Aug 12, 2021 City Council on 2021-08-12 4:00 PM (EMERGENCY MEETING)

We're going to move on. And good afternoon. Welcome to this emergency call meeting of the Denton City Council. It is 4 1 PM and we are going to go directly in the closed session to start this. But just for those following along, we have a closed session item. Then we'll come out of closed session. We are going to have some space for an action item saved on the agenda after that. So that's the schedule of events. First, I will convene the closed session at 4 1 PM. We will consider the following items. Consultation with attorneys under the Texas government code 551.071. So we are in closed session and I will move on to the emergency call meeting. Or someone give me a thumbs up when we're all. >> Good afternoon. Welcome back to this meeting of the Denton City Council special call meeting. It's titled emergency meeting. And we're back on the record after the initial closed session. We have a couple items. We have some cards. I'll parse through that. But let's see. So the first thing, I'll call the item. It's only one. It's item A, ID 211769. Receive report, hold discussion, give staff direction regarding the local disaster response, COVID-19. >> I do have just a very brief presentation to set it up for council discussion. One second while I bring that presentation up. So this is a work session for city council to discuss potential face covering requirements. By way of background, the city has held a number of work sessions over the last year and a half for staff to provide updates on the city's response to COVID-19. Our last work session was held on Tuesday. During this work session, staff provided a number of updates to city council in regards to COVID-19, including a situational update with a number of statistics, cases, hospitalizations, vaccination rates, and so forth. We also provided information on all the vaccine resources available in the community, in addition to city council providing direction on additional programs to try to help increase vaccination efforts in the community using some of the American rescue plan dollars. During the course of that discussion, city council, some members of city council indicated an interest in discussing further face covering requirements inside city facilities and/or additional face covering requirements applicable to the public. Subsequently, after that work session on Tuesday, a number of council members requested an emergency meeting, which is why we are here today. And I'm just going to go through a few slides just to provide some brief background and then again turn it over for council discussion. So this is executive order, GA 38. We went through this on Tuesday in more detail, but this is Governor Abbott's current order in regards to COVID-19, and it combines several prior existing orders. Two main points to highlight in this order, statewide order, are vaccinations and masks. So the order clearly states that no government entities can mandate an individual to get vaccinated or cannot adopt or enforce any measures to require an individual to provide documentation of their vaccination status. And then secondly, in regards to masks, it also prohibits any government entity from requiring or mandating a mask, and there is a penalty in that order as well from Governor Greg Abbott. Since that time that he issued that order on July 29th, there is a few school districts, a couple of counties that have taken the action to defy his order and mandate masks in different ways, and some of those are proceeding through the courts and in different ways as you have been briefed, and Governor Greg Abbott has come out very publicly to say that he intends to defend GA 38 and take any action against government entities or officials that are in violation of his order. In addition, one other thing to mention here, businesses and private entities still have the option to require masks for their employees or any visitors into their premises. They have had that ability throughout the pandemic. Next, just by way of background, again, to provide some information and what we have done as a city organization proactively as we have been monitoring the cases of COVID-19 in the community and some actions we have taken to hopefully reduce the risk of transmission in city facilities and for our city workforce. So went through this on Tuesday but just very high level for the public. We have taken action to allow remote work where possible through the end of -- at least through the end of August. This is just to reduce the number of individuals in our city facilities and reduce that risk of transmission. We are also highly encouraging face coverings per the CDC recommendations. We take that very seriously. We are asking and encouraging our employees to wear face coverings when they are inside. And as leadership team, we are trying to demonstrate that as well. We are also using virtual tools, going to back to virtual meetings instead of in-person meetings in city facilities as much as we can. We revisited the public meeting schedule for August, canceled meetings where there wasn't any urgent items or delayed those. We have also continued to do contact tracing and really big kudos to our HR department that is working to do this diligently very long nights and weekends to notify anyone that may have had a potential exposure in our facilities or in our workforce. In addition, our city facilities are remaining open at this time, but again, we're having minimum staffing since so many employees are working remotely where they can. We've updated the signage at all of our city facilities to also inform the public of what the current CDC recommendations are. And we're also benefiting from a number of facility modifications that were made throughout the last year to reduce, again, the risk of transmission in city facilities. And we'll just continue to monitor the situation as it goes. So that's a review of some of the information we went over on Tuesday. That's pertinent to today's discussion. As council moves into this policy discussion, if you would like to defy the governor's orders and require face coverings, a number of questions that you may want to consider and that could be discussed as really what is the goal of that action. And then how would it -- what would it apply to? Does it apply only to inside city facilities? Is it limited to our city property? Does it try to go beyond and also be applicable to portions of the public or certain segments, whether that be schools or child care centers or even going further to mandate it for any commercial entity in the city? And a number of other questions there that you can see on the screen, but really what would be the parameters of the order that council is seeking? And then some additional considerations as you have this discussion. We have not had the opportunity to really widely promote or ask for feedback on any potential order from our community or from the businesses that may be impacted if businesses are a consideration. The challenges and realities of education and enforcement. So while if there is a face covering requirement, we can do education on what that requirement is and try to work with individuals and businesses. We will be very limited in any enforcement of an order. And we've talked about those challenges when we had a prior order in place. It is extremely difficult, made even more difficult now that the governor has a statewide order and people are aware of that. And I'm happy to talk more through and answer any questions in regards to education and enforcement depending on the parameters of what you're seeking to do. And then lastly, potential litigation impacts and costs. The governor has very publicly stated that he intends to defend GA 38 and that may mean some financial consequences in order to defend any action that the city may take that is contrary to the governor's order. So lastly, staff is here to answer any questions you may have. And if direction is given, we'll begin to prepare a draft order of counsel that could be considered here tonight. And we need to take a break in order to draft that. Or it could be considered at a later time or take any other direction in regards to this item. So I'll take it down for any questions. >> Okay. And just, Ms. City Attorney, I have a question. So I have four blue cards wishing to speak on the item for individual consideration. Is it within the chair's purview to call that early so that they're not waiting here hours on end listening to us? >> Yes. The requirement is just that they be able to speak ahead of any action item. So if you wish to have that done early, that is permissible. >> Okay. And so let me ask -- I may have -- I may take those comments first. >> Okay. >> But let me see. So Derek Murray. Okay. And then Jeanette Fudge. Okay. And Nicholas Stevens. Nicholas Stevens. Okay. And Chris -- thank you. Okay. Well, I'm going to call item -- the work session -- pardon me -- the individual item for consideration and allow them to speak before we -- that way staff could address the questions while they're here, and they're not here for a prolonged amount of time. I appreciate you participating in the process. So I'll call item of -- yes, sir? >> For the people that -- we feel part of that person being the speaker and not present, maybe expecting the item to be later? >> Are they going to be given the opportunity to speak later if they occur? >> Yes. >> If they appear? >> Yeah, yeah. It's not a foreclosure on it. Just don't want to have to make them wait. >> Okay. Thank you very much. >> All right. Item ID 211771, consider an ordinance of the city of Denton confirming the effective period for the -- effective period of the state of local disaster related to COVID-19 emergency. So I'll call that. I'll call these in order. I have them here. So Derek Murray, if you could come up, and I think -- are we using the microphone in the back there? Is that right? Or the podium? Podium, please. And then you'll have four minutes. And if you can give your name and address, and then your time will start. Please and thank you. >> Thank you, Mr. Mayor, councilmembers. My name is Derek Murray. I live at 4516 Rome Drive in Denton, Texas. I live in Mr. Davis' district. I just don't know how we got to this place. The science and the medicine have told us exactly what we need to do. And I think that we should listen to them. You know, one of the -- the first question that man asked of God in the Bible is, am I my brother's keeper? You know that God didn't answer that question. Not immediately, anyways. I think we should all consider the impact that we have on our community and the choices that we make. Everyone should have the right to make the choices that they want in their life. But we make laws when those choices impact other people. And when people don't wear masks and don't get vaccinated, we're just dragging this out further and longer. We all love this country. We all want things to get back to normal. I hate wearing this mask. But I go about my life. I continue to do what I can to make sure that people are safe and healthy and contribute to this country. And we are best suited to beat this thing. Wearing a mask doesn't impose that big of a deal on us. It's a simple thing. I think of the sacrifices that men and women have made in service of this country, dying for this country. And us complaining about it. And we know that people don't always make the best choice. We keep hearing people should make their own choice, what's best for them. But we're seeing people going, you know, when the CDC says you don't have to wear a mask if you're vaccinating more and the signs went up at the Kroger, nobody was wearing a mask anymore. Today Mississippi announced that 1,000 children after a week of school are infected. That's one state in the state. That's another state in the state. That's another state that's one state after a week. Mississippi's hospital system is less than 10 days from collapsing. And I know I don't have much time left, so I want to make this point. Governor Abbott has made a career of fighting the federal government and mandates on that state. And I have agreed with a lot of what he has said and done over the years. I am a Republican without a home right now. And then he turns around and through an executive order tells local government, Governor Abbott's order is as hypocritical and immoral as it is suicidal. And marching these children into classrooms without minimal protection, minimal protection, is generational manslaughter. We have the tools to stop this thing. And we're just ignoring it because of our political alignment and loyalty to a man who put his own ambitions above this country. The former president told us that the vaccine was coming and cheered it on. And the day that he lost, he decided to stop talking about vaccinations because he doesn't care about anybody in this room, anybody in the city, or anybody in this state. And that's just the facts. We are marching millions of children in the classrooms and thousands of them are going to die as a result of Governor Abbott's decision. My time is up. I thank the council for letting me speak today. God bless this country. >> Thank you for being here. God bless you. Okay? Next is Jeanette Fudge, please. >> Good afternoon, everybody. >> Good afternoon. And again, if you can give your name and address and you have four minutes. >> My name is Jeanette Fudge. My address is 2400 Summer Trail Drive in Texas. The reason why I stand here today is because I just spoke to you all in reference to Governor Abbott's decision. I myself -- I have grandkids that's in school. And my heart goes out to every child, not just my grandchild, but every child that is attending school. And the decision that's being made, I think, is really cruel. And you as parents and grandparents, I'm sure you all have kids in school, grandkids in school, put yourself in our place or in the other parents' place that's having to drop their kids off in school every day and wonder when they get home or when they pick them up from school if they're going to be sick or if they're going to have to go to the doctor. They can't get vaccinated. Our younger generations cannot get vaccinated. And I think it's selfish for the governor, like was stated. I respect him as a governor, but I don't respect his decision. And you that's in power that can control this and that can stop this, what you can because if every other county has done this, I know Dent County can do it if you choose to do it. We just ask you to hear our voice, take into consideration, you as a dad, you as a mom, grandmother, grandmother, dad, Mr. Huxpeth, grandfather, parents, all of you. Just take that in consideration. You know, hear our hearts. My time is up. Thank you. >> Thank you very much. Appreciate it. Okay. That takes us to the last blue card I have but if you care to speak on the individual item, I'll take -- there's a blue card there in the hallway. Oh, you did. And it's Nicholas? Awesome. Thank you. So just a second and I'll call you. So we'll take Chris, and I don't want to say your last name wrong so I'll listen to you say it and then I'll repeat it. If you can come on down. >> Thank you, sir. If you can give your name and address and you'll have four minutes. >> My name is Christopher Gomez. I live at 2700 Colorado Boulevard in Texas. Obviously the thing that we're talking about is the Delta variant. CDC says that this virus is more infectious. It leads to higher transmission even in vaccinated individuals even though it is more rare. We're also -- let's believe that this can cause twice as many infections as any other variant. Also, according to the CDC, two studies in Canada and Scotland suggest that patients with Delta are more likely to be hospitalized than those with the alpha or the UK variant and the original strain. We're most concerned about unvaccinated individuals, including children younger than 12, who are and will be attending schools now. Dr. Matt Richardson, the director of public health of Denton County, has said to paraphrase as of yesterday that children are the most at risk for this virus that spreads as easily as chicken pox, and therefore the best option is to have as many people vaccinated as possible and for children to have masks. He also went on to say that from his standpoint, the public health standpoint, we must protect the unvaccinated, especially because with every case of a child being sick with COVID, there may be up to seven that have been exposed. He also expressed that with these new infections, we only further the new mutations emerging that can be even deadlier than the ones that we have seen so far. My biggest concern is that at UNT, we begin classes on the 23rd in person. We have students coming in from everywhere, and they come back to campus. We'll be mingling amongst each other. Kids go back home, weekends, we don't know how quickly this can spread within Denton, especially when these students go out to the community, local restaurants and bars, passing each other every day. Forth, ISD, the school district that educated me, has now implemented a mask mandate for all K-12 schools. If Fort Worth, along with other school districts, have the courage to defy the governor, then I believe that you should all stand with them and implement a mask mandate to protect the public. I know that one of the parts of the consideration is that there wasn't much chance of public input, so here we are, giving our input. During this last pandemic, in 2020, when the pandemic was at the height, my grandmother suffered two strokes, and while she was in rehab, because of COVID restrictions, I did not get the chance to be with her physically. I spoke to her through a glass, and when I had brought my partner to meet her, the first person I had ever brought home to visit my family, she couldn't have the opportunity to embrace her, which is a big cultural and personal significance to me, and I don't want anybody else to experience something like that, the opportunity to hold close those who they care about and love, and I believe that this mask mandate, should it go forward, can prevent all of that from happening. The last thing that I want to say of the consideration of cost of the governor, wanting to defend his executive order, I don't think that a dollar price is too high and shouldn't be more than any single human life, especially here in Denton. I appreciate you guys being here for giving this emergency meeting, and, yeah, thank you for your time. >> Thank you. Appreciate your comments. Sorry to hear about your grandmother. Thank you. Okay. Got it. That takes us to Nicholas Stevens. Hi. So if you could please give your name and address, and then you'll have four minutes to speak. >> Yeah. My name is Nick Stevens. Address is 417 Amarillo Street. I want to thank you all for being here today, and I'm really sorry that you have to be here. You know, as an aside, I think this is a really important time to mention. Maybe at some point you all should consider salaries that are livable for yourselves, because this is a full-time job, and so I hope you consider that soon. This is wild, and I'm sorry that you're here specifically with so many parents on our council because of the fact that it was your children's first day of school today, and regardless of where you are on this topic, they're stressed out today, and you should be home at the dinner table with them, hugging them, embracing them, having dinner with them, talking to them because they're stressed, but instead you have to be here because there is an emergency, and I would much rather be here complaining about some of these roads near my house, like on Hickory Street where I get car sick, but I can't do that because people are dying, and unfortunately facial coverings have been politicized. It's got to stop, and you have the authority to fix that. I am so tired of how much this has been politicized when today 621,000 of our brothers and sisters are dead, and unfortunately the governor is standing idly by doing nothing. I know that there's a thousand-dollar fine. You'll have to ask your city attorney if this is acceptable. I'm more than happy to pay that fine. I am a small business owner. I've been a resident for 15 years. I think I've voted in every municipal election, and I think I know all of you, and even though I don't always agree, I know that all of you have the heart of Denton, regardless of where you stand on any issue, that you always are looking out for us. I'm just asking that right now you take the opportunity to think about right now what you can actually do to save lives. I don't think it would be appropriate at this point to go ask a judge permission. I think right now there's two different sayings off the top of my head. When a law is deemed immoral, you have no obligation to disobey it, and I think that this is that opportunity to do that, not to wait any longer. This idea of we can't enforce it, we've never been able to enforce it. The county sheriff didn't allow us to enforce it, yet people still complied. So the question then is, if you can save one life, is this kind of mandate worth it? And it's worth it. I know that all of you know that. I would just ask that you not bail to a wannabe monarch who is harming our children, who is harming the elderly, who's harming the immunocompromised, and frankly is also harming unvaccinated people. This is not binary. We can implore our friends and family to get vaccinated while also having masks mandated right now, and so I am pleading with you that you don't take any sidesteps, but immediately draft an ordinance tonight to please do that. I'm begging you, I'm tired of people dying. I've told a few of you on counsel today. I have a 30-year-old friend who is vegan who runs a grocery store and runs five miles a day who unfortunately did not get vaccinated and is intubated at Fort Worth Hospital right now. He's declining in health because we're not mandating vaccines and we're not mandating masks. We got to get our act together. I know that you're going to be convinced otherwise tonight that you really shouldn't do this, that there's really some legal consequences, but I'm just asking you to use the heart in your hearts. I know that all of you have for the good of our city to really be bold because I promise you the rest of the state's looking at all of you right now, and the people are looking at you, and despite the fact that there will be some naysayers that consistently want to buck what is good for our people, we have an opportunity to at least save one life, and I'm begging you, I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. I'm tired of seeing people die. 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Changes that I would like to see to the Dallas County ordinance besides obviously changing Dallas County to Denton and Judge Jenkins to the city council. I would like the first item of pre-K through 12 public schools and child care centers to include institutions of higher learning as well. We have several of those here in the city of Denton and they have a lot of people in them, students, staff, and some of them are even living together in communal settings. So it would make a really big difference for public health to include them as well as the K through 12 and primary. Also in item four of the Dallas ordinance which strongly urges face coverings for the general public and this is by the way for those who haven't read it after requiring some sort of face covering policy of commercial entities and requiring them in all county buildings. In this case it would be in city buildings. They're strongly urged for the general public and it mentions that face coverings are a secondary strategy to other mitigation efforts and are not a replacement for social distancing, frequent hand washing and self isolation when sick. I would like to add to that vaccination for those who qualify for vaccination and also testing, COVID testing when symptomatic or exposed. Thank you. >> Okay. I'll just ask legal to -- I don't know if you want to communicate directly but the university has been invoked. So obviously there's some -- there's recusals at times. I'll leave that for the individuals and legal but I just want to note that that's been mentioned. >> I wasn't singling out any specific institutions of higher learning. >> I'm just adding a note there for the record and so we're all good. Any other questions for Seth? Okay. Counselor Bet. >> Thank you, Mr. Mayor. I actually also would like to generally recommend the Dallas County approach and I concur with the university recommendation and I concur with the adding the recommendation for vaccinations. I would like to ask staff maybe we currently have a strongly recommended staff compliance urge. Do we have sort of any sort of estimation on the level of compliance? We've asked for compliance and the leadership team is demonstrating compliance. Do we have a feel for in the microcosm that we directly control here in this building what that level of compliance is? >> It's difficult for me to answer that. I can say here I am at city hall. I'm seeing great compliance with that. Depends on the other buildings. We have over 20 to 30 municipal buildings. I think we are generally seeing it in our indoor facilities but you have to keep in mind we have a lot of employees who are working in the field or outdoors where that's not a recommendation either when they are in outdoor settings. You may see city employees not wearing them as well when they're in outdoor settings. >> Do you have a feel for those limitations where they're indoors? You can say no. I don't know. >> I don't think we have an exact number. I will say the ones coming in and out of here are wearing masks. When I've been to other facilities they're wearing masks. I don't think we know numbers or percentage. >> And I guess a follow-up to that would be do we have a feel for without, you know, naming names or breaking confidence or doing anything else that's illegal, do we have a feel for the aggregate amount of staff that have gotten COVID? >> Just over this last variant we've had 24. >> 24? And so the reason I ask those questions is it goes to this issue of, you know, the argument of responsibility and compliance and it goes to the idea that we are an employer just like anyone else. So while I concur and generally in favor of the larger mandate that Counselor Armator talked about, I think, you know, specifically it's very important to me that we take care of the people that are running our government. You know, their employees like anyone else. And so if we think something is important in doing it leadership, I think that's exceptionally important as well as protecting anyone like the children who cannot receive vaccinations at this time. I think that's critically important as well. And I think it's really telling that the people that came here to talk were 100% for this mask especially with an emergency meeting and not having time to organize or do anything, the people that managed to get themselves here were all for that. And I will state that actuarially the costs of a human life are generally about $10 million. So every time we save a life, if we want to balance costs, we're balancing that against $10 million a life. I know that's untoward and unseemly, but if you look at actuary tables, that's what they put the number at. So I think the costs that we would incur, if any, pale in comparison to $10 million a life. >> Mayor Pro Tem Meltzer. >> Thank you, mayor. I wanted to address some of the communication I've had with constituents. I hear many people talk about their freedom and that the government shouldn't tell you how to take care of yourself. I completely agree with that. The question where government could even enter into it, in my mind, even if I have a basis for talking about this, is the extent to which you affect other people. So it's really about communication. And a number of people communicated with me address the belief that masks don't work, never been proved to work. I had a conversation with a constituent who said, you look at that CDC website, and if you dig through not the rhetoric, but go to where the studies are, it doesn't show you any studies that show that it works. And I did that. I said, I accept that challenge. It was a reasonable request. And so I did that. And it's just simply not the case. There's about 10 studies cited there demonstrating the effectiveness and preventing transmission, and furthermore, they cite a series of cross-sectional surveys in the U.S. that indicate that a 10% increase in self-reported mask wearing tripled the likelihood of stopping community transmission. And then this isn't a medical study, but I know people criticize me sometimes for caring about business, but I do. And economic analysis using U.S. data found that given those effects, increasing universal masking by just 15% could prevent the need for lockdowns and reduce associated losses. So I hear, you know, also some people say, if this happens, I'm going to shop elsewhere short term. I think that's probably a wash in the short term because others will shop here because they'll feel protected here. But long term, wearing a mask to keep Denton open is going to be great for our local economy. So I just want to cite that. And then, yeah, lastly, I would just say I am also attracted by what Dallas has done. I support the idea of using that as a model for further action. I note that the Dallas judge in the temporary restraining order basically said the governor has the authority, which, you know, I completely agree with, it would be true whether I agree with it or not, has the authority to be our general in the fight to mitigate this virus. But he doesn't have the authority to enter the war on the side of the virus. So, you know, mitigating is kind of what it's all about. And not precluding mitigation from happening. So I think what Dallas did is very smart. And in terms of the timeframe, when would it last, I note that the language is until rescinded. So that's what the Dallas order says, until rescinded. And I would give that guidance. And I'm very much in sympathy with the direction that's been expressed by other members. >> Okay. Any other -- I see you, Councilman Beck. Any other questions before we go round two? Okay. Councillor Gemmell. >> Thank you. I just want to express support for the sentiments that have been expressed. Can you all hear me? I'm in a strange location right now. Everybody can hear me. I want to express support for the sentiments expressed by Councilmember Arendt, Councilmember Beck, Mayor Pro Tem Meltzer. I think that the Dallas measures are a strong template that we could look to. I do agree with Councilmember Armater's suggested adjustments. Obviously everything that says county needs to say city. I agree with given the fact that we are a college town with several colleges and universities that we should probably include colleges and universities along with those pre-K through 12 public schools and child care centers. I definitely agree with including a clause similar to the one in the Dallas County measure regarding masks not being a substitute for other measures including social distancing, hand washing, isolation when sick, and I would very much approve of including vaccination in that clause. And I look forward to continuing this conversation about next steps and how we might get a measure like this implemented. >> Okay. Councilmember Beck. >> Thank you, Mr. Mayor. So I'm really glad that Mayor Pro Tem brought up the studies and I didn't in my initial opening remarks talk about this but I have to say that in my professional life I am a biologist and I have been tracking these and the go-to source for the entire country are the state health departments, the CDC, and other places. There were times over the last 16 months where we were daily collecting data and going and getting this and so there are arguments have been made from the public that there's no data that's junk. And on the alternative, Mayor Pro Tem just listed ten sites alone in this one overall survey and there are literally thousands of sites talking about or publications talking about the efficacy of vaccination, various policy standards. And there are dozens of ones that show that correlated that compliance with masks, masking correlates directly with lower case rates. And that's what we need right now. We don't need masking forever necessarily. We need masking while we are trying to return to the downward trending direction that we had when we first went into vaccinations and a failure for compliance on vaccination has led to a resurgence in this. And so as a biologist, I have to say it's just really -- it's maddening for me to watch us not follow expertise. And, you know, I understand that the governor has expert training in law. Several others on council have expert training in law. But what we don't have is expert training in science. And I'm telling you, I do, and I have been looking at this for the entire pandemic. And we are -- we need to follow the guidance. And, in fact, it is our policy currently to follow CDC guidance. And CDC guidance says mask up when indoors. That is our policy both scientifically and legally. So I encourage us to follow our own policy. Thank you. >> Councilmember Burt. >> Thank you. >> I have been -- I want to thank you all for your words. They're very encouraging. My counterparts have spoken already before me. And I am in, you know, the same sentiments as they are. I appreciate the passion by which everyone spoke. I -- I just want to just say that when I was -- I was subbing as a substitute teacher on a Thursday, I was in a building. I was in a classroom in a -- in an ISD. And that was the day that I found out I had COVID. And so I had my mask on. But I wasn't necessarily supposed to have space six feet apart and doing all of those things that they told us to do because some teachers were missing because they were sick. So they were having to rearrange some classrooms, which put us closer than we should have probably really been and using the little dividers as best as they could with a lot of kids. So as I'm thinking here and about what we're -- what's going on in the region, going back to that moment where me, someone that is highly responsible, I'm standing over some kids and talking to some kids and I have COVID and not knowing it yet until I received that phone call from the location where I had my test. So I immediately left and did not return back to that environment. So that is the emotional side of it. And we have to also look at the practical side of everything. I do have a couple of questions, but I want to say one more thing. I remember back in the mid-'80s or late '70s leading into the '80s, mid-'80s, well, we had another significant healthcare crisis in this country, and that's the advent of HIV. And so that -- from sea to shining sea, everybody was all over that, on top of that. And me being a teenager going into my 20s, 17, 18, 19 years old, and having to come to grips with what is -- how is this going to affect me and everybody around the rest of the world for that matter. But I remember us as a society coming together, understanding and allowing the science to do its work. I remember people were starting their treatments for all of that and they would have to take 35 pills and they were dying, you know. And so now, as I understand, is one pill a day. That's science. And so we've got to allow the scientists to do what they do is to bring us further along and do the work. And if we can get to that point, if we can get to that point where we are subjecting ourselves to the experts, and I've been hearing, you know, all the experts don't know what they're talking about. How does an expert not know what they're talking about? That's what they do. And so -- but with that being said, the practicality in my viewpoint is that we need to follow the experts and follow whatever they need us to do. I'm going to leave it right there. I do have a question, though, about some of those questions that you had up there. I think it was like four or five questions that we need to get through to figure out how we're going to make this work. If we choose to go this route, how long would it take for us to -- if we make this decision to go this route, how long would it take for us to gather those questions together, and what would probably be the next step? I'm not real clear about that. Sure. So those questions were just provided as examples of things for counsel to think through in making a policy. But if we get direction, depending on the ability, we could take a break to draft that order and then come back in a little while once it's drafted for counsel to deliberate and consider that order based upon the direction that's given. So it could be later this evening. That is at counsel's discretion, depending on if you want to consider it tonight, if you want to allow more ability for feedback or input or for other cases or other things to continue time to see what may happen with some of the other pending, I'd say, lawsuits and cases between the governor and other local government entities. Thank you. Councilman Meltzer. It's just one of the main point I wanted to address, which is why now? And, you know, most of the city realizes we've been through this movie before. We took an action very much like this, and at that time, it was kind of like now where there's a declared emergency, there's an alarming rise in cases, and then we took this action. Now, a lot has happened since. We got through the shutdown and all that, and mass vaccination. There was no vaccine when we originally took this action. So the mass vaccinations were going so well. I mean, Denton really stood out. I mean, especially, you know, the efforts of Denton County. Until it stopped. And what's happening now is that you have this new rise. It is largely among the unvaccinated. 90% of the hospitalizations are among the unvaccinated. And where we are is eight ICU beds left available in Denton County. That's why we're doing it now. That is the emergency. I wish everyone would just pull together, get on board, get vaccinated if you can. Obviously, if you're under 12, you can't. But until that happens, we have to address this emergency. >> Councilmember Davis. >> I want to address areas of broad agreement first. I agree with the assertions that have been made about facts and science and following the experts. There was an incorrectly reported in the paper that didn't wear my mask to the meeting last Tuesday. I did, of course, wear my mask. I took it off here at the dais in my plexiglass cage here. I agree that masks are effective. Masks are, in fact, a very easy way to stop the spread of -- to prevent the spread of any number of pathogens. I believe in the efficacy of vaccines, that vaccines are safe and generally very effective. I agree that our children who cannot be vaccinated ought to be wearing masks in school. Take a look at our first day of school picture on my Facebook page. I think that kids ought to wear masks to school. I think that the governor should have given the ISDs in the city the ability to decide these questions for ourselves. 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I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I don't think that he should have done that. I would challenge the council to I would challenge the council to provide a human COVID-19 sample provide a human COVID-19 sample as well as a delta variant as well as a delta variant isolated test. isolated test. And if you can do that, I might And if you can do that, I might reconsider my position. But so far I've not seen anyone But so far I've not seen anyone produce any isolated samples. produce any isolated samples. And I've heard that plenty of people wrote to CDC requesting people wrote to CDC requesting people wrote to CDC requesting samples in labs and receiving a samples in labs and receiving a letter back saying that it could letter back saying that it could have been a flu-type B. have been a flu-type B. So I disagree wholeheartedly. So I disagree wholeheartedly. I am 100% opposed to this I am 100% opposed to this mandate. mandate. If people want to wear a mask, If people want to wear a mask, they can. they can. If they want to get vaccinated If they want to get vaccinated because they think it will be because they think it will be safer for them, they can. safer for them, they can. But if none of those things will But if none of those things will stop anything, which they stop anything, which they haven't, then there's no reason haven't, then there's no reason in you wasting your time and in you wasting your time and energy pushing a mandate that energy pushing a mandate that and so we'll go back to so we'll go back to direction so we'll go back to direction for staff, and so we're going for staff, and so we're going to wrap up the work session to wrap up the work session component, and again, I just component, and again, I just want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we want you all to know that we think that we should replicate think that we should replicate the Dallas ordinance with the the Dallas ordinance with the exception, obviously, of exception, obviously, of changing Dallas County to city changing Dallas County to city of Denton and Judge Jenkins to of Denton and Judge Jenkins to the Denton City Council. the Denton City Council. Also, adding to item one, in Also, adding to item one, in addition, to schools pre-K addition, to schools pre-K through 12 and child care through 12 and child care facilities to also add facilities to also add colleges, universities, and other institutes of higher learning. other institutes of higher learning. And then finally, under Roman And then finally, under Roman number four, to add number four, to add vaccinations and testing to vaccinations and testing to those additional COVID those additional COVID mitigation measures as well. mitigation measures as well. As far as the effective date, As far as the effective date, I believe it should be I believe it should be effective tomorrow, with the effective tomorrow, with the exception that businesses, if exception that businesses, if they need until Monday, I think they need until Monday, I think that's fine to give businesses that's fine to give businesses until Monday, but I think that until Monday, but I think that until Monday, but I think that city facilities and schools, city facilities and schools, city facilities and schools, education institutions covered education institutions covered in item one, that should be in item one, that should be effective tomorrow. effective tomorrow. There would be nothing, of course, stopping businesses There would be nothing, of course, stopping businesses from posting their mask from posting their mask guidelines tomorrow as well. guidelines tomorrow as well. In fact, many of them have them In fact, many of them have them already. already. But that is my direction. But that is my direction. >> Okay. >> Okay. >> Mayor Proctor Meltzer. Mayor Proctor Meltzer. >> Thank you, Mayor. >> Thank you, Mayor. I think you've heard already a lot of sentiment in the direction toward mimicking the direction toward mimicking the direction toward mimicking the Dallas ordinance. Dallas ordinance. Dallas ordinance. One question I have is, and I One question I have is, and I One question I have is, and I still feel that's the case that still feel that's the case that still feel that's the case that still feel that's the case that that's the thing we ought to do. that's the thing we ought to do. One question I have is whether One question I have is whether there would be, for legal, is there would be, for legal, is there would be, for legal, is whether there would be any further action to be made to further action to be made to simultaneously filing declaratory simultaneously filing declaratory judgment to action. judgment to action. I know we talked, I know that I know we talked, I know that other counties have done the other counties have done the sequence of declaratory sequence of declaratory judgment action, temporary judgment action, temporary restraining order, and then an restraining order, and then an ordinance. ordinance. I think you're hearing a lack I think you're hearing a lack of -- a willingness to lean of -- a willingness to lean forward to gain the advantage of forward to gain the advantage of time, possibly have benefits forward to gain the advantage of time, possibly have benefits forward to gain the advantage of time, possibly have benefits in the community. in the community. So I think that's why you're So I think that's why you're not hearing people talking not hearing people talking about a declaratory judgment about a declaratory judgment action, but would there be any action, but would there be any benefit or would it even be benefit or would it even be coherent to do those two coherent to do those two actions on parallel path? actions on parallel path? >> With the information that's >> With the information that's currently available, it's currently available, it's difficult to -- it's really difficult to predict where the difficult to predict where the better position is in terms of better position is in terms of going ahead and doing that going ahead and doing that proactively or waiting to see proactively or waiting to see if some action is taken in the proactively or waiting to see if some action is taken in the wake of an order. >> I'll see if other >> I'll see if other >> I'll see if other councilmembers understand. councilmembers understand. I'm asking if -- I would just be I'm asking if -- I would just be restating my question. restating my question. Could you repeat the answer? Could you repeat the answer? Maybe I'll get it better the Maybe I'll get it better the second time. second time. >> With the information that's >> With the information that's currently available, it's currently available, it's a good question. a good question. >> Is there a particular >> Is there a particular advantage in going ahead and advantage in going ahead and filing an action? filing an action? >> Or simply waiting? >> Or simply waiting? >> So we don't know. >> So we don't know. >> Is it intrinsically >> Is it intrinsically incoherent to do both at the incoherent to do both at the same time from a legal point of same time from a legal point of view? view? You know, is there something You know, is there something nonsensical about filing a nonsensical about filing a DJA and passing an ordinance? DJA and passing an ordinance? DJA and passing an ordinance? Is there something that, you know, that should prevent us Is there something that, you know, that should prevent us from doing that, just on the face of it? from doing that, just on the face of it? >> Arguably, I mean, potentially >> Arguably, I mean, potentially an issue that you would need to an issue that you would need to go back and modify in order go back and modify in order depending on the outcome of a depending on the outcome of a potential zero. potential zero. >> Okay. >> Okay. I mean, that's not impossible to I mean, that's not impossible to do, and so we don't know if do, and so we don't know if there's no clear reason not to there's no clear reason not to do it, and we don't know if it do it, and we don't know if it provides a benefit to do it. provides a benefit to do it. Is there any clear Is there any clear disadvantage to doing both? disadvantage to doing both? Or is that, you know, unclear Or is that, you know, unclear and maybe a benefit? >> I don't think there's clarity there. clarity there. The one thing that I can say The one thing that I can say with certainty is it assures with certainty is it assures litigation to take that step litigation to take that step now because we would be now because we would be instituting it. instituting it. I think that's clear. I think that's clear. Whereas litigation is not Whereas litigation is not necessarily guaranteed in the necessarily guaranteed in the other position. other position. >> Okay. >> Okay. That's great. That's great. So I continue to support the So I continue to support the direction of the ordinance direction of the ordinance modeled on Dallas' order. modeled on Dallas' order. Thank you, Mr. Mayor. Thank you, Mr. Mayor. So my questions are similar to So my questions are similar to Mayor Pro Tem's. Mayor Pro Tem's. So first, my direction is I So first, my direction is I concur with Councillor Amateur concur with Councillor Amateur on what she asked for and the on what she asked for and the modifications. modifications. That hasn't changed since the That hasn't changed since the beginning of our meeting. beginning of our meeting. I concur with that. I concur with that. I did have a question similar I did have a question similar to Mayor Pro Tem and that is to Mayor Pro Tem and that is to Mayor Pro Tem and that is I'm trying to avoid making this I'm trying to avoid making this I'm trying to avoid making this a closed session question. a closed session question. So it has been stated by, I So it has been stated by, I So it has been stated by, I guess at least in Twitter, that guess at least in Twitter, that the governor and attorney the governor and attorney general would respond to actions general would respond to actions general would respond to actions like this if we were to do it. like this if we were to do it. Is that correct? Is that correct? Yes. Yes. So there would be some non-zero So there would be some non-zero So there would be some non-zero expectation that we might be in expectation that we might be in or have the risk of judicial or have the risk of judicial or have the risk of judicial non-zero risk of legal action non-zero risk of legal action regardless of whether we include regardless of whether we include a, I believe the phrase was a, I believe the phrase was a, I believe the phrase was an approach in parallel or not. an approach in parallel or not. So I think it goes to -- I think So I think it goes to -- I think I would prefer to hide and watch I would prefer to hide and watch but I think it goes to our but I think it goes to our seriousness that we don't think seriousness that we don't think the governor, by analogy, in the the governor, by analogy, in the face of a hurricane should make face of a hurricane should make us go to the beach. us go to the beach. So I think it goes to the So I think it goes to the So I think it goes to the seriousness of that. seriousness of that. So while I absolutely support So while I absolutely support moving ahead with a mandate, I moving ahead with a mandate, I moving ahead with a mandate, I also would be cautiously also would be cautiously supportive of a declarative supportive of a declarative judicial action or judgment judicial action or judgment action. action. Thank you. Thank you. >> Okay. >> Okay. So I am going to say that I have So I am going to say that I have So I am going to say that I have So I am going to say that I have I am going to say that I have And so I guess I'll see if it And so I guess I'll see if it And so I guess I'll see if it And so I guess I'll see if it makes the final draft, but if it makes the final draft, but if it makes the final draft, but if it does, I want to consult in closed does, I want to consult in closed does, I want to consult in closed session to understand that so session to understand that so that there's no ambiguity as to that there's no ambiguity as to the effects of that and the the effects of that and the the effects of that and the What that decision does and how What that decision does and how What that decision does and how it affects participants, etc. it affects participants, etc. So because I just want to make So because I just want to make So because I just want to make sure there's no exposure to the sure there's no exposure to the city, right? city, right? That's my single focus, but That's my single focus, but we'll get there if it survives. we'll get there if it survives. My question for staff. It's early, so I'll ask the city It's early, so I'll ask the city It's early, so I'll ask the city attorney. attorney. Can you help me understand when Can you help me understand when can you help me understand when does the state institute does the state institute constitutional gun carrying in constitutional gun carrying in Texas. Texas. When does that take place? When does that take place? September 1st, I believe. September 1st, I believe. Yeah. Is that right, Katherine? Yeah. Right, so September 1st, in 18 Right, so September 1st, in 18 days-ish, you're going to add days-ish, you're going to add potentially guns to this potentially guns to this potentially guns to this emotional issue. emotional issue. That registers to me. That registers to me. That's unique to the other That's unique to the other decisions we've made. decisions we've made. And we, you know, we've all kind And we, you know, we've all kind of seen in the paper people's of seen in the paper people's reactions just generally. reactions just generally. And so that's concerning to me. And so that's concerning to me. Just want to note that. Just want to note that. And then also, I want to ask And then also, I want to ask staff. staff. Sure. Sure. Yes. Yes. So, I know for sure there's So, I know for sure there's So, I know for sure there's three. three. And I'm going to ask you if you And I'm going to ask you if you And I'm going to ask you if you know if I'm missing one. know if I'm missing one. So does Braswell, there's So does Braswell, there's So does Braswell, there's Paloma Creek Elementary, and Paloma Creek Elementary, and Paloma Creek Elementary, and there's, I think there's one there's, I think there's one there's, I think there's one more. more. There's a middle school. There's a middle school. There's a middle school. There's not even. There's not even. Right. Right. And so I'll ask this just so I And so I'll ask this just so I And so I'll ask this just so I can keep it in the phrase of a can keep it in the phrase of a question, does Denton ISD have question, does Denton ISD have a governing body? a governing body? Yes. So that governing body could So that governing body could make decisions for the entire make decisions for the entire school district and cover those school district and cover those areas outside of the city of areas outside of the city of Denton. That's correct. That's correct. Whereas a decision here does Whereas a decision here does not cover that elementary school not cover that elementary school district. district. Okay. Okay. And then has staff reached out And then has staff reached out or have we lobbied or have we or have we lobbied or have we made any contact with the made any contact with the governor's office, kind of work governor's office, kind of work the normal channels? the normal channels? No. No. Okay. Okay. And would the city's order And would the city's order mandate or would it -- have we mandate or would it -- have we talked to Denton ISD? talked to Denton ISD? Yes, Mayor, I did. Yes, Mayor, I did. Would the order from the city Would the order from the city affect Denton ISD? affect Denton ISD? Yes, Mayor, it would. Yes, Mayor, it would. According to the superintendent According to the superintendent who I talked to, they had who I talked to, they had already had their meeting with already had their meeting with plenty of input by citizens and plenty of input by citizens and that body chose to obey or that body chose to obey or followed the governor's order. followed the governor's order. Right. Right. And so if we were to proceed, And so if we were to proceed, we're -- we're -- It would be up to Denton ISD if It would be up to Denton ISD if they would comply with the local they would comply with the local recommendations outside of that recommendations outside of that organization, telling that organization, telling that organization, telling that organization what to do, in organization, what to do, in theory, making a recommendation. theory, making a recommendation. Okay. Okay. Got it. Got it. And then, let's see. And then, let's see. I think that is -- I think that is -- Mayor, if I can just take one Mayor, if I can just take one second, just to -- second, just to -- since it looks like we're moving since it looks like we're moving forward, I just want to make forward, I just want to make sure that the city staff would sure that the city staff would do as next steps, you know, one do as next steps, you know, one part of the Dallas County order part of the Dallas County order is that commercial entities is that commercial entities would have to have a health and safety policy, so we could do would have to have a health and safety policy, so we could do what we did prior, mail a what we did prior, mail a letter out, inform them of the letter out, inform them of the requirements, but then after requirements, but then after that, we can do some phone that, we can do some phone calls, but there really is not calls, but there really is not going to be an enforcement going to be an enforcement you know, if you do get you know, if you do get complaints and you know, people complaints and you know, people are upset because they're still are upset because they're still seeing some businesses not complying or some individuals seeing some businesses not complying or some individuals not complying, I understand not complying, I understand that's really frustrating, but that's really frustrating, but staff's going to be extremely staff's going to be extremely limited and I'm not going to limited and I'm not going to place city staff in any place city staff in any confrontational situations, so confrontational situations, so I just want to set those I just want to set those expectations now, not to expectations now, not to influence decision, but just influence decision, but just the extent of my questions, the extent of my questions, I'll see where we go. I'll see where we go. I'll see where we go. And so again, we've all given And so again, we've all given direction for the most part, direction for the most part, I'm sorry, Councilmember Bar, I'm sorry, Councilmember Bar, did you have something to add did you have something to add before we? before we? >> I just want to provide >> I just want to provide >> I just want to provide timeline that I would like to timeline that I would like to move forward as quickly as move forward as quickly as >> Okay, so I guess I'll take >> Okay, so I guess I'll take direction, I see you direction, I see you >> Councilmember Bird, I'm going >> Councilmember Bird, I'm going >> Councilmember Bird, I'm going to jump around. to jump around. Councilmember Bird, if you could Councilmember Bird, if you could give your direction? give your direction? >> I am, direction is to move >> I am, direction is to move forward with what we had planned forward with what we had planned forward with what we had planned on doing, and that is setting on doing, and that is setting the standard there. the standard there. But I also wanted to note that But I also wanted to note that But I also wanted to note that I'm not in total agreement with I'm not in total agreement with everything that I heard, everything that I heard, particularly with mandating particularly with mandating policies, which includes all of policies, which includes all of the universities and colleges the universities and colleges as well as the ISDs. as well as the ISDs. I don't believe that we need to I don't believe that we need to include anything along those include anything along those lines, thank you. lines, thank you. >> Okay, so then, staff, what >> Okay, so then, staff, what >> Okay, so then, staff, what have you -- what do you need to have you -- what do you need to hear so that I can kind of hear so that I can kind of direct so that we're not, you direct so that we're not, you know, missing -- what are you know, missing -- what are you missing direction-wise? missing direction-wise? >> So you want to include the >> So you want to include the schools and child care centers schools and child care centers as it's written in the Dallas as it's written in the Dallas county order, as is written in county order, as is written in Dallas county, or if you want to Dallas county, or if you want to extend that to include the extend that to include the universities. universities. I've heard some for and some I've heard some for and some against. against. I'm just not clear on that. I'm just not clear on that. >> Okay. >> Okay. >> So higher institutions of >> So higher institutions of learning. learning. >> Okay. >> Okay. I think we've exhausted the I think we've exhausted the other talking points, but if other talking points, but if I'm missing something by all means. I'm missing something by all means. Councilman bet. Councilman bet. >> Thank you, Mr. Mayor. >> Thank you, Mr. Mayor. Yeah, for direction, I said it Yeah, for direction, I said it before but I'll repeat myself. before but I'll repeat myself. For clarity, I am for both the For clarity, I am for both the K-12, the city facilities, and K-12, the city facilities, and the institutes of higher the institutes of higher learning, and otherwise similar learning, and otherwise similar to the -- the only addition is to the -- the only addition is to the -- the institutes of higher learning on top of the higher learning on top of the Dallas. Dallas. And I would caution the mayor And I would caution the mayor very strongly to -- to not very strongly to -- to not discuss and foment gun violence discuss and foment gun violence when we were talking about when we were talking about masking. masking. I think that was inappropriate. I think that was inappropriate. >> Sir, I'll take exception to >> Sir, I'll take exception to that, one, because I ask -- we that, one, because I ask -- we focus on questions, two, I'm not focus on questions, two, I'm not advocating for gun violence. advocating for gun violence. I'm stating a fact that then I'm stating a fact that then I'm stating a fact that then the state may not be tracking the state may not be tracking and the buried in ignorance is and the buried in ignorance is disingenuous. disingenuous. There are 16-year-old kids that There are 16-year-old kids that are working at hostesses at are working at hostesses at restaurants that are going to be restaurants that are going to be confronted, and I think we need confronted, and I think we need to make an educated decision and to make an educated decision and not hide the obvious. not hide the obvious. It isn't -- law enforcement has It isn't -- law enforcement has spoke against it, and the state spoke against it, and the state moved forward with it, and so it moved forward with it, and so it moved forward with it, and so it I'd ask you not, again, to I'd ask you not, again, to direct your stuff to me. direct your stuff to me. Send me an e-mail, and then if Send me an e-mail, and then if you disagree with making people you disagree with making people aware that the state isn't going aware that the state isn't going through a major shift, then you through a major shift, then you disagree by yourself. disagree by yourself. I think it's important. I think it's important. I think it's important. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. And so we're adjourned 7/10. Thank you. Thank you. All right, here we go. Welcome back to this meeting of the Denton City Council. It is 7/57. We're going to go into closed session. We have some legal issues discussed. So I will convene the closed session at 7/57 PM. We will consider the following items-- consultation with attorneys under Texas government code 551.07. So we'll be in closed session. And then we'll come back and finish deliberating. And if staff will tell me when we're clear. And good evening. It's 8/52. We're now back in our regular session. Thank you for your patience. And so we'll call the meeting back to order. And I'll turn it over to staff. You can bring us up to speed. Received by email and also hard copy. A draft order of council that incorporates the feedback and direction we have received from council in largely is similar to the Dallas County order that has come out. I can go through specifics more, but just a quick summary for the public. It would be effective at 12.01 AM on August 13. So midnight tonight. It would apply pre-K through 12. And public schools and child care centers would have to develop and implement a health and safety policy that at minimum required face coverings for anyone over two years of age. For commercial entities, they would also be required to have a health and safety policy at a minimum requiring indoor face coverings. And then it would also apply to city of Denton buildings. So buildings are offices owned and operated by the city of Denton. And that is for employees, contractors, or visitors. And then lastly, just a recommendation and a strong urging for the general public to utilize face coverings when they are in a public indoor space. OK. Thank you. And so I'm going to recognize the movement. Councilmember Armitage. I move approval. Councilmember Meltzer. Mayor Pro Tem Meltzer. If you don't mind, I'd like to make a couple comments. Well, let's-- if you could second first, and then we'll have discussion. OK, I second. OK. And then I have in queue here, Councilmember Armitage is going to do that. OK. Yeah, sorry, we'll just take it in order and we'll-- if that's OK. Thank you, sir. Councilmember Armitage. Yes. I just wanted to thank everyone on council, everyone on staff, and especially the public, including all of the parents who went out to that DISD meeting the other day. Well, you were in our council meeting. I know that this will have an impact-- Your mic's not on anymore. You have to push the button again. Thank you. Sorry. Hearing the testimonies of ICU nurses, of parents, of students in reading the science and the data that shows an increase in mask usage helps significantly to mitigate COVID, even with this new variant. So I'm very proud of this. A number of other entities have also received their own mask ordinances today. So we are a part of growing a number of entities in Texas, governmental entities, that are standing up for public health, and that makes me proud. Mayor Proctor Meltzer. Yes, thank you. I just want to address a couple of concerns I anticipate from the public. First, I want to assure you we're not any kind of pooh-pahs here. We're just your neighbors. We're tasked with trying to do what we think is best in a difficult situation. I would want to underscore that even members who you see who may vote no on this care about public health, they care about Denton, and they may well urge you to do what's asked for in this ordinance, independent of whether they feel this is the right thing for us to do as a body. And I urge you, even if you hate what we're doing, if you hate this, tell everyone you're not doing it because of that city council. Do it because you decided to. We're down to eight ICU beds. This is not a good situation. So I thank you for doing your part, especially if this bugs the heck out of you because it's harder for you to do that. So thank you for being part of the solution. I want to acknowledge we're not alone in this. Cities and counties all across Texas are doing what we're doing tonight because they feel they're just like us. They're neighbors. We're doing what we must to get us through this. And lastly, I appeal to Governor Abbott, I appeal to you to join us, to be on the side of protecting your fellow Texans, support us in keeping Denton safe and open. -Councilman Bet. -Thank you, Mr. Mayor. I just wanted to concur with that. And I really do want folks out there to know that this is about safety and science and really trying to balance everyone's freedoms. So the balance of everyone's freedoms is responsibility. That's the way we maximize everyone's freedom is responsibility. And I concur with Mayor Pro Tem that if folks in the state, if the governor and attorney general are paying the attention to little D, then I urge them to realize what's going on across the state and realize that maybe they need to modify their approach. -Councilmember Boyer. -Thank you, Mayor. So I just, I'm going to be yes on this and I want to explain why. We know that masks are very effective. There's an enormous amount of evidence that they're quite effective. Masks are moderately effective at preventing the wearer from contracting COVID. They're highly effective at preventing the wearer from transmitting COVID to others. And, you know, frankly, I know that there are some folks who don't believe that that's true. And to be blunt, those folks are incorrect. They are mistaken about that. We have a large number of young people in our community who cannot be vaccinated yet. My own children are among them. And I'll be frank, you know, I know that some of you might have seen me crying at some of the stories that were shared by parents and healthcare professionals because I'm very concerned and I'm very worried. We have a responsibility to our community to protect those folks who cannot be vaccinated yet and who also, you know, when we're talking about children, I think it's also important to remember that they are not in a position where they are making their own decisions about whether to mask or not. And so it is the responsibility of those of us who can do something about it to protect our young people. Individual freedom is extremely important. It's the bedrock of our democracy. But we all know that individual freedom doesn't give us the right to harm others. At this particular moment, with the Delta variant being what it is and the situation being what it is, if I were to go maskless indoors with people who are not part of my household, that would be reckless, dangerous behavior. And I don't think that I should be allowed to do that any more than I should be allowed to drive drunk. It's that serious. And at this particular moment, it's that dangerous. I agree with some of the sentiments that have been expressed, that this is not the best body to be passing this type of order. I wish that we had officials at the state level who were willing to protect us, but that's not happening. And it's been made very clear that county-level officials are also not going to do that. And Tuesday evening's DISD board meeting made it clear that the Board of Trustees with Denton ISD is also not willing to do that. So unfortunately, it falls to us. We're the last line of defense. We are not ideally situated to be doing something like this. We have very little power, frankly, to enforce this mandate, but we have a responsibility to do what we can. It's literally a matter of life and death. I recognize that there may be consequences, possibly for me personally, possibly for the city, but if it stops even one person from perishing as a result of COVID, I believe that it's worth it. Thank you. Okay. Councilman Berg. I want to thank everyone that took the opportunity to voice your opinion on this particular matter. I know that I received well over 300, maybe even more, emails and text messages and phone calls from you all. So that's what I'm really, really proud of. I'm really, really proud of this city and the citizens taking the opportunity to just really make your voice heard. And I would please ask you to do that on everything that you see that comes through here. This is your city. You should have taken advantage of the opportunity to speak before us. Call your council member and let them know how you feel about everything that we're doing around here because sometimes we don't hear from anybody on some things, on a lot of things. So thank you so much for stepping up as a citizen here to make your voice heard. And so what I will say about this particular matter is that I am very emotional about this choice that we're making here. I do want to fall in line with what our governor has given us, but it's just not the right thing because it's not being done for the right reason. And I've already come to the conclusion myself that this is an economic versus humanity issue here. I think that this governor has already noted to us that we're ready to get some money flowing back into this state. And I think that's just the bottom line for all of this. Leave everything open. Let's get everything back on board. But people are dying here. People are still sick. This state has become a focal point for the entire nation, this state and another couple of states, that now we're begging for help from around the country to come and help us to get through this, but yet we're here. So with that being said, this is the primary reason why I would choose to go this route, the direction that I'm going to take. It's because we have got to make sure that we look at this from the humanistic, the humanity side of all of this. We are responsible to take care of each other. We are responsible because that's what we go to church and say, oh, we love everybody. And we want to do right by everyone and we just want to take care of everyone. Let's do that. Let's go ahead and do that and make sure that we're making decisions for the right reason. All right? That's it. Thank you. Any other discussion? Okay. I just want to thank staff for their work and I'll let my vote speak for itself. I will say, if you have questions, please contact staff. Please call the city staff if you have questions before and just understand the enforceability issues. But please, just everyone be nice to each other. Please, out there, we're all just trying to do a job and I'll just say, will the ordinance be posted so that people can read it? Yes, we will post. On the website? Yes, that's correct. Great, so it will be on the website. You can read it and please reach out if you have questions and we'll vote. Thank you very much, everyone, and get everyone home and see their families. All right. We have a motion by Councilmember Armitage, second by Councilmember Metzler. Councilmember Armitage, how's that you? I move approval. Councilmember, yeah, you already did that. How do you vote? Yes. Thank you. Mayor Proctor Meltzer? Aye. Okay. Councilmember Betz? Aye. Councilmember Byrd? Aye. And Councilmember McGuire? Yes. Thank you, Commissioner. Councilmember Davis? Nay. Mayor Hutsmith is a nay as well. Passes 5-2. Okay. We have anything else? No. Great. I'll adjourn the meeting at 9-07.