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HomeMy Public PortalAbout2020_tcmin0428COUNCIL MEETING April 28, 2020 1 1 1 Council Chambers, 25 West Market Street, 7:02 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell (arrived at 7:11 p.m.), Thomas Dunn, Suzanne Fox, Vice Mayor Marty Martinez, Neil Steinberg, Joshua Thiel, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Interim Town Attorney Martin Crim, Information Technology Director Jakub Jedrzejczak, Public Information Officer Betsy Arnett (via WebEx), Emergency Management Coordinator Joe Dame (via WebEx), Information Technology Deputy Director John Callahan and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Dunn. 3. SALUTE TO THE FLAG was led by Council Member Dunn. 4. ROLL CALL a. Electronic Participation Vice Mayor Martinez and Council Member Campbell requested to electronically participate in the April 28, 2020, Council Meeting due to the health and safety concerns associated with the Coronavirus. MOTION2020-112 On a motion by Council Member Steinberg, seconded by Council Member Dunn, the following was proposed: To allow Vice Mayor Martinez and Council Member Campbell to electronically participate in the April 28, 2020, Council Meeting. The motion was approved by the following vote: Aye: Dunn, Fox, Steinberg, Thiel and Mayor Burk Nay: None Vote: 5-0-2 (Vice Mayor Martinez, Campbell absent) 5. MINUTES a. Regular Session Minutes of April 14. 2020 MOTION2020-113 On a motion by Council Member Thiel, seconded by Council Member Steinberg, the minutes of the Regular Session Minutes of April 14, 2020, were approved by a vote of 6- 0-1(Campbell absent). 1 I Page COUNCIL MEETING April 28, 2020 1 1 1 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Campbell absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PROCLAMATIONS a. Proclamation: World Ovarian Cancer Day b. Proclamation: National Better Hearing Month Mayor Burk read each proclamation and noted they would be mailed to the recipients. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioners section was opened at 7:09 p.m. There were no Petitioners wishing to address Council. The Petitioners section was closed at 7:12 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2020-114 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following consent agenda was proposed: a. Appointment to the Planning Commission RESOLUTION 2020-059 Appointing Mary Harper to the Planning Commission 2 I Page COUNCIL MEETING April 28, 2020 1 1 b. Appointment to the Airport Commission RESOLUTION2020-060 Appointing Tom Toth to the Airport Commission The Consent Agenda was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Continuity of Government Ordinance — Proposed Amendments MOTION2020-115 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed:: ORDINANCE 2020-0-008 Amendments to Ensuring the Continuity of Government Council Member Campbell stated that he appreciated the work of Mr. Crim and believed that Section D-3 is now in accordance with Section D-2 and was satisfied with Council's involvement with this important decision making. Council Member Dunn confirmed the proposed amendments were in the agenda packet and not the blue folders. Mr. Crim confirmed that the proposed amendments were in Tab 03 of the agenda packet. Vice Mayor Martinez asked Mr. Crim to repeat the proposed amendments. Mr. Crim stated the amendments include adding in section D-3, sub -section D, a new paragraph 4, which says, "Notwithstanding any procedural rule to the contrary, by simple majority vote, the Council may amend the agenda of any regular meeting to consider additional agenda items, provided that the agenda items so added are related to the emergency." Mr. Crim said the addition is under the section dealing with fully electronic meetings. Mr. Crim asked Mayor Burk for a roll call vote on the proposed amendments to the Ordinance. The motion was approved by the following roll call vote: Dunn — aye, Steinberg — aye, Campbell — aye, Vice Mayor Martinez — aye, Thiel — aye, Fox — aye, Mayor Burk — aye (Vote: 7-0) 3 I Page COUNCIL MEETING April 28, 2020 1 1 1 b. Extension of Declaration of Local Emergency MOTION2020-116 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOLUTION Consenting to Extension of the Declaration of Local Emergency in Response to the COVID-19 Emergency Council Member Fox asked if staff felt the need to extend was because the Town is still under the Governor's orders. Ms. Fox noted she did not believe there was a time limit in the last declaration. Mr. Dentler confirmed the intent is to match the Governor's order of June loth. Mr. Dentler said the primary reason for doing so is to make the Town eligible for any available Federal stimulus money. Mr. Dentler said this was to ensure that if it is a requirement that the Town has an order and that it was extended appropriately. He added that he did not want the Town to be ineligible for Federal funds based on not being aligned. Ms. Fox asked if any stimulus money had been offered to the Town. Mr. Dentler said that no money had been offered to date but that it is being discussed in Congress to provide state and local governments with funding to offset revenue losses but no funding has been approved. Mayor Burk added that the details still need to be worked out. Council Member Thiel asked Mr. Dentler if it was a requirement of the Town to follow the Governor's Ordinance or the Commonwealth's Ordinance to receive the Federal funding if available. Mr. Dentler said that it is not a requirement but could become a requirement. He said that when a local emergency order is in place that it puts the Town in the position to receive Federal and State funds. The Town does not know at this point if this will be a requirement or not. He added that the Town is matching the Governor's June 10 order. Mr. Dentler added that although not anticipated, it also provides him with the authority to take action if needed. Mr. Thiel asked if the Governor's order ends sooner than June 10 if the Town could end this declaration. Mr. Dentler confirmed that was correct and Mr. Crim added that a separate action would be required of Council to do so. Council Member Campbell asked for clarification on the expiration date because he did not see one in the resolution. Mr. Crim explained that the draft resolution does not have an expiration date. He said it states that the action will come back to Council to terminate when the Council directs the declaration to be terminated in accordance with Virginia Code. Mr. Crim added that the Code section referenced basically determines that the Town does not have a need for the emergency measures to remain in place at that time. Mr. Campbell asked if the emergency order expires when the Governor's Executive Order 55 expires. Mr. Crim said terminating will require further action by Council. He read the exact language of the statute stating, "The governing body, when in its judgement, all emergency actions have been taken shall take appropriate action to 4 I Page COUNCIL MEETING April 28, 2020 1 1 1 end the declared emergency." Mr. Crim said that staff expects to come back to Council after the Governor's June loth date passes but if the Governor were to extend that date and staff felt the need for continuation, then staff would inform the Council and Council could take what action it felt was necessary. Mr. Campbell asked about the Executive Orders of the Governor. Mr. Crim explained some of the key points of the orders and the legislation the Town has enacted in response to those orders. Vice Mayor Martinez confirmed with Mr. Crim that the Town must follow the orders given in the Governor's Order 55 even though there may be some businesses that are struggling right now. Mr. Crim confirmed that was correct and noted that it is a Class 1 misdemeanor to gather in groups larger than 10 people except as expressly authorized by Executive Order 55 nor does the Town have the authority to counterman the order. Vice Mayor Martinez said he wanted to be clear as to what the Council can and cannot do and how the Town is tied to the Governor's requirements. Council Member Fox brought up the draft letter Council Member Dunn wanted to send to the Governor on these very points. Council Member Dunn asked for confirmation that what they were dealing with is a continuation of the emergency order to coincide with the declaration of emergency that the Governor made. Mr. Dunn said other orders may have been made after the initial declaration was made that are not necessarily considered emergency declarations but are more additional orders by the Governor made under the overall declaration of emergency. Mr. Crim confirmed that was correct and said that there was an Emergency Order Number 51 dated 12 March and that order had an expiration date of June 10. He said that order was basically directing state and local governments to render appropriate assistance. Mr. Crim added that it didn't have the kinds of restrictions on people's movement that came later first through the order of the public health emergency and then through emergency orders-- Executive Orders Number 53 and 55. Mr. Crim said Executive Order Number 53 was later amended and they all now have a June 10 expiration date. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARING a. None. 15. UNFINISHED BUSINESS a. None. 5 1 Page COUNCIL MEETING April 28, 2020 1 1 1 16. NEW BUSINESS a. Letter to Governor Northam. Council Member Dunn requested an item be added to New Business. Mr. Dunn shared a draft of a letter via email to Council before the meeting and requested the letter be sent to Governor Northam and signed by individual Council Members asking for guidance and assistance related to the COVID-19 emergency. At the request of Mayor Burk, Mr. Crim discussed the amendments to the Continuity of Government ordinance and whether items could be added without a suspension of the rules. Mr. Crim advised that the wording on the newly adopted amended ordinance allowed for additions to meetings that were 100% electronic and the topic was related to the emergency. Mr. Crim said there could be a vote on adding the item but the issue was whether adding it required a unanimous decision of Council or a simple majority. Council Member Dunn did not believe that a unanimous vote to add the item was accurate. Vice Mayor Martinez said that there was no discussion to change Council's rules during regular business meetings when the Continuity of Government Ordinance was discussed. Mayor Burk ruled to add the item to the current agenda required a 100% unanimous vote of Council. Council Member Dunn appealed the decision of the Chair. Mayor Burk stated the basis for her position was on the advice from counsel and that she had not had an opportunity to read the proposed letter as it was provided by Mr. Dunn just prior to the start of the meeting via email. Mayor Burk felt it was unfair to make Council Members vote on something they have not had a chance to read. Mayor Burk added that she did not see a reason that the letter could not be added to the next meeting agenda. Council Member Dunn did not think that a unanimous vote was required and that the rules guiding regular Council meetings did not apply right now because the Town is in an emergency situation. Mr. Dunn said that is why these current rules were developed that address all regular, emergency and special meetings. Council Member Dunn noted that Council canceled its Work Sessions which eliminated the opportunity to discuss these types of items. Mr. Dunn also noted that there have been many times in the past where information was presented to Council in their folders at the meetings with little to no review time. He said to delay sending the letter to the Governor would show that this really isn't important to Council. Mr. Dunn noted that he tried to get the letter to Council as quickly as possible before the start of the meeting. The decision of the Chair was overturned by the following vote: Aye: Campbell, Dunn, Fox, Thiel Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 3-4 6Page COUNCIL MEETING April 28, 2020 1 1 1 Council Member Dunn explained the intent of the letter to the Governor. He reviewed each section of the letter that addressed the need for more detailed data; assessment of the financial impacts; periodic review of the stay-at-home order; impact to jobs, businesses, and employment; and how to manage the local election process. Mr. Dunn said he welcomed feedback from the other Council Members. Council Member Thiel discussed the importance of bringing up these topics with the Governor. Mr. Thiel expressed concerns about setting a date too far into the future for readdressing situations. Mr. Thiel added that he believes it is important for those people looking to run for elected office and have to file in June to have some guidance regarding the elections so that local people in the area know what to do. Those are some of the questions he would like answers to from the Governor. Vice Mayor Martinez said he could not support the letter. He stated that he would need additional time to review it that would not be achievable during the current meeting nor did he really understand the purpose of the letter and that the Town government is the lowest rung on the ladder in State politics. Mr. Martinez suggested that perhaps Council should be appealing to Loudoun County for more information and guidance. He preferred to wait two weeks. Mr. Martinez asked how money would be distributed to the Town and if it would come directly from the State or through Loudoun County. Mayor Burk said this is being discussed and nothing has been finalized. Council Member Campbell stated that while the current draft of the letter may need some editing that he supports the letter and that the letter was appropriate. Mr. Campbell did not agree that Leesburg, which is the largest Town in the Commonwealth, is on the lowest rung of the ladder. He did not believe the letter was a criticism of the administration but that he preferred not to have to sit back and wait for information from the County. Mr. Campbell said some fine tuning of the draft letter was needed but he was in overall support of sending a letter. Mr. Campbell was in favor of Council providing direction for a letter to be drafted, for Council to provide input and a document could be created and routed for final review before it is sent. Council Member Steinberg said he could not support the letter in its present form having only seen it 20-25 minutes before the start of the meeting. Mr. Steinberg said he appreciated the sentiment of the letter but that it demonstrates a colossal failure on the national level to guide the state governors in a more cohesive approach in dealing with the pandemic. He noted he felt the County and the State are very well-informed in terms of their medical and legal advice. Mr. Steinberg stated that he thinks the Governor himself being a physician, has a keen appreciation for the seriousness of the level of this pandemic. Mr. Steinberg also expressed concerns about lifting the stay-at-home order when it seems that they are on a much better path in terms of containing the virus and because there's a lack of tests and the ability to analyze testing in a reasonable timeframe. Mr. Steinberg said he could support a letter in the next week with feedback from various Council members, but that he could not support 7IPage COUNCIL MEETING April 28, 2020 1 1 1 any letter that that includes lifting the stay-at-home order. He also noted that the current draft of the letter has his name misspelled. Council Member Fox said she respects the fact that the draft letter came out shortly before the meeting and that some Members may need more time to review. Ms. Fox suggested to Council Member Dunn that if he did not want to wait two weeks to approve the letter, that he could always call a Special Meeting to allow time for input from the other Council Members before the letter is finalized and sent. Council Member Fox noted she felt the June 10 date set by the Governor was arbitrary and that was affecting not only lives at this point, but livelihoods and dignity. Ms. Fox said that Council needs to weigh those values as well. She added that Council shouldn't encourage anybody as a head of state to work on any single factor analysis and that is what she believes is going on. Ms. Fox said the letter would encourage the Governor to be a little bit more rational about what he expects regarding the upcoming elections and what society may look like coming out of this. She added that she thinks people need some more definitive information. Council Member Fox said she would definitely support sending the letter tonight but was open to other Council Members needing more time for input but thought waiting two weeks to send the letter was too long. Council Member Fox noted her name was also misspelled in the draft letter. Mayor Burk stated the June 10 date was not arbitrary but based on a scientific model that the State is using to determine the rise and fall of the number of cases. Mayor Burk said she did not have an issue with sending a letter to the Governor and noted that the Northern Virginia Regional Commission has sent two or three. She added that she has participated in multiple meetings with the Governor on the phone and the topic of not forgetting about the Towns for stimulus money has been discussed. Mayor Burk stated that in her cursory review of Mr. Dunn's draft letter that she cannot agree with some of the points made. She disagreed that small businesses can accommodate social distancing better than larger businesses simply because they have less space. Mayor Burk noted that asking for updates every seven to 15 days is redundant to the Governor's current efforts as he has a news conference every few days and is sharing the most current information. Mayor Burk agreed that businesses are hurting and it is painful to see but that public health is their primary job. She expressed her concern that Council would suggest ending the stay-at-home order within a few weeks of the election filing deadline so that signatures could be obtained. Mayor Burk noted that Council should be concentrating on public health and not the inconvenience of obtaining signatures for November elections that are due on June 1. Mayor Burk said that any candidate that wishes to run for office can ask the Courts for an extension of the filing date and said she wasn't sure if it is even in the Governor's ability to change it. Mayor Burk said the intent of the letter is not clear as it covers many topics. She suggested that if Council wants to approve sending a letter that is spends the next two weeks refining it before sending it. If Council does not want to wait two weeks, that Council needs to sit here tonight and make those suggestions before approving it. 8 I Page COUNCIL MEETING April 28, 2020 1 1 1 Council Member Dunn said that while the Mayor thought the letter insinuated that Council was putting the election before people's health, the beginning part of the draft letter states that health and safety are of the utmost importance. Mr. Dunn noted that there was more than one option suggested in the letter to remedy the situation and that there are more jurisdictions besides Leesburg that are impacted by this filing date. Mr. Dunn also noted that there are 16 other states that have a higher number of cases and deaths due to the Coronavirus with a shorter stay-at-home order. MOTION On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: For Council to send a letter to Governor Northam addressing the points of needing more detailed data, the financial impacts on the community, a periodic review of the stay-at-home order, the impact on jobs and businesses and employees and how we can manage the local election process and that letter to be passed at the current meeting but allow for changes that can be offered by Council members prior to April 29th to be sent to the Governor by April 30th. Council Member Fox asked how Council could approve sending the letter but work on refining the points before it is sent. She expressed a desire to expand on the points but they haven't been discussed or debated by Council. Council Member Thiel offered two amendments to the motion: 1) before the letter is sent a majority of Council approve it after the edits have been made, and 2) if a Council member wishes to remove their name from the letter, they are able to do so. Mr. Dunn accepted the amendments to the motion and the motion was amended as follows. MOTION2020-117 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed:: For Council to send a letter to Governor Northam addressing the points of needing more detailed data, the financial impacts on the community, a periodic review of the stay-at-home order, the impact on jobs and businesses and employees and how we can manage the local election process and that letter to be passed at the current meeting but allow for changes that can be offered by Council members prior to April 29th to be sent to the Governor by April 30th. Before the letter is sent, a majority of Council must approve it after the edits have been made, and if a Council member wishes to remove their name from the letter, they are able to do so. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Thiel Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 4-3 9 I Page COUNCIL MEETING April 28, 2020 1 1 1 Council Member Dunn requested Council spend 15 minutes at the current meeting to discuss the various points of the letter and offer suggested edits. MOTION On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: . To spend 15 minutes at the current meeting to discuss and make suggested edits to the letter to Governor Northam. Council Member Dunn said that in the past, staff gets the gist of the letter Council wants to send and they prepare and send it. Mr. Dunn said that if there are changes that Council would like to make to the letter that Council spend 10- 15 minutes discussing those changes so that everyone is comfortable with the letter. He said alternatively if Council was willing to make changes and send them in and that they all agree to send the letter then it can be sent. Mr. Dunn reiterated the main points which include how to deal with the local election; impacts on jobs and businesses; a periodic review of the end to the stay-at-home date; the financial impacts and detailed data. Mr. Dunn advocated going through the letter, paragraph by paragraph, to determine if there's anything Council disagrees with or wants to add so they can get it done. Council Member Steinberg said it was his understanding that an entirely new letter was to be drafted incorporating the main points in Mr. Dunn's original motion. Council Member Dunn said that was incorrect. Mayor Burk said she felt the same way as Mr. Steinberg but was going to let Mr. Dunn proceed. Vice Mayor Martinez stated that the whole discussion was inappropriate. He said it is contrary to how they have handled these types of issues in the past. Mr. Martinez said he agreed with Council Member Fox in that Council should take a step back and look at this. He said he had no problem signing a letter going to the Governor if all of Council had a chance to go through it and review it, but trying to do it ad hoc at the current meeting was inappropriate adding that they should not be doing this if Council was going to maintain any kind of semblance of its rules and order. Council Member Steinberg asked for a reading of the motion that was just passed but Mayor Burk ruled Mr. Steinberg's request out of order as it was not germane to the main motion being discussed. The motion failed by the following vote: Aye: Dunn Nay: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Vote: 1-6 10 1 Page COUNCIL MEETING April 28, 2020 1 1 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk noted that due to technical difficulties getting Council Member Campbell connected over the telephone at the beginning of the meeting, he was unable to deliver the invocation as scheduled. Mayor Burk asked Mr. Campbell if he would like to offer the invocation at the May 12 meeting. Council Member Campbell accepted. Council Member Campbell said his thoughts and concerns go out to not only those who have lost family, friends, and those who have been struck by this illness but also for those who have been overworked and overburdened with caring for those who've been sick, the first responders, and others in the community who continue their essential work and have not been able to be home with their families. Mr. Campbell asked for everyone to conduct themselves as citizens in the community and to be respectful of each other and have a sense of health and safety. He added that it is probably in the forefront for most everyone, as well as the ability for everyone to observe and recognize that there is a disproportionate effect in the community. He said it's at times like this and about how we conduct ourselves that make all the difference. Mr. Campbell said there is a need to start looking forward at the road to recovery and at the end of the day decide as a Town how to move forward with what's best for Leesburg. Mr. Campbell congratulated the new members of the Waterford Foundation. Mr. Campbell asked everyone to stay safe. Council Member Dunn noted that the agenda was very light and that if Council and staff were going to assemble, that it should start working on some of the items that have been pushed out to June. Mr. Dunn noted that one of the items moved out to June was the discussion of providing water to out -of -Town customers that are outside of the JLMA. Mr. Dunn said that he believed staff seems to have had an understanding that they had the full ability to go into an application review on that when the regulations clearly state that the Town Council is supposed to decide on that first and that they were hanging their hat on the fact that the applicant didn't apply to the right department. Mr. Dunn said that in this case, they applied to Zoning and Planning instead of applying to the Town Manager. He added that he was unsure why the applicant was not redirected to the proper location which would have been the Town Manager who would then ensure that it gets to Town Council. Council would then decide on whether water is to be provided. Mr. Dunn said that if that is unclear to staff then there needs to be a meeting that makes that clear and change the regulations if staff feels the regulations need to be changed. Council Member Dunn said he would like to see this discussion at the next meeting to avoid these types of confusing issues. He added that these situations are very rare, but obviously there was some confusion on this one. Mr. Dunn recommended a review at Council's next meeting of the items that were taken off of the Work Sessions and bring those back to the regular meetings on Tuesday nights. 111Page COUNCIL MEETING April 28, 2020 1 1 1 Council Member Steinberg said he is in absolute sympathy with all of the small businesses in Town and the difficulties they are having. He said he is the owner of one of those businesses. Mr. Steinberg said in the past couple of months, they have seen their revenues drop to practically zero. He added that they will be entertaining the idea as to whether or not they manage to survive the pandemic when they come out on the other end. He said he can fully understand and appreciate all the pain businesses throughout Town are undergoing at this point. Mr. Steinberg said that being said, he could not under any circumstances put his personal economic situation, or anyone else's, in front of the safety and the health of residents and the public at large. Mr. Steinberg said he hoped everybody in Town appreciates the difficulty that they have and how hard the Council and staff are working and doing the best they can to deal with the situation which no doubt will still hold a variety of surprises before it's all over. Council Member Thiel wished his dad a very happy quarantined birthday. Mr. Thiel said he is the best father and role model he could have ever asked for and without him he wouldn't be the man he is today. Mr. Thiel wished everyone well and said that he is praying for all of those affected by COVID-19. Council Member Fox offered her condolences for Mr. Harry Tyson who passed of COVID. Ms. Fox said he used to own Razzle Dairy Bar and Jerry's Florists. She said he was a kind man, always with a nice smile on his face and that he will be missed. Ms. Fox wanted to let Leesburg know that her main concern for the past six years has been the Leesburg citizens and Leesburg businesses. She said she appreciates the letter Mr. Dunn wants to send and thinks it is being done in a spirit of service. Ms. Fox said it would be prudent for Council to try and obtain some clarifying information when things seem murky and uncertain. Ms. Fox said she did want the Town employees to know that she appreciates staff every bit as much as an ad in the Loudoun Times Mirror says. Vice Mayor Martinez stated that he thinks Council needs to be more civil and that he believed Council Member Dunn's comments to the Town Attorney were inappropriate and not warranted. Mr. Martinez said Council looks to him for advice and just because the Mayor decided to ask him a question doesn't mean that he should have been responded to the way that he was. He added that staff is trying to do the best job possible to make Leesburg the best place to live. Mr. Martinez asked Mr. Dentler if the EDC and other appropriate commissions could be consulted to assist with the transition to start re -opening businesses. Vice Mayor Martinez said the Town needs to make sure plans are in place that include the commissions and local businesses in how they are going to transition. Mayor Martinez said he is doing what he can to support local businesses by buying only from local businesses. He thanked Mr. Peter Burnett for his contributions to the community and that he intends to contribute when his next social security check comes in. Mr. Martinez congratulated Ms. Mary Harper and Mr. Tom Toth for coming back to the Planning and Airport Commissions. Vice Mayor Martinez added that his son-in-law at VCU in Richmond is working on the floor that 12 I Page COUNCIL MEETING April 28, 2020 1 1 1 handles all the COVID patients. He added that what he has heard time and time again is that they should not stop the stay-at-home order early and have a recurrence of the virus. Mr. Martinez expressed that he has never been as scared of something like he is of the COVID-19 virus. He was hoping for some semblance of normalcy soon and wished everyone to be safe and healthy. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk stated that she has had several conversation with Mr. Chuck Kuhn regarding the Westpark property and the Airport. Mayor Burk said Mr. Kuhn just finished a hangar at the Airport. She thanked whoever has been placing painted rocks throughout Town with little sayings on them. Mayor Burk said earlier in the week she participated in an art video adding that the Commission on Public Art is doing videos on the public art throughout Town. She said she was fortunate to do the one for the Stanley Caulkins statue. She added that the videos will be available on the Town's Web site and Facebook page. Mayor Burk said she is spending about three hours a day making phone calls to the business community and said she has found them to be resilient and positive. She added that it is inspirational during this difficult time and commends them. Mayor Burk noted she was also supporting the local restaurants by ordering to -go and curbside pickup. She thanked them for all their hard work and their innovative new ways of trying to do business. Mayor Burk said the Northern Virginia Regional Commission had a conference call with Senators Warner and Kane where she expressed very strongly the need for the Towns to be remembered as stimulus money is coming from the Federal government. She noted that they need to make sure that it doesn't stop at the County and that it ends up going to the localities. Both Senators acknowledged that this is something that's very important and that it is on their radar screen. Mayor Burk added that they had a conference call with Governor Northam where they talked about the June 10 date and if there is a possibility it could be moved. She said that the Governor did agree that as things change, the date may change but that public safety was the most important thing that he was looking at when considering a change. Mayor Burk said she would be attending a conference call with the Mayor of Kiel, Germany. She said Kiel is ahead in coming out of the virus pandemic and that they are just beginning to reopen. Mayor Burk added that Germany has been recognized for doing a really good job in dealing with this virus. She added that they will be speaking with Secretary Navarro on Thursday. Mayor Burk reiterated that the responsibility of the Council is first and foremost health and safety and that until there is testing available it would be hard to know what is going on out there. She noted that the Town is going to need help from the State and Federal level to get the testing done. Mayor Burk thanked local businesses and recognized that they were struggling but noted that they are continuing to look at the situation to figure out what new things can be done to help. Mayor Burk thanked the first responders for all they are doing. She noted that there is a current ad in the Loudoun Times Mirror thanking Town staff for all the hard work they are doing behind the 13 I Page COUNCIL MEETING April 28, 2020 1 1 1 scenes. She said it was important to recognize the hard work that is being done. Mayor Burk said she hopes everyone stays safe. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. None. 21. Adjournment On a motion by Council Member Steinberg, seconded by Council Member Thiel, the meeting was adjourned at 8:•44 p.m. ATTEST: (2r4iei"Ifil) Clerk of Council 2020_tcmin0428 6,4______.- Kell Btwk, Mayor Town of Leesburg 14 I Page April 28, 2020 — Town Council Meeting (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 would like to call to order the Town Council Meeting of April 28th. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Campbell was going to give the invocation followed by Council Member Dunn with the Pledge of Allegiance. Mister is-- Okay. Thank you. Mr. Dunn offered to do both. Go ahead. Council Member Tom Dunn: Dear Lord, we thank you for allowing us to meet here today and share the freedoms that this country has provided to us. We especially pray for those who are in need at this time and those who are ill. We pray that you will provide your healing touch to them. We know that we don't go through any trials that we cannot overcome because otherwise, you would not allow that to happen to us. Be with us in this meeting. Guide us with your wisdom. We pray these things in your name. Amen. Rise for the pledge. Mayor Burk: Thank you, Mr. Dunn. Members of the public can now participate in this Council meeting electronically. Any member of the public that wishes to participate in the public portion of the meeting should log onto the Webex or call in to the telephone number listed at the top of the published agenda. The telephone number is 1-408-4118-9388 All right. Roll Call. Members that are present here tonight. Everyone is present. Excuse me. Let the record reflect that. Mr. Dunn, Mr. Steinberg, myself, Mr. Thiel, and Ms. Fox are here. I'm going to need a vote to allow Vice Mayor Martinez and Council Member Campbell to electronically participate in this April 28, 2000 Town Council meeting. They are absent due to the fact of the coronavirus. Moved by Mr. Steinberg, Seconded by Mr. Dunn. I'm sorry, Steinberg. All in favor? Council Members: Aye. Mayor Burk: Opposed? That passes 7-0. Eileen Boeing: 5-0-2. Mayor Burk: What is it? That's right. That's right. They couldn't vote, 5-0-2. Thank you. Now, you all can vote. Do I have a motion to accept the regular minute meetings of April 14th? Moved by Council Member Thiel, seconded by Council Member Steinberg. All in favor? Council Members: Aye. Mayor Burk: Opposed? Okay. That's 7-0. Eileen Boeing: I don't think Mr. Campbell has joined us vet. Mayor Burk: Mr. Campbell? I thought he was on the line. Mr. Campbell, are you on the line? This is our first remote meeting with WebEx and public participation with the phone. So, please give us some patience in trying to work out all the kinks since this is our first one. So he did not vote. So, it is 6-0-1. Do I have a motion to adopt the meeting agenda? Council Member Steinberg: So moved. Mayor Burk: Moved by Council Member Steinberg, seconded by Vice Mayor Martinez. All in favor indicate by saying, "Aye." Council Members: Aye. Page 11 April 28, 2020 Mayor Burk: Any nays? Is Mr. Campbell still not on? Okay. We have no certificates of recognition, but we do have two proclamations for signature for-- that ordinarily, we would give out, but I will read them and we will get them to the individuals that would ordinarily be here to receive them. The first one is the Better Hearing Month, May 2020. Whereas, audiologists in our community observe and celebrate Better Hearing Month each year during the month of May; and Whereas, the Leesburg Town Council recognizes and values the efforts of all those who work to eliminate or minimize the isolating effects of communications disorders in the one in five families affected by them; and Whereas, our residents who have overcome communication disability through the service of audiologists are now able to lead independent, productive, and fulfilling lives; and Whereas, our veterans are returning from service with the main medical complaint of tinnitus and hearing loss as a second most common complaint and audiologists are diagnosing and helping our veterans; and Whereas, the Town of Leesburg is proud and honored to have audiologists offer quality education and healthcare services to the residents. Whereas the Leesburg Town Council recognizes two practices, Dr. Pinky Khatri of Family Hearing Services is a private practice that offers comprehensive audiological and hearing aid services to the community and the Blue Ridge Speech and Hearing that was established in 1964 in Leesburg and remains today Loudoun County's only nonprofit providing the combined services. Therefore, the Mayor and the Council of the Town of Leesburg, Virginia, hereby proclaim May 2020 Better Hearing Month. We encourage all residents to recognize the achievement of audiologists and improving their quality of life for people with communications disorders. Proclaimed this 28th day of April, 2020. The other proclamation is World Ovarian Cancer Day, May 8th, 2020. Whereas, World Ovarian Cancer Day is held each month on May 8'h; and Whereas, it was established in 2013 by a group of leaders from the ovarian cancer patient advocacy organizations from around the world. These leaders saw the need to take global action to raise awareness about the disease; and Whereas, ovarian cancer has the lowest survival rate of all female cancers. Most women are diagnosed once the cancer has already spread, making it more difficult to treat. There are often delays in diagnosing ovarian cancer because there is no early detection test and symptoms are often confused with symptoms of other less severe illnesses. Where, for the women living with the disease and their family and friends, this date will build a sense of solidarity in the fight against the disease; and Whereas, the Leesburg Town Council recognizes LeAnn Moore as a survivor and an advocate for World Ovarian Cancer Day. Therefore, Proclaimed, by the Mayor and the Council of the Town of Leesburg, Virginia, that May 8th, 2020 is World Ovarian Cancer Day, and ask our community to raise voices in fighting against this disease. Proclaimed the 28'" day of April, 2020. Council Member Suzanne Fox: So moved. Council Member Joshua Thiel: Second. Mayor Burk: Well, those were already -- Page 21 April 28, 2020 Council Member Fox: Sorry. Mayor Burk: Thank you, appreciate you doing it again. It does need to be signed. All right. Anybody have regional reports at this point? I'll hold mine to the end. That brings us to our Petitioners section. We have new directions, so 1 got to be careful to read them right. Okay. One of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any item, matter, or issue. Please identify yourself and if comfortable doing so, give your address for the taped record. Any public speaker will be requested to state their names and spell it for the purpose of closed captioning. In the interest of fairness, we ask you to observe the five-minute time limit. For those participating in - person or on WebEx, the green light on the timer will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. For those participating on the phone, you will hear a bell when your time is up. Under the rules of order adopted by the Council, the five-minute time limit applies to all. Council is now able to hear from members of the public remotely. Once we have heard from anyone present in the room, we will hear from the members of the public who are on phone or WebEx. On our sheet, we have nobody who has signed up to speak in the Petitioner section. Screener, do we have anybody that has called in? Council Member Ron Campbell: [inaudible 00:13:19] Mayor Burk: Welcome, Mr. Campbell. Do we have anybody? Council Member Campbell: Hello. Mayor Burk: Hello, Mr. Campbell. We are at the section where we're doing the petitioners. Is there anybody that is--? Who is doing the screening tonight? Is Ms. Arnett -- Betsy Arnett: Hi, Madam Mayor. Mayor Burk: Yes. Do we have anybody signed up? Betsy Arnett: We have no callers, Madam Mayor. Mayor Burk: So, we have no callers tonight. All right. Then we don't have to go through the process. Okay. Is there anybody in the public that would like to speak, that didn't get a chance, that hadn't signed up on the sheet? All right. That being the case, there's nobody here that would like to speak. I will close the Petitioners section. All right. Well, we got through that one. The next item on the agenda is the approval of the Consent Agenda. We have a couple of things on the Consent Agenda. We have an appointment to the Planning Commission of Mary Harper. Mr. Dunn, that's your appointee? That's your appointment? Yes. The other one is appointment to the Airport Commission, Mr. Tom Toth. That's also yours, right? That's also yours? Yes. Does anybody have anything they want to take off the Consent Agenda? Then, do I have a motion to accept the approval of the Consent Agenda? Council Member Fox: So moved. Mayor Burk: So moved by Council Member Fox. Vice Marty Mayor Martinez: So moved. Page 31 April 28, 2020 Mayor Burk: Seconded by Vice Mayor Martinez. All in favor indicate by saying, "Aye." Council Members: Aye. Mayor Burk: That's seven zero. Resolutions, we have the Continuation of the Governor's Ordinance - Proposed Amendments that we brought up before. I've got to pull this up. Do I have a motion to accept that? Council Member Steinberg: So moved. Mayor Burk: So moved by Mr. Steinberg. Second? This is just to move it not to -- Council Member Fox: I'll second. Mayor Burk: Okay, Council Member Fox. Council Member Steinberg, do you have any comments you would like to make in regard to this? Council Member Steinberg: Not really, Madam Mayor. I was perfectly satisfied with the original language. I don't see anything particularly onerous about the couple of sentences that have been added to this, so I'm perfectly happy with it as it is. Thank you. Mayor Burk: All right. Ms. Fox? Council Member Fox: Yes. Am I on? Here? Okay. I was taking a look at what the staff report said. There wasn't much information, so I'm just wondering why the extension is necessary. Mayor Burk: Your question is why is the extension necessary? Council Member Fox: Yes. I'd just like to know how it's worked out and why we feel we need to keep going. I just need to know that. Mayor Burk: Mr. Crim? Martin Crim: [inaudible 00:16:15]. Mayor Burk: We're on Continuity of Government at this point. Right? Martin Crim: That's 13A, 13B is the Extension of Declaration of Emergency. Council Member Fox: That's what I thought we just did. Mayor Burk: No. We're doing the Continuity of Government. Council Member Fox: Really? I heard something totally different. Mayor Burk: It is hard. It is hard to do that. Okay. All right. Thank you. So, the Continuity of the Ordinance, the Government Ordinance. Mr. Thiel? Mr. Campbell? Council Member Campbell: Yes. I appreciate the work of Mr. Crim. I think section D-3 is now in accordance with D-2 so I'm not going to push the point on how that consultation should happen. I'm satisfied that Council's involved in this important decision making. Thank you. Mayor Burk: Mr. Dunn? Council Member Dunn: I just wanted to make sure that we have this correct. The resolution that's in our latest packet does not match up with what was written in our material. You want me to point out--? Mayor Burk: Mr. Crim, do you have--? Page 41 April 28, 2020 Council Member Dunn: For example, in what was given in the blue folder tonight, is this what we're voting on? Eileen Boeing: Mr. Dunn, we have the approved copy that was placed in your blue folders at the request of the Town Manager. There should be a new item titled, "Tab 7." That is the proposed changes on the right-hand side. Council Member Dunn: On the right-hand side? Eileen Boeing: Yes. Council Member Dunn: That's where I pulled it from, but let me just check that real quick. Eileen Boeing: I apologize, it's not Tab 7. Tab 7 is the new one for the extension. Council Member Dunn: Okay. Martin Crim: So, what you're looking for, at least in my book is Tab 3. Eileen Boeing: Yes, Tab 3. Martin Crim: Continuity of Government — Proposed Amendments, dated today April 28, and that provides for the change in sub -section D-3 d, adding a new number 4, amending the agenda -- [inaudible 00:18:53]. Council Member Dunn: Is that information in our packets? I just want to make sure everybody has that. Council Member Fox: Yes. Martin Crim: Yes. It should be in everybody's package. Council Member Dunn: Okay. It's not in my blue package but it is in my folder. Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes? Vice Mayor Martinez: Whoever was speaking, I had no-- I could not understand them. Is there a way you can get them to repeat what they said? Mayor Burk: It's Mr. Dunn and he just wanted -- Council Member Dunn: I was basically saying-- what I was saying, Marty, was that -- Vice Mayor Martinez: No. No. Somebody else. Council Member Dunn: Mr. Crim I think was speaking. Martin Crim: Okay. Okay. I'm as close to the microphone as I can get and look over here. So, the change that we did with the Continuity of Government Ordinance, was to add in section D-3, sub -section D, a new paragraph 4, that says, "Notwithstanding any procedural rule to the contrary, by simple majority vote, the Council may amend the agenda of any regular meeting to consider additional agenda items, provided that the agenda items so added are related to the emergency." This is under the section dealing with fully electronic meetings. Vice Mayor Martinez: Thank you. Page 51 April 28, 2020 Mayor Burk: Is that what you were missing, Mr. Martinez? Vice Mayor Martinez: Yes, Madam Mayor. Mayor Burk: Okay. Thank you. Okay. Council Member Dunn: Everybody understands that, because I didn't see it in the blue packet, so I just wanted to make sure, but we're fine. Thank you, that's all I had. Mayor Burk: All right. Mr. Steinberg? Okay. You don't have anything. Okay. I think everybody has spoken to it. All in favor? Martin Crim: Madam Mayor, could we have a roll call vote on this? I think it'll make it easier and it is an ordinance so that the Clerk has to record how each member voted. Mayor Burk: All right. Mr. Dunn? Council Member Dunn: Aye. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Aye. Mayor Burk: Mr. Campbell? Council Member Campbell: Aye. Mayor Burk: Mr. Martinez? Vice Mayor Martinez: Aye. Mayor Burk: Mr. Thiel? Council Member Thiel: Aye. Mayor Burk: Ms. Fox? Council Member Fox: Aye. Mayor Burk: And Ms. Burk is, aye. All right? Next. Now, your question comes up. Council Member Fox: Yes. That's fine. Mayor Burk: The Extension of the Declaration of Local Emergency. Do I have a motion on that? So moved by Mr. Steinberg. Second? Council Member Fox: I'll second. Vice Mayor Martinez: Second. Mayor Burk: Council Member Fox seconded. We'll catch you next time, Mr. Martinez. Mr. Steinberg, do you have any remarks at this point? Ms. Fox, do you have questions? You asked -- Council Member Fox: Just the question of why the feeling that we need to extend just because we're still under Governor's orders? I suppose, I don't remember there being a time limit last time. Maybe that's my question. Page 61 April 28, 2020 Kaj Dentler: Yes. There's a time limit. This intends it to match up with the Governor's order of June 10'h. Although there's nothing that we anticipate that I'll need to do. The primary reason is it makes the Town eligible for any Federal stimulus money that may come our way. If it's a requirement that we have to have an order, but we didn't extend it appropriately. We'll be ineligible based on that factor. We don't want to be in that position. Council Member Fox: So, has any stimulus money been offered or is there anything out there that might come our way? Kaj Dentler: Not at this time, but Congress is discussing providing states and local governments with stimulus funds that could offset some of revenue losses. That's not been approved through Congress and signed by the President, but that is a topic of discussion. If that was to happen and one of the requirements that we would have to be under a Declaration of Emergency, we certainly want to be in that position to capture that. Mayor Burk: All the stimulus money has that Virginia gets minus what Fairfax got is in the bank. They did get it all from the government. They are now talking to the Federal government to see what can be covered that the localities can, but are short of revenue. So, if we had to hire more police or if more people had to work more hours, that kind of thing. We could be reimbursed for that. They're working those details out. Council Member Fox: Okay. Thanks. Mayor Burk: All right. Anybody else have any questions on this? Council Member Thiel: Yes. Mayor Burk: Mr. Thiel? Council Member Thiel: Just a follow-up question, Kaj, for what you just stated. We have to follow the Governor's ordinance or the Commonwealth ordinance to receive the Federal funding if it were to come down to us? Kaj Dentler: No. That could be a requirement. So, when you declare an emergency order local, that puts you in the position to receive Federal and State funds. If such funds are approved and one of the requirements to receive it is that you remain under an order. It also allows us, in this case, to match up with the Governor's June 10th order, so we can do that. And then it continues to provide me, as the Manager, the authority to take any action that I need to take, although I don't anticipate that. I think we are kind of in a new norm. Primarily, if the matchup with the Governor's June 10'h order, if he ends that sooner, so then our order ends. Also, it keeps us eligible for any funds that could come our way. Council Member Thiel: Say that one more time. If the Governor was to shorten the time period of the June 10th. Kaj Dentler: Then ours would end as well. Council Member Thiel: Ours would as well? Kaj Dentler: Correct. Council Member Thiel: Okay. Would we have to take any action on that or--? Martin Crim: Yes, Council would have to take further action. Council Member Thiel: That's all. Thank you. Page 71 April 28, 2020 Mayor Burk: Mr. Martinez? Did you have a question? Vice Mayor Martinez: No comments. Mayor Burk: Mr. Campbell, did you have a question? I thought I heard somebody say they had a question. Council Member Campbell: Yes. I do. It's for the Town Manager. Mayor Burk: Yes. Council Member Campbell: Again, I want the clarification-- because it doesn't seem to be that there's a date in this version that I have that says when this order expires. Our first emergency order will expire on May the 2nd. Thank you for somebody for catching that because it would have expired without us having a chance to comment the first agenda, but the Governor's Executive Order 55 that ends on June 10th, if we were to sync up, it would seem to me then we would say that this order expires on June 10tn We need to extend it again or if we need to add it earlier, but am I missing that this does not have an expiration date on it? Martin Crim: That's right. That's right. Mr. Campbell, this current resolution before you does not have an expiration date. It will come back to Council for action to terminate it as it states here. When the Council directs the declaration to be terminated in accordance with Virginia Code. The code section that's referenced there, 44-146.21, basically determines that you don't have a need for the emergency measures to remain in place at that time. Council Member Campbell: So, this ordinance, basically emergency order expires upon the termination of Governor's Executive Order 55? Martin Crim: It will require further action by Council at that time, but the intent is to bring it back for Council action at that time. The exact language of the statute is "the governing body, when in its judgement, all emergency actions have been taken shall take appropriate action to end the declared emergency." So, that's what we're looking at and that's why there's no set deadline. We just expect to come back and we expect to come back after the Governor's June 10th day passes. Now, if the Governor were to extend that and we felt the need for continuation, then obviously, we would so inform the Council and Council could take what action it felt was necessary, but we feel it's important to have a no deadline on it right now. Council Member Campbell: Okay. There's no impact on the Governor's Executive Order 53, which expires in May that will allow, as it says it, non -essential businesses to open. So, we're only reacting to the stay-at-home order, our emergency order. Martin Crim: I don't think I understood your question about emergency order. [crosstalk] Council Member Campbell: [unintelligible 28:03] -- responding to. Martin Crim: So, Executive Order 53 does -- Council Member Campbell: I mean there are three other emergency orders [crosstalk] Mayor Burk: Mr. Campbell, could you let him answer the question and then ask your question. Mr. Crim? Martin Crim: Thank you, Mayor. Executive Order 53 does expire on June 10th. That's the one that does a number of things, but it extends the temporary restrictions on restaurants, recreational, entertainment, gatherings, non -essential retail businesses, and closure of K-12 schools. That's one thing that's out Page 81 April 28, 2020 there and that's the primary one that we're referring to when we talk about the June 10th date in the Governor's executive orders, but there are other-- The emergency itself is still there and we're dealing with it. One of the ways we're dealing with it is through the Continuity of Government ordinance that you just passed an amendment to, which is good for six months. Then, another way is the Declaration of Local Emergency, which empowers the Town Manager to take certain actions for purposes of emergency laws. Mayor Burk: Is that sufficient, Mr. Campbell? Council Member Campbell: Thank you. This is not the easiest one to communicate it, particularly when there's delays. I spoke over you, Mr. Crim. I wasn't speaking over you intentionally. There's time delay in the system. Again, let me just clarify one point. The other Governor executive orders, we're focusing on the June 10th executive order as it relates to our local emergency because the other were also emergency orders. Martin Crim: Yes. That's correct. Council Member Campbell: All right. Thank you. Mayor Burk: Mr. Dunn? Mr. Martinez, did you have a question? Vice Mayor Martinez: Yes. Mr. Crim, a question-- Well, a couple of them. The Governor's stay-at-home orders I understand we are required to follow them. Is that the right term? Martin Crim: Yes. The Executive Order 55 is also effective through June 10'h and that provides the temporary stay-at-home order that is binding. It does have an exception for the operation of government, but its generally binding on all persons in the Commonwealth. Vice Mayor Martinez: There's no way we could get an exception that if we felt the Town of Leesburg was doing a better than average job, that we could be an exception to that order? Martin Crim: That's not a legal question. I mean, you could certainly ask for, yes, relief from the Governor's executive order, but that's more of a policy question. I'm going to look at Kaj for that one. Vice Mayor Martinez: Well, what I'm trying to get at is that lately, I understand the caution or I wouldn't be doing remote participation. I also understand that a lot of our businesses are hurting. I'm just wondering if during all of this, if we find that there are certain exceptions to our local businesses that we could find a way to allow them to work or open in spite of-- while complying to the Governor's order. Kaj Dentler: I don't know we would override the Governor's executive order. I don't know how we do that. Mayor Burk: The other thing is the Health Department doesn't let us know where the incidences are within the-- It's just Loudoun. It's not-- We wouldn't know if Leesburg was cleared or we wouldn't have that information because they only do it by Loudoun County. So, it would be difficult to get that information. Kaj Dentler: We're not-- I think -- Mayor Burk: Go ahead Vice Mayor Martinez: Go ahead. Mayor Burk: Go ahead, Mr. Martinez. Page 91 April 28, 2020 Vice Mayor Martinez: Well, what I wanted to do is to at least bring it out in the open on what we can or cannot do as a Town Council and how we are tied to the Governor's requirements and tied to the County because we don't have full visibility on what's going on in our Town because of that when it comes to [crosstalk] Kaj Dentler: We don't have a health department so -- Mayor Burk: Right. We don't have our own health department. So, all the information is by locality, but you're right, Mr. Martinez. We are following the orders of the State and I'm not quite sure what would happen if we didn't. Martin Crim: Well, we don't have any authority to counterman the Executive Order 55. It's actually a Class 1 misdemeanor to gather in groups of more than 10 except as expressly authorized by Executive Order 55. Mayor Burk: So, we are limited in what we can do by following -- Martin Crim: We're very limited in what we can do. Mayor Burk: We're following those orders, but thank you, Mr. Martinez. Vice Mayor Martinez: The reason I brought it up is there are businesses out there asking the questions and I want to have a clear answer to them on what we or can or cannot do in the Town. So, that's the reason for the question. Thank you. Mayor Burk: Thank you. Council Member Fox: I know. I don't have a light. May I speak to that? Mayor Burk: Council Member Fox, you already had a chance. Council Member Fox: Marty brings up an excellent point and I think Council Member Dunn put out a letter that we can maybe request [unintelligible 00:34:17] and speak as a body to Richmond to see if we can't make some changes because -- Mayor Burk: Well, the letter, they'll-- I don't mean to interrupt you. I'm sorry. Council Member Fox: No. No. I was saying that's maybe one thing we actually can do. Mayor Burk: Right. Well, the letter-- I have not even seen the letter myself. It came right at the end and we would have to have suspension of the rules a hundred percent to be able to consider because it's not on the agenda, but it can go on the next meeting. It can go on the next meeting's agenda if so desired. All right. You're looking funny. Did you--? Council Member Fox: No. I was just thinking of what we just did with the Continuity of Government. I thought that was the majority at this point. Now, that's passed. Mayor Burk: To change the agenda? Council Member Fox: No. No, to get something spoken about it that wasn't there before. Yes, I guess so. Mayor Burk: But it's not on the agenda. It's not on our agenda for this? Council Member Fox: Okay. I understand what you're saying. I understand that that's our rules, suspension. I thought we could change them. That's all. Thanks. Mayor Burk: All right. Mr. Dunn? [crosstalk] Page 101 April 28, 2020 Council Member Dunn: Just to make sure I'm clear on a couple of things. I think that what we're just dealing with here right now is a continuation of the emergency order to coincide with the declaration of emergency that the Governor made. I believe and 1 don't have the material you have, Mr. Crim, but I believe that he made a Declaration of Emergency and that's what we're going by. Other orders that may have been made after the initial declaration are not necessarily considered emergency declarations. They're just additional orders by the Governor that he's making under the overall declaration of emergency. Is that how you see the declarations that are made? It's just that I think we're getting too hung up on various dates, but I think that there was an overall Declaration of Emergency first called and then various other orders have come down and they're going to be fluctuating as the situation changes. Is that how you're seeing it? Martin Crim: Right. Yes. There was an Emergency Order Number 51 that was dated 12th March and that had an expiration date of June 10th, but that was basically directing state and local governments to render appropriate assistance. It didn't have these kinds of restrictions on people's movement that came later first through the order of the public health emergency and then through emergency orders -- Executive Orders Number 53 and 55. Number 53 was later amended. Those all have a June 10th expiration date. Council Member Dunn: Just because we were getting hung up on other order titles other than the actual initial Emergency Declaration. Okay. Thank you. Mayor Burk: Okay. I think everybody has spoken. This was moved by Council Member Steinberg, seconded by Council Member Fox. All in favor indicate by saying, "Aye." Council Members: Aye. Mayor Burk: Opposed? Mayor Burk: Does this have to be a roll call, Mr. Crim? Martin Crim: No. Mayor Burk: Okay. To me, that sounded like seven. Mr. Campbell, were you opposed or in favor? I know there's a delay - Council Member Campbell: Aye. Mayor Burk: -but are you--? Okay. You're in favor. Thank you. All right. So, that passes. We have no public hearing. That brings us to -- Council Member Dunn: Madam Mayor? Mayor Burk: Yes? Council Member Dunn: Under New Business, I would like to introduce a new item directly related to the emergency situation and we just passed a resolution making it effective immediately upon passage by Council that we allow items directly related to the emergency situation to be brought up at the current meeting, provided that we get a simple majority vote. I would like to place on the table a letter to the Governor asking for some guidance and assistance on a number of issues related to the emergency. Mayor Burk: Well, I will say, Mr. Dunn, I have not had a chance to read the letter. I don't know if everybody else has had a chance to read the letter, but I think this is what-- Ms. Fox, you were trying to--? Council Member Fox: I saw the letter tonight. Yes. Page 111 April 28, 2020 Mayor Burk: Okay. That's what you were referring to previously that I missed? You have to have a majority that are willing to talk about this letter at this point. Martin Crim: Madam Mayor? Mayor Burk: Yes? Martin Crim: Just to clarify. The provision that you just added to the Continuity of Government ordinance applies for solely electronic meetings. So, it says any regularly scheduled special emergency meeting of the Council or any subordinate body may be held by solely electronic or telephonic means without a quorum of members physically present so long as the following criteria are satisfied. So, it's not for all regular meetings, Council, it's only for regular meetings where you have-- where you're meeting solely by electronic means. The idea there being that that was going to relax the rules for those fully electronic meetings. I just want to make sure that everybody understood that's the way that's worded. Mayor Burk: Okay. So, tonight, we would have to have unanimous suspension of the rules to consider this on the agenda? Council Member Dunn: Point of order. Point of order. First of all, the attorney is not a member of this body and does not make decisions on our rules and I do not -- Mayor Burk: But he most certainly advises us on those rules and I appreciate his advice. So, go ahead. Council Member Dunn: I don't. It's our means. That subheading to make a correction is for previously scheduled regular meetings and then there are four points under that heading. One of those points is being able to bring things up within the emergency situation at the meeting. One of the other points is on electronic meetings, but that heading of section D-3, subsection D, item 4, under that subsection, giving equal weight to each one of those items, one, two, three, and four. Otherwise, you would have noted that item D would have been just for electronic meetings. So, my motion still stands as being duly in place according to our rules that we just passed. Mayor Burk: Mr. Crim, would you opine on that? Council Member Dunn: Point of order. Mr. Crim does not make a decision, it's the Chair -- Mayor Burk: I'm asking for advice of the attorney, which I have every right to do. Council Member Dunn: Well, that's fine, but his decision has no bearing on the meeting other than giving you information. Mayor Burk: Well, that's fine. I appreciate working with information. Mr. Crim? Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes? Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes. Vice Mayor Martinez: I'd like to have a point of order. The whole time that we had discussed all of these resolutions, not one did we say that we were going to do away with our businesses during a regular meeting. I do believe that it still applies, that - Mayor Burk: Says it right here. Page 121 April 28, 2020 Vice Mayor Martinez: -I want to add to the agenda. It has to be unanimous or the suspension of the rules have to be unanimous to allow that to happen. Mayor Burk: Thank you, Mr. Martinez. Mr. Crim? Martin Crim: Madam Mayor, the provision that you were discussing, the Continuity of Government D- 3 has a list of criteria that are required for fully electronic meetings. At your last meeting, you added this-- you asked for this language to be added that you just voted on tonight. That applies to amendment of regular meetings to address to add agenda items by a majority vote if they were related to the emergency, but that all goes back to the first part of section D-3. Now, certainly the motion is in order and can be voted on. It's just a question of whether it's a majority vote or a unanimous vote that's required. Mayor Burk: I will rule that it does require a unanimous vote. Council Member Dunn: Appeal to the decision of the chair. Mayor Burk: It's fine. All that are opposed to the decision of the Chair and [crosstalk] Council Member Dunn: Point of order. The procedures for appealing the decision of the Chair allows the Chair to-- if the Chair so chooses to state her position on why she's making the decisions she's making. If she doesn't, then I'll continue with my explanation of why it should -- Mayor Burk: Well, then, I will go on and say that I'm making this because this is not-- we have had the advice from counsel, which I most certainly think is an important aspect to our consideration. This is something that I personally have not read. I don't think that's fair to ask someone to vote on something they haven't had a chance to read at this point. I think there's no reason it can't go on the next meeting, if you want to have that discussion at that point, but I think it's premature now and I think you need to have-- I believe we need to have a suspension of the rules to be able to proceed with this. So, I am going to call for a vote. Council Member Dunn: Point of order. It allows for -- Mayor Burk: Yes, Mr. Martin--? Oh, its your -- Council Member Dunn: It allows for a response. Once again, these are not rules that are guiding our regular meetings because, frankly, we are not under regular meeting rules right now. We're in an emergency situation. That's why we developed these current rules. They also addressed not just regular meetings, but emergency meetings and special meetings. The reason this was added was because we've taken away our work sessions, when we normally add things to meetings. We can add them at regular meetings, but because we are meeting so infrequently, we added this in here, not for regular items, but for items that specifically relate to the emergency situation. I think it is important enough that it is only 7:40 in the evening. We can bring up the letter and I welcome all of Council's input on the letter and we can send the letter to the Governor, letting him know of some of our questions and concerns. The sooner we do that, the better. I think to wait two more weeks just shows that it really isn't that important to us. I think that there's items on there that can be added. Frankly, staff is allowed to add items that we don't see until the meeting and that we're asked to make decisions on. Many times, I have a packet which shows me information to be provided at the meeting. There is no previous notice. The only reason I sent it out when I did because that's when I finished it. I could've just brought it before you and laid it on before you now, but I tried to be respectful of your time and give it to you ahead of time. Mayor Burk: Fifteen minutes ahead of time. Page 131 April 28, 2020 Council Member Dunn: I think I sent it at about 6:15, but I did not finish making some grammatical errors that I think needed correction. As it is, we still have plenty of time this evening to address the issue and I welcome all of Council's input on bringing important issues that affect our Town, the citizens, and the businesses before the Governor. If at the end of having a discussion on it and changes to the letter, you still don't want to send it, then you can vote against it, but I think that there's important items that should be addressed to the Governor as soon as possible and not waiting two more weeks. Thank you. Mayor Burk: All right. We are doing voting on overruling this decision of the Chair. All in favor of overruling the Chair's decision indicate by saying, "Aye." Council Members: Aye. Mayor Burk: So that's Mr. Thiel, Mr. Dunn, Mr. Campbell, and Ms. Fox. Opposed? Council Members: Nay. Mayor Burk: Mr. Steinberg, Ms. Burk, and Mr. Martinez. All right. There is a letter out there. Council Member Dunn: It should be in everybody's email if you have your electronic means in front of you. Mayor Burk: All right. Let's go with this letter. Let's go. We've got -- Council Member Dunn: Well, I asked her to bring it up so you can see. Mayor Burk: Do we have a copy of it? Do we have any hard copies of the letter? No? Thank you. Council Member Dunn: I got it. Thanks. Mayor Burk: All right. Mr. Dunn, you have two more minutes. Council Member Dunn: Again, the letter initially is obviously to the Governor. It just mentions in the first paragraph who we are, elected representatives of Leesburg. The next paragraph talks about our concerns over the health, welfare, and safety of our citizens and getting accurate information about the underlying conditions that are causing the most serious cases of the virus so that those citizens who are most at risk that we actually know, clearly to the best of our ability today, what those items are. That certain emergency orders and stay-at-home orders that have caused havoc in the lives of our citizens and overstressed our local community resources to respond without any Commonwealth or Federal assistance. We are also concerned about the financial impacts to all businesses in the public sector, the private sector, and their employees. Town government may be forced to have to reduce staff and is also already reducing the services to our citizens due to lost tax revenues. The private sector has had to sacrifice their businesses and job losses in the thousands and the public and private sector, unemployed, are no longer consumers. Even when the businesses open back up, consumers have a stay-at-home order until June 10th and they will be greatly reduced in how much they're able to consume or even to address to businesses that may open up in May. What we're asking for in the next paragraph is that the Governor, rather than going to June 10th is to consider-- while June 10th may stay out there, but consider a seven or 15-day review of the stay-at- home order and look for opportunities that will allow for businesses to open and for citizens to actually not have to stay-at-home. Page 141 April 28, 2020 The large essential businesses that are out there are actually harder to handle, the social distancing, than some smaller businesses. We asked for information about the financial impacts in the next to last paragraph and in the final paragraph, we have our local elections that have not been addressed and the filing deadlines that need to be done by June 9th and the stay-at-home order would prevent us from doing that. So, I'm asking the administration to consider a few different options on how to manage that process for filing deadlines and then signatures down below, but that's a brief overview of the letter. Again, I do welcome any feedback from other Council members. Thank you. Mayor Burk: Mr. Thiel? Council Member Thiel: I do think it is important to bring up the topics about the Town to bring towards our Governor. I think that the more information we provide to him, the better. I think if we do send him a letter, whether it's this one or a revised version of it that has more in-depth knowledge of what we were actually looking for, I definitely think it would be helpful. I think setting a date in the far future without readdressing certain situations is irresponsible. I think that re-evaluating is more along the lines of what we need to be doing. We need to reevaluate businesses. We need to reevaluate health concerns. There's a lot of steps that go into these kinds of things and just setting a date and saying we're not talking or we're not opening up anything until this effective date. Well, how do we know that things haven't slowly started creeping back up and our economy started to boom again? I do think that it's important to actually provide guidelines to the people that are looking to run for elected office in June. The filings are in June. It would behoove us to know that so we can inform people in this local area what their actual-- We don't have answers from the Governor, so we need to ask some questions to get the answers to. Kaj, I got one quick question. Is there any reoccurring taxes that we owe to the Commonwealth on a monthly basis or a quarterly basis? Kaj Dentler: Say that again, the first part. Council Member Thiel: Is there any type of payments that we owe to the Commonwealth on a monthly basis or recurring basis? Kaj Dentler: Nothing. Council Member Thiel: So, nothing? Kaj Dentler: Nothing that comes to mind. If you're thinking like state sales tax, we all pay, we're buying something. That's collective by the vendor, goes to the State or just right to the County, goes there first. Council Member Thiel: Okay. All right. Thank you. That's all. Thank you very much. Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes, Vice -Mayor? Vice Mayor Martinez: I cannot support this letter. One, I also want to have more time to review it. Just sitting here and checking it, we can talk about it tonight, it doesn't give you the kind of review that you need as a Council member to really understand what the purpose is. Also, too, one of the points I made earlier is that we are on the lowest rung of the ladder. If anything, we should be appealing to the County to give us all that information that they get instead of having to go to the State. We are bound because of that. Page 151 April 28, 2020 So, right now, trying to do this I think is not appropriate at the time. I think in two weeks if we can craft something a little better, I'd be willing to consider voting for it, but as I say right now and I look at it, I think we need to really look at what we can do locally with the County because they are the ones that are holding the first strings, not the State, as far as how revenues are distributed. Kaj, am I right in that? Mayor Burk: How the revenues, the stimulus money will be distributed? No. Well, somewhat. The money has gone to the State and the State is now trying to negotiate with the Federal Government as to where does it go to the localities by population. Does it go to localities by the County first and then to the other localities? That hasn't been finalized. They're in those discussions now. Vice Mayor Martinez: I still say then we're a little premature in trying to figure out what we should be doing. I don't think we should be shooting at the State level. We should focus on our County and how they're going to work with us when we finally are able to go out and become normal again or whatever that means. Thank you. Mayor Burk: All right. Thank you. Mr. Campbell? Council Member Campbell: Yes. I believe that a letter like this, while it may need some wordsmithing, the purpose of it is clearly appropriate. I disagree with any Council that says that the lives of Leesburg residents and Leesburg, as the largest town in the Commonwealth of Virginia is on the lowest rung on any ladder and our lives are just as important as anywhere at any time. I generally voted against [unintelligible 00:56:00]. Probably, if I check my own record, I probably had voted against every time sending any letter and have opted for either tried to get things done face to face or develop relationships that really will be more beneficial in the long run than just send a letter. There is something different happening here with so much different information, so many different impacts, that if our voices are not heard now, once again, we'll be chasing something, and responding, and reacting rather than focusing on the important issues that need to be documented so that we can prepare for the road to recovery. This is not a criticism. I don't believe in [unintelligible 00:56:47] of the criticism of this administration in Richmond, but the idea that we need to have updates. We need to have accurate information so that we can do our jobs. We don't need to wait and be dependent upon the County, that we have a responsibility as elected officials to be advocates of equal stature and [unintelligible 00:57:11] our position irregardless of how it's going to be received. Once again, we just simply wait and find out what somebody tells us to do. So, I believe that we can fine-tune some of the points. I will vote on sending a letter. Maybe the letter and this format is not altogether tonight, but I agree with the direction that we have to start on this road to recovery. This is a critical issue, not just for our Commonwealth, but as we [unintelligible 00:57:42] how we start to look at coming back to life. So, I'm in favor of sending the letter. I would agree that there may be some [unintelligible 00:57:54] points that we need to make on this particular document. Mayor Burk: Mr. Campbell, may I--? Are you going to suggest some changes to the letter tonight or are you suggesting that it come back in two weeks? I'm sorry. I'm a little confused by what you're suggesting. Could you clarify for me, please? Council Member Campbell: I'm suggesting that we can vote to approve that we send a letter and the actual letter-- we have precedent on doing this. We have given to say, "Oh, let's approve to send the letter to the County," and we get to see the final format of the letter after it's sent. So, I believe that we can agree on a direction and then, yes, in less than two weeks, I would say that we can require ourselves to all submit comments, a document to be created. We can even set a date when we want that letter to be sent so we have to work purposefully, but we should be able to do it before two weeks. Mayor Burk: Okay. Thank you. Mr. Dunn, you've spoken, too, already. Mr. Steinberg? Page 161 April 28, 2020 Council Member Steinberg: Thank you, Mayor Burk. I also can't support this letter in its current form having come to us at basically 20 or 25 minutes prior to this-- beginning of this meeting. I think we would be ill-advised to send it anywhere close in its present form. I appreciate the sentiment and the desire for more data and information that we can gather either on a local or county or state level, certainly to our benefit. I think one of the things that this letter demonstrates, and it's not our purview here, but I think it demonstrates a colossal failure on the national level to guide the state governors in a more cohesive approach to how we deal with this current pandemic. I find that we seem to be in a fairly haphazard course and the various governors are forced to take actions based on the information they have as opposed to a national level. I feel that the County and the State are very well-informed in terms of their medical advice and their legal advice. The Governor himself being a physician, I think has a keen appreciation for the seriousness of the level of this pandemic. I'm considerably concerned with the request that we lift the stay-at-home order that's in this letter, given the lack of not only tests themselves but the ability to analyze testing on any reasonable timeframe. To lift stay-at-home at this point, when we seem to be on a much better path in terms of trying to contain the pandemic, could be a decided road to disaster and there'd be no way for us to analyze it since we do not have capable testing in this country, unlike other countries that have managed like New Zealand, for example, to control the spread and actually bring it down to zero. We would have no way of being able to analyze that. So the concept of sending a letter asking to be kept in the loop of information is certainly a worthy one, but not this letter as in its current form. If we want to undertake an approach where we try to fashion a letter, say in the next week with feedback from various Council members, that would be fine, but anything that includes a lifting of the stay-at-home, I couldn't support. I also can't support this letter because it misspells my name. Thank you. Mayor Burk: All right. Everyone - Council Member Fox: No, I haven't. Mayor Burk: I'm sorry. Council Member Fox: I'm just down here, that's all. I wanted to opine just a little bit. I would have to change the spelling of my name as well in this letter too from S-U-Z-A-N-N-E, has been for about 50 years now. I also understand and respect the fact that the letter came out pretty close to the time of Council and I get those who feel like they need some more time to review it. It's not a very long letter. It's pretty straightforward, but that is fair. So I would say to Council member Dunn if we don't want to wait the two weeks we can always call that special meeting that we're allowed to do in emergency situations too. One of the things I'd like to opine on is we have a date of June 10th, which we don't know. It's seemingly arbitrary to me anyway and I think to a lot of other people. It's not only lives at this point, but livelihoods and dignity are being tested here. I think as policymakers, we need to weigh these values. We're always in that position. There's a lot of unknowns. We shouldn't encourage anybody as a head of state to work on any single factor analysis and that's exactly what's going on. This letter to me would be encouraging our Governor to be a little bit more rational about what he expects us to do in the event of the upcoming elections and what society may look like coming out of this. We just don't know that and I think people need some more definitive information. I would be definitely in support of sending this letter tonight. I will vote for it but if there are folks who need more time, I respect that, but I don't think we should wait two weeks either. Mayor Burk: All right. I do want to clarify a couple of points. One, the June 10th date is not arbitrary. It's picked on. It was picked because of a scientific model that's come forward that the State is using to determine when we are going down and we're not continuing to grow. Right now, we are having more cases going forward. We need to be on the way down. Page 171 April 28, 2020 Council Member Fox: I think there are a lot of models out there and I think there's a lot of conflicting information. Mayor Burk: There is information out there. Please. It's my turn to speak. Thank you. The models that the State's going by that is one of the dates that they could agree on that they saw. I just don't want to say that it's arbitrary. It's not. Council Member Fox: It seems, yes. Mayor Burk: They are looking at the ways the information that they have. I have no problem sending a letter to the Governor. The Northern Virginia Regional Commission has sent two or three letters to the Governor. We have had multiple meetings with him on the phone talking about the towns that they can't be forgotten that you've gotta work with the towns. You've got to remember the towns. The Governor has said yes, he is very aware of that and he will definitely make that part of the reimbursement when it comes down from the stimulus and all of that. But there are things in here that are that with my first just quick reading, I can't agree with. Small businesses can more easily manage social distancing recommendations currently in effect, I would disagree. I think they would have a harder time. They have less space. The bigger businesses can easily move people out. They can move the six feet. There's things in here that I don't agree with, that I don't think are accurate. Asking for a review every seven to 15 days, the Governor has a news conference every couple of days to tell everybody what is going on, what is the information, what they've learned, what are they doing next? I think that that's part of the reviewing process. So I think it's rather redundant to ask for him to do that when they're doing that. The businesses most certainly are hurting and it's painful to see what's going on, but we have to put our primary objective and our primary job is public health. To say that, "We ask that you either end the stay-at-home order within a few weeks prior to the filing deadline so signatures can be obtained." I can't believe we would even say that. We should be concentrating on people's health, not whether it's inconvenient for people to get signatures at this point. We know that the signatures for the November election are June 1st. There are ways that you can do it. We've had candidates do it already that have gotten those signatures but to say that we want to have the stay-at-home order lifted so that people can get signatures, that floors me. I can't even believe we would. That's what I'm concerned about, that we're going to send a letter that has something like that in it. Anybody, any candidate that wants to run, anybody can go to the courts and ask for an extension of the filing date. I don't believe it's even within the Governor's ability to do that. We got information here we're not sure of. I'm not sure what the intent of the letter is. Is it about the election? Is it about the small businesses? I'm very confused as to what the intent of the actual letter is and the misinformation that I've just read in a few minutes. I don't think it's intentional. I don't think it's on purpose, but it's something that I think is something we would need to work out. If you want to vote to send the letter, you can vote to send the letter, but what it's going to say, that really needs to be worked out among us. That's not something that we should be saying, "Well, we'll do that," unless you want to come back in two weeks after we've had time to look at it and make our suggestions. Otherwise, we need to sit here tonight and make those suggestions if you're going to pass it. That being said, everyone has had their time. Council Member Dunn: Madam Mayor? As I made this motion I get the final word? Mayor Burk: Yes, Mr. Dunn? Council Member Dunn: A couple follow up comments. While I appreciate your pointing out that there was an intention to be made to put the election before people's health, it is noted in the very beginning of the letter that health and welfare of our citizens is of the utmost importance, not just to us, but to the Governor. It is asking the Governor to consider multiple options. You only mentioned one of them and made that conveniently political to mention that, but the options were to either give an extension to after the election and that would require his administration to go to the Supreme Court because it isn't just Leesburg. There's other jurisdictions that are impacted by this. Page 181 April 28, 2020 Mayor Burk: Well, then why would we answer for them? They don't ask for us -- Council Member Dunn: I didn't mention that in the letter either. Mayor Burk: That's why then you shouldn't be using that. Council Member Dunn: Okay. It is my time to speak - Mayor Burk: Okay. Council Member Dunn: -but appreciate your input. It's asking in two cases to go to the Court to either extend the filing deadline or even waive the filing deadline for signatures, but otherwise, I'm not sure how those people who got signatures during the stay-at-home order were able to practice the social distancing and collect those names of 125 maybe 150, make sure you had enough. How they were able to do that and abide by the stay-at-home order and social distancing, which you Madam Mayor have said that small businesses don't have the ability to do anyway. They have the hardest time. Mayor Burk: I didn't say that they didn't have the ability to do, I said it was harder. Council Member Dunn: Georgia, Colorado, Florida, Indiana, Texas, Ohio, Massachusetts, Washington, Pennsylvania, Michigan, New York, Louisiana, Illinois, Maryland, California, and New York. They all have greater cases and unfortunately, deaths due to corona than Virginia does. This wasn't to be an issue about criticizing the Governor's date, but we have since it was brought up, every other state has a sooner release of the stay-at-home order than Virginia, other than those who have no date, which are Kentucky, West Virginia, Maryland, California, and New Jersey. There are 16 other states. We ranked number 17th in cases and deaths. There are 16 other states that have higher numbers than us but have shorter stay-at-home orders than Virginia. So, June 10th is not some magical date that it has been determined this is the most effective date. All I'm asking for on this letter is not to just address the date, but data, financial impacts, a periodic review, impacts on jobs and businesses, and how we handle the local elections. We're looking for suggestions. I think to vote on the letter tonight if there needs to be changes, but I would recommend making those changes for the next few days and get the letter sent to the Governor, which we've often done with letters that get sent to us by email after the fact of the meeting. Thank you. Mayor Burk: Thank you, Mr. Dunn. We have a motion. I didn't write that, who wrote that? We have a motion by-- Okay. We don't have a motion. No? Council Member Dunn: [unintelligible 01:12:42] Mayor Burk: It was Mr. Dunn said you were going to bring a letter, but I didn't ask for a motion. Mr. Dunn, are you making the motion at this point and who seconded? Somebody seconded. Council Member Fox: I'll second. Council Member Dunn: I thought we did that. Council Member Fox: No, we didn't. Mayor Burk: Fox. Ms. Fox is seconding it. All in favor of the letter. I got to do this in two parts. All in favor of this letter going to the Governor. This one that we have in front of us as is, please indicate by saying yes. All in favor. Say yes. Council Member Dunn: Point of order. That is not what the motion is. You do not get to decide that this is the letter -- Mayor Burk: You said the motion was to send the letter. Your motion was to send this letter to the Governor. Page 191 April 28, 2020 Council Member Dunn: Actually, I thought I'd already made the motion but I'll go ahead and make it now because you said that I was making it, so I'll make the motion. Mayor Burk: What is your motion then, Mr. Dunn? Council Member Dunn: I make a motion that we send a letter to the Governor addressing the points of more detailed data, the financial impacts on the community, a periodic review of the stay-at-home order, the impact on jobs and businesses and employees and how we can manage the local election process and that letter to be passed tonight and allow for changes that can be offered by Council members prior to April 29th to be sent to the Governor by April 30'h Mayor Burk: Is there a second? Council Member Fox: I have a question before I second it. Mayor Burk: Yes, ma'am? Council Member Fox: There's some good points made about the letter the way it is and I would like us to be able to do this together. Sending it the way it is right now as written, I don't think I could be in favor of. However, the points that he made, we all have to talk about, so how do we divide this so that we can send a letter and work on the points? Mayor Burk: That's a very good question. I don't know quite how we would do this if we don't discuss it -- Council Member Dunn: We've done it before. Mayor Burk: --if we don't discuss it now. Council Member Dunn: Well, that's what I suggested originally. Council Member Fox: So I can't send this letter. I can't second that. Mayor Burk: So do you have an amendment to the motion? Council Member Fox: I would suggest or I would like to make an amendment. I suppose if it's not been seconded though, that's all. Mayor Burk: Well we're going to see if it's a friendly-- You've seconded it? Council Member Fox: No. I don't want to second it if we're sending this letter. Mayor Burk: You seconded his motion. No? Martin Crim: No. Mayor Burk: I'm sorry. I thought she did. Martin Crim: No. Madam Mayor, Dunn restated his motion -- Mayor Burk: Okay. Martin Crim: --with regard to addressing points of more detailed data, impacts and so on and to allow for changes by Council members by April 29th and send the letter April 30t. That's the motion that he made. That motion has not yet been seconded. Mayor Burk: Okay. Sorry. I thought you had seconded the motion. Is there a second for that motion? Page 201 April 28, 2020 Council Member Thiel: Second. Mayor Burk: Seconded by Mr. Thiel. All right. So did you have a friendly amendment you wanted to add to the motion or an amendment to the motion? Council Member Fox: I think Mr. Dunn spoke to this and so I'm not quite sure if it's a friendly amendment, but the letter must be a compilation of what we can decide on together as a Council because I think it would be more effective that way. The points that Mr. Dunn made, I respectfully agree, those are the points that need to be considered by the Council in asking for some information from Richmond. So I would like those points included. Mayor Burk: Okay, let me clarify. Council Member Fox: But we haven't talked about them yet. Mayor Burk: Okay. So you're making an amendment to include--? Council Member Fox: -To include the bullet points brought up by Mr. Dunn. Do I even need to make that amendment? Yes. Council Member Dunn: Not necessarily the order of the paragraphs but the paragraphs are more detailed data, the financial impacts, periodic review of the order, impacts on jobs and businesses and employment, and how to manage the local election process. Council Member Fox: So those would be the five points that we would include, but we would need to talk about those points. Council Member Steinberg: Point of information, if I may. Mayor Burk: Yes sir? Council Member Steinberg: Okay. I'm having trouble following this. If Mr. Dunn is offering a motion of these bullet points, why are we trying to amend the motion with the same bullet points? Council Member Fox: Yes. I don't know if I need to amend it, that's why I asked. Mayor Burk: Okay. I thought you wanted to add something else. You said something-- Okay. Council Member Fox: No. Just the things that he has. Mayor Burk: Just the five things that he brought up? Council Member Fox: Yes. My issue is we haven't talked about those five things. We haven't expanded on them, we haven't discussed, and we haven't debated them between ourselves. Mayor Burk: Okay. Good point, but we do have a motion on the table that was seconded by Mr. Thiel. At this point, we've all spoken to it, so indicate that - Council Member Thiel: I'd like to make a friendly amendment. Mayor Burk: Yes. Council Member Thiel: One is before the letter is sent a majority of Council approve it after the edits have been made. The other is if a Council member wishes to remove their name from the letter, they are able to. Mayor Burk: Okay. You have two components to it. Removing from letter. Do you accept that as a friendly amendment? Page 211 April 28, 2020 Council Member Dunn: That's fine. I'm not going to have anyone have their name on it if they don't want to put their name on it. As far as editing it, I'd recommend that if there's changes that some people have mentioned that if we look at each paragraph and if there's things you want to add or take off, then we could do that quickly now and be done with it. Mayor Burk: Well we have a motion in front of us right now so we need to do the motion first that Mr. Thiel was asking if that that's a friendly amendment. You accepted the first one about the removal of - Council Member Dunn: That's fine. I have no problem with people looking at whatever changes there are. Mayor Burk: All right. All in favor indicate by saying aye? Council Members: Aye. Mayor Burk: Opposed? Council Members: Aye. Mayor Burk: That's Mr. Campbell, Ms. Fox, Mr. Thiel, and Mr. Dunn. Opposed Mr. Steinberg, Ms. Burk, and Mr. Martinez. Martin Crim: Madam mayor? Council Member Dunn: Madam mayor? Mayor Burk: Yes? Council Member Dunn: Can I offer just a motion? Mayor Burk: One second, please. Martin Crim: I just was going to ask to clarify that you were voting on Mr. Dunn's motion as with the friendly amendment from Mr. Thiel. Is that correct? Mayor Burk: That is correct. Martin Crim: Thank you. Mayor Burk: All right. Yes, Mr. Dunn? Council Member Dunn: I'd like to make a motion that if there are changes that people would like to make to the letter if they so choose, that we can do that now over the next-- I don't think it would take more than 10 or 15 minutes. Mayor Burk: All right. Do you have a second? Council Member Thiel: I'll second. Mayor Burk: Okay. All in favor that you would work on the letter now indicate by saying aye. Council Member Dunn: Point of order. Just a real quick comment before that motion. I think that one, we have very often said, we want a letter sent that the staff gets the gist of what the letter is. They go out, they type it up, it gets sent to us and we're informed "Here's the letter that's going to..." -- we just had one the other day that got put in our email, "Here's the letter that's going off in your benefit." If there's changes you'd like to make, we can go through them right now and make those changes. I would rather it be those things that Council feels comfortable with and obviously, if -- Page 221 April 28, 2020 [phone rings] Mayor Burk: All right, Mr. Dunn, are you finished? Council Member Dunn: Excuse me. Mayor Burk: Continue. We can hear you over the phone. Council Member Dunn: I'm going to wait until the phone stops ringing. Mayor Burk: Let the time go. Council Member Dunn: Don't keep the time going. Mayor Burk: Let's go. Council Member Dunn: There's an interruption. Let's go. What a comment. If there's changes you'd like to make, if there's that big an issue I would suggest in the next 15 minutes, 20 minutes, whatever, let's make the changes and I think again, that it's more important to get that done. If, however, Council wants to say, "Hey, I'm willing to make these changes and send them in," and we all agree to that and it gets sent knowing that it's already been voted on, that's fine too. I think that the main points of, again, how to deal with the local election, impacts on jobs and businesses, a periodic review of the date, which by the way that's to give people hope and that's in this letter too. The financial impacts and detailed data, I don't know why anybody would argue with any of those unless, again, the data is so important because individuals have done vast studies that the other 47 states have not done and deemed it the ability to have the stay-at-home orders removed throughout April and May. Of course, we always want to put safety first, but my motion is if folks want to go ahead and try and take a look at the letter, by paragraph, if there's anything they disagree with or want to add to I would rather see us try to get it done now. Thank you Council Member Steinberg: Point of information, Madam Mayor. Mayor Burk: Yes sir. Council Member Steinberg: I believe the motion that was passed was based on several specific bullet points. It has absolutely nothing to do with sending the letter in its current form or taking this letter and making changes. It seems to me the motion that was passed entails creating an entirely new letter built on the bullet points that were in the motion. Council Member Dunn: That's incorrect. Mayor Burk: I have to say, I felt the same way but I'm going to have to let Mr. Dunn have his way on this one and see how people vote on it. Vice Mayor Martinez: Madam Mayor. Mayor Burk: Yes? Vice Mayor Martinez: This whole discussion is totally inappropriate. I'm not going to vote. I'm not going to want my name on the letter. Everything we're doing right now is contrary to everything we've done. Mr. Dunn has, plenty of times, he has quoted and said different things about the way things should be done or not done. This is not the way we do business on the Town Council. I agree with Council Member Fox in that we should take a step back and look at this now. I have no problem signing a letter going to the Governor if we all had a chance to go through it and review it, but trying to do it ad hoc right now, for me is totally inappropriate. We should not be doing this if we're going to maintain any kind of semblance of rules and order. Page 231 April 28, 2020 Mayor Burk: So noted Mr. Martinez. Thank you. We have a motion from Mr. Dunn, seconded by Mr. Thiel that we work on the letter that's before us. Is that correct, Mr. Dunn? Council Member Dunn: Yes and I did mention if you want 20 minutes tops. If we can't get it done, then -- Mayor Burk: There was no mention of 20 minutes. Council Member Dunn: I actually did mention the time limit in there. I said 10 or 15 minutes, I'll just say 20 minutes. Mayor Burk: Is that acceptable to you, Mr. Thiel? Council Member Steinberg: Point of information Madam Mayor. May we have a reading of the motion as it was passed, please? Mayor Burk: Do any of you have it written down exactly as it is? Council Member Dunn: The one I just made? Council Member Dunn: The motion I just made? Mayor Burk: With the amendment. Council Member Dunn: The one that we're deciding now? Council Member Steinberg: No, the motion that we passed. Mayor Burk: That one passed already. Council Member Steinberg: I know it did. I want a reading. Vice Mayor Martinez: That's the problem with this whole mess. We haven't had a chance to discuss it, go over it. Twenty minutes may seem easy to some of you. I know I'm speaking out of turn and I apologize. This is ludicrous to sit here and start debating on how much time we're going to spend or all this other stuff. We should take the time and effort to make this letter and do it right. Like I said, as long as we all have a chance to have our input, I have no problem sending the letter to the Governor. But what we're doing tonight totally is not within our rules. Mayor Burk: All right. Thank you, Mr. Martinez. We have a motion in front of us. Mr. Steinberg, I'm going to rule your request out of order. We've already passed that. We have a motion to review the letter that's before us and make added changes if it takes less than 20 minutes. All in favor indicate by saying aye. Council Member Dunn: Aye. Mayor Burk: Mr. Dunn. Opposed. Council Members: Nay. Mayor Burk: Miss Fox, Mr. Steinberg, Mr. Thiel, Mr. Martinez, Mr. Campbell? I didn't hear Mr. Campbell's vote. Council Member Campbell: Nay. Mayor Burk: What did he say? He said nay. Okay, thank you, Mr. Campbell, and Ms. Burk. So that motion does not pass. It goes back to the other one, the original one. All right. That takes us to Council disclosures and comments. Mr. Campbell. Page 241 April 28, 2020 Council Member Campbell: Yes, I have no more disclosures. I regret that I was not able to give the invocation tonight due to technical difficulties. Mayor Burk: Would you like us to move you to the next meeting? I'm sorry to interrupt you, Mr. Campbell. Council Member Campbell: Excuse me? Mayor Burk: I'm sorry to interrupt you, but would you like us to move you to the next meeting for the invocation? Council Member Campbell: Yes. Mayor Burk: All right. Thank you. Keep going. Council Member Campbell: My thoughts and concerns do not just go out, I believe, to those who've lost family, friends, and those who have been struck by this illness. Those who have been overworked and overburdened with caring for those who've been sick, our first responders, and others in our community who have to continue their essential work and not able to be home with their families. Also, thoughts for how we conduct ourselves as citizens in our community to be respectful of each other and a sense of our health and our safety. That is probably most forefront for most of us, as well as the ability for all of us to observe and recognize that there is a disproportionate effect in our community. While we are a great community, I believe, of giving and of caring, it's at times like this about how we conduct ourselves that make all the difference. Those are some of the things I wanted to express. I do believe also as we move forward, that we do need to start looking forward to a road to recovery. That we just can't be reactionary in an environment where there is a lot of information, a lot of good information, but a lot of still different information. We still, at the end of the day, are going to have to decide as a Town, how we move forward. Could do it differently from the County and certainly in concert with the Commonwealth in terms of the legalities, but nonetheless we have a different impact on Leesburg that we have to be concerned about and how we move forward. We just can't continue to think that we can wait until June 10th or some other magic date that we start to talk about these things and we start to plan. It's going to take us more time and more energy to strategically plan our way to recovery than it took us to make a decision to close down or to look at other impacts that we're now still trying to evaluate particularly the financial ones on our community. We've been more than fortunate not to have suffered the full effects at this particular point of the Coronavirus but it will require us, I believe, as others that we're far from out of the woods, we're far from being safe as a community and we just can't open up. I also want to take the time to congratulate the new board members of the Waterford Foundation. I was privileged last Tuesday to be elected as a member of that board of directors. Christine Gleckner who's president, Jonathan Daniel vice president, Susanne Hale secretary, John Caron treasurer, Sharon Franck, Bonnie Getty, Annie Goode, Forest Hayes, Sarah Holloway, David Hunt, Paul Lawrence and Anna Rathmann. That is all and everyone please stay safe. Mayor Burk: Thank you, Mr. Campbell. Mr. Dunn? Council Member Dunn: I noticed it was not missed by me that our agenda was very light tonight. I know that a few weeks ago we decided to move some work session items off till June, but I would say that if we are going to hold meetings, have staff come down here, and have everyone else be exposed, we might as well have meetings. We should have these meetings start addressing some of those work items that were put off till June. I don't know what the expectation is for the next couple of meetings, but I know that one of the items that was put off that I'd like to have brought up at the next meeting if there's time, because I think it should be very brief is the confusing nature of our ordinance, regulations procedures, whatever it is, about providing water to out-of-town customers that are outside the JLMA. Page 251 April 28, 2020 Staff seemed to have had an understanding that they had the full ability to go into application review on that when our regulations clearly stated that the Town Council is supposed to decide on that first and that they were hanging their hat on the fact that the applicant didn't apply to the right department. In this case, they applied to Zoning and Planning instead of applying to the Town Manager. I didn't know that people were able to apply to any department they choose without our directing them to the proper location. The only thing that the instructions are for the Town Manager to make sure that it gets to the Town Council where they would decide on whether water is to be provided. If that is not clear to staff, then I think that we need to have a meeting that makes that clear and change the regulations if staff feels that it's needed to be changed. I would like to see us have that at the next meeting so that we can avoid these types of confusing issues albeit they are very rare, but obviously there was some confusion on this one. I think that it would behoove us to make sure that there's an understanding of the proper procedures for the current regulations or if there's some wordsmithing that we need to do with the current regulations, then so be it. Additions to other meetings, I would recommend that at our next meeting we review the items we took off our work sessions and bring those back to our regular meetings that we have on Tuesday night. While we remove the work sessions it didn't remove us from our responsibility of providing and doing our work for the citizens of the Town of Leesburg. Thank you. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Thank you Madam Mayor. I have no disclosures. In terms of comment I would just like to point out that I'm in absolute full sympathy with all the small businesses in our Town and the difficulties they're having. We are one of those businesses actually. In the past couple of months, we've basically seen our revenues dropped to practically zero. We will be entertaining the idea as to whether or not we manage to survive the pandemic when we come out on the other end. That's to be determined yet. I fully understand and appreciate all the pain that the businesses throughout the Town are undergoing at this point. That being said, I could not under any circumstances put my personal economic situation, or anyone else's for that matter, in front of the safety and the health of our residents and the public at large. So I hope everybody in Town appreciates the difficulty that we have and how hard the Council and staff are working and doing the best we can to deal with the situation which no doubt will still hold a variety of surprises for us before it's all over. Thank you. Mayor Burk: Thank you. Mr. Thiel? Council Member Thiel: I have no disclosures. I would like to wish my dad a very happy birthday. Quarantined happy birthday. He's the best father and role model I could have ever asked for. Without him, I wouldn't be the man I am today, so happy birthday, Pops. I hope all is well with everybody and I'm praying for all those affected by COVID-19. Thank you. Mayor Burk: Ms. Fox? Council Member Fox: Thank you. I would like to give out a quick condolence to one of our own here. Mr. Harry Tyson passed of COVID. He used to own Razzle Dairy Bar, Jerry's Florists. He's a kind man, always with a nice smile on his face and we will miss him. I wanted to let folks know that my main concern for the past six years has been our Leesburg citizens and Leesburg businesses. I appreciate the letter that Mr. Dunn wants to send. I think he's done that in a spirit of service. I think it's prudent for us to try and obtain some clarifying information when things seem murky and uncertain. I think the spirit of that letter is in order. I look forward to seeing what we come up with there and I do want the Town employees to know I appreciate you every bit as much as an ad in the Loudoun Times Mirror says and I just leave it with that. Thank you. Mayor Burk: Mr. Martinez? Page 261 April 28, 2020 Vice Mayor Martinez: Thank you. I have no disclosures. What I did want to say one is, we need to be more civil and I think Council Member Dunn's comments to our Town Attorney were inappropriate and not warranted. We have a Town Attorney, we look to him for advice, and just because our Mayor decided to ask him a question doesn't mean he has to respond the way he did. We should be more civil to each other and to our staff. I do know our staff is not out there to do a terrible job. They're out there to do a wonderful job and make the Town of Leesburg the best place to live in. What I wanted to do is ask Kaj. The EDC and other commissions that you think are appropriate, maybe work with them to facilitate the transition as we start opening up our businesses. 1 think we need to make sure we have plans in place that include our commissions and our local businesses in how we're going to transition. You may have already started doing that but if you haven't, I would like to have an idea how that could be done. I also wanted to say that I understand how the businesses are hurting and somebody is making a noise there. I can barely hear. Mayor Burk: What sort of noise? Vice Mayor Martinez: Somebody was moving stuff around. Let me — there it is again. Mayor Burk: Who's moving stuff around? I don't see anybody moving anything around. Vice Mayor Martinez: I was getting a bunch of noise. Anyway, we'll go back to about the business hurting and I'm doing what I can to support our local businesses. We're buying only from Leesburg businesses. Whenever we decide it's time to enjoy an evening out, we enjoy it out in the garage with [unintelligible 01:39:25] I really appreciate it. Talking about that, Peter Burnett, I really want to thank him and his [unintelligible 01:39:32] We've yet to donate to what he's trying to do in feeding people, but we do plan on soon as the next Social Security check comes in, we're going to definitely do what we can to help them. Congratulations to Mary Harper and Tom Toth for coming back to these commissions. I also wanted to make a note for you guys that my son-in-law in VCU in Richmond is working on the floor that handles all the COVID patients. One of the things that again, and we've heard time and time again, is that the last thing we want to do is stop the stay-at-home early and have a recurrence of the virus. Staying at home is painful but it's one of those things that the last thing I want to do is start walking out into town and all of a sudden we get another recurrence of the virus. I'm hoping the sooner the better. I was not happy-- There they are again. Mayor Burk: It's me, I bet it's me with my pen, Sorry, Marty. Sorry. Vice Mayor Martinez: I've never been scared of anything like this COVID virus in my life, and I'm just hoping that we can all go back to some semblance of normal and I can stop talking to you over WebEx and actually talk to everybody in person. With that, be safe, be healthy. We'll see you next time. Mayor Burk: All right, thank you, Mr. Martinez. I had a conversation with Mr. Chuck Kuhn. Well, actually I've had three or four conversations with him concerning West Park and the airport. He has just finished his hangar out there. I don't know who to thank for this, but my husband and I walk around town every night, and to our delight, one night, there was rocks everywhere painted, and they were lovely little rocks that have great little sayings on them. After feeling so bad, it was great to see these little rocks and pick them up and see these nice sayings. So I want to thank whoever did that. That was fabulous. Earlier in the week, I did an art video. The Commission on Public Art is doing videos on the public art that's in Town. I was fortunate enough to do the one with Stanley Caulkins, his statue and we're going to put it on a web page and Facebook and let people know that there is public art that they could walk around and look at right now if they wanted to. I'm continuing my outreach to the business community by spending three hours every day making phone calls to the business community, and have found them so resilient and so positive. It's a real inspiration during this very difficult time and I want to commend them for that. I also am supporting the local restaurants, I think I probably have put on 20 pounds since all of this by going to all the different restaurants and the carryout. I do thank them all for all their hard work and their Page 271 April 28, 2020 innovative new ways of trying to do business, and that's commendable. I know the Virginia Regional Commission had a conference call with Senators Warner and Kane, in which I expressed very strongly the need for the towns to be remembered. That as this stimulus money is coming from the Federal government, we need to make sure that it doesn't stop at the County that it ends up going to the localities. Both senators, especially Kane, who himself was a local mayor, both acknowledged that that is something that's very important and that they have kept that on their radar screen. We also had another conference call with Governor Northam where we did talk about the fact that why the June 10th date, is there a possibility it could be moved, and all of that. He did agree that as things change, the dates may change, but that public safety was the most important thing that he was looking at, but that he evaluates all of this on a regular basis. He meets with his cabinet and they talk about the different data that's coming in, so that is something that is being done at the State level. Tomorrow we will be doing a conference call with Mayor of Kiel, K-I-E-L, Germany. They are ahead of us in coming out of the virus pandemic and so they are just beginning to open. We are talking to this Mayor about what are they doing, what's Germany doing. Germany has been recognized for doing a really good job in dealing with this virus, and so that's very important for us to hear and we will be speaking with Secretary Navarro on Thursday. I want to reiterate that the responsibility at the Council is first and foremost health and safety. Until there is testing, it's awfully hard to say that we know what's going on and we are going to need help from the Federal government and the State government to get this testing done so we have a better picture of where we are, who's been sick, who hasn't been sick and where it's going. Most certainly, I want to thank the businesses for all their innovation and the fact that they're struggling is very painful. I wish there was more we can do but we are looking at it on a monthly basis trying to figure out if there are new things that we can do to help, but it's a difficult, difficult process. The only thing we need to know is that it is not just us, we're not alone. That's for sure. I want to thank all the first responders for all they're doing, and if you have the time to read the Loudoun Times Mirror, there's an ad there to thank our Town staff. I think it's really important that we recognize all the hard work that's being done behind the scenes and we appreciate all the effort that the Town staff is putting in to making this all work. If you had been here earlier to see the setting up of the WebEx and all the cameras and all of it you would have realized how hard everybody does work to make things work the right way. I want to thank you all, I hope everybody stays safe and Mr. Dentler do you have anything? Do I have a motion to adjourn? Council Member Steinberg: So moved. Council Member Thiel: Second. Mayor Burk: Seconded by Mr. Thiel. All in favor? Council Members: Aye. Mayor Burk: Opposed? All right. We are adjourned. Page 281 April 28, 2020