HomeMy WebLinkAbout3/31/2020 - Adopted Board RecordsAT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, MARCH 31, 2020
EMERGENCY ORDINANCE 033120-1 TO EFFECTUATE TEMPORARY
CHANGES IN CERTAIN DEADLINES
AND
TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES
AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS
ASSOCIATED WITH PANDEMIC DISASTER
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive
Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising
from the novel Coronavirus (COVID-19) pandemic; and
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public
health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16
arising from the public health threat presented by a communicable disease anticipated to
spread; and
WHEREAS, Executive Order Fifty -One ordered implementation of the
Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia
Emergency Operations Center to provide assistance to local governments, and
authorization for executive branch agencies to waive "any state requirement or regulation"
as appropriate; and
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency, beginning March 1, 2020, in response to the spread of COVID-19;
and
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID-19 outbreak a pandemic; and
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WHEREAS, on March 17, 2020, the Board of Supervisors confirmed the
declaration of local emergency made by the County's local director of emergency
management on March 16, 2020; and
WHEREAS, the Board finds that COVID-19 constitutes a real and substantial
threat to public health and safety and constitutes a "disaster" as defined by Virginia Code
§44-146.16, being a "communicable disease of public health threat;" and
WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary
provision of law, a locality may, by ordinance, provide a method to assure continuity of
government in the event of a disaster for a period not to exceed six months after the
disaster; and
WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of
emergency management, or any member of a governing body in his absence, may, upon
the declaration of a local emergency "proceed without regard to time-consuming
procedures and formalities prescribed by law (except mandatory constitutional
requirements) pertaining to performance of public work;" and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of the Board of
Supervisors may convene solely by electronic means "to address the emergency;" and
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act ("FOIA") are limited only by a properly claimed exemption provided under
that Act or "any other statute;" and
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WHEREAS, the Governor and Health Commissioner of the Commonwealth of
Virginia and the President of the United States have recommended suspension of public
gatherings of more than ten attendees; and
WHEREAS, The Attorney General of Virginia issued an opinion dated March 20,
2020 opining that localities have the authority during disasters to adopt ordinances to
ensure the continuity of government in accord with the provisions of Section 15.2-1413 of
the Code of Virginia; and
WHEREAS, this emergency ordinance in response to the disaster caused by the
COVID-19 pandemic promotes public health, safety and welfare and is consistent with
the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution
of the United States of America; and
WHEREAS, the first reading of this ordinance was held on March 31, 2020; and
the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the
members of the Board, this being deemed to be an emergency measure pursuant to
Section 18.04 of the Roanoke County Charter.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County
of Roanoke, Virginia:
1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum
for public bodies including the Board of Supervisors, the School Board, the Planning
Commission, Board of Zoning Appeals, Board of Equalization, and all local and
regional boards, commissions, committees and authorities created by the Board of
Supervisors or to which the Board of Supervisors appoints all or a portion of its
members (collectively, "Public Entities" and individually "Public Entity"), or for such
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Public Entities to conduct meetings in accordance with customary practices and
procedures.
2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary
provision of law, general or special, the following emergency procedures are adopted
to ensure the continuity of government during this emergency and disaster:
a. Any meetings or activities which require the physical presence of members of the
Public Entities may be held through real time electronic means (including audio,
telephonic, video or other practical electronic medium) without a quorum physically
present in one location; and
b. The chairman of each Public Entity shall have authority to decide whether to hold
any such electronic meeting. If the chairman is unavailable, the vice -chair shall
decide. If the vice -chair is unavailable, such authority shall lie with representatives
from the County's respective magisterial districts, in the following order of
availability: Vinton, Catawba, Hollins, Windsor Hills, and Cave Spring. If the Public
Entity is not comprised of representatives solely according to magisterial district,
each Public Entity may enact a Resolution that sets forth authority to make such
decision in the absence of the chairman or vice -chair.
c. Prior to holding any such electronic meeting, the Public Entity shall provide public
notice of such at least 3 days in advance of the electronic meeting, identifying how
the public may participate or otherwise offer comment; and
d. Any such electronic meeting of Public Entities shall state on its agenda and at the
beginning of such meeting that it is being held pursuant to and in compliance with
this Ordinance; identify Public Entity members physically and/or electronically
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present; identify the persons responsible for receiving public comment; and identify
notice of the opportunities for the public to access and participate in such electronic
meeting; and
e. Any such electronic meeting of the Public Entities shall be open to electronic
participation by the public which may include, inter alis, recess periods during such
meetings to receive electronic comments from citizens, and shall be closed to in-
person participation by the public; and
f. For any matters requiring a public hearing, public comment may be solicited by
electronic means in advance and shall also be solicited through telephonic or other
electronic or audiovisual means during the course of the electronic meeting. All
such public comments will be provided to members of the Public Entity during or
before the electronic meeting and made part of the record for such meeting; and
g. The minutes of all electronic meetings shall conform to the customary
requirements of law, identify how the meeting was conducted, members
participating, and specify what actions were taken at the meeting. The Public
Entities may approve minutes of an electronic meeting at a subsequent electronic
meeting and shall later approve all such minutes at a regular or special meeting
after the emergency and disaster has ended; and
h. If members of the Public Entity become incapacitated and are unable to act, the
remaining member or members shall constitute a quorum for the conduct of
business, and have authority to act for the Board by majority vote, unless a
unanimous vote of all members is required by law, in which case authority to act
shall require a unanimous vote of remaining members; and
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IT IS FURTHER ORDAINED that, notwithstanding any provision of law, regulation
or policy to the contrary, any deadlines requiring action by a Public Entity, its officers
(including Constitutional Officers) and employees of its organization shall be suspended
during this emergency and disaster, however, the Public Entities, officers and employees
thereof are encouraged to take such action as is practical and appropriate to meet those
deadlines. Failure to meet any such deadlines shall not constitute a default, violation,
approval, recommendation or otherwise. This paragraph does not automatically extend
any deadlines for the payment of taxes or filing of tax returns.
IT IS FURTHER ORDAINED that non -emergency public hearings and action items
of Public Entities may be postponed to a date certain, provided that public notice is given
so that the public are aware of how and when to present their views.
IT IS FURTHER ORDAINED that the provisions of this Emergency Ordinance shall
remain in full force and effect for a period of 60 days, unless amended, rescinded, or
readopted by the Board in conformity with the notice provisions set forth in Virginia Code
§15.2-1427 but in no event shall such ordinance be effective for more than 6 months after
the disaster. Upon rescission by the Board or automatic expiration as described herein,
this emergency ordinance shall terminate and normal practices and procedures of
government shall resume.
Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in-
person public meetings provided that public health and safety measures as well as social
distancing are taken into consideration.
An emergency is deemed to exist, and this ordinance shall be effective upon its
adoption.
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On motion of Supervisor North to adopt the ordinance, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
A C0^TESTE:
C. Jacks
Chief Deputy Clerk tc(ffie Board of Supervisors
cc: Peter S. Lubeck, County Attorney
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