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CITY MANAGER’S REPORT March 9, 2021 COVID-19 PANDEMIC On March 2, 2021, Governor Gianforte announced a restructuring of the tiers that designate eligibility for a COVID-19 vaccination. Tier 1B+ was added prior to Tier 1, which allows individuals 60 years and older, as well as for those 16-59 with certain underlying medical conditions that were not previously included. While this pushed essential employees back another six to eight weeks, some may qualify under Tier 1B+. Furthermore, federal partners such as Walgreens, had limited availability for teachers to signup regardless of age or medical conditions. The Flathead City-County Health Department is providing vaccinations to individuals in Tier 1B and Tier 1B+ by appointment only. If you meet the requirements for Tier 1B or Tier 1B+ you can fill out a form online here or call the COVID-19 Vaccine line at [PHONE REDACTED] and leave a voicemail. Individuals are asked to leave a voicemail with their name, date of birth, and phone number, and the Health Department will return calls to schedule appointments based on weekly vaccine allotments. Calls for scheduling will be returned in the order in which they are received, and individuals should only leave one voicemail. City volunteers, including community members and employees, continue to help fill non-clinical positions at the Whitefish COVID-19 Vaccination Clinics held on Thursdays at Grouse Mountain Lodge. We have received great feedback from North Valley Hospital and others about how well the Clinics are running. For the Whitefish location, all vaccination appointments must be scheduled through the Health Department as described above. The Whitefish COVID-19 Task Force continues to meet with our last meeting on March 4th. COVID-19 cases have leveled out after a consistent decline. Average cases per day in January of 47.6 have reduced to 33.6 in February with a positivity rate under 10%. The use of digital assets created during October through December continue to be utilized in media efforts to ensure individuals know to wear a mask, social distance, and practice good hygiene. MONTANA STATE LEGISLATURE SESSION We continue to monitor numerous bills for potential impacts to the City. As of today, there have been 621 House Bills and 373 Senate Bills introduced with the transmittal of general bills to the other Chamber and last day to request appropriation bills passing on March 3rd. Below are some of the bills that we are tracking and their status: HB121 requires local governing body to approve certain local boards of health actions. The bill has passed the House and was referred to the Senate Business, Labor, and Economic Affairs Committee. HB137 generally revises vaping and alternative nicotine product laws. This bill has passed the House and was transmitted to the Senate. The Senate has referred it to the Business, Labor, and Economic Affairs Committee with a hearing set for March 16, 2021. If passed by the Senate, this ---PAGE BREAK--- bill would prohibit the City from having an ordinance that is more restrictive than State law regarding the sale and marketing of all vaping products, including flavored products. With this bill having made it through the House, staff has delayed the preparation of the flavored tobacco products ordinance until the first meeting in April unless directed to proceed more expeditiously by the City Council. HB257 would eliminate the City’s face covering ordinance. A recent amendment to the bill now makes it retroactive so any previously adopted ordinances would be unenforceable. The bill has passed the House and had its first reading in the Senate on February 19, 2021. No hearing is scheduled as of today. HB258 HB259 prohibits inclusionary zoning and would eliminate the City’s Legacy Homes Program. The bill passed the House Local Government Committee and the House. The first reading in the Senate was on February 17, 2021, and it was referred to the Senate Local Government Committee the same day. A hearing is scheduled for March 12, 2021, with Mayor Muhlfeld speaking on behalf of the City. The City adamantly opposes this bill and will provide similar comments to the Senate Local Government Committee. HB395 would prohibit the creation of new zoning districts during a governor declared state of emergency but does allow for interim zoning ordinances. With the effective date retroactive to January 1, 2020, there are unknown consequences of previously approved voluntary annexations and the related zoning applied during the last year. This bill was tabled in Committee. HB435 revises the civil liability laws for governments related to COVID-19. Like SB65 that limited civil liability for businesses and was signed into law by Governor Gianforte, this bill does basically the same for government entities. This bill passed the House and was transmitted to the Senate, which referred the bill to the Senate Business, Labor and Economic Affairs Committee. HB473 would generally revise resort tax laws for resort tax areas and resort tax area districts. As currently drafted, this bill would not impact the City’s resort tax since we are a resort community, not area. This bill was withdrawn. HB501 revises criminal law related to trespassing by providing that failure to wear a face covering or carry proof of vaccination may not be considered the crime of criminal trespass in a public place paid for in whole or in part with taxpayer funds. HB531 would prohibit qualified immunity as a defense for all public employees. This was referred to the Judiciary Committee and we are researching the potential impacts from this bill. This bill was withdrawn. HB550 would establish presumption in workers compensation for COVID-19 for essential employees. This could increase our workers compensation rates if passed. This bill was tabled in the House Business and Labor Committee. SB 108 requires local governing body to approve local boards of health actions. ---PAGE BREAK--- 161 would allow for certain subdivision to qualify for an expedited review process. We do not strongly support or oppose this bill. Senate approved this bill with no votes against the bill. A hearing is set with the House Local Government Committee today. SB313 would provide for a local option tax that requires voter approval and may not exceed This bill was referred to the Taxation Committee and likely has an uphill battle as in prior years. The local option tax is a desire of many communities that see tourism and exceed the population limits of resort tax. This bill was tables in Committee. If interested, you can monitor what bills are being tracked by the MLCT here. REMINDER City Hall will be closed on April 2nd for Good Friday. NEXT CITY COUNCIL MEETING The next City Council meeting will be held on Monday, April 5th. The meeting will be remote via WebEx should the City Council adopt the proposed emergency ordinance extending the use of remote meetings on March 15, 2021. The work session is tentatively scheduled for a closed session for a litigation update from the City Attorney, which will be followed by a discussion about annexation inquiries and the possibility of an urban growth boundary extension past the intersection of Hwy 93 and Hwy 40. Respectfully submitted, Dana M. Smith, CPA City Manager