Special City Council Meeting 7/15/2020 Page 1 of 1

SPECIAL CITY COUNCIL MEETING

July 15, 2020 at 6:30 PM

City Council Chambers, 16 Colomba Rd.

DeBary, Florida 32713

AGENDA

CALL TO ORDER

Invocation

Flag Salute

ROLL CALL

PUBLIC PARTICIPATION: For any items ON THE AGENDA, citizen comments are limited to five (5) minutes per speaker. Speakers will be called when the item is introduced for discussion.

DELETIONS OR AMENDMENTS TO THE AGENDA (City Charter Sec. 4.11)

NEW BUSINESS

1. Request the City Council approve Resolution No. 2020-21, emphasizing the importance of wearing face coverings at all indoor locations and at outdoor locations where social distancing is not possible throughout the City of DeBary.

COUNCIL MEMBER REPORTS / COMMUNICATIONS

Member Reports/ Communications

A. Mayor and Council Members

B. City Manager

C. City Attorney

DATE OF UPCOMING MEETING / WORKSHOP

ADJOURN

If any person decides to appeal any decision made by the City Council with respect to any

matter considered at this meeting or hearing he/she will need a record of the proceedings, and

for such purpose he/she may need to ensure that a verbatim record of the proceedings is

made, which record includes the testimony and evidence upon which the appeal is to be based

(FS 286.0105).

Individuals with disabilities needing assistance to participate in any of these proceedings should

contact the City Clerk at least three (3) working days in advance of the meeting date and time at

(386) 668-2040.

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FA City Council Meeting City of DeBary

AGENDA ITEM

Subject: Resolution 2020-21 Emphasizing the Importance of Wearing Face Coverings

Attachments: ( ) Ordinance From: Carmen Rosamonda, City Manager (x ) Resolution ( ) Supporting Documents/ Contracts Meeting Hearing Date

July 15, 2020 ( ) Other

REQUEST

Request the City Council approve Resolution 2020-21, emphasizing the importance of wearing face

coverings at all indoor locations and at outdoor locations where social distancing is not possible

throughout the City of DeBary.

PURPOSE

The purpose is to minimize the spread of the COVID-19 virus and to provide encouragement and

education to DeBary residents and visitors to wear face coverings as appropriate.

CONSIDERATIONS

On March 9, 2020, Governor Ron DeSantis issued Executive Order No. 20-52 issued Executive Order

No. 20-52 declaring a state of emergency within the State of Florida.

On March 17, 2020, Mayor Karen Chasez signed Resolution 2020-06 declaring a State of General

Emergency in the City of DeBary. The City Council passed this resolution on April 22, 2020.

Recent rise in COVID-19 cases in DeBary and surrounding communities, it is important to

emphasize and educate the general public to wear face coverings to minimize the spread of the

virus.

The County of Volusia and the 16 municipalities have initiated a County-wide educational campaign

called Step Up Volusia. The purpose of this campaign is to emphasize importance and to change

behavior of the general public.

The DeBary City Council discussed the possibility of mandating masks be worn within the City on

July 1, 2020. It was clear the majority of the City Council did not want to mandate wearing

masks.

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The City of DeBary has purchased light pole and fence banners utilizing the Step Up Volusia signage

to emphasize, education and remind the general public to wear face coverings where

appropriate. This expense is eligible for reimbursement by Volusia County under the federal

CARES Act.

The City of DeBary has established a website and communicated essential COVID-19 through

various social media channels to DeBary residents.

Volusia County is developing and printing “cling” stickers for businesses to display in their store

fronts. The City of DeBary will be a distribution center for DeBary businesses.

The City of DeBary has approximately 21,700 residents. As of July 10, 2020, the City of DeBary has

approximately 161 accumulative cases.

COST/FUNDING

N/A

RECOMMENDATION

It is recommended that the City Council approve Resolution 2020-21.

IMPLEMENTATION

Once received, the City will install light pole and fence banners in key locations.

ATTACHMENTS Resolution 2020-21

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RESOLUTION NO. 2020-21

A RESOLUTION EMPHASIZING THE IMPORTANCE OF

WEARING FACE COVERINGS AT ALL INDOOR

LOCATIONS AND AT OUTDOOR LOCATIONS WHERE

SOCIAL DISTANCING IS NOT POSSIBLE THROUGHOUT

THE CITY OF DEBARY IN ORDER TO MINIMIZE THE

SPREAD OF THE COVID-19 VIRUS; RECOGNIZING

CERTAIN EXCEPTIONS; PROVIDING FOR EXPIRATION;

AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness

that can spread among humans through respiratory transmission and causes symptoms like those

of influenza, and in some cases death; and

WHEREAS, on March 13, 2020, President Donald J. Trump issued a Proclamation Declaring a

National Emergency concerning COVID-19; and

WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order No. 20-52,

declaring a State of mergency in the State of Florida, and on May 8, 2020, Governor DeSantis

issued Executive Order No. 20-114, extending the state of emergency for an additional 60 days,

and on July 7, 2020, the Governor issued Executive Order No. 20-166, further extending the state

of emergency another 60 days until September 5, 2020; and

WHEREAS, the County of Volusia declared a State of Local Emergency on March 13, 2020,

which has been extended for additional periods of seven days each effective, March 24, March 31,

April 7, April 14, April 21, April 28, May 5, May 12, May 19, May 26, June 2, June 9, June 16,

June 23, June 30, and July 7; and

WHEREAS, the Mayor Chasez signed Resolution 2020-06, Declaration of State of General

Emergency on March 17, 2020, which was later approved by the City Council on April 22, 2020;

and

WHEREAS, between March 17, 2020 and the date hereof, Governor DeSantis issued several

Executive Orders placing numerous restrictions on individuals and businesses in response to the

state-wide threat of the spread of COVID-19; and

WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order No. 20-112, as

modified by Executive Order No. 20-120 on May 9, 2020, and Executive Order No. 20-123 on

May 14, 2020, in response to the recommendations set forth in Phase 1 of the plan issued by the

Task Force to Re-Open Florida, and adopted a phased approach to remove or decrease certain

restrictions imposed pursuant to Executive Order No. 20-91, Safer-at-Home Order; and

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WHEREAS, on June 3, 2020, Governor DeSantis issued Executive Order No. 20-139, moving all

counties in Florida, other than Miami-Dade, Broward and Palm Beach Counties, into Phase 2 of

the plan issued by the Task Force to Re-Open Florida, which Order supersedes Executive Order

No. 20-91, the Safer-at-Home Order, and supersedes in part, and extends and modified other

provisions of, Executive Order No. 20-112; and

WHEREAS, on July 7, 2020, Governor DeSantis reiterated that Phase 2: Safe. Smart. Step-by-

Step. Plan for Florida’s Recovery, as implemented by Executive Order No. 20-139; and

WHEREAS, based on recent information and data from the Florida Department of Health, the

number of confirmed cases of COVID-19 in Volusia County has increased significantly since

additional re-openings were authorized under Phase 2 of the Governor’s Plan for Florida’s

Recover, which increase may result in additional deaths; and

WHEREAS, in response to the dramatic increase in COVID-19 cases, the Florida Medical

Association, the state’s largest physician’s organization, encourages all local officials to adopt

regulations requiring individuals to wear face coverings in public places; and

WHEREAS, based on advice from medical professionals the number of confirmed cases of

COVID-19 in Volusia County and the City of DeBary will increase exponentially if additional

measures to stop or slow the spread of COVID-19 are not instituted; and

WHEREAS, the United States Centers for Disease Control and Prevention (“CDC”) has expressly

found that: “COVID-19 spreads mainly from person to person through respiratory droplets

produced when an infected person coughs, sneezes, or talks. These droplets can land in the mouths

or noses of people who are nearby or possibly be inhaled into the lungs. Studies and evidence on

infection control report that these droplets usually travel around 6 feet (about two arms lengths)”;

and

WHEREAS, COVID-19 can be spread by individuals who are asymptomatic, where the individual

has no knowledge of being infected and shows no symptoms and the infectious droplet nuclei from

sneezing, speaking, or coughing can spread for a for a great distance, although how far is not fully

understood at present; and

WHEREAS, the CDC therefore specifically recommends that as businesses, government

buildings and communities reopen, and people resume their daily activities, people should wear

face coverings to slow the spread of COVID-19, particularly “in public settings where other social

distancing measures are difficult to maintain;” and

WHEREAS, consistent with Governor DeSantis’ Executive Order Number 20-52, as extended,

modified or amended, § 252.38, Florida Statutes, and Article III of the DeBary Code of

Ordinances, the City Council is authorized to make such orders and rules as are necessary to ensure

the health, safety and welfare of the community during a state of emergency; and

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WHEREAS, mitigating the effects of COVID-19 and protecting the health of its citizens, business

owners and visitors is a high priority of the City of DeBary; and

WHEREAS, the City Council for the City of DeBary finds that it is in the best interest of the

public health, safety, and general welfare that the following resolution be adopted.

IT IS HEREBY RESOLVED BY THE CITY OF THE CITY OF DEBARY AS FOLLOWS:

SECTION 1: Findings.

The above recitals are adopted by the City Council as its legislative findings.

SECTION 2: Definitions.

“Face Covering” means a breathable uniform piece of material or fabric, whether store-bought or

homemade, that securely covers a person’s nose and mouth and that fits snugly against the sides

of the face so that there are no gaps. Such covering should remain affixed in place without the use

of one’s hands and worn in accordance with the CDC’s guidelines as published at:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-wear-cloth-face-

coverings.html

“Social Distancing” means keeping space between oneself and others by staying at least 6 feet

(about 2 arms’ length) from other individuals.

“Companion” means a person by whom one is accompanied.

SECTION 3: Face Coverings Important and Necessary to Minimize the Spread of Covid-19.

a. Every person living, working, visiting or doing business in the City of DeBary,

including within government buildings under the jurisdiction of the City, is strongly encouraged,

in the absence of social distancing, to wear a face covering in any indoor location other than inside

a home or residence.

b. Every person living, working, visiting or doing business in the City of DeBary is

strongly encouraged, in the absence of social distancing, to wear a face covering in any public

outdoor location.

c. Nothing herein shall require or allow a person to wear a face covering to conceal

the identity of the wearer in violation of the applicable provisions of Chapter 876, Florida Statutes,

which pertain to the wearing of a mask, hood, or other device.

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d. All businesses should consider the importance of requiring business invitees to

wear a face covering where social distancing is not available to minimize the spread of the COVID-

19 virus.

SECTION 4: Exceptions to emphasizing the importance of wearing face coverings in both

indoor and outdoor locations.

Regardless of the foregoing, the City recognizes that the following persons in the following

situations may opt not to wear a face covering under the following circumstances.

a. Persons under the age of two years; and

b. Persons observing social distancing in accordance with CDC guidelines; and

c. Persons for whom a face covering would cause impairment due to an existing health

condition; and

d. Persons working in a business or profession who do not have interactions with other

persons; and

e. Persons working in a business or profession who maintain social distancing from

another person; and

f. Persons working in a business or profession where use of a face covering would

prevent them from performing the duties of the business or profession; and

g. Persons exercising, while maintaining social distancing; and

h. Persons eating or drinking; and

i. Public safety, fire, and other life safety and health care personnel and workers, as

their personal protective equipment requirements will be governed by their respective agencies

and best practices rules and guidelines; and

j. Persons communicating with one or more hearing-impaired individuals who need

to see the mouth of someone wearing a face covering in order to communicate.

SECTION 5: Conflicting Resolutions. That all resolutions or parts thereof that conflict with this

resolution are hereby rescinded and repealed.

SECTION 6: Effective Date. That this resolution shall take effect immediately upon its final

adoption and shall automatically expire upon termination of the local state of emergency that has

been declared by the City as a result of COVID-19.

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RESOLVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF

DEBARY, FLORIDA, THIS 15th DAY OF JULY, 2020.

BY:

Karen Chasez, Mayor

ATTEST:

Carmen Rosamonda, City Manager

___________________________________

Annette Hatch, City Clerk