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HomeMy WebLinkAbout2020-03-20 Agenda with BackupCity Council City of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Work Session Room1:00 PMFriday, March 20, 2020 EMERGENCY MEETING - AMENDED AGENDA Pursuant to the provisions of Chapter 551, V.T.C.A., Government Code, notice is hereby given of an Emergency Special Meeting of the Mayor and City Council of the City of Denton, Texas to be held in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas on the 20th day of March, 2020 at 1:00 p.m. WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM CITY COUNCIL CONSIDERATION OF THE ITEMS FOR INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE WORK SESSION IN THE WORK SESSION ROOM. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Friday, March 20, 2020, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: Council Members Keely Briggs and Deb Armintor will be participating in the work session/meeting via teleconference. WORK SESSION 1. Work Session Reports Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. ID 20-739A. Exhibit 1 - Agenda Information Sheet 031920 (WS item) Exhibit 2 - Presentation for Work Session - COVID-19 03 20 20 Exhibit 3 - Council Member COVID-19 Questions for 03.20.20 Attachments: NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. NOTE: Any item for which a formal action at the Emergency/Special Called Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. Following the completion of the Work Session, the City Council will convene in a Special Called/Emergency Meeting to consider the following item(s): 1. ITEMS FOR INDIVIDUAL CONSIDERATION Page 1 Printed on 4/1/2020 March 20, 2020City Council Meeting Agenda Consider an ordinance of the City of Denton, a Texas home-rule municipal corporation, amending Ordinance No. 20-721 regarding the declaration of emergency; amending the Order of Council of the City of Denton issued March 17, 2020 approved by Ordinance No. 20-721; authorizing the expenditure of funds; and providing an effective date. ID 20-740A. Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Order Exhibit 4 - March 13 Mayoral Declaration of Local Disaster Exhibit 5 - March 13 Order of the Mayor of the City of Denton Exhibit 6 - March 17 Ordinance & Order 20-721 Exhibit 7 - Presentation for Individual Consideration - Declaration COVID-19 03 20 20 Attachments: Consider a resolution of the City of Denton approving the Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement for the formation of a regional law enforcement mutual aid task force with other area law enforcement agencies for the purposes of providing and receiving law enforcement assistance; authorizing the city manager to execute the appropriate documents; and providing an effective date. ID 20-745B. Exhibit 1 - Ordinance & Mutual Aid AgreementAttachments: Consider adoption of an ordinance amending Ordinance No. 20-264 ordering an election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, to change the date of the election; confirming candidate filings; providing dates for voter registration, applications for a ballot by mail, and early voting; authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date. ID 20-741C. Exhibit 1 - AIS Moving May 2 General Election to November 3 Exhibit 2 - Ordinance 20-264 Ordering 5-2-2020 General Election Exhibit 3 - Governor Greg Abbott Proclamation on Moving May 2, 2020 Elections to November 3, 2020 Exhibit 4 - Email from Denton County Electons Administration - Recommending Move of Election Exhibit 5 - Ordinance Amending General Election Date - Places 5_ 6_ 7 (Mayor) Exhibit 6 - Presentation - Moving May Elections to November Attachments: Consider adoption of an ordinance amending Ordinance No. 20-265 ordering a special election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, to fill a vacancy in Districts 1 and 2 for the unexpired term ending in May, 2021, to change the date of the election; confirming candidate filings; providing dates for voter registration, applications for a ballot by mail, and early voting; authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date. ID 20-742D. Page 2 Printed on 4/1/2020 March 20, 2020City Council Meeting Agenda Exhibit 1 - AIS Moving May 2 Special Election to November 3 Exhibit 2 - Ordinance 20-265 Ordering 5-2-2020 Special Election Exhibit 3 - Governor Greg Abbott Proclamation on Moving May 2, 2020 Elections to November 3, 2020 Exhibit 4 - Email from Denton County Electons Administration - Recommending Move of Election Exhibit 5 - Ordinance Amending Special Election - Districts 1 & 2 Exhibit 6 - Presentation - Moving May Elections to November Attachments: C E R T I F I C A T E I certify that the above AMENDED notice of Emergency Meeting held under TOMA Section 551.045 was posted on the bulletin board at the City Hall of the City of Denton, Texas, as well as the City website and provided to the news media outlets on the 20th day of March, 2020 at 11:37 a.m. __________________________________________ CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 3 Printed on 4/1/2020 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-739,Version:1 AGENDA CAPTION Receive a report,hold a discussion,and give staff direction regarding an update to the City of Denton’s COVID -19 response. City of Denton Printed on 3/20/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: March 20, 2020 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an update to the City of Denton’s COVID-19 response. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. As of March 19, 2020, the known cases of COVID-19 diagnosed in Denton County is currently on the rise with 9 positive or presumed positive cases and one of those located within the City of Denton. This work session report will provide an update on the City of Denton COVID-19 response. A presentation and any back up material will be provided to the City Council at or shortly before the meeting. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) March 17 – Adoption of Ordinance 20-720 extending and modifying Mayoral Declaration March 13 – Mayoral Declaration of Local Disaster FISCAL INFORMATION N/A BID INFORMATION N/A City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com EXHIBITS Exhibit 1 – Agenda Information Sheet Respectfully submitted: Sarah Kuechler Chief of Staff Prepared by: Ryan Adams Deputy Director of Public Affairs/IGR City Council Emergency Meeting Friday, March 20, 2020 1 Work Session Item A Update on COVID-19 Response 2 On Tuesday, March 17 The following topics were presented and discussed: •Emergency Preparation and Response •Public Safety Response •City Operations, Cancellations, and Closures •City Business Continuity Plans •Information on Community Response •Assistance to Residents •Assistance to Businesses •Public Information and Resources •Extension of Emergency Declaration and Order 3As of Friday, 3/20/20 at Noon Since Tuesday, March 17 Major Updates: 1.Denton County Public Health Confirmed Cases in Denton County 2.Denton County Amendment to Emergency Declaration on Wednesday evening, 3/18/20 3.State of Texas Declares Public Health Disaster and Governor Abbott Issues Statewide Executive Order on Thursday at noon, 3/19/20 Note: State and County Orders will be summarized and discussed as part of Individual Consideration item on the agenda 4As of Friday, 3/20/20 at Noon Update: Emergency Management •City staff have continued Emergency Operations functions planning and handling items such as: •Daily calls and contacts with DCPH and DSHS for situational reports and information •Monitoring all public information, press conferences, and announcements •Developing plans and logistics for essential staff to shelter, if needed •Coordinating public safety response and logistics •Coordinating expenses, payments, disaster reimbursement •Coordinating logistics, ordering and purchasing items 5As of Friday, 3/20/20 at Noon Update: Local Community Response Resources for Assistance or How to Donate/Volunteer at: •Denton Independent School District (DISD) site •www.dentonisd.org/covid19 •United Way of Denton County site •www.unitedwaydenton.org/covid-19-resources •Serve Denton site •www.servedenton.org/coronavirus •City of Denton site •www.cityofdenton.com/coronavirus -Community Resources tab 6As of Friday, 3/20/20 at Noon Update: Assistance to Business 7 •City of Denton website www.cityofdenton.com/covid19business •Small Business Administration (SBA) Disaster Loans •As of March 18, Governor Abbott has made his official request to SBA to declare Texas eligible, but it has not yet been approved by SBA •Any small business and most private non-profits are eligible under the program, but the Governor’s declaration must be approved by SBA before any Texas business can apply •Business does not have to be closed, but must demonstrate economic injury as a result of the disaster •Local businesses are encouraged to reach out to the local SBA office to discuss eligibility at any time •Unemployment Benefits •Texas Workforce Commission (TWC) manages unemployment benefits in Texas •twc.texas.gov or (800) 939-6631 As of Friday, 3/20/20 at Noon Update: Assistance to Business 8 •City of Denton website www.cityofdenton.com/covid19business •Job Seekers •TWC manages comprehensive job board at WorkInTexas.com •Local Resources •City, Chamber, and Main Street Association •Listing of Denton businesses with adapted services and Denton restaurants with takeout/delivery •Economic Development sent out and posted a Business Impact Survey to better understand impact to local businesses As of Friday, 3/20/20 at Noon Other Resources 9 •Websites •City of Denton -www.cityofdenton.com/coronavirus •Denton County Public Health (DCPH) –www.dentoncounty.gov/coronavirus •Texas Department of State Health Services (DSHS) -www.dshs.texas.gov/coronavirus/ •Centers for Disease Control (CDC) –www.cdc.gov/coronavirus •Additional Websites •Denton Independent School District -www.dentonisd.org/covid19 •University of North Texas -healthalerts.unt.edu/ •Texas Woman’s University -twu.edu/coronavirus/ •Hotlines •DCPH –(940) 349-2585, weekdays from 8AM to 5PM •Texas DSHS –Dial 2-1-1 and then choose option 6, 7 days per week from 7AM to 8PM As of Friday, 3/20/20 at Noon Page 1 of 14 As of Friday, 3/20/20 COVID-19 Questions Friday, 3-20-2020 @ 9:00 a.m. - Please note that information continues to change rapidly. Business 1. Q: Is there a directory of local businesses with adapted services? o A: DMSA is tracking a list of downtown businesses with adapted services and the Denton Chamber is keeping a list of delivery/takeout options at restaurants. Both can now be accessed from: https://www.cityofdenton.com/en-us/government/health-safety/covid-19- information/business-resources 2. Q: What federal assistance programs are available to businesses? o A: The main program that is available to businesses is the Small Business Administration’s (SBA) Economic Injury Disaster Loan (EIDL) program. Any small business and most private non-profits that have suffered substantial economic injury, regardless of physical damage, and are in a declared disaster area may be eligible for an Economic Injury Disaster Loan (EIDL). The EIDL is a working capital loan and cannot be used to repair, replace, or purchase physical assets. The federal government has declared COVID-19 as an eligible disaster so that businesses can use EIDLs. 3. Q: What is the process for accessing SBA’s COVID-19 Disaster Relief Funding? o A: The SBA is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the Coronavirus (COVID-19). Upon a request received from a state’s or territory’s Governor, SBA will issue under its own authority, as provided by the Coronavirus Preparedness and Response Supplemental Appropriations Act that was recently signed by the President, an Economic Injury Disaster Loan declaration. Any such Economic Injury Disaster Loan assistance declaration issued by the SBA makes loans available to small businesses and private, non-profit organizations in designated areas of a state or territory to help alleviate economic injury caused by the Coronavirus (COVID- 19). Once a declaration is made for designated areas within a state, the information on the application process for Economic Injury Disaster Loan assistance will be made available to all affected communities. As of March 18, Governor Abbott has made his official request to SBA to declare Texas eligible, but it has not yet been approved by SBA. According to the regional SBA director, this could happen soon, but there is not an estimate of when the approval will occur. 4. Q: What can the EIDLs be used for? o A: These loans may be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses without credit available elsewhere; businesses with credit available elsewhere are not eligible. The interest rate for non-profits is 2.75%. SBA offers loans with long-term repayments in order to keep payments affordable, up to a maximum of 30 years. Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay. Page 2 of 14 As of Friday, 3/20/20 5. Q: Can my business apply for the EIDL program? o A: Most likely yes. Any small business and most private non-profits are eligible under the program, but the Governor’s declaration must be approved by SBA before any Texas business can apply. Local businesses are encouraged to reach out to the local SBA office to discuss eligibility at any time (even before the application is made available). Once available, the loan application will be accessible at https://disasterloan.sba.gov/ela/ 6. Q: How do I contact SBA? o A: Denton is served by the Dallas-Fort Worth SBA District Office. They can be reached at (817) 684-5500 or go to https://www.sba.gov/offices/district/tx/dallas-fort-worth 7. Q: Do business interruption insurance policies cover losses from COVID-19? o A: Every insurance policy is different, and businesses should contact their provider to discuss policy details. 8. Q: Does my business have to be closed to qualify for the EIDL program? o A: No. However, businesses must demonstrate economic injury as a result of the disaster. Businesses should contact SBA directly to discuss how to demonstrate economic injury or what information will be needed during the application process. Businesses also must demonstrate that they could not get funding somewhere else and that they are not claiming the same injury under business interruption insurance. 9. Q: Where do I get more information about unemployment? o A: Unemployment in Texas is managed by the Texas Workforce Commission. TWC has set up a resource page and instructions specific to individuals and businesses impacted by COVID- 19. This information is posted here. Businesses and employees should speak directly with the Texas Workforce Commission regarding any unemployment related questions. o Businesses and employees can get more information from the local office, Workforce Solutions of North Texas here: https://dfwjobs.com/ 10. Q: Is anyone hiring? o A: Many companies are looking to hire full time, part time, or temporary workers in the Metroplex, with many seeking help to respond to COVID-19. Texas Workforce Commission has a job board with many jobs posted daily. Job seekers can go to WorkInTexas.com to view postings. General Updates (as provided by TML) 11. Q: Has the State of Texas declared a public health disaster? o A: Yes. The Texas Department of State Health Services has determined that, as of March 19, 2020, COVID-19 represents a public health disaster within the meaning of Chapter 81 of the Texas Health and Safety Code. 12. Q: What action has Governor Abbott taken in response to the declaration of public health disaster? o A: The Governor has issued Executive Order No. GA-08 which provides that:  every person in Texas shall avoid social gatherings in groups of more than 10 people;  people shall avoid eating or drinking in bars, restaurants, and food courts, or visiting gyms or massage parlors; however, the use of drive-thru, pickup, or delivery options are allowed and highly encouraged;  people shall not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance; and  schools shall temporarily close. Page 3 of 14 As of Friday, 3/20/20 13. Q: What is the duration of the Governor’s executive order? o A: The executive order is for a limited duration. For now, the order is effective 11:59 p.m. on March 20 and continues until 11:59 p.m. on April 3, 2020. The restrictions could be extended in the future. 14. Q: Does this mean all businesses in our city must shut down? o A: No, this is not a shelter in place order. The Governor’s order does not prohibit people from visiting a variety of places, including grocery stores, gas stations, parks, and banks, so long as necessary precautions are maintained to reduce the transmission of COVID-19. Businesses will continue to provide essential services. 15. Q: Does the governor’s order require that we close all city operations? o A: No. All critical infrastructure remains operational, domestic travel remains unrestricted, and governmental entities will continue providing essential services. For offices and workplaces that remain open, employees should practice good hygiene and, where feasible, work from home in order to achieve optimum isolation from COVID-19. Trusted sources for information about such practices are available at https://www.dshs.texas.gov/coronavirus and https://www.cdc.gov/coronavirus. 16. Q: Is the Governor providing additional information about Executive Order GA-08? o A: Nexstar Broadcasting will host a live virtual town hall meeting with Governor Abbott tonight at 7:00 p.m. CT. The one-hour virtual town hall will air exclusively on 14 Nexstar stations across the state. Click here to find a way to view the meeting. The governor will address the statewide response to the current coronavirus outbreak and will be joined by top state government officials from the departments of health, infectious diseases, education, and emergency management. The town hall will open with Governor Abbott providing the latest information about the state’s response to the coronavirus crisis, followed by a 15-minute question and answer session between the Governor and the other state officials. The broadcast will then allow approximately 45 minutes of questions submitted by viewers around the state. Viewers can pose a question to Governor Abbott or any of the show’s guests via a variety of social media platforms using the hashtag #AskAbbott. Preference will be given to those questions submitted as videos rather than texts. 17. Q: What is the Families First Coronavirus Response Act? o A: The Families First Coronavirus Response Act (the “Act”) is a federal law that was passed by Congress on March 18, 2020, in response to COVID-19. The Act creates, among other things, Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. The Act provides payroll tax credits to employers to cover the wages paid to employees under the Act, but state and local governments are not eligible to claim these credits. The law goes into effect on April 2, 2020, and the Department of Labor is required to issue guidelines within 15 days to assist employers in calculating the amount of emergency paid sick time. Page 4 of 14 As of Friday, 3/20/20 Evictions Updates (provided by the Fort Worth Star-Telegram) 18. Q: Can evictions proceedings be halted from occurring during the disaster declaration? o A: The Texas Supreme Court issued an emergency order halting all evictions proceedings in Texas through April 19. The order is effective immediately. While filings may still be made, no trial, hearing, or proceedings may occur until after the termination date of the order. The Chief Justice may extend the order’s effective period. Exceptions may include imminent threat of physical harm to a landlord, their employees, or other tenants, or if the tenant is engaging in criminal activity. County Health Updates 19. Q: Have there been any reported cases in the City of Denton? o A: Yes. The Denton County Public Health Department has announced the first positive case of COVID-19 (Coronavirus) in the City of Denton. The resident is a male in his 60s, and is in home isolation after a travel-related exposure. There are nine total county-wide cases. 20. Q: Has the Denton County Medical Reserve Corps been activated? How might people volunteer? o A: Yes. The MRC have been activated to help staff the Health Department’s hotline. Further information on the MRC, and how one may register to become a volunteer, may be found on their web site at https://mrc.dentoncounty.gov/. City Closures 21. Q: What additional steps are Parks and Recreation taking to help maintain safety? o A: In abundance of caution and to maintain social distancing, Parks and Recreation will be closing playgrounds and park restrooms, effective Friday, March 20, 2020. They will remain closed until further notice. While use of playgrounds is restricted, open space parks and trails are open and we urge you to actively practice social distancing by keeping 6 feet away from other users. Transportation 22. Q: How is the Denton County Transit Authority responding? o A: In response to the novel coronavirus also known as COVID-19 health emergency, the Denton County Transportation Authority (DCTA) will close the Downtown Denton Transit Center (DDTC) effective Wednesday, March 18, 2020, at 7 p.m. The DDTC lobby and restrooms will also remain closed until further notice. Customer service will remain open and is available to assist passengers with questions at 940.243.0077. DCTA encourages riders to sign up for Rider Alerts and follow the agency on Facebook and Twitter to receive real-time information regarding facility closures and service modifications. Individuals purchasing passes from the DDTC ticket window will be permitted to enter the lobby for purchases only. Ticket window and customer service hours will remain:  Monday through Friday from 5 a.m. to 7 p.m.  Saturdays from 8 a.m. to 4 p.m.  Closed on Sundays For more information about DCTA during the COVID-19 health emergency, visit RideDCTA.net. Page 5 of 14 As of Friday, 3/20/20 School Meals 23. Q: With Denton ISD extending school closures through April 3, how can students have access to meals? o A: Beginning Thursday, March 19, the district will begin delivering lunches via Denton ISD school buses. This is in addition to the meals currently being served at 15 campus locations. Buses will arrive by 12 noon at each location, with a few buses making a second stop around 12:45 p.m. This will be a carry-out service only. A student must be present to pick-up a lunch. No student ID is required. To see the stops and meal service locations, please visit our website at www.dentonisd.org/meals. Page 6 of 14 As of Monday, 3/16/20 COVID-19 Questions Monday, 3-16-2020 @ 7:00 p.m. - Please note that information continues to change rapidly. HEALTHCARE AND TESTING QUESTIONS Healthcare Provider Questions 1. Q: What do people do if they cannot afford or otherwise access a physician? o A: Residents unable to afford or access a physician are encouraged to call the Denton County Public Health Department (DCPH) at (940) 349-2900. DCPH will provide alternative options, which may include a referral to a low-cost health care provider. 2. Q: Are hospitals prepared? What happens if they become overloaded? o A: The actions that are being taken at the federal, state, and local levels are intended to reduce the spread and prevent overload of hospitals and healthcare providers. State authorities are preparing for mobile sites with local health authorities. Site locations and the order of locations will depend upon resources and areas of outbreak. Testing Questions 3. Q: How many tests have been performed in Denton County? o A: Guidelines for COVID-19 testing are set by the Centers for Disease Control and Infection (CDC), and as the situation evolves, the criteria are rapidly changing. Health care providers use these guidelines to order tests based on patients’ symptoms and potential exposure. Currently, testing is being provided by state public health laboratories and private medical laboratories. While Denton County Public Health does not track the number of tests performed in the County, they would track positive COVID-19 tests. Residents are advised to consult their physician if they feel unwell or believe they have been exposed to COVID-19. 4. Q: What is being done to increase testing? o A: The guidance, procedures, and availability for testing from federal, state, and local health officials continues to change daily as the situation evolves and as increased resources are provided from federal, state, and local health authorities. In an attempt to provide some information in sequence from official sources, staff sent out this document to Council on Saturday, March 14 and posted it to the City’s website. CITY RESPONSE AND OPERATIONS QUESTIONS Emergency Plan and Response 5. Q: How does the City plan and prepare for emergency response? o A: The City is a FEMA Emergency Management Performance Grant community with an Advanced Level Emergency Management Plan and Program. This classification and required activities allow the City to be eligible for homeland security and other federal preparedness grants. The City works closely with community stakeholders such as the health department, universities and DISD, healthcare partners and public and private partners. These activities, such as meetings, facility tours, training opportunities, and participation in local and regional exercises, are coordinated via the City’s emergency management office. The City’s Page 7 of 14 As of Monday, 3/16/20 Emergency Management Plan is based on guidance set forth by the Texas Division of Emergency Management (TDEM). The Basic Plan and functional annex development are a collaborative effort with internal and external stakeholders. The current version was approved by TDEM on August 15, 2018 and is good for a period of 5 years. The City’s Emergency Management Program has a member assigned to the Denton County Health Department’s Communicable Disease Response Team and is in regular contact with health department staff to coordinate plans, training, and programs. 6. Q: What is being done? o A: The City coordinated and hosted a COVID-19 Summit on February 7, at the early stages of the China outbreak, with city staff and community stakeholders. Guest speakers were from the Denton County Health Department sharing the latest information on the COVID-19. Weekly team meetings were initiated to coordinate public information with staff and community stakeholders. The City’s Emergency Operations Center (EOC) was activated on Friday morning, March 13, to provide a centralized location to coordinate activities, which includes operational considerations, resource ordering and tracking, Incident Action Plan development, public information, and cost tracking through the finance section. Staff are participating in conference calls through the Department of State Health Services, Texas Division of Emergency Management, and local and reginal stakeholders to obtain the latest guidance and direction. Emergency plans have been initiated, a local disaster declaration has been declared, and the latest information is being obtained from federal, state, and local partners for this evolving situation. City Cancellations and Closures 7. Q: Where do I find a central spot for information on City cancellations and closures? o A: Information on the City of Denton’s cancellations or closures is available at www.cityofdenton.com/coronavirus o Local event cancellations for non City-sponsored events can be found on the Discover Denton website: www.discoverdenton.com/travel-advisory-covid-19/ o The Denton Record Chronicle also has been featuring articles on their site: dentonrc.com/ 8. Q: Where can I find more information about the Parks & Recreation and Libraries cancellations and closures? What can my family and I do for entertainment or leisure during this time? o A: Parks and Recreation and Libraries sent out mass email communications to their customers on Sunday, March 15 to answer some of the questions they’ve received. Those emails are posted on the City’s website here. Both Parks and Recreation and Libraries staff are working on digital options and sharing home-based activities. City Operations and Staffing 9. Q: What are plans for staffing? o A: The City is currently reviewing its Emergency Operations Plan and Business Continuity plans with departments. While discussions are ongoing, the City will seek to limit face-to- face staff meetings and utilize telecommuting on a temporary basis for those positions where it is both feasible and sensible. Also during this time, department leadership are Page 8 of 14 As of Monday, 3/16/20 ensuring that sufficient redundancy is in place so that essential city operations and services can continue. 10. Q: What online services are provided for by the City? o A: The City provides numerous online services including utility bill payments, employment applications, building permits, open records requests, among many others. Residents are also encouraged to use the Engage Denton webpage or app to report issues such as street light outages or to engage with the City on any number of other concerns. Municipal Court Proceedings 11. Q: How are Municipal Court proceedings impacted? o A: In-person Municipal Court proceedings have been suspended until Wednesday, April 1, per advisory from the Texas Office of Court Administration. This information was included in the press release sent on Friday, March 13 at 1 p.m. Police Operations 12. Q: What is Denton PD doing to protect officer safety and minimize exposure or spread? o A: Beginning at 6 a.m. Sunday, March 15, Denton PD temporarily changed its response protocol for non-emergency calls. An additional phone line has been activated, (940) 349- 8173, for all non-emergency situations where a report can be taken over the phone. Additionally, the front lobby of the police department is closed until further notice out of an abundance of caution during the City’s COVID-19 response. A press release was sent out on Sunday, March 15, with more information. Denton PD has also developed contingency operational, staffing, and logistics plans for the Department. 13. Q: What is Denton PD doing to avoid an outbreak or deal appropriately with an outbreak in our city jail? Have cite and release protocols for low-level offenses been implemented? o A: A deep cleaning has been done in the jail and will be done as needed. Chief Dixon has also directed officers to make arrests for Class C offenses as a last resort, if all other methods have failed. Arrests for Class C warrants have been suspended, and PD will not be confirming on out of jurisdiction Class C warrant arrests. This will greatly reduce individuals coming into our PD and jail facility and will limit officers’ exposure. Other offenses that cannot be released will still continue to be custody arrests. Fire Operations 14. Q: What is the Denton Fire Department doing to minimize exposure to firefighter/paramedics? o A: Beginning Saturday, March 14, Denton Fire placed into service a quick response squad and an additional ambulance that will solely respond to potential COVID-19 calls for service. These units stock the CDC approved personal protective equipment (PPE) to prevent transmission of the virus. The implementation of these specialized units will reduce the amount of Fire personnel potentially exposed along with creating a more controlled issuance of a limited amount of available PPE. Page 9 of 14 As of Monday, 3/16/20 COMMUNITY RESPONSE AND RESOURCES Schools and Universities 15. Q: What are the universities doing? o A: Information is available on TWU’s website here: www.twu.edu/coronavirus o Information is available on UNT’s website here: www.healthalerts.unt.edu/coronavirus 16. Q: What is Denton Independent School District (DISD) doing? o A: Staff continues to coordinate and work closely with Denton ISD. Information from Denton ISD is available at www.dentonisd.org/covid19, including closure information and information on free breakfast and lunch being served to children during the closure. 17. Q: What if parents need assistance with childcare? o A: Some efforts have been started in the community to help parents who are in need with assistance for childcare during this time.  From Grace Like Rain: “3/15 - Grace Like Rain; along with many other non-profits and churches, has joined together to offer assistance to our families with children who still have to go to work during this time of school closures. We are opening several sites to offer childcare for families in the area who have no other options. GLR will be keeping all sites small and will be following all recommended guidelines for cleaning and health. Please join us as a volunteer in this effort to assist our neighbors in these uncertain times. Please email info@glrtx.org if you have any questions and or concerns.” Vulnerable Populations 18. Q: What are we doing at the Senior Center? How can we stay connected or provide resources to seniors? o A: The Senior Center has been closed as of Saturday, March 14th. The center began to see a decline in visitors over Thursday and Friday prior to the closure presumably from members taking their own precautions in social distancing. Parks and Recreation staff is currently working on interactive activities that will posted online for all residents to access, including seniors, to stay active and engaged. The Senior Center staff is also performing “check-ins” with members of the Senior Center by calling to see how they are doing, if they are in need of any services, and letting them know how to get the most up-to-date information during this time. Additionally, SPAN will continue to use the Senior Center and the Martin Luther King Jr. Recreation Center as delivery hubs for their Meals-on-Wheels program to ensure seniors continue to receive their service. 19. Q: What services/resources will be available to get meals, medications, etc to the elderly and/or disabled in the event caretakers are not able to go to them? o A: City Staff is coordinating with local nonprofits to assess the nonprofit capacity and any planning for community responses in a number of public services areas primarily for the purpose of referral but also in in preparation regarding any COVID-19 related emergency financial response efforts if and when they develop. (duplicated below in Shelter section) Page 10 of 14 As of Monday, 3/16/20 Social Gatherings 20. Q: What is prohibited at this time? o A: On Friday, March 13, Mayor Chris Watts signed a declaration of local disaster for public health emergency to minimize the potential impact of COVID-19 in the City of Denton. Mayor Watts also issued an order prohibiting mass gatherings of 250 people or more in the City of Denton, effective from 5 p.m. Friday, March 13 until 5 p.m. Friday, March 20. This order may be extended by the Denton City Council. The Council is scheduled to meet on Tuesday, March 17. 21. Q: What is the guidance on social gatherings? o A: DCPH released a post on Facebook on Saturday, March 14 advising the following:  “DCPH urges you to follow the recommendation and keep your family home, away from social gatherings. The term “social distancing” refers to: • Avoiding groups of people and large events • Staying 6 feet away from other people, when possible • Foregoing handshakes and high-fives • Using online transactions • Avoiding close contact with people who are sick • Businesses, organizations, universities, and school districts choosing to close schools, cancellation of events, or requesting that employees and students stay home You are being asked to do this because social distancing helps to slow the spread of COVID-19. Even if you do not fall into a high-risk category, remember many others do.” o The CDC has further advice here for how to mitigate: www.cdc.gov/coronavirus/2019- ncov/community/index.html Shelters 22. Q: What are the local shelters and food kitchens doing? o A: The Executive Director of MKOC is presenting mitigation strategies to the Board on Monday. MKOC has had direct contact with the Denton County Health Department. DCPH dropped off information sheets that MKOC has posted and MKOC has printed copies to share with clients as they check in to cover the risk and techniques to reduce the spread of the virus. o MKOC has a plan to:  Implement strategies to limit physical/proximity contact between volunteers and clients during times such as meal service and provision of sanitary supplies in the evening;  Wellness intake assessment to include checking for fever or other symptoms;  Creating quarantine area in the front family sleeping room and/or front dining area as needed;  Coordinating with the Denton County Health Department to have the health department provide testing if someone is suspected of having the virus;  Increase in cleaning schedules/protocols; and Page 11 of 14 As of Monday, 3/16/20  Maintaining daily contact with TSA and ODB including planning for a scenario if ODB has to close and food delivery is not available. o Salvation Army has comprehensive infectious disease protocols and educational materials.  Referral For Medical Evaluation – Bus passes will be provided to those being referred  Disinfection Checklist that is in practice at our Denton Shelter  FAQ Documents in English and Spanish Screening - Anyone entering the SA facilities are being monitored closely and are being asked if they are experiencing any coronavirus symptoms or if they have had any recent medical attention.  Infectious Disease Prevention Protocols being used  Clients & Volunteers: Question Clients entering shelter o Are you experiencing any of these symptoms: fever, cough and difficulty breathing? o Have you been exposed to someone with these symptoms?  Distancing of 3 to 4 feet for those in the queue for shelter check-in or community dinners.  Shelter is maintaining a very detailed cleaning schedule to stay in compliance with TB protocols that have been in place for over a decade. Will continue to have elevated cleaning regimens with a focus on high-traffic areas/surfaces such as doors, door handles, reception areas, doors/rails and railings. All high traffic areas are cleaned once an hour. Additionally, staff are required to disinfect residential program areas at least four times a day.  Shelter is identifying an area that can be transitioned into an isolation or quarantine section. Shelter does not plan to shut down operations however some services may temporarily be suspended o The Executive Director of Our Daily Bread was out last week and we are waiting to hear further information. o City Staff is coordinating with local nonprofits to assess the nonprofit capacity and any planning for community responses in several public services areas primarily for the purpose of referral but also in in preparation regarding any COVID-19 related emergency financial response efforts if and when they develop. ASSISTANCE QUESTIONS Assistance to Residents in Need 23. Q: Can the City suspend utility disconnections during the emergency? o A: The City of Denton is working to assist residents experiencing hardship due to COVID-19 and its economic impacts. Utilities including electricity and water will not be discontinued, even if a bill is paid late. If any resident receives a courtesy call stating their services are scheduled to be interrupted, call the Utilities Customer Service at (940) 349-8700. Page 12 of 14 As of Monday, 3/16/20 24. Q: Are private utilities offering something similar to suspend disconnections? o A: Atmos has suspended natural gas disconnections. If a resident needs assistance in paying their natural gals bill, please direct them to visit this link: https://www.atmosenergy.com/customer-service/get-help-paying-your-bill 25. Q: Can evictions or foreclosures be suspended during the emergency? o A: Denton County issued its declaration of emergency on Friday, March 13. The Denton County District Court and County Courts issued temporary orders implementing the state OCA’s guidance. It is important to note that the Denton County Justice Courts, either individually or as a group, have not yet issued temporary orders indicating that they will follow the lead of the county’s senior courts in implementing the state OCA’s guidance. The Justice Courts is where evictions take place. As of now, one should consider that it is business as usual until one hears otherwise. 26. Q: What can the City do to assist individuals who may be out of work or at-risk of homelessness due to COVID-19? o A: Under the City’s disaster declaration and order, the City Manager has the authority to expend up to $50,000 to the United Way of Denton County to provide a fund for assistance to individuals who have lost work due to COVID-19 impacts in order to prevent against eviction or homelessness. UWDC is working on guidelines and procedures should the fund be established. Assistance to Businesses in Need 27. Q: What can be done to assist businesses during this period? o A: City staff is working on a communication to Denton businesses, including a resource website page and materials. There may be resources available to businesses through federal and state emergency declarations. More info to come. o Many local businesses are making adjustments to how they serve customers during this time. This may include changing hours, moving to online transactions, or providing delivery of goods so that residents can continue to shop local. Most businesses maintain a website or social media pages and are regularly posting information about any changes they are making, cleaning efforts, and more. In addition, staff have distributed the attached flier to businesses and made it available through the City’s social media channels and website. The flier links to the numerous resources that are available through federal and state agencies. o Businesses should also keep apprised of legislative changes that could impact them moving forward. Additional legislation and guidance is expected during this evolving situation. The Economic Development department is available to answer questions or assist businesses access resources. The “Families First Coronavirus Response Act” (HR 6201) has been approved by the House of Representatives, and is now waiting action in the Senate. Businesses should monitor this progress of this bill and review how it may impact their operations.  https://appropriations.house.gov/news/press-releases/house-passes-families-first- coronavirus-response-act  Bill summary: https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/F amilies%20First%20Summary%20FINAL.pdf Page 13 of 14 As of Monday, 3/16/20 o The SBA has a significant amount of information and resources for small businesses. Businesses are encouraged to visit the following websites to learn what resources are available:  https://www.sba.gov/disaster-assistance/coronavirus-covid-19  https://www.sba.gov/funding-programs/disaster-assistance o Residents are encouraged to shop local to the extent feasible. Locally-owned small businesses will be more severely impacted by the current economic environment. As long as it is safe for consumers, consider choosing a locally-owned small business to buy needed goods and services. o The U.S. Chamber of Commerce also has excellent resources for businesses and is actively advocating for additional relief for businesses and providing resources for businesses to use during this time. This includes information and customizable posters and graphics for businesses to share with customers and how to respond to questions from employees and customers.  https://www.uschamber.com/  https://www.uschamber.com/coronavirus  https://www.uschamber.com/coronavirus-response-toolkit 28. Q: How can I post advisories in my place of business or communicate to employees and customers regarding COVID-19 information? o A: Staff recommends business owners visit the Texas Department of State Health Services (DSHS) site for a communication toolkit and resources that may be helpful: www.dshs.state.tx.us/coronavirus/tools.aspx. Businesses can also visit the US Chamber of Commerce resources https://www.uschamber.com/coronavirus-response-toolkit 29. Q: What fees and permits do we have that can be suspended that could help local businesses during this time? o A: City staff can evaluate if direction is received from City Council with some parameters of what should be evaluated and what are the goals. 30. Q: Can we ask our federal lobbyist if money is available? If so, how can we get it? o A: Staff have inquired with the City of Denton’s federal lobbyist. We are awaiting a response and will share an update when available. COMMUNICATIONS Public Information 31. Q: What tools for communications are being used to reach the most people? o A: City staff are using all communication channels available including but not limited to press releases, website page of www.cityofdenton.com/coronavirus, all social media channels, email distributions, and signs at facilities. City staff highly encourage residents to follow the City’s social media channels or website for the latest information and to help reshare to reach more in our community. 32. Q: How will we address accessibility/language barriers in communications? o A: Staff has been rapidly drafting, developing, verifying, and releasing information as its available, so the primary goal has been to distribute and release efficiently. Staff will work to have the most pertinent info from the City to be translated. Staff has also been sharing Page 14 of 14 As of Monday, 3/16/20 resources from Texas DSHS which are both developed in English and Spanish and sharing the state and federal websites and resources which are available in multiple languages. 33. Q: Who can I call for more information? o Denton County Public Health - Denton County Public Health will open a call center on Monday, March 16th for Denton County community members needing more information about COVID-19. You can reach the team at (940) 349-2585 weekdays from 8AM to 5PM, and community members can call to obtain information about coronavirus or get questions answered. The call center team will not be able to provide diagnosis or individual clinical advice. If you are ill, please contact your healthcare provider. o Texas Department of State Health Services – Questions about COVID-19? Starting 3/14, dial 2-1-1 and then choose option 6. Hours: 7:00 a.m. – 8:00 p.m., 7 days per week. 34. Q: Where can I find more information? o City of Denton - www.cityofdenton.com/coronavirus o Denton County Public Health – www.dentoncounty.gov/coronavirus o Texas Department of State Health Services - www.dshs.texas.gov/coronavirus/ o Centers for Disease Control – www.cdc.gov/coronavirus COUNCIL MEETINGS AND ELECTIONS Council Meetings 35. Q: How will Council meetings be handled? o A: To protect the health and safety of the community and City employees and help minimize the potential spread of COVID-19 (Coronavirus), the City will put into place new procedures for City Council meetings while the Declaration of Local Disaster is in effect. A press release on Monday, March 16 was distributed with more details. Voting and Election 36. Q: Have there been any changes to municipal election or voting procedures? o A: At this point, per the Denton County Elections Administration office, it is proceeding as planned. The County is waiting to see if locations will be open for the election periods in various municipalities. The County has also ordered additional cleaning and sanitation supplies for voting period. The County also reminded that paper ballots are used which limits the extent of communal items that need to be touched by any voter. Staff will keep Council informed of any news from the State of Texas or Denton County which would impact municipal election. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-740,Version:1 AGENDA CAPTION Consider an ordinance of the City of Denton,a Texas home-rule municipal corporation,amending Ordinance No.20-721 regarding the declaration of emergency;amending the Order of Council of the City of Denton issued March 17,2020 approved by Ordinance No.20-721;authorizing the expenditure of funds;and providing an effective date. City of Denton Printed on 3/20/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Todd Hileman DATE: March 20, 2020 SUBJECT Consider an ordinance of the City of Denton, a Texas home–rule municipal corporation, amending Ordinance No. 20-721 regarding the declaration of emergency; amending the Order of Council of the City of Denton issued March 17, 2020 approved by Ordinance No. 20-721; authorizing the expenditure of funds; and providing an effective date. BACKGROUND Beginning in December 2019, a novel coronavirus, now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization. Likewise, both the President of the United States and the Governor of Texas have declared states of emergency regarding the disease. Symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death. The known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 18 positive or presumed positive cases across North Texas and several persons under observation in Denton County following presumed exposure. The Mayor determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and suspending all City utility shut-offs to residential customers. On March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration. The Mayoral Declaration was extended with Ordinance 20-720 by the City Council on March 17, 2020. This extension increases the term of the declaration through April 30, unless otherwise modified by Council. In addition to the extension of the declaration, the City Council issued an order that, among other requirements and exceptions: • Limited public gatherings to no more than 100 persons; • Urged all individuals to avoid gatherings of 50 persons or more; • Urged high-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend any gatherings during this time; • Strongly urged restaurants and bars within the city to limit occupancy to 50 percent or less than permitted by the restaurant or bar’s Certificate of Occupancy; • Authorized up to $500,000 in spending toward the COVID-19 response activities; and City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com • Authorized up to $50,000 in funding to the United Way of Denton County to assist individuals and families in the City of Denton, who have experienced income or job loss due to COVID-19, in eviction avoidance. Gathering Limitations On March 16, 2020, the CDC issued new guidelines for communities experiencing minimal or moderate spread of COVID-19. Beginning March 16, the CDC recommended that all events of 10 people or more should be cancelled or held virtually. Several Cities have adopted limitations restricting mass gatherings and limiting the operations of bars, restaurants, private clubs, and other similar establishments. As of noon on March 19, 2020, the following DFW cities have enacted these limitations includes: • Allen • Arlington • Carrollton • Dallas • Farmers Branch • Fort Worth • McKinney • Plano Denton County Declaration and Order On March 18, 2020, Denton County issued an amended declaration of disaster and executive order that, among other requirements and exceptions, held the following: • Public or private Recreational Gatherings and Community Gatherings of 50 persons or more are prohibited anywhere in Denton County; • Restaurants with or without drive-in or drive-through services and microbreweries, microdistilleries, or wineries may only provide take out, delivery, or drive-through services as allowed by law; and • Bars, lounges, taverns, private clubs, arcades, and gyms shall close. Governor Executive Order On March 19, 2020, the Governor of the State of Texas issued an executive order under the declaration of disaster for the state. The order, in effect until April 3, states that: • Every person in Texas shall avoid social gatherings in groups of more than 10 people; • People shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors; provided, however, that the use of drive-thru, pickup, or delivery options is allowed and highly encouraged throughout the limited duration of this executive order; • People shall not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance; and • Schools shall temporarily close. OPTIONS N/A RECOMMENDATION N/A ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW (Council, Boards, Commissions) March 17 – Adoption of Ordinance 20-720 extending and modifying Mayoral Declaration March 13 – Mayoral Declaration of Local Disaster FISCAL INFORMATION N/A BID INFORMATION N/A EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Ordinance Exhibit 3 – Order Exhibit 4 – March 13 Mayoral Declaration of Local Disaster Exhibit 5 – March 13 Order of the Mayor of the City of Denton Exhibit 6 – March 17 Ordinance and Order 20-721 Respectfully submitted: Sarah Kuechler Chief of Staff Prepared by: Ryan Adams Deputy Director of Public Affairs/IGR S:\Public Affairs\Communications\COVID-19\Agenda Items\Amending Declaration and Order of Council Ordinance - Draft 2.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME–RULE MUNICIPAL CORPORATION, AMENDING ORDINANCE NO. 20-721 REGARDING THE DECLARATION OF EMERGENCY; AMENDING THE ORDER OF COUNCIL OF THE CITY OF DENTON ISSUED MARCH 17, 2020 APPROVED BY ORDINANCE NO. 20-721; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS- CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization; and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 18 positive or presumed positive cases across North Texas and several persons under observation in Denton County following presumed exposure; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings of over 100 people and potentially requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temporarily closing City buildings, facilities, and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings; providing resources to prevent eviction due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential customers; and WHEREAS, on March 13, 2020, the Mayor executed a “Declaration of Local Disaster for Public Health Emergency,” a copy of which is attached hereto as Exhibit “A,” and an “Order of the Mayor of the City of Denton” pursuant to the Declaration, a copy of which is attached hereto as Exhibit “B;” and WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020, the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through April 30, 2020 and issued an Order of the Council of the City of Denton, attached thereto as Exhibit “C,” including the authorization to expend no more than Five Hundred Fifty Thousand Dollars S:\Public Affairs\Communications\COVID-19\Agenda Items\Amending Declaration and Order of Council Ordinance - Draft 2.docx ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; and WHEREAS, City of Denton Code of Ordinances Section 9-54(b) provides for penalties for violation of proclamations of emergency and any rule, regulation, or order issued pursuant to such proclamation and Chapter 9 of the City of Denton Code of Ordinances; and WHEREAS, information about COVID-19 continues to evolve and measures must be taken to respond to the latest information available; and WHEREAS, following updated information on the spread of COVID-19, the City Council finds it is in the public interest to amend the Declaration of Emergency of Ordinance No. 20-721 and the Order of Council passed March 17, 2020; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, in the interest of public health and safety, the effective period of the Declaration of Disaster is hereby amended from 11:59 p.m. on April 30, 2020 to __;___ _.m. on ____________, ___________, __, 2020, unless further extended, revised, or terminated by law. SECTION 3. The Order of Council of the City of Denton, issued March 17, 2020, is hereby amended as shown in the attached Exhibit “A.” SECTION 4. Pursuant to City of Denton Code of Ordinances Section 9-23, the amount authorized to be spent by the City Manager for necessary emergency response procurement and essential functions not already budgeted is amended from Five Hundred Fifty Thousand Dollars ($550,000.00) to ___________________. The City Manager shall keep a written account of all emergency procurements made during this emergency and provide such accounting to City Council within three (3) months of the conclusions of the emergency. SECTION 5. The motion to approve this Ordinance was made by _______________and seconded by _______________________; the Ordinance was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ S:\Public Affairs\Communications\COVID-19\Agenda Items\Amending Declaration and Order of Council Ordinance - Draft 2.docx Paul Meltzer, At Large Place 6: ______ ______ ______ ______ S:\Public Affairs\Communications\COVID-19\Agenda Items\Amending Declaration and Order of Council Ordinance - Draft 2.docx PASSED AND APPROVED this the _________ day of ___________________, 2020. __________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ EXHIBIT “A” Page 1 of 3 FIRST AMENDED ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MARCH 20, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vulnerable members of the community, this Order closes certain City buildings and limits non-essential services or uses. This order prohibits community gatherings of _______ (__) persons or more within the City of Denton beginning at 5:00 p.m. on March 20, 2020, and continuing through 4:59 p.m. on April 30, 2020, as defined below. The City of Denton strongly recommends following the social distancing protocols promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of _______ (__) persons or more and high-risk individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this time. PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON COUNCIL HEREBY ORDERS: 1. Effective as of 12:01 a.m. on Wednesday, March 18, 2020, and continuing until 11:59 p.m. on Thursday, April 30, 2020, public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton. 2. The City of Denton strongly urges all individuals to avoid any gatherings of ______ (___) persons or more. Further, individuals in high-risk populations, as defined by the CDC should avoid all gatherings. These recommendations are based on the social distancing practices promulgated by the CDC as well as the “Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission” issued by the CDC. The City of Denton urges people not to attend non-essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a “Community Gathering” is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is EXHIBIT “A” Page 2 of 3 likely to bring together _______ (___) or more persons at the same time in a single room or other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a “Community Gathering” does not include the following so long as visitors are generally not within arm’s length of one another for extended periods: i. spaces where persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; ii. office space or residential buildings; iii. grocery stores, shopping malls, or other retail establishments where large numbers of people are present, but it is unusual for them to be within arm’s length of one another for extended periods, though the City of Denton strongly urges said businesses to enforce social distancing of six (6) feet or more in line or queue areas; iv. hospitals, medical facilities, and shelters; and v. jails and detention facilities. c. Specifically excluded from the definition of “Community Gathering” is the following: i. gathering of people in multiple, separate enclosed spaces in a single building, such as a school, church, or office building, so long as ____ people are not present in any single space at the same time; ii. the use of enclosed spaces where ____ or more people may be present at different times during the day, so long as _____ or more people are not present in the space at the same time; and iii. places of employment not otherwise generally open to the public. 5. Restaurants, microbreweries, micro-distilleries, and wineries within the City may only provide take out, delivery, or drive-through services. Nothing herein should be construed to authorize violation of Texas Penal Code Section 49.031 or the Texas Alcoholic Beverage Code.6. Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close. 7. All City of Denton utility non-payment shut offs are suspended during the term of this Order. 8. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 9. This Order shall be effective until 11:59 p.m. on Thursday, April 30, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 10. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, EXHIBIT “A” Page 3 of 3 which shall meet only to consider applications subject to state law-imposed deadlines; b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications, variance applications, certificate of appropriateness applications, or administrative appeals requiring approval from the Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commissions, or the City Council shall be accepted for the term of this Order; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; and h. The City Manager is authorized to approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code Section 252.022. 11. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City’s website and in other conspicuous places. IT IS SO ORDERED, PURSUANT TO ORDINANCE NO. ________________________ _________________________________ Mayor Chris Watts City of Denton ORDINA CE NO. 20-72] AN ORD! ANC · OF THE CITY OF DENTON. A TEXAS HOME-RULE MUNICIPAL CORPORATION. EXTENDING THE FFECTIVE PERIOD OF THE DECLARATION OF EMERGENCY EXECUTED BY Tl IE MAYOR ON MARCH 13. 2020: TERMINATING AND REPLACl G THE ORDER OF THE MAYOR DATED MARCH 13. 2020; AUTHORIZING THE EXPENDIT R OF AMOUNT T TO EXCEED FIVE H R D FIFTY THOUSAND DOLLARS ($550.000.00) DURING THIS PERIOD PURSUANT TO ODE OF ORDINANC ES SECTION 9-23: AND PROVIDING AN EF CTIVE DATE. WHEREAS. beginning in December 2019, a novel coronavirus, now designated SARS- oV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World H alth Organization: and WHEREAS. symptoms of COVID-19 include fever. coughing. and shortness of breath, and in some cases the virus has cau ·cd death: and WHEREAS. the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 18 positive or presumed positive cas s across North Texa<; and several persons under observation in Denton County following presumed exposure: and WHEREAS. extraordinar measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings of over I 00 people and potential ly requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Crimi nal Appeals. and Regional Judges, has provided guidance recommending postponement of all non-essential court proceedings, minimizing staff, and taking all other appropriate measures to prevent the spread of disease; and WHEREAS, the Mayor of the City of Denton has determined that extraordinary measures must be taken by temporarily limiting the number of persons allowed to convene in a single location; temp rarily clo ing City buildings. facilities. and limiting certain uses thereof; temporarily postponing all non-essential municipal court proceedings: providing resourc s to prevent eviction due to COVID-19 impact: and temporarily suspending all City utility shut-offs to residential customers: and WHEREAS, on March 13. 2020. the Mayor executed a ··Declaration of Local Disaster for Public Health Emergency:· a copy of which is attached hereto as Exhibit '·A;· and an ··Order of the Mayor of the City of Denton" pursuant to the Declaration. a copy of which is attached hereto as Exhibit ··s:·· and WHEREAS. the City Council finds that it is in the best interest of the citizens of the City of Denton to extend the effectiveness of the March 13, 2020 Declaration of Disaster until 11 :59 p.m. April 30, 2020, tenninate and replace the Order of the Mayor, as detailed herein. and authorize the expenditure of no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to proceed with the necessary emergency responses and essential functions not already budgeted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts, circumstances, and recitations contained in the preamble of this Ordinance are found and declared to be true and correct, and are incorporated herein by reference as if fully set out herein. SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27, City of Denton Code of Ordinances, the effective period of the attached Declaration of Disaster executed by the Mayor on March 13, 2020 is extended until 11:59 p.m. on Thursday, April 30, 2020 in the interest of public health and safety in an attempt to prevent the spread ofCOVID-19, unless further extended, revised, or terminated by law. SECTION 3. The Order of the Mayor, executed by the Mayor pursuant to the Declaration of Disaster on March 13, 2020, is hereby tenninated and replaced with the Order of Council attached hereto as Exhibit "C." SECTION 4. Pursuant to City of Denton Code of Ordinances Section 9-23, the City Manager is hereby authorized to expend funds up to Five Hundred Fifty Thousand Dollars ($550,000.00) for necessary emergency response procurement and essential functions not already budgeted. The City Manager shall keep a written account of all emergency procurements made during this emergency and provide such accounting to City Council within three (3) months of the conclusion of the emergency. SECTION 5. The m~n to approve this Ordinance was made by ~ /2 · and seconded by G a/If 2 ~ 19;:J ; the Ordinance was passed and ap roved by the following voter a:.-.LJ Aye Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: ✓ Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: 7 Paul Meltzer, At Large Place 6: ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY A TTO Y EXHIBIT "A" DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY WHEREAS, beginning in December 2019. a novel coronavirus. now designated SARS-CoV2 which causes the disease COVID-19, has spread throughout the world and has now been declared a global pandemic by the World Health Organization: and WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath, and in some cases the virus has caused death; and WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently increasing daily with 13 positive or presumed positive cases across North Texas and several persons under observation in Denton County following presumed exposure; and WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout the City of Denton and Denton County, including the limitation of community gatherings of over two hundred fifty (250) people and potentially requiring individuals, groups of individuals, or property to be subject to additional measures that prevent or control the spread of disease; and WHEREAS, the State Office of Court Administration, in consultation with the Supreme Court, Court of Criminal Appeals, and Regional Presiding Judges has provided guidance recommending postponement of all non-essential court proceedings. minimizing staff, and taking all other appropriate measures to prevent the spread of disease; OW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF DENTON: I. That a local state of disaster for public health emergency is hereby declared for the City of Denton, a Texas home-rule municipal corporation, pursuant to Section 418.108(a) of the Texas Government Code and Section 9-21 of the City of Denton Code of Ordinances. 2. Pursuant to Texas Government Code Section 418 .108(b) and Section 9-27 of the City of Denton Code of Ordinances. the state of disaster for public health emergency shall continue for a period of not more than seven (7) days from the date of this declaration unless continued or renewed by the Denton City Council. 3. Pursuant to Texas Government Code Section 418. l 08( c) and Section 9-25 of the City of Denton Code of Ordinances, this declaration of a local state of disaster for public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. Pursuant to Section 4 l 8.108(d) of the Texas Government Code, this declaration of a local state of disaster activates the City of Denton emergency management plan and grants the Mayor the powers set forth in Section 9-22 of the City of Denton Code of Ordinances; including the power to temporarily close City buildings, facilities, and ce11ain uses thereof; to temporarily postpone all Page 1 of 2 non-essential municipal court proceedings; to temporarily suspend all City utility shut-offs to residential customers affected by COVID-19; and to prohibit all public and private gatherings wherein two hundred fifty (250) people or more are expected, as well as those gatherings of twenty (20) or more people where high-risk individuals. as defined by the United States Centers for Disease Control and Prevention (CDC) are in attendance. 5. Pursuant to Health and Safety Code Section 122 .006. the City may adopt rules to protect the health of persons in the City and provide for the establishment of quarantine stations, emergency hospitals, and other hospitals. 6. That this proclamation shall take effect immediately from and after its issuance. DECLARED this the l 2~Y of March. 2020. ~ City of Denton Mayor Page 2 of2 EXHIBIT "B" ORDER OF TH E MAYOR OF THE CITY OF DENTON DATE ISSUED: MARCH 13, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vuln rable members of the community, this Order closes certain City buildings and non-essential services or uses. This order prohibits community gatherings of two hundred fifty (250) persons or more within the City of Denton beginning at 5:00 p.m. on March 13, 2020, and continuing seven days through 5:00 p.m. on March 20, 2020, as defined below. The City of Denton strongly recommends following the social distancing protocols attached to this Order. Additionally, the City of Denton urges high-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend events that will have or will likely have 20 or more people. PURUSANT TO THE MAYORAL PROCLAMATION OF MARCH 13, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON MAYOR CHRIS WATTS HEREBY ORDERS: I. Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until 5:00 p.m. on March 20, 2020, public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton. 2. The City of Denton strongly urges organizations that serve high-risk populations, as defined by the Centers for Disease Control and Prevention (CDC), to cancel gatherings of more than 20 people. These recommendations are based on the social distancing practices promulgated by the CDC as well as the '·Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non- essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in the Municipal Court No. I of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest wanant requests. arraignments. criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together three hundred (300) or more persons at the same time in a single room or Page 1 of 2 other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a ·'Community Gathering'' does not include the following so long as visitors are generally not within arm· s length of one another for extended periods: 1. spaces where 250 or more persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; 11. office space or residential buildings; 111. grocery stores, shopping malls, or other retail establishments where large numbers of people are present but it is unusual for them to be within arm's length of one another for extended periods; and iv. hospitals and medical facilities. c. Specifically excluded from the definition of "Community Gathering'" is the following: i. gathering of people in multiple, separate encloses spaces in a single building, such as a multiplex movie theater, school, church. or office tower, so long as 250 people are not present in any single space at the same time; and ii. the use of enclosed spaces where 250 or more people may be present at different times during the day, so long as 250 or more people are not present in the space at the same time. 5. It is further ordered that all City of Denton utility shut offs for residential customers are suspended, even for nonpayment, during the pendency of this Order upon proof of income or job loss directly resulting from COVID-19. 6. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton. who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 7. This Order shall be effective until 5:00 p.m. on Friday, March 20, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. ITISS~~ ~sWatts City of Denton Page 2 of 2 EXHIBIT "C" ORDER OF THE COUNCIL OF THE CITY OF DENTON DATE ISSUED: MARCH 17, 2020 Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted through person to person contact, especially in group settings, and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of the rapid spread of the virus, the need to protect the most vulnerable members of the community, this Order closes certain City buildings and limits non-essential services or uses. This order prohibits community gatherings of one hundred ( 100) persons or more within the City of Denton beginning at 12:01 a.m. on March 18, 2020, and continuing through 11 :59 p.m. on April 30, 2020, as defined below. The City of Denton strongly recommends following the social distancing protocols promulgated by the Centers for Disease Control and Prevention (CDC). Additionally, the City of Denton urges all individuals to avoid gatherings of fifty (50) persons or more and high-risk individuals, as defined by the CDC, to cancel, reschedule, or not attend any gatherings during this time. PURSUANT TO THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF ORDINANCES AND SECTION 416.108 OF THE TEXAS GOVERNMENT CODE, CITY OF DENTON COUNCIL HEREBY ORDERS: 1. Effective as of 12:01 a.m. on Wednesday, March 18, 2020, and continuing until 11:59 p.m. on Thursday, April 30, 2020, public or private Community Gatherings (as defined in Section 4 below) are prohibited anywhere in the City of Denton. 2. The City of Denton strongly urges all individuals to avoid any gatherings of fifty (50) persons or more. Further, individuals in high-risk populations, as defined by the CDC should avoid all gatherings. These recommendations are based on the social distancing practices promulgated by the CDC as well as the "Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued by the CDC. The City of Denton urges people not to attend non-essential gatherings during the duration of this Order in order to help slow down the spread of the COVID-19 virus. 3. All non-essential court proceedings in Municipal Court No. 1 of the City of Denton are postponed. All such proceedings will be rescheduled following the term of this Order. No fine, penalty, or punishment shall issue against a party because of the postponement ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed essential by the state Office of Court Administration, including search and arrest warrant requests, arraignments, criminal magistration proceedings, and requests for temporary restraining orders. 4. Definitions: a. For purposes of this Order, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together one hundred (100) or more persons at the same time in a single room or Page 1 of 3 EXHIBIT "C" other single confined or enclosed space, such as an auditorium, theater, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, gymnasium, or any other confined space. b. For purposes of clarity, a "Community Gathering" does not include the following so long as visitors are generally not within arm's length of one another for extended periods: 1. spaces where persons may be in transit or waiting for transit, such as airports, bus stations, or terminals; 11. office space or residential buildings; 111. grocery stores, shopping malls, or other retail establishments where large numbers of people are present, but it is unusual for them to be within arm's length of one another for extended periods, though the City of Denton strongly urges said businesses to enforce social distancing of six ( 6) feet or more in line or queue areas; 1v. hospitals, medical facilities, and shelters; and v. jails and detention facilities. c. Specifically excluded from the definition of "Community Gathering" is the following: 1. gathering of people in multiple, separate enclosed spaces in a single building, such as a multiplex movie theater, school, church, or office building, so long as 100 people are not present in any single space at the same time; ii. the use of enclosed spaces where 100 or more people may be present at different times during the day, so long as 100 or more people are not present in the space at the same time; and 111. places of employment not otherwise generally open to the public. 5. The City of Denton strongly urges restaurants and bars within the City to limit occupancy to fifty percent (50%) or less than permitted by the restaurant or bar's Certificate of Occupancy. 6. All City of Denton utility non-payment shut offs are suspended during the term of this Order. 7. The City Manager is given authority to expend up to $50,000.00 as funding to the United Way of Denton County to assist individuals and families living in the City of Denton, who have experienced income or job loss directly resulting from COVID-19, in eviction avoidance. 8. This Order shall be effective until 11 :59 p.m. on Thursday, April 30, 2020, or until it is either rescinded, superseded, or amended pursuant to applicable law. 9. Pursuant to Section 9-22 of the Code of Ordinances, the following measures are also hereby ordered: a. All City Committee, Commission, and Board meetings are suspended through the term of this order, with the exception of the Planning and Zoning Commission, which shall meet only to consider applications subject to state law-imposed deadlines; Page 2 of 3 EXHIBIT "C" b. City Council meetings shall be rescheduled as posted and may be conducted in accordance with alternate measures as permitted by law; c. Only electronic purchasing submissions shall be accepted; d. No development applications, variance applications, certificate of appropriateness applications, or administrative appeals requiring approval from the Planning and Zoning Commission, Zoning Board of Adjustment, Historic Landmark Commissions, or the City Council shall be accepted for the term of this Order; e. The City Manager or his designee is authorized to make application for local, state, and federal assistance as necessary and/or applicable; f. The City Manager or his designee is authorized to accept on behalf of the City services, gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or government sources; g. The City Manager or his designee is authorized to terminate or suspend any event that is or may negatively impact the health, safety, and welfare of persons within the City; and h. The City Manager is authorized to approve individual purchases up to $500,000.00 for general expenditures, which includes: fees, professional services, personal services, and other categories exempted from the bid process by the Local Government Code Section 252.022. 10. Copies of this Order shall be promptly provided to the City Secretary for filing and posting on the City's website and in other conspicuous places. ANCE NO. 20-721. Mayor ris Watts City of Denton Page 3 of 3 Individual Consideration:Amend City’s Disaster Declaration and Order1 Denton County Amendment2As of Friday, 3/20/20 at Noon•On Wednesday, March 18, 2020, Denton County issued an amended declaration of disaster and executive order that, among other requirements and exceptions, held the following:•Public or private Recreational Gatherings and Community Gatherings of 50 persons or more are prohibited anywhere in Denton County;•Restaurants with or without drive-in or drive-through services and microbreweries, micro distilleries, or wineries may only provide take out, delivery, or drive-through services as allowed by law; and•Bars, lounges, taverns, private clubs, arcades, and gyms shall close.•Effective until March 25 at 11:00 a.m. State of Texas Order•Issued yesterday, Thursday, March 19•Effective 11:59 p.m. on March 20, 2020, and continuing until 11:59 p.m. on April 3, 2020; however, could be extended•Four (4) orders:1. In accordance with the Guidelines from the President and the CDC, every person in Texas shall avoid social gatherings in groups of more than 10 people.2. In accordance with the Guidelines from the President and the CDC, people shall avoid eating or drinking at bars, restaurants, and food courts, or visiting gyms or massage parlors; provided, however, that the use of drive-thru, pickup, or delivery options is allowed and highly encouraged throughout the limited duration of this executive order3. In accordance with the Guidelines from the President and the CDC, people shall not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance4. In accordance with the Guidelines from the President and the CDC, schools shall temporarily close3As of Friday, 3/20/20 at Noon State of Texas Order (continued)•This executive order does not prohibit people from visiting a variety of places, including grocery stores, gas stations, parks, and banks, so long as the necessary precautions are maintained to reduce the transmission of COVID-19. This executive order does not mandate sheltering in place. •All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services.•For offices and workplaces that remain open, employees should practice good hygiene and, where feasible, work from home in order to achieve optimum isolation from COVID-194As of Friday, 3/20/20 at Noon Current City of Denton Declaration and Order5As of Friday, 3/20/20 at Noon•The Mayoral Declaration was extended with Ordinance 20-720 by the City Council on March 17, 2020. Extended declaration and order through April 30:•Limited public gatherings to no more than 100 persons;•Urgedall individuals to avoid gatherings of 50 persons or more;•Urged high-risk individuals, as defined by the Centers for Disease Control and Prevention (CDC), to cancel, reschedule, or not attend any gatherings during this time;•Strongly urged restaurants and bars within the city to limit occupancy to 50 percent or less than permitted by the restaurant or bar’s Certificate of Occupancy;•Authorized up to $500,000 in spending toward the COVID-19 response activities; and•Authorized up to $50,000 in funding to the United Way of Denton County to assist individuals and families in the City of Denton, who have experienced income or job loss due to COVID-19, in eviction avoidance Consideration to Amend Declaration and Order6As of Friday, 3/20/20 at NoonProposed to Align:•Edit Section 1: Public or private Community Gatherings (as defined in Section 4) are prohibited anywhere in the City of Denton •Section 4 Definition - Limits Community Gatherings of no more than _____or more persons.•Edit Section 2: Urges all individuals to avoid gatherings of ____ persons or more. Further, individuals in high-risk populations, as defined by CDC, should avoid all gatherings.•Modify Section 5: Restaurants, microbreweries, micro distilleries, and wineries within the City may only provide take out, delivery, or drive-through services.•Add Section 6: Bars, lounges, taverns, motion picture and stage theaters, clubs, and gyms shall close. City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-745,Version:1 AGENDA CAPTION Consider a resolution of the City of Denton approving the Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement for the formation of a regional law enforcement mutual aid task force with other area law enforcement agencies for the purposes of providing and receiving law enforcement assistance;authorizing the city manager to execute the appropriate documents;and providing an effective date. City of Denton Printed on 3/20/2020Page 1 of 1 powered by Legistar™ City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-741,Version:1 AGENDA CAPTION Consider adoption of an ordinance amending Ordinance No.20-264 ordering an election to be held in the City of Denton,Texas,on May 2,2020 and,if a runoff election is required,on June 13,2020,for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton,to change the date of the election;confirming candidate filings;providing dates for voter registration, applications for a ballot by mail,and early voting;authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary;providing a savings clause; providing an open meetings clause; and providing an effective date. City of Denton Printed on 3/20/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Secretary’s Office ACM: Assistant City Manager Sara Hensley DATE: March 20, 2020 SUBJECT Consider adoption of an ordinance amending Ordinance No. 20-264 ordering an election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, for the purpose of electing Council Members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, to change the date of the election; confirming candidate filings; providing dates for voter registration, applications for a ballot by mail, and early voting; authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date. BACKGROUND Article III (Nominations and Elections), Section 3.01 (Municipal elections), of the Denton City Charter provides that “the regular election for the choice of members of the City Council as provided in Article II shall be held each year on the uniform election day for municipal elections in May established by the Election Code.” That date is May 2, 2020. Further, Section 3.05 (Regulation of Elections) requires that “all city elections shall be governed by the applicable provisions of the Election Code of the State of Texas, as now or hereafter amended.” On February 4, 2020, the City of Denton General Election City Council Places 5, 6, and 7 (Mayor) [Exhibit 2] was ordered. The Order also called for the runoff election, if needed, to be held on June 13, 2020. Since the elections were first ordered, the Nation has been faced with the imminent threat of the coronavirus (COVID-19). As a result, the Nation has had to modify many of its processes to ensure the safety of its population. On March 18, 2020, Governor Greg Abbott issued a Proclamation authorizing political subdivisions holding an election on the May 2, 2020 Uniform Election Date to move that election to the November 3, 2020 Uniform Election Date [Exhibit 3]. However, the governing bodies of the political subdivisions are required to take official action on the move. Further, Denton County Elections Administrator Frank Phillips sent notification of their recommendation that political subdivisions move their election(s) from May 2, 2020 to November 3, 2020 [Exhibit 4]. The unofficial estimated cost for the May election (not including any runoff) is $115,000; and if the election is not moved, the estimate could double. Adoption of the proposed ordinance [Exhibit 5] will authorize the City of Denton General and Special Elections scheduled for May 2, 2020 and corresponding runoff election scheduled for June 13, 2020 (if needed) to be moved to November 3, 2020. All applicable deadlines would be adjusted to meet those that City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com apply to any election held on the November 2020 Uniform Election Date. Until the election is officially moved, the deadlines in place for the May 2, 2020 remain in effect. For any election held in November, joint election participants are required to use Denton County election precincts. The proposed ordinance provides that “The polling places shall be designated by the Denton County Elections Administrator (the “Elections Administrator”) in accordance with the provisions of a joint election agreement and contract for election services (the “Agreement”) with the Elections Administrator.” The contract will be presented for adoption at a future date. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 14, 2020, a work session item presented polling location options for use during early voting and on election day. Ordinance 20-264 was adopted on February 4, 2020 which ordered the General Election City Council Places 5, 6, and 7 (Mayor). EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 – Ordinance 20-264 Ordering 5-2-2020 General Election Exhibit 3 – Proclamation Issued by Governor Greg Abbott on March 18, 2020 Authorizing Election Move Exhibit 4 – Email from Denton County Elections Administrator Frank Phillips Recommending Election Move Exhibit 5 – DRAFT Ordinance and Exhibit Exhibit 6 - Presentation Respectfully submitted: Rosa Rios City Secretary March 18,2020 The Honorable Ruth R.Hughs Secretary of State State Capitol Room 1E.8 Austin,Texas 78701 Dear Secretary Hughs: FILED IN THE OFFICE OF THESECRETARyOFSTATE0:‘OMYCLOCK Secretary of State Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: A proclamation suspending Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office,and suspending Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The original of this proclamation is attached to this letter of transmittal. Governor GOVERNOR GREG ABBOTT Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERVICES PROCLAMATION BY THE (%!t1fltttLTt 1f f1 f Lxz TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS,Section 41.001(a)(2)of the Texas Election Code provides that a general or special election in this state shall be held on a uniform election date,and the next uniform election date is occurring on May 2,2020;and WHEREAS,Section 49.103 of the Texas Water Code provides that certain districts governed by this provision are required to hold director elections in May of each even- numbered year;and WHEREAS,Section 41.0052 of the Texas Election Code prescribes a procedure for a political subdivision to change a general election date,but the time for making such a change has expired;and WHEREAS,Section 31.093 of the Texas Election Code requires a county elections administrator to enter into a contract to furnish election services upon request of a political subdivision;and WHEREAS,Section 42.0621(c)of the Texas Election Code does not require a political subdivision to enter into a contract with a county or hold a joint election with a county on the November uniform election date;and WHEREAS,on March 13,2020,the Governor of Texas certified that the novel coronavirus (COVID-19)poses an imminent threat of disaster and,under the authority vested in the Governor by Section 418.0 14 of the Texas Government Code,declared a state of disaster for all counties in Texas;and WHEREAS,pursuant to Section 418.0 16 of the Texas Government Code,the Governor has the express authority to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions,orders,or rules would in any way prevent,hinder, or delay necessary action in coping with a disaster. NOW,THEREFORE,I,GREG ABBOTT,Governor of Texas,under the authority vested in me by the Constitution and Laws of the State of Texas,do hereby suspend Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to .the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office.I further suspend Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The authority ordering the election under Section 3.004 of the Texas Election Code is the authority authorized to make the decision to postpone its election in accordance with this proclamation. Current office holders will hold over to the extent authorized by Article XVI, Section 17 of the Texas Constitution. FILED IN THE OFFiCE OF THESECRETARYOFSTATE t(OcF.O’CLOCK MAR 18 2020 Governor Greg Abbott March 1$,2020 Proctal?tatio,t Page 2 rE UTH R.HUGHS Secretary of State FILED IN THE OFFICE OF THESECRETARYOFSTATE —J-QIP!!rO’CLocK MAR 182020 IN TESTIMONY WHEREOF,I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin,Texas,this the 18th day of March,2020. Governor of Texas ATTESTED BY: From:Frank Phillips To: Subject:RE: MASS EMAIL ADVISORY - (CC/EA/VR - 700) - Advisory 2020-12- Actions for May 2, 2020 Uniform Election(COVID-19) Date:Wednesday, March 18, 2020 1:27:29 PM Attachments:image001.pngimage004.jpg Sensitivity:Personal This message has originated from an External Source. Please be cautious regarding links and attachments. Good afternoon everyone, It is the STRONG recommendation of Denton County Elections Administration that you each move your elections to November based on the following: ·       The COVID-19 pandemic is still a fluid situation with an unknown outcome. We do not know if we are on the downward side of the pandemic or if cases are still on the rise. This will not be known for some time. ·       The public unease is also present in the people that you ask to work your elections. It is a certainty that we will have some difficulty in finding people who are willing to serve as poll workers, and remember that a vast majority of poll workers fall into the senior age bracket. In fact, Florida had some polling sites that were unopened because they could not get anyone to work them. We do not want to have such a scenario in Denton County. ·       Denton County, as most other jurisdictions, is currently under a disaster declaration that has an unknown ending date. Part of that declaration includes “social distancing” which is extremely difficult in an election scenario. This is also the case with training. Current CDC guidelines recommend gatherings of no more than 10 people; this would make training of poll workers very difficult and maintaining CDC’s guideline of 10 people would be extremely difficult in a polling site. ·       The availability of buildings that some of you offered as polling sites have now been shut to the public. So even now, there is some confusion whether those buildings are still available for use as a polling location. ·       The pandemic has caused the availability of sanitation supplies to become almost non- existent. We recently tried to purchase some so we could ensure the safety of your voters and election workers, but these items were on backorder with no expected delivery date. The cost of your election is something that is extremely important to you and your tax payers. If you hold your election in May it will cost you roughly twice as much as it will cost you in November because you will be splitting the cost with Denton County in November. Additionally, whoever chooses to remain on the May election date, will incur a reprogramming expense and additional public testing expense because the entire election will have to be reprogrammed and public tested. To be clear, if everyone goes to November, there will be no additional expenses and your election cost will be roughly half of May would have been. If any entity chooses to remain with the May date, and other overlapping entities do not, the entity that stays with May will see an increase in their election cost because they are no longer sharing expenses. The State did not provide a deadline for you to make your decision. We would ask that you let us know by noon this Friday, March 20th, of your decision. I understand that you may not be able to take formal action by that date, but if you can give us written guidance we can take actions to move in the necessary direction. We understand that these are trying times, but the safety of the citizens of Denton County are of upmost importance. Frank Phillips Denton County Elections Administrator 701 Kimberly Drive Denton, TX 76208 940-349-3200 March 18,2020 The Honorable Ruth R.Hughs Secretary of State State Capitol Room 1E.8 Austin,Texas 78701 Dear Secretary Hughs: FILED IN THE OFFICE OF THESECRETARyOFSTATE0:‘OMYCLOCK Secretary of State Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: A proclamation suspending Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office,and suspending Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The original of this proclamation is attached to this letter of transmittal. Governor GOVERNOR GREG ABBOTT Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERVICES "EXHIIT A" PROCLAMATION BY THE (%!t1fltttLTt 1f f1 f Lxz TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS,Section 41.001(a)(2)of the Texas Election Code provides that a general or special election in this state shall be held on a uniform election date,and the next uniform election date is occurring on May 2,2020;and WHEREAS,Section 49.103 of the Texas Water Code provides that certain districts governed by this provision are required to hold director elections in May of each even- numbered year;and WHEREAS,Section 41.0052 of the Texas Election Code prescribes a procedure for a political subdivision to change a general election date,but the time for making such a change has expired;and WHEREAS,Section 31.093 of the Texas Election Code requires a county elections administrator to enter into a contract to furnish election services upon request of a political subdivision;and WHEREAS,Section 42.0621(c)of the Texas Election Code does not require a political subdivision to enter into a contract with a county or hold a joint election with a county on the November uniform election date;and WHEREAS,on March 13,2020,the Governor of Texas certified that the novel coronavirus (COVID-19)poses an imminent threat of disaster and,under the authority vested in the Governor by Section 418.0 14 of the Texas Government Code,declared a state of disaster for all counties in Texas;and WHEREAS,pursuant to Section 418.0 16 of the Texas Government Code,the Governor has the express authority to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions,orders,or rules would in any way prevent,hinder, or delay necessary action in coping with a disaster. NOW,THEREFORE,I,GREG ABBOTT,Governor of Texas,under the authority vested in me by the Constitution and Laws of the State of Texas,do hereby suspend Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to .the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office.I further suspend Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The authority ordering the election under Section 3.004 of the Texas Election Code is the authority authorized to make the decision to postpone its election in accordance with this proclamation. Current office holders will hold over to the extent authorized by Article XVI, Section 17 of the Texas Constitution. FILED IN THE OFFiCE OF THESECRETARYOFSTATE t(OcF.O’CLOCK MAR 18 2020 Governor Greg Abbott March 1$,2020 Proctal?tatio,t Page 2 rE UTH R.HUGHS Secretary of State FILED IN THE OFFICE OF THESECRETARYOFSTATE —J-QIP!!rO’CLocK MAR 182020 IN TESTIMONY WHEREOF,I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin,Texas,this the 18th day of March,2020. Governor of Texas ATTESTED BY: Consideration of Moving May 2, 2020 General & Special Elections to November 3, 2020 Rosa Rios, City SecretaryCity Manager’s OfficeMarch 20, 2020 General Election: Ordinance 20-264City Council Places 5, 6, & 7 (Mayor)Special Election: Ordinance 20-265City Council Districts 1 & 2 File IDs: 20-741 and 20-742 File IDs: 20-741 and 20-742 Proclamations, Advisories & Recommendations •Proclamation by Governor Greg Abbott (March 18, 2020) Requires Governing Body to take official action to move the election. File IDs: 20-741 and 20-742 Proclamations & Recommendations -Continued •Recommendation by Denton County Elections Administrator (March 18, 2020) •The COVID-19 pandemic is still a fluid situation with an unknown outcome.We do not know if we are on the downward side of the pandemic or if cases are still on the rise.This will not be known for some time.•The public unease is also present in the people that you ask to work your elections.It is a certainty that we will have some difficulty in finding people who are willing to serve as poll workers, and remember that a vast majority of poll workers fall into the senior age bracket.In fact, Florida had some polling sites that were unopened because they could not get anyone to work them.We do not want to have such a scenario in Denton County.•Denton County, as most other jurisdictions, is currently under a disaster declaration that has an unknown ending date.Part of that declaration includes “social distancing” which is extremely difficult in an election scenario.This is also the case with training.Current CDC guidelines recommend gatherings of no more than 10 people; this would make training of poll workers very difficult and maintaining CDC’s guideline of 10 people would be extremely difficult in a polling site.•The availability of buildings that some of you offered as polling sites have now been shut to the public. So even now, there is some confusion whether those buildings are still available for use as a polling location. •The pandemic has caused the availability of sanitation supplies to become almost non-existent.We recently tried to purchase some so we could ensure the safety of your voters and election workers, but these items were on backorder with no expected delivery date.•If you hold your election in May it will cost you roughly twice as much as it will cost you in November because you will be splitting the cost with Denton County in November…. Candidate Poll (Not including Incumbents) “Should the City of Denton Move Its May 2, 2020 General/Special Elections to November 3, 2020? City Council Candidate Favor Opposed Other Rick Baria General Election/Place 5  Jim Mann General Election/Place 5  Liam York General Election/Place 6  Michael Mitchell General Election/Place 7  Birdia Johnson Special Election/District 1  George Ferrie Special Election/District 1  Ronnie Anderson Special Election/District 2  Daniel Clanton Special Election/District 2  Connie Baker Special Election/District 2 Wants to see what others think. Kady Irene Finley Special Election/District 2 X Jon Hohman Special Election/District 2 X File IDs: 20-741 and 20-742 Names listed by election type/ballot order. Consideration of Moving May 2, 2020 General & Special Elections to November 3, 2020 Questions? File IDs: 20-741 and 20-742 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 20-742,Version:1 AGENDA CAPTION Consider adoption of an ordinance amending Ordinance No.20-265 ordering a special election to be held in the City of Denton,Texas,on May 2,2020 and,if a runoff election is required,on June 13,2020,to fill a vacancy in Districts 1 and 2 for the unexpired term ending in May,2021,to change the date of the election;confirming candidate filings;providing dates for voter registration,applications for a ballot by mail,and early voting; authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary;providing a savings clause;providing an open meetings clause;and providing an effective date. City of Denton Printed on 3/20/2020Page 1 of 1 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Secretary’s Office ACM: Assistant City Manager Sara Hensley DATE: March 20, 2020 SUBJECT Consider adoption of an ordinance amending Ordinance No. 20-265 ordering a special election to be held in the City of Denton, Texas, on May 2, 2020 and, if a runoff election is required, on June 13, 2020, to fill a vacancy in Districts 1 and 2 for the unexpired term ending in May, 2021, to change the date of the election; confirming candidate filings; providing dates for voter registration, applications for a ballot by mail, and early voting; authorizing the City Manager and City Secretary to coordinate with the elections administrator of Denton County as necessary; providing a savings clause; providing an open meetings clause; and providing an effective date. BACKGROUND Article III (Nominations and Elections), Section 3.01 (Municipal elections), of the Denton City Charter provides that “the regular election for the choice of members of the City Council as provided in Article II shall be held each year on the uniform election day for municipal elections in May established by the Election Code.” That date is May 2, 2020. Further, Section 3.05 (Regulation of Elections) requires that “all city elections shall be governed by the applicable provisions of the Election Code of the State of Texas, as now or hereafter amended.” On February 4, 2020, the City of Denton Special Election for City Council Districts 1 and 2 [Exhibit 2] were ordered. The Order also called for the runoff election, if needed, to be held on June 13, 2020. Since the elections were first ordered, the Nation has been faced with the imminent threat of the coronavirus (COVID-19). As a result, the Nation has had to modify many of its processes to ensure the safety of its population. On March 18, 2020, Governor Greg Abbott issued a Proclamation authorizing political subdivisions holding an election on the May 2, 2020 Uniform Election Date to move that election to the November 3, 2020 Uniform Election Date [Exhibit 3]. However, the governing bodies of the political subdivisions are required to take official action on the move. Further, Denton County Elections Administrator Frank Phillips sent notification of their recommendation that political subdivisions move their election(s) from May 2, 2020 to November 3, 2020 [Exhibit 4]. The unofficial estimated cost for the May election (not including any runoff) is $115,000; and if the election is not moved, the estimate could double. Adoption of the proposed ordinance [Exhibit 5] will authorize the City of Denton General and Special Elections scheduled for May 2, 2020 and corresponding runoff election scheduled for June 13, 2020 (if needed) to be moved to November 3, 2020. All applicable deadlines would be adjusted to meet those that City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com apply to any election held on the November 2020 Uniform Election Date. Until the election is officially moved, the deadlines in place for the May 2, 2020 remain in effect. For any election held in November, joint election participants are required to use Denton County election precincts. The proposed ordinance provides that “The polling places shall be designated by the Denton County Elections Administrator (the “Elections Administrator”) in accordance with the provisions of a joint election agreement and contract for election services (the “Agreement”) with the Elections Administrator.” The contract will be presented for adoption at a future date. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 14, 2020, a work session item presented polling location options for use during early voting and on election day. Ordinance 20-265 was adopted on February 4, 2020 which ordered the Special Election City Council Districts 1 and 2. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 – Ordinance 20-265 Ordering 5-2-2020 Special Election Exhibit 3 – Proclamation Issued by Governor Greg Abbott on March 18, 2020 Authorizing Election Move Exhibit 4 – Email from Denton County Elections Administrator Frank Phillips Recommending Election Move Exhibit 5 – DRAFT Ordinance and Exhibit Exhibit 6 - Presentation Respectfully submitted: Rosa Rios City Secretary March 18,2020 The Honorable Ruth R.Hughs Secretary of State State Capitol Room 1E.8 Austin,Texas 78701 Dear Secretary Hughs: FILED IN THE OFFICE OF THESECRETARyOFSTATE0:‘OMYCLOCK Secretary of State Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: A proclamation suspending Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office,and suspending Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The original of this proclamation is attached to this letter of transmittal. Governor GOVERNOR GREG ABBOTT Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERVICES PROCLAMATION BY THE (%!t1fltttLTt 1f f1 f Lxz TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS,Section 41.001(a)(2)of the Texas Election Code provides that a general or special election in this state shall be held on a uniform election date,and the next uniform election date is occurring on May 2,2020;and WHEREAS,Section 49.103 of the Texas Water Code provides that certain districts governed by this provision are required to hold director elections in May of each even- numbered year;and WHEREAS,Section 41.0052 of the Texas Election Code prescribes a procedure for a political subdivision to change a general election date,but the time for making such a change has expired;and WHEREAS,Section 31.093 of the Texas Election Code requires a county elections administrator to enter into a contract to furnish election services upon request of a political subdivision;and WHEREAS,Section 42.0621(c)of the Texas Election Code does not require a political subdivision to enter into a contract with a county or hold a joint election with a county on the November uniform election date;and WHEREAS,on March 13,2020,the Governor of Texas certified that the novel coronavirus (COVID-19)poses an imminent threat of disaster and,under the authority vested in the Governor by Section 418.0 14 of the Texas Government Code,declared a state of disaster for all counties in Texas;and WHEREAS,pursuant to Section 418.0 16 of the Texas Government Code,the Governor has the express authority to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions,orders,or rules would in any way prevent,hinder, or delay necessary action in coping with a disaster. NOW,THEREFORE,I,GREG ABBOTT,Governor of Texas,under the authority vested in me by the Constitution and Laws of the State of Texas,do hereby suspend Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to .the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office.I further suspend Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The authority ordering the election under Section 3.004 of the Texas Election Code is the authority authorized to make the decision to postpone its election in accordance with this proclamation. Current office holders will hold over to the extent authorized by Article XVI, Section 17 of the Texas Constitution. FILED IN THE OFFiCE OF THESECRETARYOFSTATE t(OcF.O’CLOCK MAR 18 2020 Governor Greg Abbott March 1$,2020 Proctal?tatio,t Page 2 rE UTH R.HUGHS Secretary of State FILED IN THE OFFICE OF THESECRETARYOFSTATE —J-QIP!!rO’CLocK MAR 182020 IN TESTIMONY WHEREOF,I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin,Texas,this the 18th day of March,2020. Governor of Texas ATTESTED BY: From:Frank Phillips To: Subject:RE: MASS EMAIL ADVISORY - (CC/EA/VR - 700) - Advisory 2020-12- Actions for May 2, 2020 Uniform Election(COVID-19) Date:Wednesday, March 18, 2020 1:27:29 PM Attachments:image001.pngimage004.jpg Sensitivity:Personal This message has originated from an External Source. Please be cautious regarding links and attachments. Good afternoon everyone, It is the STRONG recommendation of Denton County Elections Administration that you each move your elections to November based on the following: ·       The COVID-19 pandemic is still a fluid situation with an unknown outcome. We do not know if we are on the downward side of the pandemic or if cases are still on the rise. This will not be known for some time. ·       The public unease is also present in the people that you ask to work your elections. It is a certainty that we will have some difficulty in finding people who are willing to serve as poll workers, and remember that a vast majority of poll workers fall into the senior age bracket. In fact, Florida had some polling sites that were unopened because they could not get anyone to work them. We do not want to have such a scenario in Denton County. ·       Denton County, as most other jurisdictions, is currently under a disaster declaration that has an unknown ending date. Part of that declaration includes “social distancing” which is extremely difficult in an election scenario. This is also the case with training. Current CDC guidelines recommend gatherings of no more than 10 people; this would make training of poll workers very difficult and maintaining CDC’s guideline of 10 people would be extremely difficult in a polling site. ·       The availability of buildings that some of you offered as polling sites have now been shut to the public. So even now, there is some confusion whether those buildings are still available for use as a polling location. ·       The pandemic has caused the availability of sanitation supplies to become almost non- existent. We recently tried to purchase some so we could ensure the safety of your voters and election workers, but these items were on backorder with no expected delivery date. The cost of your election is something that is extremely important to you and your tax payers. If you hold your election in May it will cost you roughly twice as much as it will cost you in November because you will be splitting the cost with Denton County in November. Additionally, whoever chooses to remain on the May election date, will incur a reprogramming expense and additional public testing expense because the entire election will have to be reprogrammed and public tested. To be clear, if everyone goes to November, there will be no additional expenses and your election cost will be roughly half of May would have been. If any entity chooses to remain with the May date, and other overlapping entities do not, the entity that stays with May will see an increase in their election cost because they are no longer sharing expenses. The State did not provide a deadline for you to make your decision. We would ask that you let us know by noon this Friday, March 20th, of your decision. I understand that you may not be able to take formal action by that date, but if you can give us written guidance we can take actions to move in the necessary direction. We understand that these are trying times, but the safety of the citizens of Denton County are of upmost importance. Frank Phillips Denton County Elections Administrator 701 Kimberly Drive Denton, TX 76208 940-349-3200 March 18,2020 The Honorable Ruth R.Hughs Secretary of State State Capitol Room 1E.8 Austin,Texas 78701 Dear Secretary Hughs: FILED IN THE OFFICE OF THESECRETARyOFSTATE0:‘OMYCLOCK Secretary of State Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following: A proclamation suspending Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office,and suspending Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The original of this proclamation is attached to this letter of transmittal. Governor GOVERNOR GREG ABBOTT Attachment POST OFFICE Box 12428 AUSTIN,TEXAS 78711 512-463-2000 (VoICE)DIAL 7-1-1 FOR RELAY SERVICES "EXHIIT A" PROCLAMATION BY THE (%!t1fltttLTt 1f f1 f Lxz TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS,Section 41.001(a)(2)of the Texas Election Code provides that a general or special election in this state shall be held on a uniform election date,and the next uniform election date is occurring on May 2,2020;and WHEREAS,Section 49.103 of the Texas Water Code provides that certain districts governed by this provision are required to hold director elections in May of each even- numbered year;and WHEREAS,Section 41.0052 of the Texas Election Code prescribes a procedure for a political subdivision to change a general election date,but the time for making such a change has expired;and WHEREAS,Section 31.093 of the Texas Election Code requires a county elections administrator to enter into a contract to furnish election services upon request of a political subdivision;and WHEREAS,Section 42.0621(c)of the Texas Election Code does not require a political subdivision to enter into a contract with a county or hold a joint election with a county on the November uniform election date;and WHEREAS,on March 13,2020,the Governor of Texas certified that the novel coronavirus (COVID-19)poses an imminent threat of disaster and,under the authority vested in the Governor by Section 418.0 14 of the Texas Government Code,declared a state of disaster for all counties in Texas;and WHEREAS,pursuant to Section 418.0 16 of the Texas Government Code,the Governor has the express authority to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of a state agency if strict compliance with the provisions,orders,or rules would in any way prevent,hinder, or delay necessary action in coping with a disaster. NOW,THEREFORE,I,GREG ABBOTT,Governor of Texas,under the authority vested in me by the Constitution and Laws of the State of Texas,do hereby suspend Sections 41.0052(a)and (b)of the Texas Election Code and Section 49.103 of the Texas Water Code to .the extent necessary to allow political subdivisions that would otherwise hold elections on May 2,2020,to move their general and special elections for 2020 only to the next uniform election date,occurring on November 3,2020,without otherwise adjusting the term of office.I further suspend Sections 31.093 and 42.0621(c)of the Texas Election Code to the extent necessary to require all county election officers,if requested by an affected political subdivision,to enter into a contract to furnish election services with any political subdivision who postponed their election to November 3,2020,under the authority of this proclamation. The authority ordering the election under Section 3.004 of the Texas Election Code is the authority authorized to make the decision to postpone its election in accordance with this proclamation. Current office holders will hold over to the extent authorized by Article XVI, Section 17 of the Texas Constitution. FILED IN THE OFFiCE OF THESECRETARYOFSTATE t(OcF.O’CLOCK MAR 18 2020 Governor Greg Abbott March 1$,2020 Proctal?tatio,t Page 2 rE UTH R.HUGHS Secretary of State FILED IN THE OFFICE OF THESECRETARYOFSTATE —J-QIP!!rO’CLocK MAR 182020 IN TESTIMONY WHEREOF,I have hereto signed my name and have officially caused the Seal of State to be affixed at my office in the City of Austin,Texas,this the 18th day of March,2020. Governor of Texas ATTESTED BY: Consideration of Moving May 2, 2020 General & Special Elections to November 3, 2020 Rosa Rios, City SecretaryCity Manager’s OfficeMarch 20, 2020 General Election: Ordinance 20-264City Council Places 5, 6, & 7 (Mayor)Special Election: Ordinance 20-265City Council Districts 1 & 2 File IDs: 20-741 and 20-742 File IDs: 20-741 and 20-742 Proclamations, Advisories & Recommendations •Proclamation by Governor Greg Abbott (March 18, 2020) Requires Governing Body to take official action to move the election. File IDs: 20-741 and 20-742 Proclamations & Recommendations -Continued •Recommendation by Denton County Elections Administrator (March 18, 2020) •The COVID-19 pandemic is still a fluid situation with an unknown outcome.We do not know if we are on the downward side of the pandemic or if cases are still on the rise.This will not be known for some time.•The public unease is also present in the people that you ask to work your elections.It is a certainty that we will have some difficulty in finding people who are willing to serve as poll workers, and remember that a vast majority of poll workers fall into the senior age bracket.In fact, Florida had some polling sites that were unopened because they could not get anyone to work them.We do not want to have such a scenario in Denton County.•Denton County, as most other jurisdictions, is currently under a disaster declaration that has an unknown ending date.Part of that declaration includes “social distancing” which is extremely difficult in an election scenario.This is also the case with training.Current CDC guidelines recommend gatherings of no more than 10 people; this would make training of poll workers very difficult and maintaining CDC’s guideline of 10 people would be extremely difficult in a polling site.•The availability of buildings that some of you offered as polling sites have now been shut to the public. So even now, there is some confusion whether those buildings are still available for use as a polling location. •The pandemic has caused the availability of sanitation supplies to become almost non-existent.We recently tried to purchase some so we could ensure the safety of your voters and election workers, but these items were on backorder with no expected delivery date.•If you hold your election in May it will cost you roughly twice as much as it will cost you in November because you will be splitting the cost with Denton County in November…. Candidate Poll (Not including Incumbents) “Should the City of Denton Move Its May 2, 2020 General/Special Elections to November 3, 2020? City Council Candidate Favor Opposed Other Rick Baria General Election/Place 5  Jim Mann General Election/Place 5  Liam York General Election/Place 6  Michael Mitchell General Election/Place 7  Birdia Johnson Special Election/District 1  George Ferrie Special Election/District 1  Ronnie Anderson Special Election/District 2  Daniel Clanton Special Election/District 2  Connie Baker Special Election/District 2 Wants to see what others think. Kady Irene Finley Special Election/District 2 X Jon Hohman Special Election/District 2 X File IDs: 20-741 and 20-742 Names listed by election type/ballot order. Consideration of Moving May 2, 2020 General & Special Elections to November 3, 2020 Questions? File IDs: 20-741 and 20-742