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Home My WebLink AboutMINUTES Town Board Special Meeting 2020-05-01Town of Estes Park,Larimer County,Colorado,May 1,2020 Minutes of a Special meeting of the Board of Trustees of the Town of Estes Park,Larimer County,Colorado.Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 1St day of May,2020. Present:Wendy Koenig,Mayor Patrick Martchink,Mayor Pro Tern Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Ken Zornes Also Present:Travis Machalek,Town Administrator Jason Damweber,Assistant Town Administrator Dan Kramer,Town Attorney Jackie Williamson,Town Clerk Absent:None. Mayor Koenig called the meeting to order at 3:00 p.m.and all desiring to do so,recited the Pledge of Allegiance. ACTION ITEMS: 1.TO CONSIDER AN EMERGENCY ORDINANCE PERTAINING TO FACE COVERINGS.The meeting began with a discussion on the potential recusal of Mayor Pro Tern Martchink because his wife constructs and sells face coverings.After review by the Board,the consensus was Mayor Pro Tern Martchink did not need to recuse himself and could participate in the discussion and vote on the item. Town Administrator Machalek stated the current State order requires employees to wear masks and the County continues to review an order requiring masks for employees as well either today or in the next few days.He stated implementation of the Emergency Ordinance if passed would require time to rollout the education and stand up the Ordinance. Discussion was heard by the Board and has been summarized:questioned if consideration of the Ordinance should wait until May 4,2020 to determine County orders;does the Town know if the County order would address indoor and/or outdoor requirements;questioned if the Towns order could be different from the County; asked for clarification on the current orders for face coverings;and discussed the Police department’s implementation of the Ordinance if passed. Staff confirmed the County has not been clear on the direction of their order to require face coverings.Attorney Kramer stated the Town could implement an order which may be more stringent than an order by the County.Chief Kufeld stated the Police department would begin the education process immediately following the passage of the Emergency Ordinance and signage would follow.Ticketing individuals would not occur immediately. Attorney Kramer provided an overview of the Emergency Ordinance which would require face covering in places for all persons entering or inside any area of any place of business open to the public,including retail businesses and accommodations in public areas,not in individual rooms.The Ordinance would also require individuals to wear face coverings in the Commercial Downtown zoning district,as delineated by the Town of Estes Park Development Code and Official Zoning Map.The State of Colorado has determined the wearing of a cloth mask aids in the spreading of the virus.The definition of a face covering has been defined by the State of Colorado. Exceptions would include persons under the age of two years,persons for whom a Board of Trustees —May 1,2020 —Page 2 face covering would cause impairment due to an existing disability or health conditions,and persons operating outdoors for critical business or critical government functions requiring other personal protective equipment and cannot be safely operated with a face covering.The Ordinance further sets penalties for non-compliance of $50 for the first offense and $250 for the second offense and would be in effect through June 10,2020. The Board discussed the Ordinance as presented by Attorney Kramer and has been summarized:Trustee Cenac questioned if the Ordinance would require face covering at all times of the day,and could individuals be refused service if they are not wearing face coverings.She raised concerns on how the Police personnel would be kept safe writing citations,and would the call volume in dispatch for face covering take away from individuals with real emergencies.Trustee Bangs supported acting sooner than later to begin the education before the Town sees a larger increase in visitation and being proactive to protect the community and the guests.She further questioned if the Police department would have the staff and equipment to enforce the Ordinance. Trustee Younglund stated the Board received numerous comments on the unconstitutional nature of the proposed Ordinance and asked for a legal opinion. Trustee Martchink commented he had questioned the need for face coverings during the early and later hours in the downtown and has since concluded it would be a small inconvenience. Attorney Kramer stated the business owner would not be required for mandate a face covering if an individual invoked one of the exceptions.He stated it would be similar to service animals as it relates to the ADA.He stated the Ordinance would not be unconstitutional as it is an emergency act to protect the citizens.Attorney Kramer further stated it was unclear what provision of the constitution the Ordinance would violate. Chief Kufeld stated the Police department would rely heavily on education;the Code Enforcement Officer would visit businesses to educate;six seasonal Community Services Officers would provide education;and Auxiliary would not be used due to the average age of the members.The Police department would adjust to the situation as it changes and has provided all staff with the appropriate PPE during interactions with the public.Staff also has been working closing with the Estes Chamber of Commerce to partner with businesses and provide signage. Administrative Assistant Disney provided a summary of the comments received during the meeting which included one comment in favor of the Ordinance and two comments against the Ordinance.The comments included the need to follow the County orders, the wearing of face coverings should be a personal choice,consideration of the hearing impaired who rely on lip reading,and questioned the use of face coverings for Safeway customers. The Board discussed the comments received by the public on the proposed Emergency Ordinance:The Board received over 120 comments prior to the meeting which included concerns on health and safety,concern of general age of the population,the increase in crowds,the impingement of civil rights,and the comments were approximately split for and against. Additional Board comments were heard once the motion was made and seconded and has been summarized:Mayor Pro Tem Martchink stated he views the Ordinance as a compromise as future spikes in the area would ultimately lead to more restrictive policies.Trustee MacAlpine stated there continues to be a lot we don’t know about COVID-19 and she would prefer to error on the side of safety.Trustee Vounglund commented she views the Ordinance as a step forward to allow the community to open the businesses and begin a since of normalcy.The Ordinance would allow us to be ready with the education and signage for when Rocky Mountain National Park reopens and we have more visitors.Trustee Cenac questioned the process of bringing forward an Emergency Ordinance;the Town stated we would follow the State and County Health divisions and this proposed Ordinance would be outside of their guidance;and voluntary compliance should be tried prior to considering the Board of Trustees —May 1,2020 —Page 3 Ordinance.She further stated a formal public hearing should be held and provide a chance for each Board member to read public comments prior to making a decision. Trustee Bangs commented the Town has inherent risk because we are a tourist community;she would prefer the Town was stricter;the Safer at Home order encourages citizens not to enter and exit communities;we are allowing downtown business to open and prioritizing the Town’s economic health;and wearing a mask provides a reduction in risk from the virus.Trustee Zornes questioned how the effectiveness of the Ordinance would be measured.Mayor Koenig stated the Ordinance would be a proactive action to protect the safety and health of the citizens and the business community.A breakouUhotspot of COVID-19 could lead to a complete shutdown of the Town for a number of months. It was moved and seconded (Bangs/Martchink)to approve Ordinance 07-20,and the motion passed with Trustee Cenac voting No”. MISCELLANEOUS Administrator Machalek questioned the expectation on the timing of the communication and signage downtown.Mayor Koenig stated the Town should coordinate with the Economic Development Corporation and the newly established Estes Chamber of Commerce to assist with signage and complete the placement by May 8,2020. Attorney Kramer requested Board direction on requiring face coverings on the Lake Estes Trail.After further discussion,the Board consensus was not to pursue the requirement of a face covering on the Lake Trail as individuals are exercising and there is amble space to maintain six feet physical distancing. Whereupon Mayor Koenig adjourned the meeting at 4:50 p.m. 1 J c ie Williamson,Town Clerk E E E