HomeMy WebLinkAboutZBA RESOLUTION re_ VIDEOCONFERENCING - 12-7-22(6115994.1)
RESOLUTION
OF THE
VILLAGE OF CAYUGA HEIGHTS ZONING BOARD OF APPEALS
AUTHORIZING THE USE OF VIDEOCONFERENCING FOR THE CONDUCT OF
ZONING BOARD OF APPEALS MEETINGS
WHEREAS, as of April 9, 2022, the previous videoconferencing provisions found in Public Officers
Law § 103(c) were removed, and public bodies wishing to conduct meetings via videoconference must
comply with the new requirements of Public Officers Law § 103‐a; and
WHEREAS, Public Officers Law § 103‐a(2) authorizes public bodies to conduct meetings using
videoconference technology so long as a quorum of the public body is physically present at one or
more of the locations where the public can also attend in person; and
WHEREAS, in order for public bodies to conduct meetings via videoconferencing, certain
requirements of Public Officers Law § 103‐a(2) must be satisfied; and
WHEREAS, among the requirements of Public Officers Law § 103‐a(2) is that the public body must
adopt a local law or a resolution after a public hearing authorizing the use of videoconferencing for
itself and its committees or subcommittees; and
WHEREAS, the Zoning Board of Appeals of the Village of Cayuga Heights desires to authorize the
use of videoconferencing for itself; and
WHEREAS, the Zoning Board of Appeals has conducted a public hearing to hear comments on the use
of videoconferencing to conduct public meetings;
NOW, THEREFORE, be it resolved by the Zoning Board of Appeals of the Village of Cayuga Heights
as follows:
1. The Zoning Board of Appeals of the Village of Cayuga Heights is hereby authorized to conduct
meetings via videoconferencing in accordance with the requirements of Public Officers Law § 103‐
a(2), including, but not limited to:
A. A quorum of members of the Zoning Board of Appeals must be physically present at one of the
meeting locations at which the public can attend in person unless the member is unable to be
physically present due to extraordinary circumstances, which include disability, illness, caregiving
responsibilities, or any other significant or unexpected factor or event which precludes the member's
physical attendance at such meeting.
B. Except in the case of executive sessions conducted pursuant to Public Officers Law § 105, the
Zoning Board of Appeals shall ensure that members of the Zoning Board of Appeals can be heard,
seen, and identified while the meeting is being conducted, including but not limited to any motions,
proposals, resolutions, and any other matter formally discussed or voted upon.
C. The minutes of meetings involving videoconferencing must include which, if any, members
participated remotely and must be made available to the public pursuant to Public Officers Law § 106.
D. The public notice for the meeting must (i) inform the public (a) that videoconferencing will be
used, (b) where they can view and/or participate in such meeting, and (c) where required documents
and records will be posted or available, and (ii) identify the physical location(s) where members of the
Zoning Board of Appeals will be participating in the meeting and where the public can attend the
meeting in person.
E. The Zoning Board of Appeals must record each meeting that uses videoconferencing and such
recordings must be posted or linked to on the public body’s website within five business days of the
meeting. The recordings must remain available for a minimum of five years thereafter, and recordings
must be transcribed upon request.
F. At meetings where public comment or participation is authorized, members of the public must be
able to participate in the proceedings via videoconference in real time.
G. If the Zoning Board of Appeals broadcasts its meetings or conducts its meetings via
videoconference, it must use technology that permits members of the public with disabilities to access
the video in a manner consistent with the 1990 Americans with Disabilities Act (ADA).