HomeMy Public PortalAbout2020_tcmin0318SpecialD
D
D
SPECIAL COUNCIL MEETING March 18, 2020
Town Hall, Council Chamber, 25 West Market Street, 10:08 a.m. Mayor Burk
presiding.
Council Members Present: Ron Campbell, Suzanne Fox, Vice Mayor Marty Martinez,
Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: Tho'mas Dunn and Joshua Thiel.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel,
Deputy Town Attorney Christine Newton, Director oflnformation Technology Jakub
Jedrzejczak, Deputy Director of Information Technology John Callahan, Emergency
Management Coordinator Joe Dame and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2.'
3.
ROLL CALL
a. Statement of Authorization for Meeting without Quorum Physically
Present and Roll Call
Mayor Burk called to order the March 18, 2020, Special Meeting of the
Leesburg Town Council and stated that the meeting was being held without a
quorum of the Council physically present as authorized by, and in accordance
with, State Code§ 2.2-3708.2(A)(3), for the purpose of addressing the
Corona virus emergency as declared by the Governor of Virginia.
Mayor Burk proceeded with Roll Call stating that Council Members
Steinberg and Fox were physically present, while Council Member Campbell and
Vice Mayor Martinez are present electronically. She added that Council
Members Dunn and Thiel were unable to join the meeting.
RESOLUTION
a. Declaration of Local Emergency
Mayor Burk asked for a motion to approve the Declaration of Local
Emergency.
MOTION 2020-080
On a motion by Coundl Member Steinberg, seconded by Coundl Member Fox, the
following was proposed:
RESOLUTION 2020-045
Consenting to the ''Declaration of Local Emergency" to be issued by the Director of
Emergency Management in Response to the COVID-19 Emergency
Council Member Fox and Mayor Burk asked what the implications were
since Council was ceding some of its authority to the Town Manager. Ms.
Newton explained that the Town Manager would be required to bring some
actions back to Council for ratification at a later date, but that it is difficult to
1 I Page
D
D
D
SPECIAL COUNCIL MEETING March 18, 2020
establish exactly what the parameters of this emergency might entail and what
those items would be especially as the situation continues to evolve. Ms. Newton
confirmed that his actions would need to be reasonably related to the emergency
and that any extraordinary measures would be terminated once the emergency no
longer exists.
Council Member Campbell asked if there were specific actions already
taking place. Mr. Dentler responded that the only action he intends to take at
this point is to allow free parking at the Town garage, the Church Street lot, and ·
on the street mostly for financial relief and some symbolism to help the local
businesses. Mr. Dentler also added that this declaration will allow the Town to
be eligible to receive Federal and State funds for reimbursement of incurred
emergency expenses and may help provide compensation for employees.
Vice Mayor Martinez indicated that the Town Manager was hired by
Council and therefore it should trust his decisions during this emergency
situation.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-2 (Dunn and Thiel absent)
21. Adjournment
On a motion by Coundl Member Steinberg, seconded by Coundl Member Fox, the meeting
was adjourned at 10: 17 a.m.
ATTEST:
2020_tcmin0318Special
2 I Page
1
March 18, 2020 – Special Town Council Work Session
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of the
meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I am going to call to order this March 18th, 2020 Special Meeting of the Leesburg
Town Council. This meeting is being held without a quorum on the Council physically present as
authorized in accordance with the State Code § 2.2-3708.2(A)(3) for the purpose of addressing the
coronavirus emergency as declared by the Governor of Virginia. The first item on the agenda tonight is
the roll call. I need to make sure that the gentlemen that are on the phone realize that this does not
count towards your two call-ins. Let the record show that Mr. Steinberg, Ms. Fox and Ms. Burk are
physically present. Mr. Campbell and Mr. Martinez are present electronically. Mr. Thiel indicated he will
not be able to join us. Did we hear from Mr. Dunn?
Eileen Boeing: Mr. Dunn will not be able to join us.
Mayor Burk: Mr. Dunn will not be able to join us.
Eileen Boeing: We just started up. We were having audio issues.
Mayor Burk: All right.
Eileen Boeing: Thank you.
Mayor Burk: The resolution. There is a declaration consenting to the declaration of local emergency to
be issued by the Director of Emergency Management in response to the COVID-19 emergency. Do I
have a motion?
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Mr. Steinberg. Second?
Council Member Suzanne Fox: Second.
Mayor Burk: Seconded by Ms. Fox. Any discussion at this point?
Council Member Fox: I have a couple questions.
Mayor Burk: Yes ma’am.
Council Member Fox: Just real quick. As I asked our Town Manager what the implications were, he
says it does give the Town Manager authority if needed to act without getting Council permission first
which is fine, but this is Council ceding some of its authority. Do we know what the parameters are? Is
it everything?
Mayor Burk: Do you know is it everything? Do you now take over the decision-making?
Christine Newton: It would still be subject to being brought before the Council for ratification at a later
date. It’s difficult to say exactly what the parameters of the emergency might require.
Mayor Burk: It does require that whatever decision he makes has to at a later date be ratified?
Christine Newton: That would depend on the nature of the decision in the first place. The Town
Manager has quite a bit of authority to start with. If let’s say for example this gives him some extra
latitude on procurement. I don’t think he would need to bring that back to you because he didn’t follow
a procurement formality because he is now not obligated to. I don’t think that would require later
2
ratification. If there was something extraordinary, I’m sure he would be bringing it back to you for
ratification. The exact parameters of what would and wouldn’t require, we would have to look into that.
Every locality is struggling right now with what are the parameters of what the town managers or county
managers will be able to do in terms of things like public meetings. It’s a fluid situation. We’re working
it out. It depends on what the Governor orders.
Council Member Fox: In terms of procurement, what you brought up, say, for some reason we have
some issues and we need more police and we need to procure that. Is that just for the length of the
emergency or is that in perpetuity if we procure it more?
Christine Newton: It would need it to be reasonably related to the emergency. If it’s something where
we can’t foresee exactly how long, the Town Manager would address the emergency for the foreseeable
future and he would need to then terminate that extraordinary measure when the emergency no longer
exists.
Council Member Fox: Basically, anything that happens is directly related to emergency and that’s what
this is all about?
Christine Newton: That’s correct.
Mayor Burk: Okay. Thank you. Any additional questions? All right. Mr. Campbell?
Council Member Ron Campbell: The Town Manager has already asked what I thought I would ask
about. Well, what specific actions are being contemplated under this emergency declaration?
Kaj Dentler: I can't hear him.
Mayor Burk: What specifically are you imagining you would be calling for under this emergency
directive?
Kaj Dentler: At this time, I don’t know. The only action that I intend to take is regarding just making
parking free in the Town garage, Church lot, and on the street. That’s really just a little bit of financial
relief and some symbolism to help the local businesses.
Vice Mayor Marty Martinez: [inaudible 00:13:02]
Mayor Burk: I'm sorry, Mr. Martinez, would you repeat that?
Kaj Dentler: It might be an echo from the-
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I'm here. I didn't say anything. The problem I'm having right now [inaudible
00:13:21] I'm watching the screen so I can listen to Kaj because [inaudible 00:13:38]
Mayor Burk: Right. I know we're struggling with that and we're trying to repeat it, but did you understand
the question that Mr. Campbell had?
Vice Mayor Martinez: Yes, I did.
Mayor Burk: Okay. All right. Mr. Dentler has said that he doesn't know what exactly would be the
procedures that he will follow at this point but the one thing he's looking at is the garage. Putting up the
gate and putting bags on the meters so that people won't have to pay for parking when they come
Downtown.
Kaj Dentler: As well as they won't have to touch any of the equipment.
Vice Mayor Martinez: And I got that.
3
Mayor Burk: Okay, and they won't have to touch any of the equipment.
Kaj Dentler: There's no other immediate actions planned or even completely anticipated. This event
that we're dealing with is evolving almost hourly. Most of our procurement regulations will allow us to
do most of what we want, but we can't fully anticipate where this event is going to take us. The biggest
thing I think that this does for us more than anything, it makes us eligible to receive Federal and State
funds that probably will be made available to reimburse us for any expenses that we may incur. It may
also make us eligible to receive funding that may help provide compensation for employees based on
whatever the Feds and the State governments do. Positions us for that type of reimbursement and to
receive funds in the future to which we don't know exactly what will occur.
Mayor Burk: Did you get that? Mr. Campbell?
Council Member Campbell: Yes.
Mayor Burk: Okay. Any additional questions? All right. I have a motion on the table by Council Member
Steinberg seconded by Council Member Fox. All in favor indicate by saying aye.
Council Member Fox: Aye.
Council Member Steinberg: Aye.
Council Member Campbell: Aye.
Vice Mayor Martinez: Aye
Kaj Dentler: Mr. Martinez?
Mayor Burk: Me, aye.
Kaj Dentler: Marty?
Mayor Burk: Marty said aye. Okay, one, two, three, four-
Council Member Steinberg: Five.
Mayor Burk: Five. Okay, that's 5-0-2.
Vice Mayor Martinez: [inaudible 00:16:01]
Mayor Burk: Motion- You want to make a comment? Okay.
Vice Mayor Martinez: Yes, I was trying to get in there, but I- [crosstalk]
Mayor Burk: That's okay. That’s all right.
Vice Mayor Martinez: It’s really not, it's just a comment that I think work with my anticipation of what
we've been doing is allowing the Town Manager quickly, without having to-- We as Council members,
even though we want to get involved and do all that stuff, we have several different opinions on how
things should go. All that does is muddy the waters. I just want the Town Manager to act in our behalf.
We hired him as a Town Manager. We have to trust his decisions. We can do a lot of trying to second
guess him, but I prefer that we not get muddied into things, but that when there are decisions to be
made that will affect the Town, that he will come to us with us helping him out and helping him fulfill
what he needs to do as Town Manager in this emergency situation.
Mayor Burk: All right. Thank you. We have a motion to adjourn. Is there a second?
Council Member Fox: Second.
4
Mayor Burk: Motion by Council Member Steinberg, seconded by Council Member Fox. All in favor
indicate by saying aye.
Council Member Fox: Aye.
Council Member Steinberg: Aye.
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Campbell? We got to know.
Council Member Campbell: I really couldn't hear if there was another motion or you're motioning to
adjourn. This is poor communication. I really can't hear.
Mayor Burk: It's a motion to adjourn. Are you an aye or a nay?
Eileen Boeing: There’s a motion to adjourn.
Council Member Campbell: Oh, okay. Aye.
Mayor Burk: Okay, that's a 5-0-2. Thank you all.