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HomeMy WebLinkAbout3/17/2020 - Special March 17, 2020 123 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. March 17, 2020 124 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 125 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: March 17, 2020 126 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. bmi, ed by: Approved by: 44 11E61 Ag*' Dee ',rah C. - avid F. Radford Chief Deputy I to the Board Chairman March 17, 2020 128 PAGE LEFT BLANK INTENTIONALLY