Lunenburg supervisors declare local emergency, adopt ordinance enabling remote meetings and temporary powers

On April 9, 2020, the Lunenburg County Board of Supervisors unanimously declared a local state of emergency related to the COVID-19 pandemic and adopted Emergency Ordinance 20-1 to ensure continuity of government operations.

County Attorney Frank Rennie presented the ordinance and related resolutions, saying Administrator Tracy M. Gee had issued a temporary declaration on March 24 that the Board was being asked to confirm. The Board voted 7–0 to adopt the emergency declaration (motion by Supervisor Edward Pennington; seconded by Supervisor Frank Bacon) and later voted 7–0 to adopt Ordinance 20-1 (motion by Supervisor Alvester Edmonds; seconded by Supervisor Bacon).

Ordinance 20-1 contains 14 provisions that collectively: confirm the administrator's emergency declaration; authorize limited variances from state and local law to protect health and maintain essential functions; define “Public Bodies” (including the Board of Supervisors, school board, planning commission and similar entities); and expressly permit public bodies to hold meetings by real-time electronic means — audio, telephonic, video or other practical electronic media — without a quorum physically present in one location provided certain notice and recordkeeping steps are followed. The ordinance requires at least three days' public notice for electronic meetings, mandates roll-call votes that record each member’s vote, and requires minutes that describe how the meeting was conducted and who participated.

The ordinance also suspends specified deadlines for county boards, commissions and officers during the emergency, including deadlines related to fixing the tax rate, preparing and submitting the county’s annual budget, acting on land-use applications (including Virginia Code § 15.2-2232 reviews), and responding to Freedom of Information Act requests. The suspension is described as temporary: the ordinance remains in effect for 60 days unless amended, rescinded, or readopted and may not be effective beyond six months without further action.

The measure grants the director of emergency management limited, uniform temporary authorities to enter contracts using unobligated funds, waive or reduce fees, modify or suspend certain county procedures, and restrict public access to county property when reasonably necessary for health and safety. Those temporary actions are effective only until the next regular meeting of the Board, when the Board may ratify or extend them.

County Attorney Rennie also presented a separate resolution spelling out procedures for electronic public meetings and hearings; the Board approved that resolution 7–0 (motion by Pennington; seconded by Bacon). The Board voted 7–0 to confirm that the emergency status will continue until the County Administrator or the Board declares it ended (motion by Alvester Edmonds; seconded by Bacon).

The ordinance instructs the county to resume normal operations only after the County Administrator reports that all emergency actions that can be taken have been completed, the Governor ends the state of emergency, and the State Health Commissioner advises that it is safe for public gatherings.

The Board's actions put in place a temporary legal framework intended to allow government functions to continue while minimizing in-person gatherings and preserving transparency through electronic meeting procedures.