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HomeMy WebLinkAbout2020_10_20 CC PKTCity Council City of Brookings Meeting Agenda - Final-revised Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Chambers5:00 PMTuesday, October 20, 2020 Study Session The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:00 PM STUDY SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.ID 20-0436 Discussion on Ordinance 20-010 Renewal and Mask Mandate. Memo Threshold Report Phasing Plan Sales Tax Report Ordinance Attachments: 6.ID 20-0437 Discussion on Public Works Department Establishment. Page 1 City of Brookings October 20, 2020City Council Meeting Agenda - Final-revised Memo Existing Organizational Chart with FTE Count Proposed Organizational Chart with FTE Count APWA/ICMA Resources Draft Job Posting Ordinance Attachments: REGULAR MEETING 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 7.A.ORD 20-028 Introduction and First Reading on Ordinance 20-028, an Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: October 27, 2020. Memo Threshold Report Ordinance Phasing Plan Sales Tax Report Attachments: 8. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 9. Executive Session 9.A.ID 20-0440 Executive Session, pursuant to SDCL 1-25-2, for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. And for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote Page 2 City of Brookings October 20, 2020City Council Meeting Agenda - Final-revised 10. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Joey Collins, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Page 3 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0436,Version:1 Discussion on Ordinance 20-010 Renewal and Mask Mandate. Summary: The current ordinance (Phase 3) is set to expire November 7th. Based on threshold metrics an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Further discussion is desired of Council to determine if specific regulation should be augmented. Brookings is in substantial spread with all triggers met but hospitalization. Staff recommends renewal of the existing ordinance and any amendments. Attachments: Memo Threshold Report (uploaded Oct 19) Phasing Plan Sales Tax Report Proposed Ordinance City of Brookings Printed on 10/16/2020Page 1 of 1 powered by Legistar™ Work Session Memo From: Paul M. Briseno, City Manager Council Meeting: October 20, 2020 Subject: Ordinance Renewal 20-010 & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: The current ordinance (Phase 3) is set to expire November 7th. Based on threshold metrics an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Further discussion is desired of Council to determine if specific regulation should be augmented. Brookings is in substantial spread with all triggers met but hospitalization. A regular meeting is set after the work session to hold the first hearing of the phase three (3) ordinance. Additionally, an initial hearing on phase two (2) is set should the thresholds at the time warrant implementation. Council can table the second hearing of phase two (2) if the metrics are not met to warrant such action. Phase two (2) includes the closure of bars, restaurants, salons, theaters, gyms, and other facilities. Staff recommends renewal of the existing ordinance and any amendments. Background: On September 2nd City Council renewed the existing 20-010 ordinance that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity and all employees are required to wear face coverings at all times. The ordinance has other requirements outlined. September 8th Council approved an amendment that mandated face coverings where social distancing could not be achieved for indoor businesses and public places. A resolution was passed further detailing the implementation of the mask mandate. The City collaborated with many local professionals to develop a weekly report to monitor COVID 19 within Brookings. The guiding document considers metrics of control, testing and hospitalization. Additionally, an ordinance phasing was created based on previous ordinances. The transition between these phases is guided by the weekly data. Currently the City of Brookings is in Phase three (3) which is moderate. https://www.cityofbrookings.org/699/Guidelines-Ordinance-Information Discussion: At the September 22nd meeting City Council requested further discussions of the fifty percent (50%) occupancy limitations within the phase three (3) ordinance. Two of the three metrics within the guiding document have been triggered. Brookings has seen an increase in cases and percentage of positive over the past two weeks. The state of South Dakota Department of Health now provides a report of regional hospitalization and capacity. Further discussion of transitioning between phases should occur. A work session is set for October 20th to allow City Council discussion of phase movement and specific requirements within the ordinance. Additional insight will be given from local professionals including Bonny Specker Director of EAM Program, Jason Merkley President and CEO of Brookings Health System, Amy Hockett Sanford RN Clinic Director, Patrick Siegling Avera Clinic Director, Barry Dunn SDSU President, and Klint Willert Superintendent of Brookings School District. A renewal of ordinance 20-010 and face coving ordinance is recommended. In summary the renewal defines requirements of businesses and residents: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at front entry • Groups of ten (10) or less and six (6) feet apart • Cleaning of high touch areas/materials between users • Screening employees recommended • Employees required to wear masks • Cleaning of used spaces before and after each customer • No self-serve buffets or salad bars • No sharing of condiments unless wiped between use Grocery, Casino, Gyms, and Recreational Facilities • Cleaning of equipment after use by customer and/or employee • Maximum of ten (10) customers or 50% occupancy o Occupancy capacity posted at front entry • Employees of Grocery stores will wear masks • Protective measures/operations will be provided Salons/Barber Shops • Customers six (6) feet spacing & recommend service by appointment-only • Employees will wear masks • Clean equipment before and after each customer • Adequate social distancing for waiting customers Face Covering required if adequate social distancing cannot be achieved • Required for all indoor businesses and indoor public spaces • Required for all City permitted events • Exceptions include children under 5, medical conditions, religious place, educational units, certain non-profits, organized sports activity that have an approved plan Administrative exemptions allow for requested flexibility. Businesses and residents who violate sections of this ordinance will be subject to fines. Legal Consideration: There are no legal considerations at this time. Financial Consideration: The city’s monthly sales tax report is included to understand broadly the impact of COVID19 to revenues. Supporting Documentation: Threshold Report (uploaded Oct 19) Phasing Plan Sales Tax Report Proposed Ordinance (new form) For week ending October 16, 2020 Summary of Brookings COVID-19 Public Health Thresholds Week Ending 10/16/2020 1. Is the epidemic controlled? No 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Yes, probably 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases in Brookings? a. Mitigation Level: No, 3-5 times more testing is needed b. Suppression Level: No, test positivity is 26%-36%, which is far from the 3% test positivity needed for suppression. c. Approximate time to receive test results: 2-3 days DATA: 1. Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Rt has exceeded 1.0 for 8 of the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days ending on 10/16/20. Rt for the most recent 14 days (based on data from the prior week): Based on Data for Week Ending: Brookings South Dakota 10/3 0.93 1.14 10/4 0.90 1.12 10/5 0.90 1.08 10/6 0.90 1.06 10/7 0.97 1.28 10/8 0.70 1.19 10/9 1.01 1.31 10/10 1.39 1.38 10/11 1.73 1.42 10/12 1.85 1.44 10/13 2.14 1.44 10/14 2.19 1.33 10/15 2.29 1.35 10/16 2.01 1.30 Notes: • The closer Rt is to 0, the sooner transmission control will be attained. • Super spreader events are not predicted by Rt and can rapidly affect transmission trajectories. --------- July ---------|------- August -------|---------Sept---------|-----Oct --- For week ending October 16, 2020 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. Yes. Two different case numbers were used including new cases in the past seven days and current number of active cases. These numbers were multiplied by either the overall statewide hospitalization rate or by using current age-specific hospitalization rates applied to age distribution of Brookings cases based on the most recent data provided by the Department of Health. For both numbers, an additional 20% was added as recommended by the WHO and is given below in parentheses. Based on: Hospitalization Rate Age-adjusted Hospitalization Rates Anticipated admissions based on new cases in past seven days 13 (16) 17 (20) Anticipated admissions based on active cases 17 (20) 22 (26) As of 10/16/20, new cases in past seven days = 202 and active cases = 261. SD overall hospitalization rate = 6.4% (10/15/20). Age specific hospitalization rates as of 10/15/20 and age distribution of Brookings cases as of 10/14/20 (see daily data report for percentages). Brookings Health System has a surge capacity of 80 beds and the personnel to handle 45 beds. Based on current census, Brookings Health System felt they could probably handle the anticipated number of admissions (n = 13-22 new admissions). 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether the mitigation and suppression levels of testing are being met. Mitigation level of testing uses the total number of tests completed in Brookings in the previous seven days and determines whether it is equal to or greater than the total number of new cases identified plus ten times the number of new cases. The number of tests completed does not include targeted testing (i.e., public health surveillance or sentinel testing in nursing homes or on campus). Suppression level of testing is being met when the percentage of positive test results in the previous seven days is equal to or less than 3.0%. If mitigation and suppression levels of testing are being met than this would be ‘yes’, otherwise it would be ‘no’. Mitigation & Suppression Levels of Testing. Testing data for the previous seven days: Total # of cases Ten times number of new cases: Tests needed to meet mitigation level: Tests completed (mitigation): % Test Positivity (suppression) Brookings Health System Dashboard as of 10/13/20: * Brookings 202 2,020 2,222 610 26% South Dakota Department of Health Dashboard as of 10/16/20: ** Brookings 202 2,020 2,222 556 36% South Dakota 4,590 45,900 50,490 12,837 36% * Brookings data are based on number of tests completed, not the number of people tested, and may include tests on Brookings County non- residents. Data for a particular date are not reported until all test results are back. ** Includes sentinel surveillance tests (e.g., nursing homes, first responders, etc.) and is based on number of people tested, not the number of tests and includes only Brookings residents. Approximate time to receive test results as of 10/16/20 (Brookings): 2-3 days For week ending October 16, 2020 Brookings COVID-19 Thresholds Overview of Public Health Criteria Used to Control Transmission of COVID-19 The World Health Organization (WHO) uses three criteria for consideration in adjusting public health and social measures related to COVID-19 and suggests measures that can be used for evaluating these criteria1: 1. Epidemiology - Is the epidemic controlled? 2. Health System Capacity - Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? 3. Public Health Surveillance - Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? The various measures suggested by the WHO for evaluating the above criteria are given at the end of this summary as an Appendix. The ones given below are those that are locally available. Epidemiology The key measure for assessing whether the epidemic is controlled is the effective reproduction number (Rt). Rt represents the number of secondary cases for each infectious case and a value below 1 is the best indication that the epidemic is controlled and declining. The closer Rt is to 0, the sooner transmission control will be attained. The Rt depends on factors related to the number of susceptible individuals and their potential contact with infectious persons. It should be noted that superspreader events are not predicted by Rt and can rapidly affect transmission trajectories. A Rt of less than 1 for at least two weeks is used to indicate the epidemic is controlled. An algorithm is available that will calculate an estimate for Rt if case surveillance data are available.2 Brookings Measure: Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Health System Capacity A key measure for assessing whether the health system is able to cope with a resurgence of cases is that the number of new cases requiring hospitalization is smaller than the estimated maximum hospital and ICU bed capacity of the health system (i.e. the health system can cope with new hospitalizations without becoming overwhelmed while maintaining delivery of essential health services). One of the criteria used is that the health system can absorb or expand to cope with at least a 20% increase in COVID-19 case load. Brookings Measure: Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. 1 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 2 https://academic.oup.com/aje/article/178/9/1505/89262 For week ending October 16, 2020 Public Health Surveillance There are several criteria listed under public health surveillance, including surveillance systems, case investigation and contact tracing. Many of these measures are not known at a county level; however, the number of tests and test positivity are known. The Harvard Global Health Institute has established targets for assessing the adequacy of testing at both the mitigation level and the suppression level:3 Mitigation level testing: Mitigation focuses on reducing the spread of the virus through broad testing of symptomatic people, tracing and testing a recommended 10 contacts per new case, isolating positive contacts, social distancing, mask-wearing or stay-at-home orders as necessary. Testing targets for mitigation is set as the sum of symptomatic cases and 10 times the number of cases (to cover the contacts) and does not include targeted testing (sentinel testing of nursing homes, schools, etc.). Suppression level testing: Suppression allows a community to quickly find and isolate new cases before they lead to a wider outbreak, with an aim of keeping new case levels at or near zero. A test positivity rate of 3% or less can be used as an indicator of progress towards suppression level testing. Suppression level testing requires testing of asymptomatic people in high-risk environments including nursing homes, colleges, etc. Brookings Measure: Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether mitigation and suppression levels of testing are being met using the total number of tests completed and test positivity in Brookings during the previous week and approximate length of time for test results to received back in the clinics. For mitigation level of testing the number of tests completed should be equal to or greater than the total number of new cases identified plus ten times the number of new cases. For suppression level testing, the test positivity should be 3% or less. It will be noted whether the mitigation and suppression levels of testing are being met, as well as the approximate length of time between samples being submitted by local labs and test results being received. Additional notes Caveats regarding the data: • The number of cases by day that are used in calculating Rt are based on the numbers posted to the SDDOH dashboard. These dates are not the date symptoms appeared and not necessarily the date the test sample was obtained or the test was conducted; they are the date that the test results were reported to SDDOH. This is the best information that is available. • The number of tests conducted in Brookings are not the number of individuals tested, but the number of tests performed, which may include repeated testing of the same individual. Committee Members: Bonny Specker, MS, PhD (epidemiologist), Chris Chase, DVM, PhD (virologist), Gary Gackstetter, DVM, MPH, PhD (epidemiologist), Amy Hockett, RN (Sanford Brookings Clinic Manager), Adam Hoppe, PhD (cell biologist, immunologist), Victor Huber, PhD (virologist, immunologist), Jason Merkley (President, Brookings Health System), Natalie Thiex, MPH, PhD (epidemiologist, toxicologist), Xiuging Wang, PhD (virologist, cell biologist) 3 https://globalepidemics.org/testing-targets/ For week ending October 16, 2020 APPENDIX: Criteria recommended by the WHO4 Table 1. WHO Criteria for Epidemiological Control Epidemiological Criteria Explanation Decline of at least 50% over a 3-week period since the latest peak and continuous decline in the observed incidence of confirmed and probable cases ° This indicates a decline in transmission equivalent to a halving time of three weeks or less since the latest peak, when the testing strategy is maintained or strengthened to test a greater % of suspected cases. Less than 5% of samples positive for COVID-19, at least for the last 2 weeks, ° assuming that surveillance for suspected cases is comprehensive The % positive samples can be interpreted only with comprehensive surveillance and testing of suspect cases, in the order of 1/1000 population/week Less than 5% of samples positive for COVID-19, at least for the last 2 weeks°, among influenza-like-illness (ILI) samples tested at sentinel surveillance sites Through ILI sentinel surveillance, a low % of positive samples indicates low community transmission* At least 80% of cases are from contact lists and can be linked to known clusters This indicates that most transmission chains have been identified, offering the opportunity for follow-up. This may be limited by the fact that the information will certainly not have been collected at the height of the epidemic. Decline in the number of deaths among confirmed and probable cases at least for the last 3 weeks ° This will indicate, with an approximately 3-week lag-time, that the total number of cases is decreasing. If testing has decreased, then the number of deaths in probable cases will be more accurate. Continuous decline in the number of hospitalization and ICU admissions of confirmed and probable cases at least for the last 2 weeks° This indicates, with an approximately 1-week lag-time and providing that the criteria for hospitalization have not changed, a decline in the number of cases. Decline in the age-stratified excess mortality due to pneumonia When pneumonia cases cannot be systematically tested, a decline in the mortality of pneumonia would indirectly indicate a reduction in the excess mortality due to COVID-19. * Trend evaluation requires that no changes occurred in testing or measurement strategy ° 2-week period corresponds to the maximum incubation period and is the minimum period on which to assess changes in trends. Table 2. WHO Criteria for Health System Capacity Health System Criteria Explanation All COVID-19 patients can be managed according to national standard This indicates that the health system has returned to a state where all conditions (staff, beds, drugs, equipment, etc.) are there to provide the same standard of care that existed before the crisis. All other patients with a severe non-COVID-19 condition can be managed according to national standard There is no increase in intra-hospital mortality due to non-COVID-19 conditions The health system can absorb or can expand to cope with at least a 20% increase in COVID-19 case load This indicates that the system would be sustainable even if it had to absorb a surge in cases resulting from loosening public health and social measures. This includes sufficient staff, equipment, beds, etc. An Infection, Prevention and Control (IPC) focal point is available in all health facilities (1 full-time trained IPC focal point per 250 beds) and at district level This indicates strong capacity for coordination, supervision and training on IPC activities, including in primary health facilities. All health facilities have screening for COVID-19 This is for ensuring that all patients who come to a facility are assessed for COVID-19 in order to prevent health associated infections. All acute health facilities have a mechanism for isolating people with suspected COVID-19 The health system has sufficient capacity to isolate all patients with COVID-19 4 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 For week ending October 16, 2020 Table 3. WHO Criteria for Public Health Surveillance Public Health Surveillance Criteria Explanation Public Health Surveillance Systems New cases can be identified, reported, and data included in epidemiological analysis within 24 hours A surveillance system for COVID-19 is in place that is geographically comprehensive and covers all persons and communities at risk. Comprehensive surveillance includes surveillance at the community level, primary care level, in hospitals, and through sentinel surveillance sites for influenza and other respiratory diseases, where they exist. Immediate reporting of probable and confirmed cases of COVID-19 is mandated within national notifiable disease with requirements This indicates that appropriate public health policies are in place for immediate notification of cases of COVID-19 from all health facilities. Enhanced surveillance is implemented in closed residential settings and for vulnerable groups This indicates that public health authorities have identified populations who live in residential settings or are vulnerable and that enhanced surveillance is put in place for these populations. Mortality surveillance is conducted for COVID-19 related deaths in hospitals and in the community This indicates the ability to rapidly and reliably track the number of deaths related to COVID-19. Where possible, medical certificate of death for COVID-19 deaths should be issued. Other approaches for mortality surveillance may be considered, such as reports from religious centres or burial sites. The total number of laboratory tests conducted for COVID-19 virus is reported each day Knowing the testing denominator can indicate the level of surveillance activity and the proportion of tests positive can indicate the intensity of transmission among symptomatic individuals. Case Investigation Public health rapid response teams are functional at all appropriate administrative levels A measure of the capability to rapidly investigate cases and clusters of COVID-19. 90% of suspect cases are isolated and confirmed/released within 48 hours of symptom onset This indicates that investigation and isolation of new cases is sufficiently rapid to minimize the generation of secondary cases. Contact Tracing At least 80% of new cases have their close contacts traced and in quarantine within 72 hours of case confirmation These indicate that the capacity to conduct contact tracing is sufficient for the number of cases and contacts. At least 80% of contacts of new cases are monitored for 14 days Contacts should be contacted each day during the 14-day period and ideally no more than two days should elapse without feedback from a contact. Information and data management systems are in place to manage contact tracing and other related data While contact tracing data can be managed on paper at a small scale, large- scale contact tracing can be supported by electronic tools such as the Go.Data contact tracing software. PHASE 4/NEW NORMAL No Current Ordinance Businesses/Organizations Individuals High Risk Individuals PHASE 1/SEVERE Stay at Home Ordinance: 20-006 Businesses/Organizations Individuals High Risk Individuals CURRENT COVID-19 PHASE QUICK GUIDE PHASE 2/HIGH Ordinance: 20-005 Businesses/Organizations Individuals High Risk Individuals PHASE 3/MODERATE Ordinance: 20-010 Businesses/Organizations Individuals High Risk Individuals • Essential business/organization operations only. • Non-Essential work from home required. • Follow CDC guidelines. • Social distancing, masks, barriers, disinfecting requirements are outlined in ordinance. • Stay at home except for essential activities required. • Non-Essential work from home required. • Limited travel required. • Do not gather/congregate • Follow CDC guidelines • Same requirements as individuals. • Practice extra COVID-19 prevention vigilance. • Remain vigilant with hygiene practices and CDC recommendations. • Bars, restaurants, salons, indoor entertainment facilities. etc. closed to public. • Follow CDC guidelines. • Social distancing, masks, barriers, disinfecting requirements are outlined in ordinance. • Stay at home if sick or vulnerable. • Limited travel recommended. • Do not gather/congregate • Follow CDC guidelines recommended • Same requirements as individuals. • Extra COVID-19 prevention vigilance recommended. • Remain vigilant with hygiene practices and CDC recommendations. • 50% occupancy. • Work from home suggested. • Follow CDC guidelines • Social distancing, masks, shields, disinfecting requirements are outlined in ordinance. • Stay at home except for essential activities recommended. • Work from home suggested • Gathering/congregating not recommended • Follow CDC guidelines recommended • Same requirements/recommendations as individuals. • Extra COVID-19 prevention vigilance recommended. • Remain vigilant with hygiene practices and CDC recommendations. • 100% occupancy. • Resume normal operations with recommendations. • Resume normal social interactions. • Remain vigilant with hygiene practices and CDC recommendations. • New safety regulations to be determined • Resume normal gatherings and activities. • Resume normal social interactions. • Resume normal travel. • Remain vigilant with hygiene practices and CDC recommendations. • New safety regulations to be determined • Remain vigilant with preventative measures recommended. • Follow CDC recommendations RISK LEVELSSEVEREHIGHMODER A T E NEW NORMAL ADJUSTED Sales Tax Receipts 2020 Prorated.xlsx ADJUSTED YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan*647,718 675,145 645,703 27,428 4.2% 29,442 4.6%Jan 69,510 79,271 68,414 9,761 14.0% 10,857 15.9% Feb 605,553 556,215 628,045 (49,338) (8.1%) (71,830) (11.4%)Feb*73,505 68,097 79,022 (5,408) (7.4%) (10,926) (13.8%) Mar 525,411 538,789 530,544 13,378 2.5% 8,244 1.6%Mar*92,072 89,770 91,360 (2,302) (2.5%) (1,590) (1.7%) Apr*539,006 550,242 522,152 11,236 2.1% 28,090 5.4%Apr 90,857 62,712 80,808 (28,144) (31.0%) (18,096) (22.4%) May 610,492 529,299 589,444 (81,193) (13.3%) (60,145) (10.2%)May*86,051 48,026 84,923 (38,025) (44.2%) (36,897) (43.4%) June*529,129 515,960 468,225 (13,169) (2.5%)47,736 10.2%June 77,556 55,171 62,589 (22,386) (28.9%) (7,418) (11.9%) July 581,391 660,600 658,215 79,209 13.6% 2,385 0.4%July 76,618 61,700 80,688 (14,918) (19.5%) (18,988) (23.5%) Aug 611,050 619,930 651,136 8,880 1.5%(31,206) (4.8%)Aug 77,161 71,318 76,396 (5,843) (7.6%) (5,078) (6.6%) Sep 609,494 625,048 607,503 15,554 2.6% 17,545 2.9%Sep 73,605 77,081 79,501 3,476 4.7%(2,421) (3.0%) Oct 643,242 530,431 Oct 93,171 68,536 Nov 644,887 622,571 Nov 93,877 80,825 Dec 564,683 584,816 Dec 88,500 81,936 Total 7,112,056 5,271,228 7,038,785 11,984 0.3%(29,740) (0.6%)Total 992,483 613,146 935,000 (103,789) (16.1%) (90,557) (14.5%) *Adjusted 557,737 597,671 39,934 7.2%*Adjusted 78,923 74,255 (4,668) YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan 649,421 672,978 642,303 23,557 3.6% 30,675 4.8%Jan 16,668 15,622 16,002 (1,046) (6.3%) (380) (2.4%) Feb 609,894 554,396 626,118 (55,498) (9.1%) (71,722) (11.5%)Feb 18,324 17,744 16,528 (580) (3.2%)1,216 7.4% Mar 529,177 537,027 529,163 7,850 1.5% 7,864 1.5%Mar 20,180 13,316 17,793 (6,864) (34.0%) (4,477) (25.2%) Apr 542,870 548,401 520,576 5,531 1.0% 27,825 5.3%Apr 20,890 14,172 19,142 (6,718) (32.2%) (4,970) (26.0%) May 614,868 527,568 587,727 (87,300) (14.2%) (60,159) (10.2%)May 19,878 8,130 18,864 (11,748) (59.1%) (10,734) (56.9%) June*532,922 514,036 466,829 (18,886) (3.5%)47,207 10.1%June 25,866 12,290 21,958 (13,576) (52.5%) (9,668) (44.0%) July 585,559 658,440 656,219 72,880 12.4% 2,221 0.3%July 30,636 17,884 22,837 (12,752) (41.6%) (4,953) (21.7%) Aug 615,430 617,902 649,206 2,472 0.4%(31,304) (4.8%)Aug 28,108 26,798 26,726 (1,310) (4.7%)72 0.3% Sep 613,864 623,004 605,685 9,141 1.5% 17,319 2.9%Sep 25,318 25,762 20,951 444 1.8% 4,811 23.0% Oct 647,854 528,887 Oct 20,934 22,234 Nov 649,510 620,721 Nov 23,566 24,905 Dec 567,355 582,332 Dec 17,170 17,061 Total 7,158,724 5,253,752 7,015,766 (40,253) (0.9%)(30,074) (0.6%)Total 267,538 151,718 245,000 (54,150) (30.0%) (29,082) (18.2%) MA*558,741 598,276 39,535 7.1%MA*21,786 17,854 (3,932) YoY Vs Budget 2019 2020 20-Pro Budget $%$% Jan 1,383,316 1,443,016 1,372,422 59,699 4.3% 70,594 5.1% Feb 1,307,276 1,196,451 1,349,713 (110,825) (8.5%) (153,262) (11.4%) Mar 1,166,840 1,178,902 1,168,860 12,062 1.0% 10,042 0.9% Apr 1,193,623 1,175,527 1,142,678 (18,095) (1.5%)32,849 2.9% May 1,331,289 1,113,023 1,280,958 (218,266) (16.4%) (167,935) (13.1%) June 1,165,474 1,097,457 1,019,601 (68,016) (5.8%)77,856 7.6% July 1,274,205 1,398,624 1,417,960 124,419 9.8%(19,336) (1.4%) Aug 1,331,749 1,335,948 1,403,465 4,200 0.3%(67,517) (4.8%) Sep 1,322,281 1,350,895 1,313,641 28,614 2.2% 37,255 2.8% Oct 1,405,201 1,150,087 Nov 1,411,839 1,349,022 Dec 1,237,709 1,266,145 Total 15,530,801 11,289,844 15,234,551 (186,209) (1.8%)(179,454) (1.8%) 1st Penny 3rd Penny (Bed,Booze & Lodging) 2nd Penny (25% and 75%)Business Improvements District (Pillow) TOTAL M 2 M 4 M 6 M 8 M 10 M 12 M 14 M 16 M 18 M 2016 2017 2018 2019 2020 City of Brookings Sales Tax Received (As of Sep '20) 1st Penny 2nd Penny 3rd Penny BID City of Brookings ORDINANCE 20-028 An Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State o f South Dakota, as follows: Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical associations and scientific associations suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-010, as amended, is intended to slow the rise of positive cases and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many states and communities across the country have already implemented White House recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken to reduce or slow down the spread of COVID -19 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 COVID-19; and Whereas, the City of Brookings has been utilizing Ordinance 20-010, as amended, to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the relatively small number of hospitalizations in the City, and the available modeling, the City Council believes the social distancing and face covering restrictions should be continued given the increasing numbers of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to adopt, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20- 010, as previously amended. Now Therefore, Be It Ordained, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-005 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half(½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self- service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half(½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores. h) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. i) Require employees to wash hands at regular intervals. j) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear a mask which covers the employee's nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. I) Employees of hair salons, nail and tanning salons, spas and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing with certain seats marked as "not available due to social distancing guidelines" to ensure compliance. o) Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. x) Masks required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six- foot distance cannot be maintained or achieved. The provisions of Resolution 20-076 are incorporated herein, and provide as follows: 3. All persons in the city shall cover their mouth and nose with a mask or other face covering when they are in the following situations: a) When inside, or in line to enter, any indoor public space; b) When obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider; 4. Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; 5. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under-children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering-this includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections. j) Persons engaged in church and religious places of worship which may implement their own protections. 6. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor's Executive Orders. 7. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 8. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 9. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section 5. above, shall be in violation of Ordinance 20- 010, as amended by this Ordinance. 10. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions, adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 11. The restrictions set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d. Official meetings of the city, schools, county, or state. e. The operations and meetings of any state or federal courts. 12. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution of the City Council. 13. Enforcement - Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 14. Until the 2nd Reading of this ordinance is completed, approved and published, Ordinance 20-010, as amended, shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. Ordinance 20-010, as amended, shall remain in effect for an additional period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance. 15. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage and publication. Dated this ____ day of ___________, 2020. CITY OF BROOKINGS: (SEAL) Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0437,Version:1 Discussion on Public Works Department Establishment. Summary: At the September 13th meeting, City Council requested the establishment of a Public Works Department as a Study Session topic. Included within the packet is an updated organizational chart with employee counts, access to the American Public Works Association and International City Managers Association resources, job postings, peer city organizational charts and Public Works structures. The City Manager is recommending a reorganization with the establishment of a Public Works Department to develop a more cohesive department with coordinated efforts of services for the community. The department would contain the functions of engineering, stormwater, airport, snow removal, mosquito control, street maintenance, fleet, landfill and refuse collection. This recommendation does not add any new employees and has no impact on the General Fund. The restructuring allows for a future savings in salaries with less departments/directors. Background: The City of Brookings currently has fifteen (15) direct departments, directors or divisions which report to the City Manager. The existing organizational chart is attached to this memo. The current structure does not allow for effective and efficient management. When open positions occur, staff is tasked with determining the greatest use of operational resources. The current structure has been in place since 2000 with the exception of the Community Development Department addition. No legislative action was taken formally to incorporate this department. Fiscal Impact: There is no impact to the General Fund and no additional full time equivalents (FTE) necessary. Any salary augmentation for the Public Works Directors salary will be compensated from the Solid Waste Enterprise fund. Attachments: Memo Existing Organizational Chart with FTE Count Proposed Organizational Chart with FTE Count APWA/ICMA Resources Draft Job Posting Ordinance City of Brookings Printed on 10/16/2020Page 1 of 1 powered by Legistar™ Work Session Memo From: Paul M. Briseno, City Manager Council Meeting: October 20, 2020 Subject: Public Works Department Establishment Person(s) Responsible: Paul M. Briseno, City Manager Summary: At the September 13th meeting, City Council requested the establishment of a Public Works Department as a work session topic. Included within the packet is an updated organizational chart with employee counts, access to the American Public Works Association and International City Managers Association resources, job postings, peer city organizational charts and Public Works structures. The City Manager is recommending a reorganization with the establishment of a Public Works Department to develop a more cohesive department with coordinated efforts of services for the community. The department would contain the functions of engineering, stormwater, airport, snow removal, mosquito control, street maintenance, fleet, landfill and refuse collection. This recommendation does not add any new employees and has no impact on the General Fund. The restructuring allows for a future savings in salaries with less departments/directors. Background: The City of Brookings currently has fifteen (15) direct departments, directors or divisions which report to the City Manager. The existing organizational chart is attached to this memo. The current structure does not allow for effective and efficient management. When open positions occur, staff is tasked with determining the greatest use of operational resources. The current structure has been in place since 2000 with the exception of the Community Development Department addition. No legislative action was taken formally to incorporate this department. Discussion: The City Manager is recommending the creation of a Public Works department and establishment of the attached proposed organizational chart. Approval of the organizational shift will decrease the number of departments and directors to eleven (11). Currently, the City has two open positions in the Streets Department. The addition of a Public Works Department and Director is developed from one of the open positions. This action does not add any additional employees, and salary shift is augmented with enterprise revenues. This equates to no impact to the General Fund. No additional Sales Tax or Property Tax is required for this transition. The reorganization adjusts the Solid Waste, Streets and Engineering Director to a Manager salary classification. The existing Solid W aste and Engineering Directors would maintain their existing titles and salaries until a future transition occurs from retirement. The newly created Public Works Department would contain the divisions of engineering, streets, and solid waste. More importantly, the change allows for greater collaboration between all divisions that can naturally share resources, communication and planning. The attainment of a professional Public Works Director is critical in assuring success in development of a sustainable operations and infrastructure. The American Public Works Association (APWA) states the centralization of regulatory functions into faster, friendlier, and flatter department is essential in today’s tough economy “where governmental efficiency is measured by the ability of its regulatory departments to innovate and function cohesively as a single unit.” APWA is a resource for Public Works Professionals. Attached to this memo is a proposed job advertisement that further details the role of Public Works and professional criteria sought for the director position. South Dakota and Peer cities were engaged to provide best practices for the development of a Public Works Department. In total ten (10) South Dakota cities and six (6) peer college town Public Works job descriptions, department and organization al structures were reviewed. Financial Consideration: There is no impact to the General Fund and no additional full time equivalents (FTE) necessary. Any salary augmentation for the Public Works Directors salary will be compensated from the Solid Waste Enterprise fund. Supporting Documentation: Existing Organizational Chart with FTE Count Proposed Organizational Chart with FTE Count APWA/ICMA Resources Draft Job Posting Ordinance IT (4) (4)(4)(0)(10)(22)(0)(5)(4)(51)(1)(8)(6)(12)(15) 146 City Employees (1) 146 City Employees (4) (4)(3)(0) (10)(22)(0)(4)(51)(5)(1)(8)(1) (6)(14)(12) RESOURCES American Public Works Association (APWA) https://www.apwa.net/ - resource for Public Works, various structures, job openings (https://workzone.apwa.net/candidate/job_search/quick/results ), salaries, etc. International City Managers Association https://icma.org/ - resource of best practices, job openings (https://icma.org/job- listings?function%5B%5D=12343&featured=All&state%5B%5D=any&distance%5Bdistance%5D=25&dist ance%5Borigin%5D=&population%5B%5D=1&keyword=&salary%5B%5D=any&grid_enabled=0 ), salaries, etc. PEER CITY Considerations when reviewing includes the type of government (Commission, Strong Mayor, Administrator, City Manager), charter vs non-charter, services provided (utilities), and population size Cedar Falls Iowa Department Organization https://www.cedarfalls.com/8/Departments Public Works https://www.cedarfalls.com/1146/Public-Works City of Kearney Nebraska Org Chart http://cityofkearney.org/DocumentCenter/View/32449/Organizational-Charts?bidId= Public Works http://cityofkearney.org/582/Public-Works City of Hays Kansas Org Chart (pg 12) https://www.haysusa.com/DocumentCenter/View/2712/2020-BUDGET-pdf?bidId= Public Works https://www.haysusa.com/293/Public-Works City of Bozeman Montana Org Chart (bottom of page) https://www.bozeman.net/government/city-manager Public Works oversees water, water treatment, stomrwater, streets and fleet. City of Marshall Minnesota Org Chart (page 7) https://cms9files.revize.com/marshallmn/Document%20Center/Administration/Finance/Budget/2014% 20Budget%20Book.pdf Public Works https://ci.marshall.mn.us/public_works/index.php City of Emporia Kansas Public Works http://utilities.emporia-kansas.gov/ Spearfish South Dakota Org Chart https://www.cityofspearfish.com/DocumentCenter/View/449/Organizational-Chart- PDF?bidId= Public Works https://www.cityofspearfish.com/396/Public-Works Mitchell South Dakota Public Works https://www.cityofmitchell.org/206/Public-Works Yankton South Dakota Public Works oversees Streets, Engineering, Solid Waste and Recycling http://www.cityofyankton.org/home Sioux Falls South Dakota Public Works https://www.siouxfalls.org/public-works Ordinance 20-022 An Ordinance Establishing City Departments Be It Ordained by the City of Brookings, South Dakota: Whereas the City Charter (2.12 (1)) details the requirement of an ordinance to establish, or abolish any city department. Now, Therefore, Be It Resolved by the City Council establishes the following City of Brookings Departments: City Attorney, City Clerk, Community Development, Finance, Fire, Human Resources, Library, Parks, Police, and Public Works. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: October 13, 2020 Second Reading: October 27, 2020 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-028,Version:1 Introduction and First Reading on Ordinance 20-028, an Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: October 27, 2020. Summary: The current ordinance (Phase 3) is set to expire November 7th. Based on threshold metrics an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Further discussion is desired of Council to determine if specific regulation should be augmented. Brookings is in substantial spread with all triggers met but hospitalization. Staff recommends renewal of the existing ordinance and any amendments. Background: On September 2nd City Council renewed the existing 20-010 ordinance that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity and all employees are required to wear face coverings at all times. The ordinance has other requirements outlined. September 8th Council approved an amendment that mandated face coverings where social distancing could not be achieved for indoor businesses and public places. A resolution was passed further detailing the implementation of the mask mandate. The City collaborated with many local professionals to develop a weekly report to monitor COVID 19 within Brookings. The guiding document considers metrics of control, testing and hospitalization. Additionally, an ordinance phasing was created based on previous ordinances. The transition between these phases is guided by the weekly data. Currently the City of Brookings is in Phase three (3) which is moderate. <https://www.cityofbrookings.org/699/Guidelines-Ordinance-Information> Recommendation: City Staff recommends approval of the proposed ordinance. Attachments: Memo Threshold Report (uploaded Oct 19) Phasing Plan Sales Tax Report Proposed Ordinance (new form) City of Brookings Printed on 10/16/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: October 20, 2020 Subject: Ordinance Renewal 20-010 & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: The current ordinance (Phase 3) is set to expire November 7th. Based on threshold metrics an extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. Further discussion is desired of Council to determine if specific regulation should be augmented. Brookings is in substantial spread with all triggers met but hospitalization. Staff recommends renewal of the existing ordinance and any amendments. Background: On September 2nd City Council renewed the existing 20-010 ordinance that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity and all employees are required to wear face coverings at all times. The ordinance has other requirements outlined. September 8th Council approved an amendment that mandated face coverings where social distancing could not be achieved for indoor businesses and public places. A resolution was passed further detailing the implementation of the mask mandate. The City collaborated with many local professionals to develop a weekly report to monitor COVID 19 within Brookings. The guiding document considers metrics of control, testing and hospitalization. Additionally, an ordinance phasing was created based on previous ordinances. The transition between these phases is guided by the weekly data. Currently the City of Brookings is in Phase three (3) which is moderate. https://www.cityofbrookings.org/699/Guidelines-Ordinance-Information Discussion: At the September 22nd meeting City Council requested further discussions of the fifty percent (50%) occupancy limitations within the phase three (3) ordinance. Two of the three metrics within the guiding document have been triggered. Brookings has seen an increase in cases and percentage of positive over the past two weeks. The state of South Dakota Department of Health now provides a report of regional hospitalization and capacity. Further discussion of transitioning between phases should occur. A work session is set for October 20th to allow City Council discussion of phase movement and specific requirements within the ordinance. Additional insight will be given from local professionals including Bonny Specker Director of EAM Program, Jason Merkley President and CEO of Brookings Health System, Amy Hockett Sanford RN Clinic Director, Patrick Siegling Avera Clinic Director, Barry Dunn SDSU President, and Klint Willert Superintendent of Brookings School District. A renewal of ordinance 20-010 and face coving ordinance is recommended. In summary the renewal defines requirements of businesses and residents: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at front entry • Groups of ten (10) or less and six (6) feet apart • Cleaning of high touch areas/materials between users • Screening employees recommended • Employees required to wear masks • Cleaning of used spaces before and after each customer • No self-serve buffets or salad bars • No sharing of condiments unless wiped between use Grocery, Casino, Gyms, and Recreational Facilities • Cleaning of equipment after use by customer and/or employee • Maximum of ten (10) customers or 50% occupancy o Occupancy capacity posted at front entry • Employees of Grocery stores will wear masks • Protective measures/operations will be provided Salons/Barber Shops • Customers six (6) feet spacing & recommend service by appointment-only • Employees will wear masks • Clean equipment before and after each customer • Adequate social distancing for waiting customers Face Covering required if adequate social distancing cannot be achieved • Required for all indoor businesses and indoor public spaces • Required for all City permitted events • Exceptions include children under 5, medical conditions, religious place, educational units, certain non-profits, organized sports activity that have an approved plan Administrative exemptions allow for requested flexibility. Businesses and residents who violate sections of this ordinance will be subject to fines. Legal Consideration: There are no legal considerations at this time. Financial Consideration: The city’s monthly sales tax report is included to understand broadly the impact of COVID19 to revenues. Recommendation: City Staff recommends approval of the proposed ordinance. Options: City Council has the following options: 1. Approve as recommended 2. Deny 3. Refer to a Work Session for further discussion Supporting Documentation: 1. Threshold Report (uploaded Oct 19) 2. Phasing Plan 3. Sales Tax Report 4. Proposed Ordinance (new form) For week ending October 16, 2020 Summary of Brookings COVID-19 Public Health Thresholds Week Ending 10/16/2020 1. Is the epidemic controlled? No 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Yes, probably 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases in Brookings? a. Mitigation Level: No, 3-5 times more testing is needed b. Suppression Level: No, test positivity is 26%-36%, which is far from the 3% test positivity needed for suppression. c. Approximate time to receive test results: 2-3 days DATA: 1. Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Rt has exceeded 1.0 for 8 of the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days ending on 10/16/20. Rt for the most recent 14 days (based on data from the prior week): Based on Data for Week Ending: Brookings South Dakota 10/3 0.93 1.14 10/4 0.90 1.12 10/5 0.90 1.08 10/6 0.90 1.06 10/7 0.97 1.28 10/8 0.70 1.19 10/9 1.01 1.31 10/10 1.39 1.38 10/11 1.73 1.42 10/12 1.85 1.44 10/13 2.14 1.44 10/14 2.19 1.33 10/15 2.29 1.35 10/16 2.01 1.30 Notes: • The closer Rt is to 0, the sooner transmission control will be attained. • Super spreader events are not predicted by Rt and can rapidly affect transmission trajectories. --------- July ---------|------- August -------|---------Sept---------|-----Oct --- For week ending October 16, 2020 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. Yes. Two different case numbers were used including new cases in the past seven days and current number of active cases. These numbers were multiplied by either the overall statewide hospitalization rate or by using current age-specific hospitalization rates applied to age distribution of Brookings cases based on the most recent data provided by the Department of Health. For both numbers, an additional 20% was added as recommended by the WHO and is given below in parentheses. Based on: Hospitalization Rate Age-adjusted Hospitalization Rates Anticipated admissions based on new cases in past seven days 13 (16) 17 (20) Anticipated admissions based on active cases 17 (20) 22 (26) As of 10/16/20, new cases in past seven days = 202 and active cases = 261. SD overall hospitalization rate = 6.4% (10/15/20). Age specific hospitalization rates as of 10/15/20 and age distribution of Brookings cases as of 10/14/20 (see daily data report for percentages). Brookings Health System has a surge capacity of 80 beds and the personnel to handle 45 beds. Based on current census, Brookings Health System felt they could probably handle the anticipated number of admissions (n = 13-22 new admissions). 3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether the mitigation and suppression levels of testing are being met. Mitigation level of testing uses the total number of tests completed in Brookings in the previous seven days and determines whether it is equal to or greater than the total number of new cases identified plus ten times the number of new cases. The number of tests completed does not include targeted testing (i.e., public health surveillance or sentinel testing in nursing homes or on campus). Suppression level of testing is being met when the percentage of positive test results in the previous seven days is equal to or less than 3.0%. If mitigation and suppression levels of testing are being met than this would be ‘yes’, otherwise it would be ‘no’. Mitigation & Suppression Levels of Testing. Testing data for the previous seven days: Total # of cases Ten times number of new cases: Tests needed to meet mitigation level: Tests completed (mitigation): % Test Positivity (suppression) Brookings Health System Dashboard as of 10/13/20: * Brookings 202 2,020 2,222 610 26% South Dakota Department of Health Dashboard as of 10/16/20: ** Brookings 202 2,020 2,222 556 36% South Dakota 4,590 45,900 50,490 12,837 36% * Brookings data are based on number of tests completed, not the number of people tested, and may include tests on Brookings County non- residents. Data for a particular date are not reported until all test results are back. ** Includes sentinel surveillance tests (e.g., nursing homes, first responders, etc.) and is based on number of people tested, not the number of tests and includes only Brookings residents. Approximate time to receive test results as of 10/16/20 (Brookings): 2-3 days For week ending October 16, 2020 Brookings COVID-19 Thresholds Overview of Public Health Criteria Used to Control Transmission of COVID-19 The World Health Organization (WHO) uses three criteria for consideration in adjusting public health and social measures related to COVID-19 and suggests measures that can be used for evaluating these criteria1: 1. Epidemiology - Is the epidemic controlled? 2. Health System Capacity - Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? 3. Public Health Surveillance - Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? The various measures suggested by the WHO for evaluating the above criteria are given at the end of this summary as an Appendix. The ones given below are those that are locally available. Epidemiology The key measure for assessing whether the epidemic is controlled is the effective reproduction number (Rt). Rt represents the number of secondary cases for each infectious case and a value below 1 is the best indication that the epidemic is controlled and declining. The closer Rt is to 0, the sooner transmission control will be attained. The Rt depends on factors related to the number of susceptible individuals and their potential contact with infectious persons. It should be noted that superspreader events are not predicted by Rt and can rapidly affect transmission trajectories. A Rt of less than 1 for at least two weeks is used to indicate the epidemic is controlled. An algorithm is available that will calculate an estimate for Rt if case surveillance data are available.2 Brookings Measure: Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise it would be a ‘no’. Health System Capacity A key measure for assessing whether the health system is able to cope with a resurgence of cases is that the number of new cases requiring hospitalization is smaller than the estimated maximum hospital and ICU bed capacity of the health system (i.e. the health system can cope with new hospitalizations without becoming overwhelmed while maintaining delivery of essential health services). One of the criteria used is that the health system can absorb or expand to cope with at least a 20% increase in COVID-19 case load. Brookings Measure: Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’. 1 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 2 https://academic.oup.com/aje/article/178/9/1505/89262 For week ending October 16, 2020 Public Health Surveillance There are several criteria listed under public health surveillance, including surveillance systems, case investigation and contact tracing. Many of these measures are not known at a county level; however, the number of tests and test positivity are known. The Harvard Global Health Institute has established targets for assessing the adequacy of testing at both the mitigation level and the suppression level:3 Mitigation level testing: Mitigation focuses on reducing the spread of the virus through broad testing of symptomatic people, tracing and testing a recommended 10 contacts per new case, isolating positive contacts, social distancing, mask-wearing or stay-at-home orders as necessary. Testing targets for mitigation is set as the sum of symptomatic cases and 10 times the number of cases (to cover the contacts) and does not include targeted testing (sentinel testing of nursing homes, schools, etc.). Suppression level testing: Suppression allows a community to quickly find and isolate new cases before they lead to a wider outbreak, with an aim of keeping new case levels at or near zero. A test positivity rate of 3% or less can be used as an indicator of progress towards suppression level testing. Suppression level testing requires testing of asymptomatic people in high-risk environments including nursing homes, colleges, etc. Brookings Measure: Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a resurgence of cases? Evaluate whether mitigation and suppression levels of testing are being met using the total number of tests completed and test positivity in Brookings during the previous week and approximate length of time for test results to received back in the clinics. For mitigation level of testing the number of tests completed should be equal to or greater than the total number of new cases identified plus ten times the number of new cases. For suppression level testing, the test positivity should be 3% or less. It will be noted whether the mitigation and suppression levels of testing are being met, as well as the approximate length of time between samples being submitted by local labs and test results being received. Additional notes Caveats regarding the data: • The number of cases by day that are used in calculating Rt are based on the numbers posted to the SDDOH dashboard. These dates are not the date symptoms appeared and not necessarily the date the test sample was obtained or the test was conducted; they are the date that the test results were reported to SDDOH. This is the best information that is available. • The number of tests conducted in Brookings are not the number of individuals tested, but the number of tests performed, which may include repeated testing of the same individual. Committee Members: Bonny Specker, MS, PhD (epidemiologist), Chris Chase, DVM, PhD (virologist), Gary Gackstetter, DVM, MPH, PhD (epidemiologist), Amy Hockett, RN (Sanford Brookings Clinic Manager), Adam Hoppe, PhD (cell biologist, immunologist), Victor Huber, PhD (virologist, immunologist), Jason Merkley (President, Brookings Health System), Natalie Thiex, MPH, PhD (epidemiologist, toxicologist), Xiuging Wang, PhD (virologist, cell biologist) 3 https://globalepidemics.org/testing-targets/ For week ending October 16, 2020 APPENDIX: Criteria recommended by the WHO4 Table 1. WHO Criteria for Epidemiological Control Epidemiological Criteria Explanation Decline of at least 50% over a 3-week period since the latest peak and continuous decline in the observed incidence of confirmed and probable cases ° This indicates a decline in transmission equivalent to a halving time of three weeks or less since the latest peak, when the testing strategy is maintained or strengthened to test a greater % of suspected cases. Less than 5% of samples positive for COVID-19, at least for the last 2 weeks, ° assuming that surveillance for suspected cases is comprehensive The % positive samples can be interpreted only with comprehensive surveillance and testing of suspect cases, in the order of 1/1000 population/week Less than 5% of samples positive for COVID-19, at least for the last 2 weeks°, among influenza-like-illness (ILI) samples tested at sentinel surveillance sites Through ILI sentinel surveillance, a low % of positive samples indicates low community transmission* At least 80% of cases are from contact lists and can be linked to known clusters This indicates that most transmission chains have been identified, offering the opportunity for follow-up. This may be limited by the fact that the information will certainly not have been collected at the height of the epidemic. Decline in the number of deaths among confirmed and probable cases at least for the last 3 weeks ° This will indicate, with an approximately 3-week lag-time, that the total number of cases is decreasing. If testing has decreased, then the number of deaths in probable cases will be more accurate. Continuous decline in the number of hospitalization and ICU admissions of confirmed and probable cases at least for the last 2 weeks° This indicates, with an approximately 1-week lag-time and providing that the criteria for hospitalization have not changed, a decline in the number of cases. Decline in the age-stratified excess mortality due to pneumonia When pneumonia cases cannot be systematically tested, a decline in the mortality of pneumonia would indirectly indicate a reduction in the excess mortality due to COVID-19. * Trend evaluation requires that no changes occurred in testing or measurement strategy ° 2-week period corresponds to the maximum incubation period and is the minimum period on which to assess changes in trends. Table 2. WHO Criteria for Health System Capacity Health System Criteria Explanation All COVID-19 patients can be managed according to national standard This indicates that the health system has returned to a state where all conditions (staff, beds, drugs, equipment, etc.) are there to provide the same standard of care that existed before the crisis. All other patients with a severe non-COVID-19 condition can be managed according to national standard There is no increase in intra-hospital mortality due to non-COVID-19 conditions The health system can absorb or can expand to cope with at least a 20% increase in COVID-19 case load This indicates that the system would be sustainable even if it had to absorb a surge in cases resulting from loosening public health and social measures. This includes sufficient staff, equipment, beds, etc. An Infection, Prevention and Control (IPC) focal point is available in all health facilities (1 full-time trained IPC focal point per 250 beds) and at district level This indicates strong capacity for coordination, supervision and training on IPC activities, including in primary health facilities. All health facilities have screening for COVID-19 This is for ensuring that all patients who come to a facility are assessed for COVID-19 in order to prevent health associated infections. All acute health facilities have a mechanism for isolating people with suspected COVID-19 The health system has sufficient capacity to isolate all patients with COVID-19 4 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19 For week ending October 16, 2020 Table 3. WHO Criteria for Public Health Surveillance Public Health Surveillance Criteria Explanation Public Health Surveillance Systems New cases can be identified, reported, and data included in epidemiological analysis within 24 hours A surveillance system for COVID-19 is in place that is geographically comprehensive and covers all persons and communities at risk. Comprehensive surveillance includes surveillance at the community level, primary care level, in hospitals, and through sentinel surveillance sites for influenza and other respiratory diseases, where they exist. Immediate reporting of probable and confirmed cases of COVID-19 is mandated within national notifiable disease with requirements This indicates that appropriate public health policies are in place for immediate notification of cases of COVID-19 from all health facilities. Enhanced surveillance is implemented in closed residential settings and for vulnerable groups This indicates that public health authorities have identified populations who live in residential settings or are vulnerable and that enhanced surveillance is put in place for these populations. Mortality surveillance is conducted for COVID-19 related deaths in hospitals and in the community This indicates the ability to rapidly and reliably track the number of deaths related to COVID-19. Where possible, medical certificate of death for COVID-19 deaths should be issued. Other approaches for mortality surveillance may be considered, such as reports from religious centres or burial sites. The total number of laboratory tests conducted for COVID-19 virus is reported each day Knowing the testing denominator can indicate the level of surveillance activity and the proportion of tests positive can indicate the intensity of transmission among symptomatic individuals. Case Investigation Public health rapid response teams are functional at all appropriate administrative levels A measure of the capability to rapidly investigate cases and clusters of COVID-19. 90% of suspect cases are isolated and confirmed/released within 48 hours of symptom onset This indicates that investigation and isolation of new cases is sufficiently rapid to minimize the generation of secondary cases. Contact Tracing At least 80% of new cases have their close contacts traced and in quarantine within 72 hours of case confirmation These indicate that the capacity to conduct contact tracing is sufficient for the number of cases and contacts. At least 80% of contacts of new cases are monitored for 14 days Contacts should be contacted each day during the 14-day period and ideally no more than two days should elapse without feedback from a contact. Information and data management systems are in place to manage contact tracing and other related data While contact tracing data can be managed on paper at a small scale, large- scale contact tracing can be supported by electronic tools such as the Go.Data contact tracing software. Ordinance 20-028 An Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State o f South Dakota, as follows: Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical associations and scientific associations suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-010, as amended, is intended to slow the rise of positive cases and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many states and communities across the country have already implemented White House recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken to reduce or slow down the spread of COVID -19 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 COVID-19; and Whereas, the City of Brookings has been utilizing Ordinance 20-010, as amended, to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the relatively small number of hospitalizations in the City, and the available modeling, the City Council believes the social distancing and face covering restrictions should be continued given the increasing numbers of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to adopt, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20- 010, as previously amended. Now Therefore, Be It Ordained, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-005 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half(½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self- service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half(½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores. h) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. i) Require employees to wash hands at regular intervals. j) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear a mask which covers the employee's nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. I) Employees of hair salons, nail and tanning salons, spas and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing with certain seats marked as "not available due to social distancing guidelines" to ensure compliance. o) Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. x) Masks required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six- foot distance cannot be maintained or achieved. The provisions of Resolution 20-076 are incorporated herein, and provide as follows: 3. All persons in the city shall cover their mouth and nose with a mask or other face covering when they are in the following situations: a) When inside, or in line to enter, any indoor public space; b) When obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider; 4. Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; 5. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under-children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering-this includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections. j) Persons engaged in church and religious places of worship which may implement their own protections. 6. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor's Executive Orders. 7. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 8. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 9. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section 5. above, shall be in violation of Ordinance 20- 010, as amended by this Ordinance. 10. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions, adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 11. The restrictions set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d. Official meetings of the city, schools, county, or state. e. The operations and meetings of any state or federal courts. 12. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution of the City Council. 13. Enforcement - Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 14. Until the 2nd Reading of this ordinance is completed, approved and published, Ordinance 20-010, as amended, shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. Ordinance 20-010, as amended, shall remain in effect for an additional period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance. 15. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage and publication. Dated this ____ day of ___________, 2020. CITY OF BROOKINGS: (SEAL) Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk PHASE 4/NEW NORMAL No Current Ordinance Businesses/Organizations Individuals High Risk Individuals PHASE 1/SEVERE Stay at Home Ordinance: 20-006 Businesses/Organizations Individuals High Risk Individuals CURRENT COVID-19 PHASE QUICK GUIDE PHASE 2/HIGH Ordinance: 20-005 Businesses/Organizations Individuals High Risk Individuals PHASE 3/MODERATE Ordinance: 20-010 Businesses/Organizations Individuals High Risk Individuals • Essential business/organization operations only. • Non-Essential work from home required. • Follow CDC guidelines. • Social distancing, masks, barriers, disinfecting requirements are outlined in ordinance. • Stay at home except for essential activities required. • Non-Essential work from home required. • Limited travel required. • Do not gather/congregate • Follow CDC guidelines • Same requirements as individuals. • Practice extra COVID-19 prevention vigilance. • Remain vigilant with hygiene practices and CDC recommendations. • Bars, restaurants, salons, indoor entertainment facilities. etc. closed to public. • Follow CDC guidelines. • Social distancing, masks, barriers, disinfecting requirements are outlined in ordinance. • Stay at home if sick or vulnerable. • Limited travel recommended. • Do not gather/congregate • Follow CDC guidelines recommended • Same requirements as individuals. • Extra COVID-19 prevention vigilance recommended. • Remain vigilant with hygiene practices and CDC recommendations. • 50% occupancy. • Work from home suggested. • Follow CDC guidelines • Social distancing, masks, shields, disinfecting requirements are outlined in ordinance. • Stay at home except for essential activities recommended. • Work from home suggested • Gathering/congregating not recommended • Follow CDC guidelines recommended • Same requirements/recommendations as individuals. • Extra COVID-19 prevention vigilance recommended. • Remain vigilant with hygiene practices and CDC recommendations. • 100% occupancy. • Resume normal operations with recommendations. • Resume normal social interactions. • Remain vigilant with hygiene practices and CDC recommendations. • New safety regulations to be determined • Resume normal gatherings and activities. • Resume normal social interactions. • Resume normal travel. • Remain vigilant with hygiene practices and CDC recommendations. • New safety regulations to be determined • Remain vigilant with preventative measures recommended. • Follow CDC recommendations RISK LEVELSSEVEREHIGHMODER A T E NEW NORMAL ADJUSTED Sales Tax Receipts 2020 Prorated.xlsx ADJUSTED YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan*647,718 675,145 645,703 27,428 4.2% 29,442 4.6%Jan 69,510 79,271 68,414 9,761 14.0% 10,857 15.9% Feb 605,553 556,215 628,045 (49,338) (8.1%) (71,830) (11.4%)Feb*73,505 68,097 79,022 (5,408) (7.4%) (10,926) (13.8%) Mar 525,411 538,789 530,544 13,378 2.5% 8,244 1.6%Mar*92,072 89,770 91,360 (2,302) (2.5%) (1,590) (1.7%) Apr*539,006 550,242 522,152 11,236 2.1% 28,090 5.4%Apr 90,857 62,712 80,808 (28,144) (31.0%) (18,096) (22.4%) May 610,492 529,299 589,444 (81,193) (13.3%) (60,145) (10.2%)May*86,051 48,026 84,923 (38,025) (44.2%) (36,897) (43.4%) June*529,129 515,960 468,225 (13,169) (2.5%)47,736 10.2%June 77,556 55,171 62,589 (22,386) (28.9%) (7,418) (11.9%) July 581,391 660,600 658,215 79,209 13.6% 2,385 0.4%July 76,618 61,700 80,688 (14,918) (19.5%) (18,988) (23.5%) Aug 611,050 619,930 651,136 8,880 1.5%(31,206) (4.8%)Aug 77,161 71,318 76,396 (5,843) (7.6%) (5,078) (6.6%) Sep 609,494 625,048 607,503 15,554 2.6% 17,545 2.9%Sep 73,605 77,081 79,501 3,476 4.7%(2,421) (3.0%) Oct 643,242 530,431 Oct 93,171 68,536 Nov 644,887 622,571 Nov 93,877 80,825 Dec 564,683 584,816 Dec 88,500 81,936 Total 7,112,056 5,271,228 7,038,785 11,984 0.3%(29,740) (0.6%)Total 992,483 613,146 935,000 (103,789) (16.1%) (90,557) (14.5%) *Adjusted 557,737 597,671 39,934 7.2%*Adjusted 78,923 74,255 (4,668) YoY Vs Budget YoY Vs Budget 2019 2020 20-Pro Budget $%$%2019 2020 20-Pro Budget $%$% Jan 649,421 672,978 642,303 23,557 3.6% 30,675 4.8%Jan 16,668 15,622 16,002 (1,046) (6.3%) (380) (2.4%) Feb 609,894 554,396 626,118 (55,498) (9.1%) (71,722) (11.5%)Feb 18,324 17,744 16,528 (580) (3.2%)1,216 7.4% Mar 529,177 537,027 529,163 7,850 1.5% 7,864 1.5%Mar 20,180 13,316 17,793 (6,864) (34.0%) (4,477) (25.2%) Apr 542,870 548,401 520,576 5,531 1.0% 27,825 5.3%Apr 20,890 14,172 19,142 (6,718) (32.2%) (4,970) (26.0%) May 614,868 527,568 587,727 (87,300) (14.2%) (60,159) (10.2%)May 19,878 8,130 18,864 (11,748) (59.1%) (10,734) (56.9%) June*532,922 514,036 466,829 (18,886) (3.5%)47,207 10.1%June 25,866 12,290 21,958 (13,576) (52.5%) (9,668) (44.0%) July 585,559 658,440 656,219 72,880 12.4% 2,221 0.3%July 30,636 17,884 22,837 (12,752) (41.6%) (4,953) (21.7%) Aug 615,430 617,902 649,206 2,472 0.4%(31,304) (4.8%)Aug 28,108 26,798 26,726 (1,310) (4.7%)72 0.3% Sep 613,864 623,004 605,685 9,141 1.5% 17,319 2.9%Sep 25,318 25,762 20,951 444 1.8% 4,811 23.0% Oct 647,854 528,887 Oct 20,934 22,234 Nov 649,510 620,721 Nov 23,566 24,905 Dec 567,355 582,332 Dec 17,170 17,061 Total 7,158,724 5,253,752 7,015,766 (40,253) (0.9%)(30,074) (0.6%)Total 267,538 151,718 245,000 (54,150) (30.0%) (29,082) (18.2%) MA*558,741 598,276 39,535 7.1%MA*21,786 17,854 (3,932) YoY Vs Budget 2019 2020 20-Pro Budget $%$% Jan 1,383,316 1,443,016 1,372,422 59,699 4.3% 70,594 5.1% Feb 1,307,276 1,196,451 1,349,713 (110,825) (8.5%) (153,262) (11.4%) Mar 1,166,840 1,178,902 1,168,860 12,062 1.0% 10,042 0.9% Apr 1,193,623 1,175,527 1,142,678 (18,095) (1.5%)32,849 2.9% May 1,331,289 1,113,023 1,280,958 (218,266) (16.4%) (167,935) (13.1%) June 1,165,474 1,097,457 1,019,601 (68,016) (5.8%)77,856 7.6% July 1,274,205 1,398,624 1,417,960 124,419 9.8%(19,336) (1.4%) Aug 1,331,749 1,335,948 1,403,465 4,200 0.3%(67,517) (4.8%) Sep 1,322,281 1,350,895 1,313,641 28,614 2.2% 37,255 2.8% Oct 1,405,201 1,150,087 Nov 1,411,839 1,349,022 Dec 1,237,709 1,266,145 Total 15,530,801 11,289,844 15,234,551 (186,209) (1.8%)(179,454) (1.8%) 1st Penny 3rd Penny (Bed,Booze & Lodging) 2nd Penny (25% and 75%)Business Improvements District (Pillow) TOTAL M 2 M 4 M 6 M 8 M 10 M 12 M 14 M 16 M 18 M 2016 2017 2018 2019 2020 City of Brookings Sales Tax Received (As of Sep '20) 1st Penny 2nd Penny 3rd Penny BID City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0440,Version:1 Executive Session, pursuant to SDCL 1-25-2, for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor. And for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 10/20/2020Page 1 of 1 powered by Legistar™