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HomeMy WebLinkAbout2020.0619.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 19, 2020 CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey Mayor Dickey called the Special Meeting of June 19, 2020, to order at 3:00 P.M. and led the Council and audience in the Pledge of Allegiance. 2. ROLL CALL — Mayor Dickey Present: Mayor Ginny Dickey; Vice Mayor Mike Scharnow; Councilmember Art Tolis; Councilmember Sherry Leckrone (telephonically); Councilmember Dennis Brown (telephonically); Councilmember Alan Magazine; Councilmember David Spelich (telephonically) Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Present: Elizabeth A. Burke 3. CONSIDERATION OF Adopting Order 2020-01 mandating the wearing of face coverings in public. Town Manager Grady Miller said that on June 17, 2020, Governor Ducey issued Executive Order 2020-40 entitled "Containing the Spread of COVID-19" that authorized cities and towns to require the wearing of face coverings in public in order to limit the spread of COVID-19. The Centers for Disease Control and Prevention, the Arizona Department of Health Services, and the Maricopa County Disease Control Division all currently recommend the use of face coverings in public settings to slow the spread of COVID-19. Pursuant to A.R.S. § 26-307, Town Code Section 2-1-2, and Executive Order 2020-40, the Town Council has the authority to issue an Emergency Order to require the wearing of face coverings in public. He then reviewed the requirements of the proposed order, noting that there were a number of exceptions. The following individuals then addressed the Council in opposition to the proposed order: •Gerry Friedel •Brandon Wise •DiVina Gallatin, retired health care worker •David Kaufmann •Trent Heidtke •Kirk Kaiser •Debra Thorne Comments included: •Consider what the local businesses have been through already. •People get it; they can wear a mask if they want to avoid a situation. •How would it be enforced? •Please stop making decisions based off of fear. •The Mayor and Council are the leaders. •COVID-19 is here and it is highly contagious; just like the flu, it will not go away. Town Council Special Meeting of June 19, 2020 2 of 5 -They have all been exposed to the flu; they are going to be exposed to it. -Essential workers have been working at least 40 hours a week; people are not dropping like flies. -When unhealthy people get it, it is going to hurt them harder. -Freedom-loving Americans are standing up. -If someone needs a mask, put one on. -It is hard to breath in one's own toxins. -When they breathe back in, they are causing their immune systems to break down. -This problem goes to their democracy; they are defending their freedoms. -Does not know of anyone who has died from the virus. -Does anyone on the Council know someone personally that has died? -How many have died of this in Fountain Hills? -This is going to touch every person in town --kids, adults, old people. -Is the Town going to buy the masks if they are mandating? -Hears that the hospitals are overflowing, but St. Lukes Hospital spent over $4 million to rehab it for COVID ICU and it sits empty today. -It wreaks of a scam; number playing here and there. -This is another example of overreaching of government. -Where does this end? -He won't wear a mask. -Agrees with other comments made. -Only reason for more cases is because of more testing and the seasonal weather and sunshine. -The CDC does not recommend wearing a mask unless at the grocery store or gas station. -Mask wearing is a personal choice. -It is hampering business activity. -Give them credit --let them make their own decisions. -She is 57 and had cancer ten years ago which went into her lymph nodes. She does not take vaccines, flu shots, and she chooses to not eat meat. She runs the Brooklyn Bedding store and it will probably be closing soon. -There is nothing she can do to fight hysteria. -Knows a lady in her 70's who cannot hear, and she needs to be able to read lips. The following individuals addressed the Council in support of the proposed order: -Diane Price, with ASU scientific research team. Comments included: -As a person who spends a lot of money in town, she has sent far less because they were not wearing a mask. -By mandating this, they take the business owner out of the political situation. Ms. Burke reported that they also received over 15 written comments in support of the order (Peter Oliveira; Kristi Densford; Sandra Wimmer; Robert Rican; Thomas Miller; Laine Lambright; Lisa Fields; Chelsea Miller; Erwin Wimmer; Christine Freseman; Don and Irene Beauvais; (Patricia Presley -Spade; Lisa Miller; Linda Fraser; Sylva Leduc; Deborah Dresslar) and 2 against (Lori Jablonsky; Mrs. Dawn Baker), copies of which she had placed at the Council's dais. Mayor Dickey reported that they got a lot of input and e-mails. She received 95 in support and 23 in opposition. Councilmember Tolis said that he got comparable numbers, but in the other direction. Town Council Special Meeting of June 19, 2020 3 of 5 Mayor Dickey said that she does not wear a mask because she is fearful; it is common practice to protect those around them. The Order is so that employees are protecting the customers, and the customers are protecting the employees. She had a long talk with a few different Chambers of Commerce. She is hoping that masks are uniformly recommended by county, state and federal governments. The Fountain Hills Chamber of Commerce endorses the order and she spoke with Jay Powell, the head of the Arizona Chamber of Commerce, and this is slowing the spread and supporting economic recovery. They all have a role to play. Councilmember Magazine said that those that testified are 100% against the order. He respected all of them and most of what they said. He said that he would suspect that most of the people in the room also stop at signs, lights, etc. He asked if they obey the laws and ordinances and if it was a personal choice which ones to obey. He said that he keeps hearing that they do not have a problem in Fountain Hills, but it was reported at least 45 cases. In the Midwest states were saying they did not have a problem. Now, they have a big problem. He said that he agrees with the Mayor; wearing a mask is protecting everyone around you. The Republic reported 2,319 new cases in a single day, with 32 deaths reported on Thursday alone. Those in the 65 and older range made up 75 percent of deaths. With the average age in Fountain Hills as 60, they run a real risk if they ignore this and assume it will go away. Councilmember Tolis said that this will be one of the most difficult decisions they will make --forcing someone to wear a mask when there is plenty of evidence that it could make them sicker. He said that if he sees someone that is fragile, he will not be a jerk and will put on a mask. He believes in being respectful to others. He said that he is against this; he will not force people to wear masks. Councilmember Leckrone said that there is no reason to insult anyone. They are in a situation that has an equal counterpoint. She has heard from people for and against it, both using science to support their position. She said that this is the least restrictive. It is a temporary measure; it is not forever. She said that hospitals, airports, courthouses are all requiring masks. It is not just Fountain Hills. Many other towns and cities are requiring masks and they have to make a decision for the whole town. She said that she is recognizing that it is a tough decision. Vice Mayor Scharnow said that he agreed with everything that Councilmember Leckrone said, but it is going to be impossible to enforce it. He does not want to put the Sheriffs Office on the spot. The public shaming going on should not happen. He thinks it is important that as a Town they urge people to take precautions. He said that they have heard from some and received emails from others that they will not wear a mask. He said that people should wear them when they go into crowded spaces, and he will start wearing them more, but he cannot support this. Councilmember Spelich said that he found it funny that they called a special meeting as it has become such an urgent matter. He believes that the citizens in Fountain Hills that are vulnerable with preexisting conditions have made it a point to stay home and have family and friends help them. He said that they are in a crucial point, a slippery slope, of how far the government goes in mandating things. He said that the onus is on everyone on whether to wear a mask; it is everyone's individual liberty. He reminded the Council about all the calls and emails they received when restaurants were not following the guidelines. He could only imagine what the call volume would be if this was mandated. He said that he would not support it either. Councilmember Brown complimented those that came to the microphone and he appreciated every comment from the public and the Council. He said that he truly believes that this is not needed; he does not believe the Council should be dictating to the Americans that have listened Town Council Special Meeting of June 19, 2020 4of5 for four months on how to social distance. He has read articles on both sides. Masks will do more harm, especially if someone is susceptible or under the weather. He believes it is a scare tactic --a tactic that is borderline socialistic. He has not had the flu in 15 years. He washes his hands and takes a shower every night. He said that he is not buying the mask thing at all. He said that he will not support any aspect of this order. The following individuals spoke in favor of the order: -Pat Pistello •Kellie Williams -Teri Crain -Everett Rosenbauer Comments included: -Does not understand why everyone is so afraid to wear a mask. -She is 75 years old and has high blood pressure -Went to restaurant, two servers and a cook were not wearing a mask -People are wearing masks because the virus spreads through saliva, speaking, coughing, etc. -They have been wearing masks, but now she is seeing less and less wearing them -She was in a hospital to be tested as she thought she had it; was told to keep a mask on around people. -She did not want to go back into Fountain Hills. -Has been here for 18 years and she takes care of her parents. -it is a matter of laws vs. freedoms. -Her son was in an automobile accident last August. He is 17 years old and his friend chose to not wear a seat belt; he lost his life. -Her son is now being charged with manslaughter and endangerment. -Freedoms have their costs. -It saddens him to be back up before the Council. He is grateful that there are three others (on Council) wearing masks. -They are setting an example as their leaders. As soon as he found out he sent the Mayor a letter; he should have forwarded it to all of them. -He asked in the letter to step up and continue to be that example The following individual spoke in opposition to the order: -Kelly Splittorff Comments included: -She used to work at a hospital and has lived in Fountain Hills for 17 years. -She has watched swine flu, anthrax, bird flu, etc.; this is overblown. -The hospitals are built to be full. -There is no data locally, yet they want to squash their freedoms. -She votes and it is wrong to even have this as a debate. -If someone feels sick they should stay home. MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown (telephonically) to call for the question. Vote: 5 - 2 Passed Town Council Special Meeting of June 19, 2020 NAY: Mayor Ginny Dickey 5of5 Councilmember Alan Magazine MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Dennis Brown (telephonically) to deny the request to issue an order requiring masks. Vote: 4 - 3 Passed NAY: Mayor Ginny Dickey Councilmember Sherry Leckrone (telephonically) Councilmember Alan Magazine 4. ADJOURNMENT MOVED BY Councilmember Art Tolis, SECONDED BY Councilmember Alan Magazine to adjourn. Vote: 7 - 0 Passed - Unanimously The Special Meeting of the Fountain Hills Town Council held June 19, 2020, adjourned at 4:20 p.m. TOWN OF FOUNTAIN HILLS r Gin 4 Dickey, Mayor ATTEST AND PREPARED BY: lizabet .Burke, Town k CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th day of June, 2020. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 24th day of August, 2020. izabet Burke, own CoteFk