Yes, that's what was said last time they tried to remove the flag. I suppose this anti-Confederate flag bandwagon/mob has emboldened them to try again. Laws don't matter to mobs.

"Danville City Council voted to pass a resolution – telling the board of directors at the Danville Museum of Fine Arts and History the city doesn't have the legal authority to remove the flag."
http://www.wdbj7.com/news/local/southern-virginia/danville-city-council-says-it-cant-legally-remove-confederate-flag-from-danville-museum/29591586