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City Council <br />Meeting Minutes <br />May 18, 2021 <br />Page 3 of 9 <br />Deputy City Manager Davis gave an update on the current mask regulations from the <br />CDC, State, and County including changes that have happened since the meeting packet <br />was published. <br />The State's current executive order states that individuals age 11 and older who are not <br />fully vaccinated are encouraged to wear a facial covering when in an indoor space where <br />other non -household members are present; fully vaccinated individuals may go without <br />any type of face covering in any setting subject to exceptions in the order which include <br />preschool through grade 12 schools through the end of the school year. <br />Under these rules businesses and services have discretion regarding their mask policy <br />and may require individuals entering or within their locations to wear face coverings or <br />show proof of full vaccination. <br />Boulder County Public Health (BCPH) has not updated its regulations yet but plans to <br />largely align their new order with the State order. If the City's Facial Covering Ordinance <br />is repealed, individuals, businesses, and any others within the City would be required to <br />follow whatever BCPH order is currently in effect. <br />The City can make decisions about public health requirements related to City services, <br />programs, and facilities (for both patrons and staff). The City will transition all facilities to <br />new rules as health orders are updated. <br />City Attorney Kelly reviewed the proposed ordinance and the changes included today in <br />the addendum. <br />Councilmember Brown stated he has concerns about repealing our order and leaving the <br />Boulder County order in place given how confusing it is. He asked if the Council could <br />pass an ordinance repealing the mask rules but have it only take effect when Boulder <br />County updates its order. City Attorney Kelly stated that can be written into the ordinace. <br />Councilmember Fahey asked if businesses can have stricter rules. City Attorney Kelly <br />stated yes businesses can have stricter rules. <br />Mayor Pro Tem Maloney asked if the City can have different rules for its facilities than for <br />residents as a whole. City Attorney Kelly stated the City is like any business and has the <br />discretion to set rules for its own facilities and that can be different from citywide rules. <br />Public Comments — None. <br />Mark Oberholzer, Downtown Business Association, read a statement from Jenny <br />Hlawatsch, owner of the Singing Cook supporting repealing of the ordinance to allow the <br />County order to take effect so that it is less confusing for everyone. If individual <br />businesses want to continue to require masks they can do it as they see fit. <br />