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CITY MANAGER’S REPORT March 30, 2021 COVID-19 PANDEMIC On April 1, 2021, all individuals 16+ are eligible for a COVID-19 vaccination. The Flathead City- County Health Department is providing vaccinations to individuals and 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. The location is anticipated to move to the Armory Building starting May 1st. The City received its final request for reimbursement from the CARES Act funds allocated to local governments and administered by the State. With the new American Rescue Plan Act of 2021, we anticipate receiving approximately $2M with half received before the end of the fiscal year and the remaining portion next fiscal year. There are also grant programs that will be created at the State level that we will look into once created as they focus on water, wastewater, and communications (broadband, public safety, cell towers). MONTANA STATE LEGISLATURE SESSION We continue to monitor numerous bills for potential impacts to the City. As of today, there have been 712 House Bills and 408 Senate Bills introduced. The last day to introduce appropriation bills, revenue bills, and bills proposing referenda was March 29th. May 11th is the last day of the session, which was extended. 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 Senate. We will take into consideration the impacts of this bill as we work to be party to the interlocal agreement that created the Flathead City-County Health Board. HB137 generally revises vaping and alternative nicotine product laws. This bill was tabled in the Senate Business, Labor, and Economic Affairs Committee. While this is great news, we will continue to delay the preparation of the flavored tobacco products ordinance until after the legislative session ends. 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 the Senate referred the bill to committee. On March 22nd a hearing was held on HB257 in the Senate Judiciary Committee. Executive action is pending. ---PAGE BREAK--- HB259 prohibits inclusionary zoning and would eliminate the City’s Legacy Homes Program. The bill has passed both the House and Senate. It has been sent to enrolling and will then await signatures by the Speaker of the House and President of the Senate before transmission to the Governor for signature. HB395 would prohibit the creation of new zoning districts during a governor declared state of emergency but does allow for interim zoning ordinances. This bill was tabled in Committee and missed the general bill transmittal date. 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 has been concurred by the Senate Business, Labor and Economic Affairs Committee. HB436 generally revises firearm laws. The bill would allow open carrying of firearms within public buildings, as well as concealed permits. Originally the bill was drafted to allow for unpermitted concealed carrying, but that appears to have been amended. A hearing with the Senate Judiciary Committee was held in mid-March. No action has been taken so far. 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. This has passed the House and the bill was concurred as amended by the Senate Judiciary Committee. HB562 revises highway encroachment laws within a municipality. This bill would eliminate the need for a temporary MDT encroachment permit along state highway routes in Whitefish, such as parades, decorations, temporary signs, etc. HB632 implements the receipt of and appropriates federal stimulus and COVID recovery funds allocated to the State. Some of the grant programs, as drafted in the bill, would decrease by 20% for any local government that has more stringent restrictions in place. Upon further review it does not appear to impact the amount specifically identified as funds to be allocated to local governments. SB108 requires local governing body to approve local boards of health actions. This bill has passed the Senate and had a hearing at the House Business and Labor Committee. SB161 would allow for certain subdivision to qualify for an expedited review process. This bill has passed both the House and Senate. We anticipate this will be signed by the Governor and will require us to work through some amendments to our subdivision standards. SB393 would provide for whole or in part remote public meetings. SB397 would eliminate the ability of a local government from having specific regulations for accessory dwelling units. Such items prohibited include parking requirements, owner occupied requirements, requirement more onerous building standards or requiring separate utility services. ---PAGE BREAK--- The City adamantly opposes this bill. A hearing with the Senate Local Government Committee was held on March 29th. We will closely monitor this bill. SB398 is similar to HB137 and would not allow a local government from prohibiting the sale of alternative and vapor nicotine products. If interested, you can monitor what bills are being tracked by the MLCT here. NEXT CITY COUNCIL MEETING The next City Council meeting will be held on Monday, April 19th via WebEx. During the work session, the City Council will review and discuss the goals for Fiscal Year 2022. Respectfully submitted, Dana M. Smith, CPA City Manager