Special City Commission Meeting

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Special City Commission Meeting Tuesday, July 7, 2020 5:30 PM Deltona Commission Chambers A. In an effort to reduce the possibility of exposure of residents to the COVID-19 (Coronavirus) we have limited public seating inside the Commission Chambers and are practicing social distancing with the City Commission, staff and residents. 1. CALL TO ORDER: The meeting was called to order at 5:30 p.m. 2. ROLL CALL – CITY CLERK: Present: 7 - Commissioner Avila-Vazquez Commissioner King Commissioner Nabicht Vice Mayor Ramos Mayor Herzberg Interim City Manager Cooper City Attorney Absent: 1 - Commissioner Bradford 3. PLEDGE TO THE FLAG: Mayor Herzberg led everyone in the pledge to the flag. 4. BUSINESS: A. Discussion regarding a proposed Emergency Resolution No. 2020-47 regarding face masks in the City of Deltona due to COVID-19. - Interim City Manager Dr. Cooper, (386) 878-8852. City Attorney Segal-George gave a brief explanation of the resolution which emphasizes the wearing of face masks in order to minimize the spread of COVID-19. This is not a mandate and does not require anyone to wear masks, there are no penalties or fines and nobody will be stopped for not wearing a mask. The City is concerned about the residents and the importance of wearing face coverings. Again, this resolution does not mandate wearing masks and only encourages it. The resolution includes exceptions for wearing a mask even though it only encourages people to wear masks and she went through the City of Deltona Page 1 Printed on 7/8/2020 Special City Commission Meeting Minutes July 7, 2020 exceptions. Florida Statutes (F.S.) 876.12 through 870.15 makes it unlawful to wear a mask. Under F.S. 876.155, this prohibition of mask wearing only applies when there is also evidence that there is an intent to intimidate other people, deprive them of equal protection under the law or engage in criminal conduct. So that does not apply to the situation that we are in with COVID-19. Mayor Herzberg opened the public comments. Mark Secrest, 3161 Canby Drive, Deltona, spoke about the masks not being mandated, what kind of mask do people wear, if the masks help other people, other cities' mandates and masks protecting those wearing them. Natalie Peterson, 1313 Star Court, Deltona, spoke about cloth masks and studies on them, a person being harmed if masks are not worn correctly and do not social distance correctly, she read information from the CDC (Center for Disease Control) website regarding tests studied, influenza, and virus transmission. She is worried about healthy people getting sick from wearing masks. Maria Vigo, 2609 Transboro Drive, Deltona, spoke about wearing a mask reduces the pandemic and the number of affected, not having numbers for the July 4th weekend, she is in favor of the mask, and not wanting to infect her family. Steven Jones, 2807 Grayton , Deltona, spoke about the virus being spread by touch, what the mask is for, the rise in cases in Florida, people taking personal responsibility for thier actions, taking care of the community, with freedom comes responsibility, it is his right to not get sick from someone else, and he suggested when in contact with someone wear the mask, it is simple. Richard Bellach, 1665 South Acadian Drive, Deltona, spoke about being in favor of wearing masks, people in stores not wearing masks, people not being able to afford masks and gloves, setting up something for the kids in the City to be able to have masks, social distancing, and for the City to set up a fund to purchase masks for those that cannot afford it. Melissa Edgington, 789 Sullivan Street, Deltona, spoke about wearing a mask not being her choice, her family having to work and wear masks while at work, the difference mandatory masks have made, wearing masks is safer for everyone, the library offering masks as well as cities and counties, the cost of masks, having masks readily available and having consequences for not wearing a mask. Brandy White, 2689 Chalmer Street, Deltona, spoke about the residents being confusioned, the definition of the word endeavor, that the resolution does not do anything so why have it, not following the lead of others, that people will continue to do what they do, parents flooding VCSO (Volusia County Sheriff's Department) with unnecessary calls, people needing to protect themselves, PPE (Personal Protection Equipment) improperly City of Deltona Page 2 Printed on 7/8/2020 Special City Commission Meeting Minutes July 7, 2020 being used, and keeping up with "mask up step up volusia and educate the public. Elbert Bryan, 1625 Joyner Drive, Deltona, spoke about the podium and the microphone that everyone spoke at, leading from behind, putting "meat" behind the Commission's decision, that social distancing should be physical distancing, and the mask rule making no difference because it is how far someone's spit goes, it is simple. Patty Gibson, 230 Courtland Blvd., Deltona, spoke about having a hard time with the mask, N99 masks with filter, government not deciding what is best for her, HIPPA (Health Insurance Portability and Accountability Act), a person should wear a mask if it makes them feel better, what education has the City done and what has the City provided to their employees, her constitutional right and what CDC recommendations. Yorelis Navas, 1237 Sacramento Street, Deltona, spoke about Jacksonville, Seminole County, Leon County, St. Augustine, and Miami-Dade are all being sued. She also spoke about the City's debt, her son, that she does not wear a mask, what store employees wear, cross contamination, wearing a mask not helping, everyone needing to wash their hands, her experience being a CNA (Certified Nurses Assistance), forcing people to wear masks, that she cannot wear a mask, and people should stay home so they are not exposed. Mayor Herzberg closed the public comments. City Attorney Segal-George stated again that the resolution is not a mandate, but an encouragement. It encourages residents to wear a mask if social distancing cannot be done and there are no penalties. Commissioner Avila-Vazquez stated what works for one does not work for others. She provided some numbers of Deltona residents who have tested positive and homes that have been flagged. She received a letter from the Air Force who has made wearing masks mandatory. She read part of a news article that stated the Pentagon bans service members from traveling to certain states and on Monday the Department of Defense announced the following three U.S. states are prohibited for travel by its service members because of the constant spreading of COVID-19, California, Florida and Michigan. She has received emails from both people opposed and in favor of wearing masks. This virus is serious and is not a joke. Commissioner King stated he is a seven year Veteran and when he worked for the military he did what he was told, the same as other employees. He believes the resolution is a waste of time because it is a suggestion and there is no penalties. City employees are not wearing face masks which is hypocritical. He will wear a face mask when he feels he should such as being in a closed space. The citizens should be able to make the decision whether to wear a mask or not. If the City mandates wearing masks it will be sued and the City would have to provide face masks for all the residents. Motion by Commissioner King, to deny Emergency Resolution No. 2020-47. Motion died for lack of a second. City of Deltona Page 3 Printed on 7/8/2020 Special City Commission Meeting Minutes July 7, 2020 Vice Mayor Ramos stated the City started working with Volusia County on their educational campaign which originally was only going to be about masks, but they realized it is also about washing hands and social distancing. The City has been willing participants with the Step Up Volusia Campaign "Wash Up, Back Up, Mask Up". There has to be some type of personal responsibility and that he will continue to Wash Up, Back Up and Mask Up. Commissioner Nabicht stated this is intended to encourage people. The City could of mandated wearing masks and yes, it may of been sued. Mandating masks should come from the Federal government or the State and done uniformly across the State of Florida. What is being done now is not working and the numbers continue to rise. Another hurdle is the opening of schools in the next few weeks which will be very controversial. Wearing a mask by itself is not going to stop the virus, but education, washing hands and thinking about the other person will all help the spread of the virus. Everyone can encourage each other to be informed and this resolution is an attempt to try and inform the public that these are some things everyone can do to protect themselves and their neighbors. Mayor Herzberg stated she called this meeting and she knows she will be criticized for not calling it early enough, calling it too late, or calling it at all, but it had to be done. The Commission needed to have a discussion with the public as to what the pulse is on this topic. She acknowledged all the people who called in or emailed the City regarding the resolution. The numbers of cases is increasing and the hospital beds are being filled up, but the issue is hospital staffing shortages. The greater issue for everyone is the health care situation that everyone is going to face in the State of Florida. The State has waived the requirement for ICU (Intensive Care Unit) to make it so a standard nurse can care for those patients. There is a lot of talk about economic development and that we cannot afford to shut down again which is true. Some people are out of work or out of work again, the bar industry. The flip side is something called "consumer confidence" and what kind of consumer confidence is the State of Florida, County of Volusia and the City of Deltona instilling in the people who want to come here. The perception for anyone outside the State of Florida to come here to spend tourist dollars is not good right now. It behooves all of us that want to keep the economy going and reopen to do the best we can to keep ourselves safe, the vulnerable in society safe, and our kids safe. Motion by Commissioner Nabicht, to approve Emergency Resolution No. 2020-47 and upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents to further Commission approval of this item. Vice Mayor Ramos stated before he seconds the motion, is there a way to add language regarding the City's involvement with Step Up Volusia so it is clear that the City is part of an educational system and continued to work with them. So within the resolution stated the collaboration with Step Up Volusia which is about "Wash Up, Back up, Mask Up" because he would feel more comfortable with that. Interim City Manager Dr. Cooper replied sure, staff can add that to the resolution. City of Deltona Page 4 Printed on 7/8/2020 Special City Commission Meeting Minutes July 7, 2020 Vice Mayor Ramos asked if Commissioner Nabicht was okay with that and Commissioner Nabicht replied he was okay with that. Amended Motion by Commissioner Nabicht, seconded by Vice Mayor Ramos, to approve Emergency Resolution No. 2020-47 and upon approval of this item authorizes any and all necessary actions, documents or budget transfers to facilitate Commission approval and further authorizes the Interim City Manager to sign any documents to further Commission approval of this item. Also, to add language that the City supports and continues to work along with the Step Up Volusia Campaign to "Wash Up, Back Up, Mask Up" educational campaign. The motion carried by the following vote: For: 4 - Commissioner Avila-Vazquez, Commissioner Nabicht, Vice Mayor Ramos, and Mayor Herzberg Against: 1 - Commissioner King Mayor Herzberg asked that the final resolution be placed on the City's social media so it is clarified for everyone, some sort of a link. She also asked for any information or links for where free masks are being provided. Vice Mayor Ramos confirmed the Health Department is giving out free masks. Mayor Herzberg asked if anyone knows where free masks are being given out to put those places out on social media as well. Commissioner Nabicht asked if the CARES Act (Coronavirus Aid, Relief and Economic Security Act) money from the county covers any of that and Vice Mayor Ramos replied part of the CARES Act from the county is being used on Thursday for the businesses community at The Center between 9:00 a.m. and 4:00 p.m. All they have to do is come show a business card, sign a piece of paper and the person gets a kit that was prepared by all the chambers within the county last week. Commissioner Nabicht asked if there is any information about what the Volusia County School Board may or may not be doing or planning to do in terms of providing masks and hand sanitizer. Has the school board received CARES ACT money to be able to fund those supplies or does the City qualify to get those supplies through the CARES Act so that the City can partner up with whomever is going to do a backpack giveaway to make sure those items are included. Interim City Manager Dr. Cooper replied he will reach out to the school board tomorrow to see. Mayor Herzberg suggested reaching out to Volusia County because they are the ones providing all the CARES Act funding and providing things like PPE. Vice Mayor Ramos stated he understands there is going to be a second wave for the businesses. He suggested having a conversation with the chambers, that instead of the second wave being for the businesses, it might be for education. City of Deltona Page 5 Printed on 7/8/2020 Special City Commission Meeting Minutes July 7, 2020 5. PUBLIC FORUM: Citizen comments are limited to issues and concerns not on the agenda and comments on items listed on the agenda will take place after discussion of each item. Please be courteous and respectful of the views of others. Personal attacks on Commission members, City staff or members of the public are not allowed, and will be ruled out of order by the Mayor. None. 6. CITY MANAGER COMMENTS: None. 7. ADJOURNMENT: There being no further business, the meeting adjourned at 6:34 p.m. ______________________________ Heidi K. Herzberg, MAYOR ATTEST: ________________________________ Joyce Raftery, CMC, MMC, CITY CLERK City of Deltona Page 6 Printed on 7/8/2020