HomeMy WebLinkAbout3/17/2020 - Special March 17, 2020 121
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day for a
special, emergency meeting for the purpose of receiving a briefing form the County
Administrator regarding the County's developing response to the COVID-19
(Coronavirus) pandemic, and to confirm the declaration of a local emergency. Audio and
video recordings of this meeting will be held on file for a minimum of five (5) years in the
office of the Clerk to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order a moment of silence was
observed. The Pledge of Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Radford called the meeting to order at 3.02 p.m.
MEMBERS PRESENT: Chairman David F. Radford; Supervisors Martha B. Hooker,
Paul M. Mahoney, Phil C. North and P. Jason Peters
MEMBERS ABSENT: None
STAFF PRESENT: Daniel R. O'Donnell, County Administrator; Richard L.
Caywood, Assistant County Administrator; Rebecca Owens,
Assistant County Administrator; Peter S. Lubeck, County
Attorney; Deborah C. Jacks, Chief Deputy Clerk to the Board
IN RE: BRIEFING/ NEW BUSINESS
1. Briefing on the County's developing response to the COVID-19
(Coronavirus) pandemic, and CONFIRMATION of declaration of
local emergency. (Daniel R. O'Donnell, County Administrator)
Mr. O'Donnell provided the briefing. The Clerk read the resolution.
122 March 17, 2020
Supervisor Peters advised he appreciated Mr. O'Donnell providing the
core services and continuing to provide to our citizens. The question he has and it may
be more of a legal question. We are in unchartered territory and he thinks he speaks for
this Board that we want to make sure we are available when we are needed by the
Administration to make decisions, etc. The question is can we do that by
telecommunications? If the Administration needed us and we need to have an
emergency meeting, i.e. tomorrow afternoon at 5:00 p.m. it is a matter that we have to
bring everybody together. He knows we have a policy in place to do that when
someone is missing, but can we do that as a Board and have a discussion.
Peter S. Lubeck, County Attorney, advised this was an excellent question
and a question that he thinks everyone is asking throughout the Commonwealth. The
answer, generally and unfortunately is no. The Board cannot meet virtually. There
must be quorum present in order for the Board to conduct business. However, the
general rule at this point in time is since a local emergency has been declared, Mr.
O'Donnell, as the Director of Emergency Management, has full authority to make
decisions to address the situation. It is meant to be that he is not supposed to come to
the Board to ask for permission in order to fulfill those responsibilities. So, at this point
in time, the Board in acting to ratify the declaration of local emergency is giving Mr.
O'Donnell full authority to carry out the measures in the County's Emergency
Operations Plan and to make those decision. He added that of course he will solicit the
Board's feedback and advice, but at this point in time he does not necessarily need to
do that for the main decisions that he makes.
Supervisor Peters advised that was the clarification that he was looking
for. He did not want something to be held up waiting on the Board when he needs to
"pull the trigger" and get it done.
Supervisor North stated to make sure he understands, today Virginia law
prohibits any discussions on a teleconference of the five of us on the phone with the
County Administrator. Is that correct, with Mr. Lubeck responding in the affirmative.
Supervisor North stated for that to change, the General Assembly would have to
reconvene or when they next meet on April 22, 2020, or there about, to consider
anything in the way to the amendment of the Code. Is that correct, with Mr. Lubeck
responding in the affirmative.
RESOLUTION 031720-1 CONFIRMING THE DECLARATION OF
LOCAL EMERGENCY DUE TO THE OUTBREAK OF SARS-CoV-
2/COVID-19 (CORONAVIRUS)
WHEREAS, in December 2019, a novel coronavirus known as SARS-CoV2 was
first detected in Wuhan, Hubei Province, People's Republic of China, causing outbreaks
of the coronavirus disease COVID-19 that has now spread globally; and
WHEREAS, the United States' Secretary of Health and Human Services
declared a public health emergency on January 31, 2020; and
March 17, 2020 123
WHEREAS, on March 11, 2020, the World Health Organization announced that
the COVID-19 outbreak can be characterized as a pandemic, as the rates of infection
continue to rise in many locations around the world and across the United States; and
WHEREAS, on March 12, 2020, Governor Ralph Northam declared a state of
emergency for the Commonwealth of Virginia due to the continued spread of COVID-19
(Coronavirus); and
WHEREAS, on March 13, 2020, the President of the United States proclaimed
that the COVID-19 outbreak in the United States constitutes a national emergency; and
WHEREAS, on March 16, 2020, Roanoke County's Director of Emergency
Management declared a local emergency pursuant to Section 44-146.21 of the Code of
Virginia; and
WHEREAS, in order for the declaration of local emergency to remain in effect, it
must be confirmed by the Board of Supervisors.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that an emergency does
now exist throughout Roanoke County; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of
said emergency, the powers, functions, and duties of the Emergency Management
Organization of Roanoke County shall be those prescribed by State law and the
ordinances, resolutions, and approved plans of Roanoke County in order to mitigate the
effects of said emergency.
On motion of Supervisor North to adopt the resolution, seconded by Supervisor
Hooker and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
Chairman Radford recessed to the fourth floor at 3:16 p.m. for Closed
Session.
IN RE: CLOSED MEETING
At 3:15 p.m., Supervisor North moved to go into closed meeting pursuant
to the Code of Virginia Section 2.2-3711 A (19): Discussion of plans to protect public
safety, where discussion in an open meeting would jeopardize the safety of any person
or the security of any facility, building, structure, information technology system, or
software program; or discussion of reports or plans related to the security of any
governmental facility, building or structure, or the safety of persons using such facility,
building or structure. Supervisor Mahoney seconded the motion and was carried by the
following recorded vote:
124 March 17, 2020
AYES: Supervisors Mahoney, Hooker, Peters, North, Radford
NAYS: None
The closed session was held from 4:00 p.m. until 5:15 p.m.
IN RE: CERTIFICATION RESOLUTION
At 5:15 p.m., Supervisor Radford moved to return to open session and to
adopt the certification resolution.
RESOLUTION 031720-2 CERTIFYING THE CLOSED MEETING
WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened
a closed meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by
the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County, Virginia, hereby certifies that, to the best of each member's
knowledge:
1. Only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the closed meeting which this
certification resolution applies; and
2. Only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by the Board of Supervisors of
Roanoke County, Virginia.
On motion of Supervisor Radford to adopt the resolution, seconded by
Supervisor North and carried by the following recorded vote:
AYES: Supervisors Mahoney, Hooker, North, Peters, Radford
NAYS: None
March 17, 2020 125
IN RE: ADJOURNMENT
The meeting was adjourned at 5:16 p.m.
S bmi i ed by: Approved by:
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De••rah C. J: - avid F. Radford
Chief Deputy I to the Board Chairman
126 March 17, 2020
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