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HomeMy WebLinkAbout3/31/2020 - Special March 31 , 2020 151 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day for a special meeting for the purpose of considering an ordinance to insure continuity of operations as a result of the COVID-19 (Coronavirus) pandemic. Audio recordings of this meeting are on file. IN RE: CALL TO ORDER Chairman Radford called the meeting to order at 10:00 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: NEW BUSINESS 1. Emergency Ordinance 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 COVID-19 pandemic (due to the pandemic disaster, is requested that, upon a four-fifths. vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure). (Peter S. Lubeck, County Attorney) Mr. Lubeck outlined the request for the emergency ordinance. There was no discussion. EMERGENCY ORDINANCE 033120-1 TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND 111 TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER 152 March 31 , 2020 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 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 March 31 , 2020 153 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 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. 154 March 31 , 2020 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 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 alia, 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 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. } March 31 , 2020 155 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. 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 IN RE: ADJOURNMENT The meeting was adjourned at 10:08 p.m. u miffed by: Approved by: r eborah C. Ja k David F. Radford /1/(7---..1 C id Deputy rk to the Board Chairman 156 March 31 , 2020 PAGE LEFT BLANK INTENTIONALLY