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
meetingfor 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
TO MODIFY PUBLIC MEETING AND PUBLIC HEARING
PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY
OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER
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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
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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
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.
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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.
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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 milled by: Approved by:
4
eborah C. Ja k David F. Radford
C ief Deputy rk to the Board Chairman
March 31, 2020
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