On Wednesday, March 25, the Garretson City Council held an emergency council meeting to discuss the impact of the novel coronavirus, SARS-CoV-2 that causes the respiratory disease COVID-19, on the community of Garretson.
On Monday, Governor Kristi Noem signed an Executive Order that, in essence, gave several suggestions for individuals and businesses to do as part of combating the new virus, and also made violation of those suggestions a Class 2 misdemeanor.
However, she left it up to the municipalities as to whether those suggestions be implemented and enforced.
Mayor Greg Beaner met with regional mayors, as well as Mayor Paul TenHaken of Sioux Falls, on Monday prior to the release of the Executive Order.
Mayor TenHaken has concerns about the legality of shutting down businesses and establishments by local municipalities, as a business that felt it was unfairly shut down by a City could theoretically sue the City. Since Governor Noem did not issue a statewide mandate, this has left that option open.
Mayor Beaner stated within the Wednesday meeting that even attorneys are not certain of the legality of municipalities shutting down businesses in the wake of a public health crisis, and that there is plenty of disagreement among them.
The recommendations of the Executive Order made it clear that expectations of following CDC guidelines were important, such as limiting gatherings to 10 or fewer people, frequent handwashing, social distancing of at least 6 feet, knowing the symptoms of COVID-19, and isolating oneself completely upon the onset of symptoms.
While information is still being learned about the virus, some studies have shown that the virus can be disseminated up to 15 feet away, and that it lives on plastic and steel surfaces for up to three days. A person can also be asymptomatic and be highly contagious, increasing the likelihood that they will spread it unknowingly. These studies have often challenged recommendations, though the CDC has not changed most of them since they were initially released.
The Executive Order signed by Noem also made it clear that combating the virus was not going to be a short-term issue. This is partly why it has made recommendations of fully shutting down businesses very difficult, especially as many jobs are at stake and the economy has suffered. However, the governor has highly encouraged all businesses to consider different methods of accomplishing the business’ goals in order to help flatten the curve and not overwhelm the healthcare system.
As of noon on Thursday, March 26, 46 people were confirmed to have the virus, and 16 people have recovered. Substantial community spread has now been found in Minnehaha County and Beadle County.
This has made the actions of the Garretson City Council even more pertinent. The council discussed Resolution 2020-10, which echoed many of the same points as the Executive Order. It, too, encourages businesses and individuals to follow the recommendations, strongly urging business strategies to reduce the spread of the disease be implemented immediately.
Some of those highly encouraged strategies include limiting patrons and employees within an establishment to 10 or fewer if they can maintain a minimum distance of 6 feet, and if they can’t, to suspend or modify business until the threat of crisis has passed. It also encouraged businesses to pursue telework options, limit travel, and limit or eliminate gatherings.
The resolution does acknowledge that this is a very fluid situation, and that changes or modifications may be needed down the line if required. It encourages businesses to work with City officials to implement the guidelines with as little effect to the economic impacts as possible.
However, at no point does the resolution effectively close any business in Garretson.
“I think if people are responsible, and follow stuff, we may not have to go further,” said Mayor Beaner. “But, if we do have to go further, there has been precedent set even all the way up to closing businesses, and maybe just limiting the amount of people we can have with that.”
“This resolution is just strongly urging businesses to voluntarily comply with those standards,” replied council member Bill Hoskins. The rest of the council was in agreement with that, noting that it was important not to have government overstep its boundaries.
Local business owner Ernie Smith was also in agreement. “I have no problem going forward with it,” he said. “It’s the situation that we’re in. I obviously want to do everything I can to get rid of this stuff.”
During the meeting, Mayor Beaner asked the council if any changes should be made if substantial community spread was found within Garretson city limits. There was discussion of creating a local health board versus following the recommendations of the Sioux Falls health board, but no agreements were decided upon. The council agreed to have Mayor Beaner update them after the Sioux Falls health board meeting on Thursday and the Mayor’s Council meeting on Friday.
They also discussed the possibility of creating a fund to help local community members who may be in a bind, similar to the One Sioux Falls fund that has been established to help with rent, natural gas, and other expenses that may not otherwise be deferred or taken care of by the food pantry. Council member Richelle Hofer noted that Grow Garretson could help with this effort, but that certain legalities would need to be clarified with the City’s attorney first.
They then discussed whether an interim meeting the week of March 30 would be needed.
“It has been really hard,” said Mayor Beaner regarding whether that meeting was necessary. “There have been so many changes.”
The council agreed that setting a meeting for Monday, March 30 at 4:00 p.m. was a good idea, with the possibility of cancellation if it ended up not being necessary. All further meetings for the City Council will be held on Zoom until further notice. Look to the City website or to the Gazette website for details.
Read the full resolution here:
RESOLUTION NO. 2020-10
A RESOLUTION TO ADDRESS A PUBLIC HEALTH CRISIS BY RECOMMENDING COMPLIANCE WITH CERTAIN MEASURES WHICH HAVE BEEN RECOMMENDED TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE.
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus SARS-CoV-2 (the “virus”), has been confirmed in more than 100 countries, including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease caused by the virus transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, virus infection can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of the virus causing the COVID-19 disease as a public health emergency; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of the virus causing the COVID-19 disease; and
WHEREAS, cases of infection from the virus causing the COVID-19 disease have been confirmed in the State of South Dakota, and cases of community transmission are reasonably suspected to exist; and
WHEREAS, the CDC and health experts have recommended social distancing to slow the spread of the virus causing the COVID-19 disease; and
WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and
WHEREAS, in response to the need to implement social distancing, all schools in the State of South Dakota have been closed for at least two weeks; and
WHEREAS, on March 16th, the White House issued guidance recommending that gatherings of more than ten (10) people be avoided and that people avoid eating or drinking at bars, restaurants, and food courts; and
WHEREAS, the guidance issued by the White House further recommended that in states with evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate should be closed; and
WHEREAS, many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; and
WHEREAS, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s and surrounding communities’ health care providers; and
WHEREAS, it is important that control measures be taken to reduce or slow down the spread of the virus in order to protect the health and safety of the City’s residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to the COVID-19 disease; and
WHEREAS, on March 23, 2020, Governor Kristi Noem, issued Executive Order 2020-08 outlining guidelines for all South Dakotans, for-profit and not-for-profit employers, enclosed retail businesses that promote public gatherings, and healthcare organizations as it relates to COVID-19 in the state of South Dakota (the “Executive Order”); and
WHEREASE, the City Council of the City of Garretson supports the Executive Order and urges its residents and businesses to observe the directives of the Executive Order and follow CDC guidance as it relates to COVID-19 in the state of South Dakota.
NOW THEREFORE, BE IT RESOLVED, by the Garretson City Council that:
(1) The City Council of the City of Garretson supports the Executive Order and urges its residents and businesses to observe the directives of the Executive Order and follow CDC guidance as it relates to COVID-19 in the state of South Dakota.
(2) Specifically, the City recommends and strongly urges all employers, both for profit and not-for-profit, within the City of Garretson should:
a. Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease.
b. Understand that the COVID-19 is not a short-term challenge, and operations will need to endure a difficult and limited social environment for potentially eight weeks or more.
c. Innovate and continue to demonstrate entrepreneurial excellence in their operations during this difficult and uncertain environment.
d. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel, and consider regular health checks including CDC guidance for COVID-19 screening if possible
e. Offer, to the extent possible, special shopping times or access periods for populations particularly vulnerable to COVID-19.
(3) Further, any “enclosed retail business that promotes public gatherings” within the City of Garretson are strongly urged to:
a. Suspend or modify business practices as recommended by CDC guidance that involve ten or more people in an enclosed space where physical separation of at least six feet is not possible.
b. Continue offering or consider offering business models that do not involve public gatherings, including food service takeout, delivery, drive-through, curb-side service, off-site services, social distancing models, or other innovative business practices that do not involve public gatherings in an enclosed space.
c. Consider business arrangements and innovative ideas intended to support the critical infrastructure sectors, as defined by the Department of Homeland Security.
(4) In order to assist with the implementation of these recommendations, the City shall post the Executive Order and the latest CDC guidelines on its website and at City Hall. CDC recommendations shall be updated as soon as reasonable possible as new guidelines are issued.
(5) The City Council directs its City staff, with the assistance of its elected officials, to work with local businesses in the implementation of the Executive Order and CDC guidelines with a goal of minimizing economic impact on local businesses.
(6) The City Council recognizes that the outbreak of COVID-19 in the United States and the State of South Dakota is an ever-evolving issue that will require ongoing evaluation by the City and may require further action, including, but not limited to mandating the observance of the directives in the Executive Order.
(7) This Resolution shall remain in effect until such time as the State of South Dakota is no longer under a state of emergency in response to the spread of the virus causing the COVID-19 disease, at which time it shall be automatically repealed without further action of the Garretson City Council, unless repealed earlier by City Council.
BE IT FURTHER RESOLVED, that, pursuant to SDCL 9-19-13, this resolution is necessary for the immediate preservation of the public peace, health, safety, welfare, and support of the City and shall become effective immediately upon passage and publication.
Dated this 25 day of March, 2020.
CITY OF GARRETSON, SOUTH DAKOTA
_______________________________
Mayor
ATTEST:
_______________________________
Finance Officer
(SEAL)
Reading and Adoption: _____________________
Publication: ________________________
Effective Date: _______________________
Published once at the approximate cost of __________________.
