City Council Special Meeting   3/25/2020

We're live on the webinar right now, so the mics are hot.

We're live on the webinar.

The mics are hot.

That's all right.

We've got about 20 people attending the meeting via the webinar.

Thanks for joining us.

We'll be getting started in just a few more minutes.

We can unmute Kena if you'd like her to call the roll.

But before we do that, I'll do the stuff of Sena first.

So Heather said Michael was coming right in.

Now we have 28 people on the webinar.

Thanks for joining us.

Thank you all for joining us.

And Mayor Walker, just again for FOIA purposes, Vice Mayor Magill,

is participating via telephone.

I am.

I'm so sorry to hear that.

Is there a motion?

Thomas with the roll call.

Ms.

I'm here.

Yes.

Mr. Payne Here Mr. Snook Here Ms.

Walker Present Ms.

Hill Here Before the council today is an ordinance and

Obviously, these are trying times for everybody, not just in local government, but in our community in general.

But in order to protect everyone's health and safety, I think it seems to be a consensus of counsel that counselors would prefer whatever legal means are necessary to allow you to all participate electronically.

until this COVID-19 issue, until there's some mitigation of that in the community that would make it safe for people to gather.

And therefore, there is an ordinance before you.

I want to start off.

Counselor Snook contacted me right before the meeting, and we will make one modification as we go through here.

But as everyone knows, the Freedom of Information Act requires the council to have what's called an open meeting.

And traditionally that's been and it also requires a physical quorum of the council.

And traditionally, per FOIA,

Obviously three people of the five members of council need to be here for a physical quorum and also the doors have to be open to allow the public to participate and see the workings of government.

Considering COVID-19, and I do want to make this point, Charlottesville is not the only locality that's doing this.

I think based on the science that is out there right now, the council believes it would be best going forward until, again, there's some mitigation that council can participate and hold its meetings electronically.

on the reason that this ordinance is before you.

I will go through it for four separate reasons.

The first being that any agenda items that are scheduled for the council, the planning commission, any city board commission or authority are deemed continued for the duration of Dr. Richardson's local emergency declaration.

and if there's not action taken by the council, boards, commissions or authorities that in fact the statutorily mandated time frames are waived until the declaration of emergency is lifted.

Also as I started off here, the next is the second, or the first be it further ordained clause provides that the council, commissions, boards and authorities can in fact utilize electronic meeting procedures

for the duration of this emergency.

And I will make a clarification in the ordinance at Councillor Snook's request.

I think it's correct to state that the provisions that usually require a medical or personal condition are deemed waived, that this is, in fact, pursuant to the authority under 2.2 3708.2A3.

and that the council from here on, if it chooses until the end of the emergency declaration, can meet electronically.

I do want to make it point out.

I know that it's a point of emphasis with the council that this last clause in the first be it further ordained paragraph says such electronic meetings will be held in a manner designed to maximize public participation to the fullest possible extent.

Obviously, everyone wishes we could have our council chambers open and the usual public participation, but I know Mr. Wheeler with this webinar and other means, including the Facebook broadcasts, we're trying our best to maximize public participation when there are going to be these meetings like today and electronic meetings.

Third,

you'll see that again for the council boards and commissions including the planning commission if there is a public hearing that has to occur during this obviously we will utilize all means possible including webinar technology but

This also states that the public can submit comments to the city clerk prior to, during, and for five days following the electronic meeting, and those will be officially made part of the public hearing record.

So that, again, if somebody can't participate via webinar, this does give them the option to send an email to

become part of that public hearing record.

Hopefully, again, this is a way to maximize more people's ability to participate while we are in these conditions.

The fourth, be it further ordained, the city manager has hereby delegated the responsibility to open, close and establish the hours of operation of all city parks.

I included this because the city code sets the hours of the parks.

And quite frankly, we don't know what guidance we're going to get from the federal government or the state that may have to do with park closing and think it's better.

And again, this just lasts for the

duration of this emergency to give the city manager the authority to close parks if in fact we receive such guidance from the federal or state government rather than have to go through an ordinance change and the like by the council.

Those are the four highlights of this continuity of government ordinance.

I know, certainly you all can comment, but I think I speak for all of you.

This isn't the preference of this council to do it this way.

We try to maximize public participation, but due to this virus, I think everybody feels like this is the way to try to keep health and safety of the community.

maximized during this emergency.

And obviously, if it continued beyond that, we could renew it.

Yes.

On the

be it further ordained the first clause it says if you look under normal means by physically assembling a quorum of the public body or by solely electronic means as described in Virginia code section 2.2 37082A3

and that such electronics will be held in a manner designed to maximize public participation to the fullest extent possible, comma, and any provision of Virginia Code section 2.2-3708.2

requiring council approval of electronic participation due to a personal matter or medical condition

Mr. Blair, just out of curiosity, I know there's a provision someplace and I just can't call up where.

that where we've said we only want to have, basically we want to only authorize two such participations electronically, you know, what a calendar year or something.

That is the 2.2, 3708.2.

The first part of it, I believe it's subsection A, requires the governing body to approve if there is a medical condition.

A1B.

I see.

Yeah.

Thank you.

Do you want to read the whole thing?

I think we should.

Do you want me to read it?

I can do it.

Ordinance to modify deadlines, modify public meetings and public hearing practices and procedures to address continuity of operations associated with the pandemic disaster.

Whereas on March 12, 2020, Governor Ralph S. Northam issued Executive Order 51 declaring a state of emergency for the Commonwealth of Virginia due to the potential spread of COVID-19,

and whereas Governor Northam's March 12, 2020 declaration found that the anticipated effects of COVID-19 constitute a disaster pursuant to Virginia Code Section 44-146,

and whereas City Manager and Director of Emergency Management Dr. Terron J. Richardson declared a potential spread of COVID-19 an emergency on March 12, 2020 pursuant to a resolution adopted by the Charlottesville City Council and whereas Virginia Code Section

15.2-1413 provides that a locality may, by ordinance, provide a method to assure continuity in government in the event of a disaster notwithstanding any contrary provision of law, general or special, and whereas

The Virginia Freedom of Information Act, Code of Virginia, Section 2.2-3700, provides that all meetings shall be open to the public unless a public body elects to exercise an exemption provided by the act or any other statute.

Now therefore be it ordained by the Council of the City of Charlottesville, Virginia that agenda items scheduled or proposed to be considered for the duration of the local emergency declaration by the City Council Planning Commission or any other City Board commission or authority shall be deemed continued for the duration of the local emergency declaration.

If the City Council Planning Commission or other City Board commission or authority does not take action on the agenda item during the reference timeframe, including those agenda items for which the state or local law requires an affirmative action to be taken within the statutorial mandated timeframe,

and the failure to act can be deemed an approval and be it further ordained that the city council planning commission and any other city board commission or authority may at their election conduct previously scheduled meetings or special meetings

and act upon scheduled or proposed agenda items before them for the duration of the emergency declaration under normal means by physically assembling a quorum of the body or by solely electronic means as described in Virginia Code 2.2-13.

and that electronic meetings will be held in a manner designed to maximize public participation to the fullest extent possible and any provision

of the code section 2.2-3708.2 requiring council approval of electronic participation due to a personal matter or medical condition is hereby waived.

Be it further ordained that in the event that a matter which requires a public hearing prior to action is deemed by the city council, planning commission, board commission, or authority is present

to present a critical government function essential of continuity of government for the duration of the emergency declaration then the public hearing may be conducted by an open public comment period called for doing an electronic meeting as well as by submission of written public comments to the city clerk prior to

during and for five days following the electronic meeting after the city has first publicized notice of the electronic meeting and public hearing on the city's website at least five days before the public hearing.

Be it further ordained that the city managers hereby delegated the responsibility to open, close, and establish the hours of operation of all city parks

Be it further ordained that this Charlottesville City Council reserves the right to rescind or amend this ordinance.

Be it further ordained that this ordinance shall expire either upon the earlier occurrence of one Charlottesville City Council taking action pursuant to Virginia Code Section 44-14.21

to the end of the emergency declaration or two six months from the date of this ordinance adoption.

Just one question to be clear.

If we have a standard meeting, in other words, one not being conducted by electronic means, we can then conduct other non-emergency related business.

Is that correct?

Yes, sir.

We just can't do it by this purely electronic means.

Yeah.

And one of the items that I think would constitute a continuity of government issue might be a budget meeting, for example.

Yes, sir.

So we can move forward with some of the budget decisions, again, trying to maximize public input as best we can.

If for some reason we can't have a standard meeting with everybody here, we could, in fact, proceed electronically on a budget.

Right.

Any further questions?

Do we want to have any public comment?

I don't know whether anybody in the public wants to comment or be heard, but is that part of the option here?

On the webinar, if you would like to speak to city council about the ordinance, please raise your hand.

We do have a couple of participants.

Matt Lawless, you are on with city council.

Good morning, friends.

My name's Matt Lawless calling from the town of Scottsville.

I serve as town administrator here.

I want to commend you for your leadership on this issue.

It's been complicated through our region.

Scottsville town council is undertaking the same matter tomorrow with a similar ordinance.

And it's encouraging to see you guys leading on this.

And we'll do the best we can to help out for the region.

Next we have Missy is going to join and if you could say your full name.

And it looks like she's not joining.

Okay.

Is there anyone else?

Oh, Missy.

Missy, you're on with city council.

If you could tell us your full name.

Thank you.

Right.

Right.

That's the waiving the deadlines.

Yeah.

Yeah.

And unless we were to have a standard non-electronic meeting.

What you were saying earlier.

Yeah.

So we could.

Exactly.

OK.

OK.

Any further questions, comments?

All right.

Aye.

Aye.

Is there any other business?

With this opportunity, Brian, is there anything you would like us to share with the community?

That's right.

Thank you.