As April comes to a close and a beautiful Cape Charles May begins, it can be increasingly difficult for many of us to stay the course and adhere to all the restrictions and safety precautions COVID-19 has forced upon us. So the Town of Cape Charles wants to recognize all those sacrifices and to take a moment to remind everyone that we’re not out of the woods just yet.
The longer this situation drags on, the greater the pressure will be for people to get out and about and for businesses to start pressing the envelope to open. But the Governor’s executive orders are still in effect; the Town derives its authority from, and strictly follows all mandates of these executive orders.
Under these EO’s, business activity and travel remain restricted. The stay-at-home order (EO55) is still in effect until June 10. The business restrictions (EO53) have been extended to May 8; and we are awaiting additional guidance from the Commonwealth for what happens next.
For now, EO53 closures remain in effect and all businesses must continue to practice social distancing and enhanced sanitizing practices; non-essential retail businesses must limit in-person shopping to no more than 10 patrons while ensuring social distancing; and professional services should continue to utilize telework.
Short-term rentals may not operate within Cape Charles until the stay-at-home order is lifted, and most public facilities will remain closed. The beach is closed to all but exercise and fishing (exercise generally means walking or running – chairs, coolers, and umbrellas are not consistent with such activities).
We know it’s been tough, and so we want to thank everyone, residents and businesses alike, who have sacrificed much to do their part to help keep our community safe. Hang in there for just a while longer.
We’ll get through this!
John Hozey
Town Manager
VA Patriot says
Will the town start laying off workers since we will not have the tourist revenue to tax or will the Town Council continue to support a staff that was built for a healthy tourist season? What will our Town Budget need to be if we are not going to double in size over the summer? Who is going to get stuck with the shortfall? Would love to hear from those running for office so we know how to vote in the upcoming election.
Paul Plante says
What is it that you have been smoking, John Hozey, making such the stupid and ridiculous statement,
“(B)ut the Governor’s executive orders are still in effect; the Town derives its authority from, and strictly follows all mandates of these executive orders.”
Can you spell that out further so people don’t think you are just plain nuts?
Do us a favor and start with the Constitution of Virginia, and derive for us an explanation based on law that would demonstrate that you are not full of ****.
Show us how Ralph “Blackface” Northam has the constitutional authority to issue those mandates, and then show us how the authority of the town derives from what are unconstitutional and unlawful orders of “Ol’ Blackface,” as opposed from the Constitution and laws of the Commonwealth.
And while you are at it, show us where any authority you might have as a “town manager” in the Commonwealth derives from in the laws and Constitution of the Commonwealth.
And since it is a slow news day, I’ll step right up to the plate here and give you a helping hand by referring you to the Charter of the Town of Cape Charles, County of Northampton, wherein is stated in § 1.1. Incorporation, that “(T)he inhabitants of the territory comprised within the present limits of the town of Cape Charles, as such limits are now or may hereafter be altered and established by law, shall constitute and continue a body politic and corporate, to be known and designated as the town of Cape Charles …”
Notice that the Town is not you; and that the inhabitants of the Town are the Town, and they are not your subjects; to the contrary, you are their servant and answer to them, not they to you.
Moving right along, we next come to § 2.1. General grant of powers, wherein is stated “(T)he town of Cape Charles shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia …”
Do you see, John Hozey, those words “shall have and may exercise all powers which are now or hereafter may be conferred upon or delegated to towns under the Constitution and laws of the Commonwealth of Virginia?”
Isn’t that where the town derives its authority from?
If not, please explain what has changed, because the Charter of Cape Charles wasn’t suspended by “Ol’ Blackface,” or was it?
And that brings us to § 3.1(a) which states “(T)he town of Cape Charles shall be governed by a town council composed of six councilmen and a mayor, all of whom shall be qualified voters of the town to be elected from the town at large.”
No mention of you in there so far, John Hozey, but we are a patient people, so let’s go to § 3.5. Powers and duties of mayor, where we have:
The mayor shall be the chief executive officer of the town.
He shall have and exercise all power and authority conferred by general law not inconsistent with this Charter.
He shall preside over the meetings of the town council and shall have the same right to speak therein as members of the council, but shall not vote except in the case of a tie vote.
He shall have the power of veto over the ordinances and resolutions of the council, but such ordinances and resolutions may be passed over such veto by a two-thirds vote of the members of the town council present and voting.
He shall be recognized as the head of the town government for all ceremonial purposes.
He shall perform such other duties consistent with his office as may be imposed by the town council.
He shall see that the duties of the various town officers are faithfully performed.
He, or the person acting as mayor, may deputize such assistant policemen as may be necessary; shall authenticate by his signature, such documents or instruments as the council, this Charter or the laws of the Commonwealth shall require.
end quotes
So how come we are hearing from you, and not him?
Did he authorize you to make these statements about where the authority of the town derives from?
Or did “Ol’ Blackface” himself supersede the Cape Charles Charter and make you the boss, instead?
Moving along, we come § 4.1. Appointment, to wit:
The town council may appoint such officers of the town as they deem necessary.
Such officers may include, but shall not be limited to, a town manager, a town clerk, a town attorney, a town treasurer, a chief of police and special police officers.
Officers appointed by the town council shall perform such duties as may be specified in this Charter, by the laws of the Commonwealth, or by the town council.
end quotes
So there is where you come into the picture, and if you read those words carefully, they say that you as own manager “shall perform such duties as may be specified in this Charter, by the laws of the Commonwealth, or by the town council.”
So there is where any authority you might have derives from – not from an unconstitutional executive order of Ralph “Blackface” Northam, which brings us to § 4.5. Qualifications and duties of the town manager, to wit:
The town manager shall be the executive officer of the town, and shall be responsible to the town council for the proper administration of the town government.
It shall be the duty of the town manager to:
(a) Attend all meeting of the town council, with the right to speak but not to vote.
(b) Keep the town council advised of the financial condition and the future needs of the town and of all matters pertaining to its proper administration, and make such recommendations as may seem to him desirable.
(c) Prepare and submit the annual budget of the town council and be responsible for its administration after its adoption.
(d) Prepare in suitable form for publication and submit to the town council at the next regular meeting following the end of each fiscal year, a concise, comprehensive report of the financial transactions and administrative activities of the town government during the immediately preceding fiscal year.
(e) Present adequate financial and activity reports as required by the town council.
(f) Arrange for an annual audit by a certified public accountant, the selection of whom shall be approved by the town council.
(g) Perform such other duties as may be prescribed by this Charter, or required of him in accordance therewith by the town council, or which may be required by the chief executive officer of a town by the general laws of the Commonwealth.
end quotes
Doesn’t it really sound like you work for the Town of Cape Charles, which is the inhabitants of the Town according to the Charter which defines your “authority?”
So why are you then handing out marching orders to the people of the town as if you were the dictator of Cape Charles, as opposed to town manager?
The curious, candid world will be waiting with bated breath for that answer, I can assure you, so please, do not keep us waiting.
William Greenhawk says
Why are mask not mandatory just social distancing. It really infuriates me ( healthcare workers ) when people do a half Way job of protecting themselves and others. It’s almost like saying everybody in the pool can only Pee in the corner of the pool. So why not go all the way and get out of the pool and put on your mask 😷 Does common sense need to be mandatory? It looks like it does.