Wednesday, March 18, 2020
City Council Meeting
Special Called / Emergency Meeting
Virtual / Electronically
To Hear the Live Audio of This Meeting Dial:
1-717-275-8941 access code 1895767#
11:30 a.m
DUNWOODY, GA
Agenda and
item for discussion
This meeting is being held electronically pursuant to O.C.G.A. Section 50-14-1 “g”
AN EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF DUNWOODY, GEORGIA, UNDER SECTION 1.03 OF THE CHARTER OF THE CITY OF DUNWOODY, GEORGIA, DECLARING LOCAL EMERGENCY OF THE NOVEL CORONAVIRUS DISEASE 2019 GLOBAL PANDEMIC, AND FOR OTHER PURPOSES
WHEREAS, the Mayor and Council of the City of Dunwoody, Georgia (“City”), are charged with the protection of the public health, safety, and welfare of the citizens of the City; and
WHEREAS, Section 1.04 of the Charter of the City of Dunwoody, Georgia (“City Charter”), empowers the Mayor and City Council to establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; and
WHEREAS, the World Health Organization has declared the novel coronavirus known as COVID-19 as a global pandemic (“COVID-19 Pandemic”); and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the outbreak of COVID-19; and
WHEREAS, on March 14, 2020, Governor Brian Kemp declared that a public health emergency exists in the State of Georgia due to the spread of COVID-19 within Georgia; and
WHEREAS, the novel coronavirus disease 2019 global pandemic is a public emergency affecting and threatening the safety, health and well-being of the citizens of the City; and
WHEREAS, to prevent or minimize injury to people resulting from this event, certain actions are required; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Dunwoody, Georgia (“City Council”), that:
SECTION 1. The City Council hereby declares that a state of emergency exists within the City affecting the safety, health and well-being of citizens due to the novel coronavirus disease 2019 global pandemic (“COVID-19 Pandemic”).
SECTION 2. The following provisions shall govern the operation of the City during the COVID-19 Pandemic:
2.1 Essential Services Continued. The operation of essential services including, but not limited to, those related to public safety and health, as determined now or hereafter by the City Council, shall continue during the COVID-19 Pandemic.
2.2 Public Hearings/Meetings of City-Affiliated Entities. All public hearings and meetings of City-affiliated boards, committees, commissions and zoning and administrative entities of the City, such as the Planning Commission, Board of Zoning Appeals, are hereby suspended until this Ordinance, or any re-enaction hereof, is repealed or expires. At the termination of this Ordinance, the scheduling of hearings shall resume in the ordinary course of business, barring further extension of this Ordinance.
2.3 Matters Requiring Public Hearing. All matters requiring a public hearing, including but not limited to zonings, special use permits, variances, and regulatory permits (i.e., alcohol) are hereby stayed while this Ordinance is in effect. At the termination of this Ordinance, the scheduling of hearings shall resume in the ordinary course of business, barring further extension of this Ordinance. City staff are directed to work with applicants and those otherwise affected by this stay to ensure that financial impact and/or disruptions to business function is kept to a minimum.
2.4 Existing Regulatory Permits. If there are in effect existing regulatory permits that require a public hearing prior to renewal or extension, and that will lapse in the absence of such renewal or extension, then such permits shall be extended and remain in full force and effect until such time as public hearings are resumed.
2.5 City Council Operations. City Council shall continue to operate and assemble at public meetings, subject to the following;
(a) Pursuant to the provisions of O.C.G.A. § 50-14-1(g), City Council may conduct public meetings via teleconference while this Ordinance is in effect, without the requirement of having a quorum present in person, so long as notice is provided and simultaneous access is afforded to the public
to the teleconference meeting.
(b) All policy-making functions of City Council (i.e., strategic plans, ordinances, land use planning functions, visioning, development of City-wide objectives and goals, and like activities) shall be suspended while this Ordinance is in effect, except for policy-making and ordinance functions directly related to addressing COVID-19 and related public health and safety issues;
(c) All zonings, plats, variances, and other land-use decision-making shall be suspended while this Ordinance is in effect;
(d) All non-essential business (i.e., proclamations, presentations, etc.) shall be suspended while this Ordinance is in effect;
(e) Contract, budgeting, and fiscal operations shall continue in the ordinary course of business.
2.6 Re-Enaction or Repeal of Ordinance. On or before the thirtieth (30th) day after the date this Ordinance, or any re-enaction hereof, is adopted, the City Council shall convene on the call of the Mayor or two (2) councilmembers to re-enact or repeal this Ordinance.
SECTION 3. The City strongly urges all citizens to review and comply with:
3.1 CDC Guidelines for Coronavirus, as they may evolve during the course of the COVID-19 Pandemic, found at
https://www.cdc.gov/coronavirus/2019-nCoV/index.html; and
3.2 The President’s Coronavirus Guidelines for America, as they may evolve during the course of the COVID-19 Pandemic, found at
https://www.whitehouse.gov/wpcontent/uploads/2020/03/03.16.20_coronavirus-guidance_8.5x11_315PM.pdf; and
3.3 State of Georgia Guidelines for Coronavirus through the Georgia Department of Public Health, as they may evolve during the course of the COVID-19 Pandemic, found at
https://dph.georgia.gov/novelcoronavirus.
SECTION 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 5. If any section, subsection, provisions, or clause of any part of this Ordinance shall be declared invalid or unconstitutional, or, if the provisions of any part of this Ordinance as applied to a particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared as the intent of the City Council that this Ordinance would have been adopted in its current form without the invalid or unconstitutional provision contained herein.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
SECTION 7. This Ordinance shall automatically stand repealed thirty (30) days after the date upon which it is adopted, unless re-enacted as provided herein.
SECTION 8. This Ordinance may be re-enacted for one (1) or more additional periods of thirty (30) days (or repealed) upon a meeting of the City Council called by the Mayor and one (1) councilmember, or three (3) councilmembers of the City Council.
