Town Council: Bob Bloxom Burger Ray Thelma Gillespie Catherine Krause Joy Marino Maphis Oswald  Mayor: Fletcher Fosque Town Manager: Matt Spuck  ONANCOCK Live it Love it VIRGINIA FOUNDED1680 Town of Onancock Town Council Public Hearing November 19, 2020  15 North. Street Onancock, VA 23417 757-787-3363 www.0nancock.com  5:30pm, 15 North St., Onancock, VA: 23417  Attend In Person (face covering, and physical distancing required at all times)  Attend Remotely  Join Zoom Meeting ORI by Phone:  tps/US02webZ00m.N//88671181185170/PWO-TIVEWWRUUAWULNAPmyVexZTUTO9  1-646-558-8656 (then listen to guided instructions)  Meeting ID: 886 7118 8170 Passcode: 562025  Agenda  Call1 to Order and Roll Call Pledge of Allegiance  Public Hearing regarding Community Development Block Grants (CDBG) and its national objectives as  they relate to the Town of Onancock  Roll Call and Attendance of all attendees (in person and attending remotely)  Brief presentation by Town Manager, Matt Spuck  Public Comment  Motion to adopt resolution for Emergency Continuance of Government Motion to adopt resolution for Electronic Public Meetings  Council Comments Adjourn    ONANÇOCK Live it Love it VIRGINIA FOUNDE0,1680)  AN EMERGENCY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ONANCOCKTO 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 ofa a public health emergency which constitutes a disaster as defined by Virginia Code S 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 oft 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  ap pandemic; and  WHEREAS, on March 31, 2020, the governing body of the Town of Onancock' Town Council confirmed the declaration of local emergency made by the local director ofe emergency management on  March 19, 2020 by Accomack County Director of Emergency;and    WHEREAS, the Town Council finds that COVID-19 constitutes a real and substantial threati to public health and safety and constitutes a "disaster" as defined by' Virginia Code $44-146.161 beinga  "communicable disease of public health threat;" and  WHEREAS, Virginia Code $15.2-1413 & 1102 provides that, notwithstanding any contrary provision of law, al locality may, by ordinance, provide a method to assure continuity of government in  the event ofa disaster for a period not to exceed six months; and  WHEREAS, Virginia Code $ 44-146.21(C) further provides that al local director ofe emergency management or any member ofag governing body in his absence may upon the declaration ofal 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 92.2-3708.21A)3) allows, under certain procedural requirements including public notice and access, that members of the Town Council 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  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: stating that  localities have the authority during disasters to adopt ordinances to ensure the continuity of  government; 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  2    Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of  America.  NOW, THEREFORE, BEI IT ORDAINED by the Town Council of Onancock, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Town Council, the Planning Commission and Board of Zoning Appeals and all committees created by the Town Council or to which the Town Council appoints all or a portion of its members (collectively "Public Entities" and individually "Public Entity"), or fors such Public Entities  to conduct meetings ina accordance with normal practices and procedures.  2. That in accordance with' Virginia Code $ 15.2-1413 & 1102, 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 meeting 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. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of at least 3 days in advance of the electronic meeting identifying how the public may participate or  otherwise offer comment; and  Any such electronic meeting of Public Entities shall: state on its agenda and ati the beginning of such meeting that iti 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  d. Any such electronic meeting of the Public Entities shall be open to electronic participation by the  public and closed to in-person participation by the public; and  3    e. Fora 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 means during the course of the electronic meeting. All such public comments will be provided to members of the Public Entity at or before the electronic meeting and made part of the record  for such meeting; and  The minutes of alle electronic meeting shall conform to the 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.  ITISI FURTHER ORDAINED that notwithstanding any provision ofl law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers (including Constitutional Officers) and employees ofi its organization shall be suspended during this emergency and disaster, however, the Public Entities, officers and employees thereofa 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.  ITISFURTHER 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.  ITISFURTHER ORDAINED, that each incorporated town within the boundaries of the Commonwealth of Virginia are encouraged, authorized and/or directed to declare its own state of local emergency and disaster or incorporate by reference the County's local state of emergency and disaster  and to adopt an ordinance for the continuity of town government.  4    ITISFURTHER 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 Town Council in conformity with the notice provisions set forth in' Virginia Code 515.2-14271 but in no event shall such ordinance be effective for more than 61 months. Upon rescission by the BOARD/COUNCILG ora automatic expiration as described herein, this emergencyordinance 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.  ADOPTED by the Onancock Town Council on November: 19, 2020.  Mayor Fletcher Fosque ATTEST:  Lisa Fiege, Clerk  5    RESOLUTION OF THE TOWN OF ONANCOCK  AUTHORIZING THE ADOPTION OF PROCEDURES FOR ELECTRONIC PUBLIC MEETINGS AND PUBLIC HEARINGSTO ENSURE THE CONTINUITY OF GOVERNMENT DURING  THE COVID-19 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 authorization for executive branch agencies to  waive "any state requirement or regulation" as appropriate; and  WHEREAS, on March 13, 2020, the President oft the United States declared a national WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 WHEREAS, on March 31, 2020, the governing body of the Town of Onancock Town Council confirmed the declaration ofl local emergency made by the local director of emergency management on March 19, 2020, by the. Accomack County Director of Emergency Services, specifically finding that the COVID-19 Pandemic constitutes a "disaster" as defined in Virginia Code 44.146.16, being a "communicable disease of public health threat";and  emergency, beginning March 1, 2020, in response to the spread of COVID-19; and  outbreak a pandemic; and  WHEREAS, Virginia Code $15.2-1413 & 1102 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; and  WHEREAS, on March 31, 2020, the governing body oft the Town of Onancock Town Council, pursuant to Virginia Code $15.2-1413 & 1102, adopted an 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 ("Emergency Ordinance"); and  WHEREAS, through tis Emergency Ordinance, the Town Council specifically found 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, through its Emergency Ordinance, the Town Council further found that the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Town Council, the Planning Commission and all local commissions, committees and authorities created by the Town Council or to which the Town Council appoints all or a portion of its members (collectively "Public Entities" and individually "Public Entity"), orf for such Public Entities to conduct meetings in accordance with normal practices and procedures;  and  WHEREAS, through its Emergency Ordinance, the Town Council adopted certain procedures to ensure the continuity of government during the COVID-19 Pandemic disaster ("Continuity Procedures"), suspended any deadlines applicable to Public Entities and their staff during the COVID-19 disaster, and authorized Public Entities, at their discretion, to postpone  non-emergency public hearings and actions items during the disaster; and  WHEREAS, the Planning Commission and Board of Zoning Appeals of the Town of Onancock, being a public body and whose members are appointed by the Council, are both  Public Entities included within the scope of the Emergency Ordinance.  NOW, THEREFORE, BE IT RESOLVED that the Town of Onancock hereby incorporates by reference and adopts the Continuity Procedures prescribed in the Emergency Ordinance, a copy  of which is attached hereto; and  BE ITF FURTHER RESOLVED that the Town of Onançock hereby authorizes and directs its officers and staff to take all steps reasonably necessary or appropriate to implement such Continuity Procedures and to develop any specific procedures as applicable and appropriate for the Town of Onancock, provided that such specific procedures are consistent with the terms  and conditions of the Emergency Ordinance; and  BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption and shall remain in effect during the pendency of the Emergency Ordinance including for any applicable period upon the re-adoption of the Emergency Ordinance by the Town  Council.  ADOPTED by the Onancock Town Council November 19, 2020  Mayor Fletcher Fosque  ATTEST:  Lisa Fiege, Clerk