Town of Onancock Town Council Special Meeting March 31, 2020 4:00 p.m.  1. Call to Orderand Roll Call 2. Pledge of Allegiance 3. Public Business  a. Adoption of an Emergency Ordinance on Continuity of Government - Mayor b. Adoption ofa a Resolution Adopting Procedures for Electronic Public Meetings Discussion of Extending the Business License Tax Due Date - Interim Town d. Discussion of Extending the Vehicle Decal Due Date - Interim Town Manager  Fletcher Fosque  and Public Hearings - Mayor Fletcher Fosque  Manager Lisa Fiege Lisa Fiege  e. Discussion of Meals Tax - Mayor Fletcher Fosque  4. Public Comment 5. Adjourn    Town Counci! Special Meeting Notes  An Emergency Ordinance - This ordinance acknowledges the COVID-19 pandemic and the widespread concern about public gatherings. Due to the concerns of this pandemic-t this ordinance sets up the guidelines for council tol hold and vote at electronic meetings while further outlining the appropriate means of creating public access and participation. This will allow the continuity of town government for the coming months. This ordinance. sunsets 60- Resolution to Adopt the Procedures for An Electronic Meeting - This resolution authorizes and directs officers and: staff to take reasonably necessary steps to implement continuity procedures and to develop any specific procedures applicable and appropriate for the Town of Onancock. This resolution remains in effect for the duration of the Emergency Ordinance. Resolution to Extend the Business License Due Date This resolution allows town businesses to submit and pay the license fee by. June 30, 2020. Per Town Code, business license fees are due to the town on or before April 30. This will supersede the Town Code for this license year. Resolution to Extend the Vehicle Decal Due Date -1 This resolution moves the decal due date to June 30, 2020. Per Town Code, decals are due on vehicles no later than April 15th. This  days after the date of effectiveness.  resolution expires June 30, 2020. Meals Tax Discussion Items  Resolution to Extend the Meals Tax Due Date - This resolution would allow restaurants to remit their meals taxt to the town by. June 30, 2020 for the following submission months; March, April & May. This resolution will expire. June 30, 2020. Resolution to Suspend Meal Tax Collection- - This resolution would: suspend the collection of the meals tax. Restaurants would not be required to collect and remit the tax to the town for the following months; April and May 2020. This resolution expires  May 31, 2020.    ONANÇOCK Live it Love it VIRGINIA FOUNDED 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 PROCEDURES1 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 ofe emergency for the Commonwealth of Virginia arising from the novel Coronavirus  COVID-19/pandemic, and  WHEREAS, Executive Order Fifty-One acknowledged the existence ofa public health emergency which constitutes a disaster as defined by' Virginia Code 5 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 oft 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 ofl local emergency made by the local director ofe emergency management on  March 19, 2020 by Accomack County Director of Emergency;a and    WHEREAS, the Town Council finds that COVID-19 constitutes a real and: substantial threatto public health and safety and constitutes a "disaster" as defined by Virginia Code 544-146.16 beinga  "communicable disease of public health threat;" 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 ofa disaster for a period not to exceed six months; and  WHEREAS, Virginia Code $ 44-146.21(C) further provides that al local director of emergency management or any member ofa governing body in his absence may upon the declaration ofa 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;"a and WHEREAS, Virginia Code $2.2-3708.2/A)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 ofl 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 ofr 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, BE 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"), ori for such Public Entities  too conduct meetings in accordance with normal practices and procedures.  2. That in accordance with Virginia Code S 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 oft 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 at the beginning of such meeting that it is being held pursuant to andi 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.  ITISFURTHER 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 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.  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.  ITIS FURTHER 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 ori 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 int full force and effect for a period of6 60 days, unless amended, rescinded or readopted by the Town Council 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. Upon rescission by the BOARD/COUNCIL or automatic expiration as described herein, this emergency ordinance shall terminate, and normal practices and  procedures of government: shall resume.  Nothing int 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.  APPROVED  ATTEST:  APPROVED ASTO FORM:  5    ONANÇOCK Live it Love it VIRGINIA FOUNDED,1680  RESOLUTION OF THE TOWN OF ONANÇOCK  AUTHORIZING THE ADOPTION OF PROCEDURES FOR ELECTRONIC PUBLIC MEETINGS AND PUBLIC HEARINGS TO 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 ofe emergency for the Commonwealth of Virginia arising from the novel Coronavirus  (COVID-19) pandemic; and  WHEREAS, Executive Order Fifty-One acknowledged the existence ofa 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 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" asa 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 oft 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 5 44-146.16, beinga  "communicable disease of public health threat"; and  WHEREAS, Virginia Code S 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 of the Town of Onancock Town Council, pursuant to Virginia Code S 15.2-1413 & 1102, adopted an Emergency Ordinance to Effectuate Temporary Changesi 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 its Emergency Ordinance, the Town Council specifiçally found that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by' Virginia Code 5 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"), or 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 Entitles, at their discretion, to postpone non- emergency public hearings and action  items during the disaster; and  2    WHEREAS, the Planning Commission and Board of Zoning Appeals oft the Town of Onancock, being a public body and whose members are appointed by the Council, are both Public Entities included  within the scope oft the Emergency Ordinance.  NOW, THEREFORE, BEI 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  BEITFURTHER RESOLVED that the Town of Onancock 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 spedificprocedures are consistent with the terms and conditions of the Emergency  Ordinance; and  BE ITF 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 Town Council.  ADOPTED by the  APPROVED  ATTEST:  APPROVED ASTO FORM:  3    ONANÇOCK Live it Love it VIRGINIA FOUNDED,1680  RESOLUTION OF THE TOWN OF ONANCOCK THE COVID-19 PANDEMIC DISASTER  EMEREGENCY ORDER TO EXTEND THE BUSINESS LICENSE TAXDUE DATE DURING  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 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 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 31, 2020, the governing body of the Town of Onancock Town Council confirmed the declaration of 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 54 44-146.16, beinga  "communicable disease of public health threat"; and  WHEREAS, on March 31, 2020, the governing body of the Town of Onancock Town Council, pursuant to Town Code 5 12-3(c), Liçense Requirement, adopted an Emergency Resolution to Extend the  Business License Due Date During the COVID-19 Pandemic Disaster; and  NOW, THEREFORE, BEI ITI RESOLVED that the Town of Onancock hereby extends the business  license due date to. June 30, 2020; and  BE ITF FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption and  shall remain in effect through. June 30, 2020.  ADOPTED by the.  APPROVED  ATTEST:  APPROVED. ASTO FORM:  2    ONANÇOCK Live it Love it VIRGINIA FOUNDED,1080  RESOLUTION OF THE TOWN OF ONANCOCK THE COVID-19 PANDEMIC DISASTER  EMEREGENCY ORDER TO EXTEND THE VEHICLE DECAL DUE DATE DURING  WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state ofe 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 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  a 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 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 S 44-146.16, beinga a  "communicable disease of public health threat"; and  WHEREAS, on March 31, 2020, the governing body of the Town of Onancock Town Council, pursuant to Town Code $ 13-16, License Year; when tax payable; proration oft tax; adopted an Emergency Resolution to Extend the Business License Due Date During the COVID-19 Pandemic Disaster;  and  NOW, THEREFORE, BE ITI RESOLVED that the Town of Onancock hereby extends the vehicle  decal due date to June 30, 2020; and  BEITFURTHER RESOLVED that this Resolution shall take effect immediately upon adoption and  shail remain in effect through. June 30, 2020.  ADOPTED by the.  APPROVED  ATTEST:  APPROVED AS TO FORM:  2    ONANCOCK Live it Love it VIRGINIA FOUNDED,1680  RESOLUTION OF THE TOWN OF ONANCOCK THE COVID-19 PANDEMIC DISASTER  EMEREGENCY ORDER TO EXTEND THE MEALSTAX DUE DATE DURING  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 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 of the Commonwealth of Virginia Emergency Operations Plan, activation oft 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 31, 2020, the governing body of the Town of Onancock Town Council confirmed the declaration of 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 S 44-146.16, beinga a  "communicable disease ofp public health threat"; and  WHEREAS, on March 31, 2020, the governing body oft the Town of Onancock Town Council, pursuant to Town Code 59 9.45, Payment and Collection of Tax, adopted an Emergency! Resolution to  Extend the Meals Tax Due Date During the COVID-19 Pandemic Disaster; and  NOW, THEREFORE, BEI IT RESOLVED that the Town of Onancock hereby extends the meals tax  due to. June 30, 20201 for the following months: March, April and May 2020; and  BEITFURTHER RESOLVED that this Resolution shall take effecti immediately upon adoption and  shall remain in effect through. June 30, 2020.  ADOPTED by the  APPROVED  ATTEST:  APPROVED ASTOFORM:  2    ONANCOCK Live it Love it VIRGINIA FOUNDED1680)  RESOLUTION OF THE TOWN OF ONANCOCK THE COVID-19 PANDEMIC DISASTER  EMEREGENCY ORDER TO SUSPEND THE MEALS TAX COLLECTION DURING  WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state ofe emergency for the Commonwealth of Virginia arising from the novel Coronavirus  (COVID-19) pandemic; and  WHEREAS, Executive Order Fifty-One acknowledged the existence ofa 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  a 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 of emergency management on March 19, 2020 by the Accomack County Director of Emergency Services, specifiçally finding that the    COVID-19 Pandemic constitutes a "disaster" as defined in Virginia Code S 44-146.16, beinga  "communicable disease of public health threat"; and  WHEREAS, on March. 31, 2020, the governing body oft the Town of Onancock Town Council, pursuant to Town Code S 9.45, Payment and Collection of Tax, adopted an Emergency Resolution to Suspend Collections of the Meal Tax During the COVID-19 Pandemiç Disaster; and  NOW, THEREFORE, BEI IT RESOLVED that the Town of Onancock hereby suspends the collection  oft the meals taxt for thei following months: April and May 2020; and  BEITFURTHER RESOLVED that this Resolution shall take effect immediately upon adoption and  shall remain in effect through May 31, 2020.  ADOPTED by the  APPROVED  ATTEST:  APPROVED ASTO FORM:  2