During a declared state of emergency by the Village of Sugar Mountain, the duly elected Mayor, or in the vacancy or absence of the Mayor, the Mayor Pro Tem, may determine that it is necessary for a meeting to be held telephonically or by video conference. For purposes of a quorum, a member attending telephonically or remotely shall be counted as present so long as they retain the ability to address the other members of the Council and hear the other members of the Council through that technology.
(A) (1) Members not physically present. In the event a determination is made that all parties, including Council members, attend remotely, the Village Manager or his or her designee shall arrange suitable conference call technology to allow all members of the Village Council to hear and communicate with each other such that debate and motions are properly made and considered by the Council. The Village Manger or her designee shall also make available technology such that members of the public may listen to the proceedings of the Village Council. In the event of a telephonic meeting, the provisions set forth in G.S. § 160A-75 providing for a default "affirmative vote" of a non-voting Council member shall not apply.
(2) Meeting without the physical presence of the public. In the event a determination is made that some or all of the members of the Village Council may be physically present for a meeting, but due to public health, safety, or contagion concerns members of the public should not be physically present for a meeting, the Village Manager or her designee shall also make available technology such that members of the public may listen to the proceedings of the Village Council. In the event a Council Member is attending telephonically, the provisions set forth in G.S. § 160A-75 providing for a default "affirmative vote" shall not apply. In the event of a failure of the technology such that the general public is not able to listen to the proceedings of the Council, the Council shall immediately recess the meeting and only reconvene after taking reasonable actions to restore the opportunity of the general public to hear the proceedings or allowing physical access to the meeting by the public.
(B) Notice of telephonic meetings or meetings without the physical presence of the public. In the event a meeting is to be held telephonically or without the physical presence of the public, the notice of meeting shall include the method by which the meeting is to be held, whether the public is allowed to be physically present at Village Hall or the location of the meeting if held elsewhere, the method by which the public may access the meeting, and the fact that the meeting is being held in this manner due to the declaration of the state of emergency pursuant to G.S. Ch. 166A. This notice shall be posted in a conspicuous place at the location of village government, distributed to local media outlets, and emailed (if possible) to all subscribers to the village's "sunshine list."
(C) Public comment and public hearings. During a state of emergency which affects the public attendance of a meeting, the Village of Sugar Mountain will make efforts to enable comment by the public in accordance with G.S. § 160A-81.1 or upon public hearings pending before the Council. The Village Manager or his or her designee shall include, on the notice of meeting, the method by which citizens shall be able to participate in public comment or a public hearing before the Council. In the event it is not possible for the Council to take public comment in accordance with G.S. § 160A-81.1, the Village Manger shall advise the Council of the steps which have been taken to attempt to arrange for public comment and why public comment is not available. In the event it is not possible for the Council to take public comment at a public hearing, that hearing shall be continued in accordance with GS § 160A-81.
(D) This section shall only apply to meetings called or held during a declared state of emergency pursuant to G.S. Ch. 166A.
(Res. 2020.4, passed 3-24-2020)