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HomeMy WebLinkAbout3/31/2020 - SpecialRoanoke County Board of Supervisors March 31, 2020 INVOCATION: PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG Disclaimer: “Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board.” Page 1 of 2 Roanoke County Board of Supervisors Agenda March 31, 2020 Good morning. This is a special, emergency meeting of the Board of Supervisors for the purpose of considering an ordinance to ensure continuity of operations as a result of the COVID-19 (Coronavirus) pandemic. This meeting is being held in person at the County Administration Building. Because of the present state of emergency, and until further notice, members of the public are urged to not attend Board of Supervisor meetings in person. All are encouraged to view and participate in meetings through electronic means. Meetings may be viewed live on RVTV, Channel 3, or on the County’s website www.RoanokeCountyVA.govand click on the “Watch Board Meetings Online” button. Because there are no public hearings associated with the items on this agenda, arrangements will not be made for public comment. For further information regarding the County’s operations in response to the Coronavirus, please refer to the County’s website and click on the “Coronavirus” button. (10:00 A.M.) A.OPENING CEREMONIES 1.Roll Call B.REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C.FIRST READING OF ORDINANCES 1.Emergency Ordinance to effectuate temporary changes in certain deadline and to modify public meeting and public hearing practices and procedures to address (due to the continuityof operations associated with COVID-19 pandemic 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) D.ADJOURNMENT Page 2 of 2 ACTION NO. ITEM NO. C.1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 31, 2020 AGENDA ITEM: Emergency Ordinance to effectuate temporary changes in certain deadline 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, it is requested that, upon a four-fifths vote of the Board, the second reading be waived and the ordinance adopted as an emergency measure) SUBMITTED BY: Peter S. Lubeck County Attorney APPROVED BY: County Administrator ISSUE: Whether to adopt an ordinance pursuant to 15.2-1413 of the Code of Virginia, in order to provide for continuity of government operations during the COVID-19 (Coronavirus) pandemic. BACKGROUND: 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. DISCUSSION: During a disaster, the Code of Virginia requires and allows governing bodies of localities and other public entities to conduct their meetings in manners which are consistent with providing continuity of government and in a safe and healthy manner and for the public safety, health and welfare for the governing body and all attendees/interested parties consistent with open government. Page 1 of 2 The COVID-19 pandemic makes it impractical and unsafe, even life-threatening, for a quorum of the governing body to physically assemble in one location. Section 2.2-3708.2(A)(3) of the Code of Virginia state by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with Section 44146.17 of the Code of Virginia provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to address The virus also makes it impractical and unsafe, as well as life-threatening, for the public, period not exceeding 6 months after the disaster. See § 15.2-1413 of the Code of Virginia. Declarations of Emergency have been made at all levels of government, including by the County's Director of Emergency Management, which declaration was ratified by the Board on March 17, 2020. Section 18.04 of the Roanoke County Charter provides that emergency ordinances may be adopted with only one reading, upon an affirmative vote of 4/5ths of the members of the Board. The proposed ordinance provides for continuity of government operations during the pendency of the COVID-19 pandemic. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this ordinance. STAFF RECOMMENDATION: Staff recommends the adoption of this ordinance. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH, 2020 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 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 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 Page 1 of 6 WHEREAS, on March 17, 2020, the Board of Supervisors confirmed the declaration of local emergency made by the local director of emergency management on March 16, 2020; and WHEREAS, the Board finds that COVID-19 constitutes a real and substantial §44-146.16, d 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 -consuming procedures and formalities prescribed by law (except mandatory constitutional req 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 WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act are limited only by a properly claimed exemption provided under Page 2 of 6 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 April 14, 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, ), or for such Page 3 of 6 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 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 Page 4 of 6 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 Page 5 of 6 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. Page 6 of 6