SUBJECT:
Title
A Resolution of the Board of Trustees of the Town of Erie Regarding Face Coverings in the Town of Erie
Body
DEPARTMENT: Administration
PRESENTERS: Malcolm Fleming, Town Administrator
Kendra Carberry, Town Attorney
TIME ESTIMATE: 15 minutes
only required for non-consent items
STAFF RECOMMENDATION:
Recommendation
Approve the resolution regarding face coverings.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Governor Polis recognized the COVID-19 pandemic and on March 10, 2020 declared a disaster emergency. Concurrently, on March 14, 2020, Mayor Jennifer Carroll declared a local disaster emergency in and for the Town of Erie. On March 24, 2020, the Board of Trustees approved a Resolution ratifying the Mayor’s declarations.
The emergency conditions caused by the COVID-19 pandemic persist and require additional and sustained action by the Town. To support the safety of all community members, including children who are not eligible for vaccination, Boulder County Public Health (BCPH) issued Public Health Order 2021-08 <https://assets.bouldercounty.org/wp-content/uploads/2021/09/bcph_pho_2021-08.pdf>. The order, approved by Boulder County Board of Health on Sept. 2, requires mask wearing in all indoor public spaces for all individuals 2 years and older regardless of vaccination status. That Order went into effect on Friday, Sept. 3, and covers those portions of Erie that are within Boulder County.
As of September 10, 2021, and according to the Center for Disease Control (CDC) COVID Data Tracker website <https://covid.cdc.gov/covid-data-tracker/> Boulder and Weld County currently have the following COVID rates:
Weld County has not taken any action similar to Boulder County’s Order requiring masks indoors. Consequently, businesses in Erie are subject to very different requirements depending on their location in Town, and patrons of those businesses-including children who are not eligible for COVID vaccines-are also subject to very different conditions that may expose them to conditions that are potentially hazardous to their health.
A similar situation occurred in May and July of 2020. At that time, Boulder County adopted a Facial Covering Order on May 2, 2020, and on May 4, 2020 Mayor Carroll extended the Boulder County Order to all parts of Erie. On May 26, 2020 the Board of Trustees ratified the Mayor’s Order. Then, because its earlier Order was set to expire, on June 29, 2020 Boulder County extended its Facial Covering Order until it is rescinded. On July 1, 2020 and to continue the policy of consistent application of the Boulder County Order throughout all of Erie, as the Town’s Emergency Manager, Town Administrator Fleming signed an Order extending the Boulder County Order to all of Erie. On July 14, 2020, the Board of Trustees approved a resolution ratifying the Town Administrator's July 1, 2020 Order.
Consistent with the Board of Trustee’s previous support for extending the Boulder County masking Orders to all of Erie, and to address the current disparity that would exist without taking action to provide for uniform requirements throughout Erie, on September 8, 2021 Town Administrator Fleming signed an Order extending the Boulder County Order to all parts of Erie with the Order effective September 11, 2021 at 12:01 a.m., and remaining in effect until the Boulder County Order is rescinded.
The resolution proposed fo the Board to consider with this agenda item would ratify and adopt the Town Administrator's September 8, 2021 Order.
Given the dynamic nature of the pandemic, and if the resolution is approved by the Board of Trustees, each of the requirements of the Boulder County Order would apply throughout the Town of Erie, in both Boulder County and Weld County, and would remain in effect until Boulder County rescinds the Boulder County Order.
Board Priority(s) Addressed:
ü Prosperous Economy
ü Safe and Healthy Community
ü Effective Governance
ATTACHMENTS:
1. Resolution 21-124
2. Town Administrator September 8, 2021 Order Regarding Face Coverings
3. Boulder County Public Health Order 2021-08
4. Resolution Extending the Local Disaster Emergency