City Counci l - Work Sess ionCity Counci l Budget Work Sess ionApri l 08, 2020Page | 1

City of Manassas, VirginiaCity Council - Work Session Meeting

AGENDA

City Council Budget Work SessionCouncil Chambers

9027 Center StreetManassas, VA 20110

Wednesday, April 08, 2020

Call to Order - 5:30 p.m.

Roll Call

1. Action Items

1.1 Resolution #R-2020-31: A Resolution Amending City Council’s Rules ofProcedure by Adding a New Section 6-11 to Authorize Participation in CityCouncil Meetings by Remote Electronic Communication(Staff: W. Patrick Pate, City Manager and Craig Brown, City Attorney)Agenda Statement - Resolution #R-2020-31Resolution #R-2020-31Rules of Procedure - Section 6-11 Addition - Remote Participation

1.2 Ordinance #O-2020-15: An Emergency Uncodified Ordinance to EffectuateTemporary Changes in Certain Deadlines and to Modify Public Meeting andPublic Hearing Practices and Procedures to Address Continuity of GovernmentAssociated with Pandemic Disaster(Staff: W. Patrick Pate, City Manager and Craig Brown, City Attorney)Agenda Statement - Ordinance #O-2020-15O-2020-15

2. Discussion Items

2.1 Budget Work Session

2.2 City Manager Update

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City Counci l - Work Sess ionCity Counci l Budget Work Sess ionApri l 08, 2020Page | 2

Adjournment

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: April 8, 2020

Time Estimate: 5 Minutes

Agenda Title: Resolution #R-2020-31: A Resolution Amending City Council’s Rules of Procedure by Adding a New Section 6-11 to Authorize Participation in City Council Meetings by Remote Electronic Communication

Recommendation: Approve

Motion: I move that Resolution #R-2020-31 be approved.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

The Rules of Procedure were designed for the benefit and convenience of the Manassas City Council and are intended to describe the rules and guidelines by which the City Council operates. Additionally, the Rules of Procedure will help City Council conduct its affairs in a timely and efficient manner and serve as a quick reference for resolving policy and procedural questions during meetings and work sessions.

Following a request by City Council, Section 6-11 was added to authorize participation in City Council Meetings by Remote Electronic Participation. No other changes were made to the document.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: No immediate impact, although there may be some costs associated with the technology needed to allow Councilors to fully participate in meetings from remote locations.

Staff Contact: W. Patrick Pate, City Managerppate@manassasva.gov(703) 257-8382

Craig Brown, City Attorneycbrown@manassasva.gov(703) 257-8208

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MOTION: April 8, 2020Regular Meeting

SECOND: Res. No. R-2020-31

RE: A RESOLUTION AMENDING CITY COUNCIL’S RULES OF PROCEDURE BY ADDING A NEW SECTION 6-11 TO AUTHORIZE PARTICIPATION IN CITY COUNCIL MEETINGS BY REMOTE ELECTRONIC COMMUNICATION

WHEREAS, on January 2, 2019 the City Council adopted Rules of Procedure that govern the conduct of business at City Council meetings; and

WHEREAS, Virginia Code §2.2-3708.2 allows, under certain conditions, individual members of a public body to participate in a meeting by electronic communication means from a remote location, when a quorum of the public body is physically assembled for a meeting at another location; and

WHEREAS, section 2.2-3708.2 requires the public body to adopt a written policy allowing for and governing participation of its members by electronic communication means, including an approval process for such participation; and

WHEREAS, such a policy promotes full participation by all members of the Council, in that it will allow individual members to participate in meetings even when the member cannot physically attend the meeting, due to temporary or permanent disability, another medical condition or a personal matter.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Manassas, Virginia that the City Council Rules of Procedure are hereby amended to add a new section 6-11, entitled “Participation by Remote Electronic Communication”, a copy of which is attached to this Resolution. This amendment shall become effective immediately upon passage of this Resolution.

___________________________________Harry J. Parrish II Mayor On behalf of the City Council

of Manassas, Virginia

ATTEST:

__________________________________Lee Ann Henderson City Clerk

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Votes:

Ayes: Nays: Absent from Vote: Absent from Meeting:

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MANASSAS CITY COUNCIL 

RULES OF PROCEDURE 

Adopted: __________________ 

SECTION 6 – RULES OF PROCEDURE FOR COUNCIL MEETINGS 

Section 6‐11.  Participation by Remote Electronic Communication     

The  following  policy  is  established  pursuant  to  Virginia  Code  §2.2‐3708.2  to  allow members  of  City  Council  to  participate  in  a  City  Council  meeting  through  electronic communication means  from a  remote  location  that  is  not  open  to  the public,  subject  to  the conditions and requirements of this Section.  The following provisions shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 

A. On or before the day of a meeting, the member who wishes to participate through electronic means must notify the Mayor, or in the Mayor’s absence the member who will chair the meeting, that the member is unable to attend the meeting due to (1) a temporary  or  permanent  disability  or  other  medical  condition  that  prevents  the member's physical attendance; or (2) a personal matter, and identifies with specificity the  nature  of  the  personal  matter.  Remote  electronic  participation  by  a member because of a personal matter is limited each calendar year to two meetings. 

B. Following receipt of notification as required by subsection (A), remote participation by electronic communication is authorized if (1) a quorum of City Council is physically assembled at one primary or central meeting location; and (2) the City Council makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. 

C.  At  the  start of  the meeting  the Mayor, or other presiding officer,  shall  advise  the Council  of  the  member’s  request  for  participation  by  remote  electronic communication. If the conditions and requirements of this Policy have been met, the Council shall approve the member’s request by majority vote.   If participation by a member through electronic communication means is approved, the Clerk of Council shall  record  in  the  minutes  of  the  meeting  the  remote  location  from  which  the member  participated.  If  participation  is  approved  because  of  the  member’s temporary or permanent disability or other medical condition, the Clerk of Council shall also include in the minutes of the meeting the fact that the member participated 

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through electronic communication means due to a temporary or permanent disability or  other  medical  condition  that  prevented  the  member's  physical  attendance.  If participation  is approved due to a member’s personal matter,  the Clerk of Council shall also include in the minutes of the meeting the specific nature of the personal matter cited by the member. 

D. If  a  member's  participation  from  a  remote  location  is  disapproved  because  such participation  would  violate  this  Policy,  such  disapproval  shall  be  recorded  in  the minutes with specificity. 

 

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City of ManassasManassas City Council

9027 Center StreetManassas, VA 20110

Meeting Date: April 8, 2020

Time Estimate: 10 Minutes

Agenda Title: Ordinance #O-2020-15: An Emergency Uncodified Ordinance to Effectuate Temporary Changes in Certain Deadlines and to Modify Public Meeting and Public Hearing Practices and Procedures to Address Continuity of Government Associated with Pandemic Disaster

Recommendation: Approve Ordinance #O-2020-15

Motion: I move that Ordinance #O-2020-15 be approved as an Emergency Ordinance, effective upon adoption on first reading.

Date Last Consideredby City Council:

N/A

Summary and/orComments:

In response to the threat posed by the spread of the COVID-19 virus, the Governor of the Commonwealth has ordered that “all public and private in person gatherings of 10 or more individuals are prohibited”. The most recent Executive Order from the Governor has also directed all individuals in Virginia to remain at their residence, with certain exceptions, and to maintain social distancing of at least six feet when using shared or outdoor spaces, in order to curb the spread of the virus. Those restrictions are particularly challenging for local governing bodies that are normally required to meet in person in a setting that is open and accessible to the public.

This proposed emergency ordinance is authorized by Virginia Code § 15.2-1413, which provides that 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. On March 20, 2020, Virginia Attorney General Mark Herring issued an opinion confirming that localities can adopt ordinances to assure continuity in government during the current disaster, and that such ordinances may authorize departures from provisions of state law that are otherwise applicable to the locality.

The language of the ordinance proposed for Manassas tracks a model ordinance drafted by a group of Virginia local government attorneys. The ordinance acknowledges that the COVID-19 Pandemic may make it unsafe for public bodies to assemble a quorum in one location, or to conduct meetings in accordance with normal practices and procedures. It therefore authorizes, with certain procedural safeguards, meetings of public bodies to be held through electronic means, without a quorum of the body being physically present in one location. It also contemplates that members of the public will have access to and can participate in “electronic” City Council meetings by alternative means, rather than in person participation.

While these local “continuity of government” ordinances are becoming commonplace in Virginia, local governing bodies are holding their meetings in a variety of ways. Some localities are continuing to hold “traditional” meetings with a quorum of the council or board assembled in the same location. Other localities have gone to purely “virtual” meetings. As an example, the continuity ordinance adopted by one locality provides thatthe “City Council shall meet electronically until such time as it is safe for the public to physically attend meetings and the City’s public buildings are reopened, as evidenced by a

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declaration of the Governor of Virginia that the emergency in the Commonwealth of Virginia has ended.”

Last, the proposed emergency ordinance would suspend deadlines applicable to the City and its officers (including constitutional officers) and staff during the COVID-19 disaster, and authorizes Public Entities, at their discretion, to postpone non-emergency public hearings requiring action by a Public Entity during the COVID-19 disaster.

Board – Committee – or Commission Reviewed:

N/A

Fiscal Impact: No immediate impact, although there may be some costs associated with the technology needed to hold “electronic” City Council meetings, with mechanisms for remote participation by the public.

Staff Contact: W. Patrick Pate, City Managerppate@manassasva.gov(703) 257-8382

Craig Brown, City Attorneycbrown@manassasva.gov(703) 257-8208

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REVISED APRIL 8, 2020

ORDINANCE #O-2020-15

First Reading ________Second Reading __N/A___Enacted ________Effective ________

AN EMERGENCY UNCODIFIED ORDINANCE TO EFFECTUATE TEMPORARY CHANGESIN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING

PRACTCES AND PROCEDURES TO ADDRESS CONTINUITY OF GOVERNMENTASSOCIATED WITH PANDEMIC DISASTER

BE IT ORDAINED by the Council of the City of Manassas, Virginia, meeting in regular

session this __ day of April, 2020:

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

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WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19

outbreak a pandemic; and

WHEREAS, on March 17, 2020 Manassas City Manager William Patrick Pate, in his capacity

as Director of Emergency Management, declared a local emergency pursuant to Virginia Code

§44-146.21; and

WHEREAS, given the Governor’s Declaration on March 12, 2020, the rapid spread of

COVID-19 from person-to-person in a sustained way and the resulting immediate need for local

emergency actions to begin, the City Council of the City of Manassas could not timely convene to

give its prior consent to the City Manager’s Declaration; and

WHEREAS, on March 30, 2020 Governor Northam issued Executive Order Fifty-Five which,

with certain exceptions, directed all individuals in Virginia to remain at their place of residence

and to maintain social distancing of at least six feet when using shared or outdoor spaces, and

prohibited all public and private in-person gatherings of more than 10 individuals; and

WHEREAS, the City Council 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; 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

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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 City Council 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 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

Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States

of America.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Manassas, Virginia

that pursuant to Virginia Code §44-146.21 (A) the City Council confirms the declaration of a local

emergency by the City Manager on March 17, 2020.

BE IT FURTHER ORDAINED THAT:

1. That while the City Council values transparency in government and recognizes that public

engagement is an essential part of a participatory democracy, the COVID-19 pandemic makes

it unsafe for certain public bodies to assemble a quorum in one location, and to conduct 12

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meetings in accordance with normal practices and procedures. Those public bodies that are

necessary for the continuity of the City government include, but are not limited to the City

Council, the School Board, the Planning Commission, Board of Zoning Appeals, Board of

Equalization, the Economic Development Authority and all local and regional boards,

commissions, committees and authorities created by the City Council or, to the extent

allowed by law, those on which the Council has a member, or to which the City Council

appoints all or a portion of its members (collectively “Public Entities” and individually “Public

Entity”).

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 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 any Council appointees, designees or representatives to such Public Entities

are authorized to participate in such meeting electronically, to the extent permitted by

law; and

b. Prior to holding any such electronic meeting, the Public Entity shall provide public notice

of at least 3 calendar days in advance of the electronic meeting identifying how the public

may participate or otherwise offer comment; and

c. 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

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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 available for electronic viewing

by the public and closed to in-person participation by the public; and

e. 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 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

f. The minutes of all electronic meetings 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.

BE IT FURTHER ORDAINED that any scheduled meeting of the City Council may be canceled

by the Mayor, after consultation with the City Manager, if there is no essential business that

needs to occur or if conditions otherwise make it impractical to meet; provided that the City

Council shall retain the right, through any three of its members, to request a special meeting to

address any matter that requires the immediate attention of the Council. The Mayor is further

authorized to delay the scheduled starting time of any City Council meeting, but not later than

the advertised time for any public hearing. Notice of the delay in the starting time of a meeting

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or the cancellation of any meeting must be provided to the members of the City Council and the

public as soon as practicable; and

BE IT FURTHER ORDAINED that for the duration of the local emergency as declared by the

City Manager and confirmed by the City Council, or until a majority of City Council directs

otherwise, regular meetings of the City Council shall not include on the agenda “Citizen’s Time”

for public comment. In lieu of Citizen’s Time, City staff is directed to actively solicit public

comment though audio, video or written means, including through available platforms of social

media, on any matter that would have been appropriate for comment during Citizen’s Time,

without regard to whether the matter is also scheduled for a public hearing. All public comments

received shall be provided to the Mayor and the members of City Council in a timely manner.

When preparing the agenda for any City Council meeting, the Mayor and City Manager shall

limit the agenda to those matters that are essential to the continuity of the City government, that

require action by City Council before the expiration of a deadline that cannot be waived or

extended, that are necessary to ensure the continuation of essential public services, or that could

result in irreparable harm to the City or its inhabitants without timely action by City Council. The

Mayor is further authorized to remove from any agenda any matter that is a part of the normal

“Order of Business”, as set forth in City Code sec. 2-54. The Mayor’s decisions regarding the

contents of any agenda shall be final, unless overruled by a majority vote of City Council; and

BE IT 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

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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; and

BE IT FURTHER ORDAINED that the City Manager is authorized to release any bond, letter

of credit, cash escrow or other financial security provided to guarantee the performance of any

land development activity, upon the certification of the Director of Community Development, or

her designee, that all work secured by the financial guarantee has been completed in accordance

with all City requirements; and

BE IT 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

members of the public are aware of how and when to present their views.

BE IT FURTHER ORDAINED, that in accordance with the provisions of Virginia Code § 15.2-

1413 the provisions of this Emergency Ordinance shall remain in full force and effect for no more

than six (6) months, unless amended, rescinded or readopted by the City Council in conformity

with all applicable legal requirements. Upon rescission by the City Council 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 pursuant to Manassas City Charter Sec. 44 and

Manassas City Code §2-104, this ordinance shall be effective upon its adoption.

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BY ORDER OF THE COUNCIL

________________________________Harry J. Parrish II Mayor

On behalf of the City Council of Manassas, Virginia

ATTEST:

MOTION: SECOND: RE: Ordinance #O-2020-15ACTION:

Votes:Ayes: Nays: Absent from Vote: Absent from Meeting:

Lee Ann Henderson City Clerk

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