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HomeMy WebLinkAbout2020_12_15 CC PKTCity Council City of Brookings Meeting Agenda - Final 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!" Chambers6:00 PMTuesday, December 15, 2020 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 EXECUTIVE SESSION 1.ID 20-0528 Executive Session, pursuant to SDCL 1-25-2.1 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. Action: Motion to Enter into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. Page 1 City of Brookings December 15, 2020City Council Meeting Agenda - Final 3.B.ID 20-0529 Action to approve the December 8, 2020 City Council minutes. 12/8/2020 MinutesAttachments: 3.C.RES 20-110 Action on Resolution 20-110, a Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals. Resolution 2020 Original Agreement Agreement - Marked 2020 Amended Agreement 2021 Agreement Attachments: 3.D.ID 20-0527 Action on appointment to the Brookings Committee for People who have Disabilities. 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. 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.B.ID 20-0526 Introduction of new and/or promoted City of Brookings employees. 6. Public Hearings and Second Readings: 6.A.ORD 20-029 Second Reading on Ordinance 20-029, an Emergency Ordinance Amending Emergency Ordinance 20-028 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. Memo Ordinance - clean Ordinance - marked Summary of COVID Triggers Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 12/8/20 City Council read into the record Page 2 City of Brookings December 15, 2020City Council Meeting Agenda - Final 7. Contracts/Change Orders: None 8. 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. 8.A.ORD 20-025 Introduction and First Reading of Ordinance 20-025, an Ordinance rezoning 22 acres from a Residence R1-B single family district to R-3 apartment district (generally located south of 20th St. So. and West of Valley View Addition). Public Hearing: January 12, 2021. Memo Ordinance Notice PC Minutes Area Map Zoning Map Future Land Use Map Attachments: 8.B.ORD 20-026 Introduction and First Reading on Ordinance 20-026, an Ordinance to permit by Conditional Use a CNC Machine Shop in the Residence R1-C Single-Family District on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive. Public Hearing: January 12, 2021. Memo Ordinance Notice PC Minutes Application Aerial Map Zoning Map Attachments: 9. Other Business: 9.A.RES 20-108 Action on Resolution 20-108, a Resolution Authorizing a Short-Term Loan from the General Fund to the Bob Shelden Capital Project Fund. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 20-109 Action on Resolution 20-109, a Resolution Transferring City Manager Contingency Funds to City Departments. Page 3 City of Brookings December 15, 2020City Council Meeting Agenda - Final Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.RES 20-111 Action on Resolution 20-111, a Resolution Authorizing Additional 2021 Non-Profit Outside Agency Funding. Memo Resolution 2021 City Funding Requests Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.ID 20-0531 Action on City Manager Compensation Package. Action: Motion to Approve, Request Public Comment, Roll Call 10. 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. 11. 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 4 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 20-0528,Version:1 Executive Session, pursuant to SDCL 1-25-2.1 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. 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 12/10/2020Page 1 of 1 powered by Legistar™ 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 20-0529,Version:1 Action to approve the December 8, 2020 City Council minutes. Attachments: 12/8/2020 Minutes City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ Brookings City Council December 8, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, December 8, 2020 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Keith Corbett and Council Members Nick Wendell, Holly Tilton Byrne, Leah Brink, Patty Bacon, and Oepke Niemeyer. Absent: Council Member Joey Collins. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Wendell, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the November 24, 2020 City Council Minutes. 3.C. Action on annual Wine Alcohol License Renewals for 2021. Wine (On-Off Sale): Wooden Legs Brewing Co., Inc. 309-311 5th Street; and Yessica’s Restaurant, 1300 Main Avenue South. Open Forum. Bradley Walker expressed concerns regarding the City of Brookings social media campaign regarding COVID-19. Presentation: Proclamation. Mayor Corbett read the Proclamation, designating December 16, 2020 as Al Heuton Day. The Mayor will present the Proclamation to Al Heuton at a later date. Mayoral Proclamation City of Brookings, South Dakota Whereas, Al Heuton retires this month after 15 years of visionary and devoted service as the Executive Director for Brookings Economic Development Corporation; and Whereas, Al’s strategic recruitment and expansion of businesses has resulted in the creation of over 1,000 new jobs and capital investments exceeding $100 million; and Whereas, Al is directly responsible for bringing in over $24 million in grant dollars for the Brookings region; and Whereas, Brookings has seen tremendous growth during Al’s tenure including a population increase of 26% and an ongoing economic impact from his work of more than $100 million annually; and Whereas, Brookings has garnered significant national recognition for economic success during Al’s tenure including being named #16 Best Performing Micropolitan in the Country by Policom in 2020, a National Micropolitan Success Story by the Walton Family Foundation in 2018 and one of only eleven comm unities chosen for a Case Study for Positive Economic Transformation for the State of Indiana in 2014. Now, Therefore, I Keith W. Corbett, Mayor of the City of Brookings, South Dakota, do hereby proclaim Wednesday, December 16, 2020, as Al Heuton Day. In Witness Whereof, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 8th day of December, 2020. Project Update: 20th Street South BUILD Grant / Interchange. City Engineer Jackie Lanning provided a 60% Construction update on the BUILD Grant / Interchange Project. The 90% review is tentatively scheduled for February, 2021. Resolution 20-101. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Resolution 20-101, a Resolution Authorizing Change Order No. 1 (Final) for 2020-08STI Street Maintenance & Overlay Project; Bowes Construction, Inc., be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-101 - Resolution Authorizing Change Order No. 1, Final, for 2020-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2020- 08STI, Street Maintenance and Overlay Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities for a total increase of $34,630.57 to close out the project. Resolution 20-102. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, that Resolution 20-102, a Resolution Approving an Art Installation Agreement between the City of Brookings and Reed Madden for the purpose of Public Art at Bob Shelden Field, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-102 - A Resolution Approving an Art Installation Agreement between the City of Brookings and Reed Madden for the purpose of Public Art at Bob Shelden Field Whereas, the City of Brookings is the owner of Bob Shelden Athletic Field Complex located at 621 Medary Avenue South; and Whereas, one of the goals of the City of Brookings’ Strategic Plan is to create a connected community through opportunities for public engagement and added vibrancy to public spaces through the use of art; and Whereas, the City of Brookings selected Reed Madden Designs, a professional art team, through a competitive process as the preferred artist for the Bob Shelden project; and Whereas, the City of Brookings has negotiated a Public Art Installation Agreement with Reed Madden Designs for the construction and installation of public art at the Bob Shelden Athletic Field Complex. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the proposed Public Art Installation Agreement between the City of Brookings and Reed Madden Designs be approved, together with the terms and conditions included therein, for the public art project at Bob Shelden Athletic Complex. Resolution 20-103. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that Resolution 20-103, a Resolution Authorizing the City to Lease Real Property to Brookings Backpack Program, be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-103 - Resolution of Intent to Lease Real Property to Brookings Backpack Program Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a lease agreement with Brookings Backpack Program on a month-to-month basis for a period not to exceed two years; and Whereas the lease pertains to the following described property: Research & Technology Center – 807 32nd Avenue. Whereas, the Lease will be an amount of $0.00 per square foot based on the agreed upon square footage of 2,066 square feet for a period not to exceed two (2) years. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2020 at 6:00 o’clock P.M. at the Brookings City & County Gove rnment Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 20-104. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Resolution 20-104, a Resolution of Intent to Lease Real Property to RTI, LLC. be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-104 - Resolution of Intent to Lease Real Property to Rural Technologies, Inc. Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of Brookings intends to enter into a lease agreement with RTI, LLC., on a month-to-month basis terminating on or before December 31, 2022; a nd Whereas, the lease pertains to the following described property: Research & Technology Center – 801 32nd Avenue, Suite 100. Whereas, the Lease will be an amount of $10.00 per square foot for 10,957 square feet of office/lab space and $4.00 per square foot for 2,134 square feet of garage/cold storage space. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2020 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. FIRST READING – Ordinance 20-029. An introduction and first reading was held on Ordinance 20-029, an Emergency Ordinance Amending Emergency Ordinance 20-028 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. Public Comment: Bill Alsaker, Bradley Walker, Russ Widhalm, and Jody Owen. Second Reading: December 15, 2020. Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol Application from St. Thomas More Catholic School, to operate within the City of Brookings, South Dakota, on February 6, 2021, for a Winter Gala and Grand Auction to be held at 1700 8th Street South. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that the Temporary Alcohol Application be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-105. A public hearing was held on Resolution 20 -105, a Resolution of Intent to Lease Real Property to Lyle Bothe in Section 21-T110N-R50W (West of Brookings Airport). A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 20-105 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne ; Absent: 1 – Collins. Resolution 20-105 - Resolution of Intent to Lease Real Property to Lyle Bothe in Section 21-T110N-R50W (West of Brookings Airport) Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Lyle Bothe for a period of two (2) years, commencing January 1, 2021 and ending December 31, 2022; and Whereas, the Bidder may have the option to renew this Lease for two additional one- year terms for 2023 and 2024; and Whereas, this lease pertains to the following described property: the designated hay land, eighty-five (85) acres more or less, in Section 21, T110N-R50W in the City of Brookings, Brookings County, South Dakota. Whereas, the Lease will be an amount of One Hundred Eleven Dollars and Zero Cents ($111.00) per acre for hay land, payable the first half payment will be due July 1st with the second half due November 1st of each year. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2020, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the in tent to lease real property. Resolution 20-106. A public hearing was held on Resolution 20 -106, a Resolution of Intent to Lease Real Property to Lyle Bothe in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.). A motion was made by Council Member Brink, seconded by Council Member Wendell, that Resolution 20-106 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne ; Absent: 1 – Collins. Resolution 20-106 - Resolution of Intent to Lease Real Property to Lyle Bothe in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.) Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Lyle Bothe for a perio d of two (2) years, commencing January 1, 2021 and ending December 31, 2022; and Whereas, the Bidder may have the option to renew this Lease for two additional one - year terms for 2023 and 2024; and Whereas, this lease pertains to the following described property: the designated hay land, eighteen (18) acres more or less, in Section 11-T109N-R50W in the City of Brookings, Brookings County, South Dakota. Whereas, the Lease will be an amount of Fifty-two Dollars and Fifty Cents ($52.50) per acre for hay land, payable the first half on July 1st of each year and the second half payable on November 1st of ear year. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2020 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 20-107. A public hearing was held on Resolution 20 -107, a Resolution of Intent to Lease Real Property to Lyle Bothe in the W iese and Freeland Additions. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Resolution 20-107 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne; Absent: 1 – Collins. Resolution 20-107 - Resolution of Intent to Lease Real Property to Lyle Bothe in the Wiese and Freeland Additions Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with Lyle Bothe for a period of one year, commencing on January 1, 2021 and ending December 31, 2021; and Whereas, the Bidder may have the option to renew this Lease for one additional year for 2022; and Whereas, this lease pertains to the following described property: the designated crop land of thirty (30) acres more or less in the Wiese Addition and the designated crop land o ten (10) acres more or less in the Freeland Addition in the City of Brookings, Brookings County, South Dakota. Whereas, the Lease will be an amount of One Hundred Seventy Dollars ($170.00) per acre for crop land annually, payable first half on April 1 and the remaining half on November 1; and Whereas, the City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on December 8, 2020 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Legal Services Agreement. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a one-year contract (01/01/2021 - 12/31/2021), be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne ; Absent: 1 – Collins. Legal Services Agreement THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one (1) year period, commencing January 1, 2021 and ending December 31, 2021, unless extended by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Brit zman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Ste ven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and t he client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2021 through December 31, 2021 of eight thousand two hundred fifty-eight and 81/100 ($8,258.81) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. 7. Procedure for Appointment of Assistant City Attorney In the event it is determined by the parties that an Assistant City Attorney be appointed, the selection of the Assistant City Attorney shall be by appointment by the City Council upon recommendation of the City Manager and City Attorney. The term of office of an Assistant City Attorney shall coincide with the City Attorney’s term of office and the terms of the appointment and scope of services shall be set forth in an Amendment to this Legal Services Agreement. The compensation for an Assistant City Attorney shall be paid solely by the City Attorney. SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS The City Attorney shall perform the following services: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report to the City Manager of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost- effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Manager or City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the City Council and public. Executive Session. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to enter into Executive Session at 6:52 p.m., for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Council, City Manager, City Attorney, City Clerk, Steve Meyer, Brookings Municipal Utilities Executive Vice- President and General Manager, and Eric Witt, Brookings Municipal Utilities Water/Waste-Water/Engineering Manager present. And 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; with only the City Council present. The motion carried by a unanimous vote. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, to exit Executive Session at 7:52 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Tilton Byrne, that this meeting be adjourned at 7:53 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ 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 #:RES 20-110,Version:1 Action on Resolution 20-110, a Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals. Summary: The City of Brookings enters into an agreement for animal care and disposition for impounded animals with the Brookings Humane Society. The City budgets $40,000 for services provided by the Brookings Humane Society annually. City staff collaborated with representatives of the Humane Society to update the funding formula to align actual performance with expectations. Resolution 20- 110 amends the 2020 agreement to reflect the updated funding formula and adopts the 2021 agreement with the same language. Background: Starting with the 2020 budget process, the City changed the relationship with the Humane Society from being considered as part of the outside agency funding process to a contract for services. As a result, the City drafted the first agreement for services with the Brookings Humane Society for 2020. After having the better part of a year to monitor the performance of the agreement, City staff and Humane Society representatives collaborated on changes to the funding formula to align actual performance with expectations. The agreement maintains a $40,000 maximum value, which aligns with the amount adopted as part of the 2020 and 2021 budget processes. Fiscal Impact: Funding provided to the Brookings Humane Society will not exceed the maximum agreement value of $40,000, which aligns with the adopted budget allocation as part of the 2020 and 2021 budget processes. Recommendation: Staff recommends approval of the resolution as presented. Attachments: Resolution 2020 Original Agreement Agreement - Marked 2020 Amended Agreement 2021 Agreement City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ Resolution 20-110 A Resolution Approving Agreements with the Brookings Regional Humane Society for the Care and Disposition of Impounded Animals Whereas, the City of Brookings has previously entered into an Agreement with the Brookings Regional Humane Society for the care and disposition of Impounded Animals, and Whereas, the City of Brookings and Brookings Regional Humane Society have agreed to minor changes to the current Agreement for the Care and Disposition of Impounded Animals, which amendment would be effective for the remainder of 2020, and Whereas, the City of Brookings and Brookings Regional Humane Society have also agreed to the terms of an Agreement for the Care and Disposition of Impounded Animals, which Agreement would be effective for the calendar year 2021, and Whereas, this Resolution is intended to authorize the City to enter into both the Amended Agreement as described herein for the remainder of 2020 and the above - described Agreement with the Brookings Regional Humane Society for the year 2021; Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota that the Amended Agreement for 2020 and the Agreement for Care and Disposition of Impounded Animals for the year 2021 with the Brookings Regional Humane Society are hereby approved and the City Manager and City Clerk are authorized to execute these Agreements. Passed and approved on the 15th day of December, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Agreement for Care and Disposition of Impounded Animals This Agreement is entered into this day of j, 2019,by and between the City of Brookings, a South Dakota municipal corporation,Brookings, South Dakota 57006 (the City"), and the Brookings Regional Humane Society(the "Contractor"). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer(also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor's shelter facilities. 4. Provide proper food, water,housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals, court holds or other animals shall be placed in the City's shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide monthly financial reports to the City(as required)regarding shelter activities. 11. Provide monthly reports of specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. 1 B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag,the Contractor shall notify the owner, if possible and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five(5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contracting shelter manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of(euthanize)the animal in accordance with Section 1.B.7 of this Agreement. 2. Strav and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor's shelter manager. Should an animal not be received by the Contractor it shall be the City's responsibility to dispose of(euthanize)the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other pomesticated Animals. These animals do not have a specific holding period, but may be disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redem tpion. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes,but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal 0uarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City's shelter may be used for a temporary or short term hold until such time as anangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association Guidelines which will not subject the animal to any unnecessary pain and/or suffering. 2 C. Shelter Hours of O erpation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours and publish/advertise such times except major holidays); 12:00 p.m. —6:00 p.m. Monday through Friday 11:00 a.m. —4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events(e.g.,Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours,they will have access to the shelter to provide this service. Should Animal Controi request Contractor's staff to come to the shelter and release an impounded animal during hours the shelter is not open, a$50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City's Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday-Friday(telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday(telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right(through properly authorized representatives)to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals(including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. 3 F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve(12)months, commencing on January 1, 2020 and shall be in effect through December 31, 2020. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5,Paragraph B. The Contractor will make an annual financial request by June 1,not as an outside agency,but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor,the City agrees to pay the Contractor on a per-animal,per-service basis. The following fee schedule shall be followed: 15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration,paperwork, and precautionary medical. 10 payment per day, for up to five (5)days, for a maximum payment of$50, for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on the number of nights held in impound prior to euthanization or redemption. 50 payment for each cat ($100 for a litter) surrendered by City or from an owner to Contractor. These animals become property of Contractor at time of surrender. Litters (cats) shall receive special financial consideration. A litter consists of an adult female with her dependent offspring. Impound fees shall be paid for each animal: however, only a single daily boarding rate will be paid for housing the litter. A litter transfer fee of$50 will be paid for the entire litter. For example, a litter of 7 plus mother for five (5)days would pay($15 per animal *8 total animals)+ ($10 per day *5 total days of boarding)+($50 one-time transfer fee) for a total of$220. 75%of all fees collected on behalf of the City at the Contractor's shelter including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid. Contractor will make payment to the City in two installments in the months of June and December. 4 An itemized list of the above financial services shall be calculated and agreed upon weekly by the Contractor and Chief of Police or his/her designee. The City will pay the Contractor a maximum of$40,000 for the year 2020. The Contractor and the City shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered for the quarter and shall bill the City by the fifth(5`t') day of the month following the quarter, with payment due by the thirtieth(30th) day of that month. B. Veterinarv and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified,the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s)responsible under this Agreement whose duty it is to assure compliance with this Ageement. B. Confidentialitv. The Contractor agrees,to the extent permitted by law,to keep all information it receives concerning the names, addresses and telephone numbers of complainants,witnesses and license holders confidential. The Contractor shall,to the greatest extent possible,protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s)unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooueration. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal controUshelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures 5 may, from time to time,be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement Section 5 Default,Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement,the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15)days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. 'This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party,however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Ternunation. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty(60)days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties,the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other 6 appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire A reement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severabilitv. In the event any portion of this Agreement should become invalid,the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the tertns of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have duly read,understand and do freely and voluntarily execute this Agreement on the day and year first above written. ul Briseno ity Manager EST: cos. v h 01';' y • a; o:• e' . oster 31 o.•'p h iv.+'lerk 0 3`d Street, Suite 230 Brookings, SD 57006 Beth Reams Board President 120 W. Second Street South Brookings, SD 57006 7 1 Agreement for Care and Disposition of Impounded Animals _____________________ This Agreement is entered into this ____ day of _________, 2020, by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats and dogs received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. or Other animals shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City (as required) regarding shelter activities. 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 2 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s Contracting shelter manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association Guidelines which will not subject the animal to any unnecessary pain and/or suffering. 3 C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: (except major holidays); 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. 4 Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve (12) months, commencing on January 1, 2021 and shall be in effect through December 31, 2021. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5, Paragraph B. The Contractor will make an annual financial request by June 1, not as an outside agency, but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed:  $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical.  $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering being held in impound prior to surrender or euthanization.  Owners reclaiming animals must will pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor in lieu of the City.  $50 payment for each animal surrendered by the City or surrendered by from an owner to Contractor. These animals become property of Contractor at time of surrender.  75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid.  An itemized financial report list of the services provided and the fee calculations above financial services shall be calculated and agreed upon at least quarterly weekly by the Contractor and Chief of Police or his/her designee.  The City will pay the Contractor a maximum of $40,000 for the year 2020. The Contractor and the City shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered for the quarter and shall bill the City by July 31st and December 31st the thirtieth (30th) day of the month following the half year mark, with payment due by the thirtieth (30th) day of the following month. 5 B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement 6 Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provi ded in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating 7 to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have duly read, understand and do freely and voluntarily execute this Agreement on the day and year first above written. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 1 Amended Agreement for Care and Disposition of Impounded Animals (2020) _____________________ This Amended Agreement is entered into by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). This Agreement amends the terms of the current Agreement for Care and Disposition of Impounded Animals between the parties and is effective for the remainder of 2020. In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats and dogs received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. Other animals, such as aggressive or non-domesticated animals, shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City regarding shelter activities. 2 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association 3 Guidelines which will not subject the animal to any unnecessary pain and/or suffering. C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. 4 F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Amended Agreement shall commence upon execution by both parties and shall be in effect through December 31, 2020. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed:  $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical.  $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering prior to surrender or euthanization.  Owners reclaiming animals must pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor.  $50 payment for each animal surrendered by the City or surrendered by an owner to Contractor. These animals become property of Contractor at time of surrender.  75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid.  An itemized financial report of the services provided and the fee calculations shall be calculated and agreed upon at least quarterly by the Contractor and Chief of Police or his/her designee.  The City will pay the Contractor a maximum of $40,000 for the year 2020. The Contractor and the City’s Community Service Officer shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered at least twice each year and the City will pay Contractor twice per year on or by July 31st and by December 31st. B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related 5 medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare 6 default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the 7 successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have read, understand and do freely and voluntarily execute this Amended Agreement on the day and year written below. Dated this ____ day of December, 2020. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 Dated this ____ day of December, 2020. ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 1 Agreement for Care and Disposition of Impounded Animals (2021) _____________________ This Agreement is entered into by and between the City of Brookings, a South Dakota municipal corporation, Brookings, South Dakota 57006 (the "City"), and the Brookings Regional Humane Society (the "Contractor''). In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: Section 1 Contractor Services A. Shelter services. The Contractor agrees to provide the following animal shelter services: 1. Act as the municipal animal shelter by furnishing and maintaining shelter facilities for the handling of cats and dogs received from the City, whether stray, impounded or otherwise, which are turned over to the Contractor by the City Animal Control Officer (also referred to herein as Community Service Officer) and/or by City Law Enforcement Officers. 2. Provide sufficient kennel space to meet animal control needs. It is understood that feral cats will not be transferred to the shelter facility unless they show signs of domestication and safe handling at the Animal Control Shelter. Additionally, any animal that requires extended holds for legal or other reasons will be held at the Animal Control Shelter unless a mutual agreement between Animal Control and Contractor is made. 3. Provide the Community Service Officer and/or City Law Enforcement Officer with 24-hour access to Contractor’s shelter facilities. 4. Provide proper food, water, housing and humane care for all animals under its control pursuant to this Agreement. 5. If the Animal Control Officer deems it necessary, the Contractor will shelter animals with extended holds for quarantine, viciously declared animals and court holds. Other animals, such as aggressive or non-domesticated animals, shall be placed in the City’s shelter facility. 6. Provide sufficient, competent and trained personnel to perform the obligations set forth in this agreement during regular business hours. 7. Answer phone calls from the public concerning impounded animals and give instructions pertaining to the animal's release. 8. Be available for consultation concerning animal health or endangerment issues. 9. Verify payment of impound fees and fines to City annually to receive contractual payment. 10. Provide quarterly financial reports to the City regarding shelter activities. 11. Provide quarterly reports of the specific disposition of animals impounded at the Brookings Humane Society shelter through an automated process. 2 12. Comply with all applicable federal, state and local laws, rules and regulations pertaining to animal shelters and animals. B. Shelter Procedures. The Contractor agrees to adhere to the following shelter procedures: 1. Stray and Licensed Cats. If the owner of the animal is known or can be reasonably ascertained by an expired or current city license or rabies tag, the Contractor shall notify the owner, if possible, and preferably by telephone, informing the owner that the animal will be held at the Brookings Humane Society shelter for a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of these animals is as per Section 14-185 of the City of Brookings Code of Ordinances, and at the discretion of the Community Service Officer in consultation with the Contractor’s manager. Should an animal not be received by the Contractor, it shall be the City's responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 2. Stray and Unlicensed Cats. If the owner cannot be reasonably identified, the animal shall be held a minimum of five (5) full business days following impoundment. After the expiration of this period, the disposition of an animal is at the discretion of the Community Service Officer in consultation with the Contractor’s shelter manager. Should an animal not be received by the Contractor it shall be the City’s responsibility to dispose of (euthanize) the animal in accordance with Section 1.B.7 of this Agreement. 3. Injured and/or Diseased Animals. Injured and/or diseased animals will be addressed per Section 14-46 of the City of Brookings Code of Ordinances. 4. Other Domesticated Animals. These animals do not have a specific holding period, but may be disposed of at any time at the discretion of the Contractor and/or Community Service Officer except as provided by applicable federal, state and local laws and regulations. Wild animals will not be sheltered by the Contractor. 5. Animal Redemption. Impounded animals shall be released to owners or custodians only upon satisfactory proof of ownership and payment of all applicable fees. Proof of ownership includes, but is not limited to, any government-issued license/tag or evidence of rabies vaccination. Current licenses and vaccinations will be required for impounded animals to be released. a. The city will make available a Community Service or other officer during the redemption process if it is perceived that a potential or actual confrontation may occur with the owner who is or will be redeeming the animal. In this case, the Contractor will place a call to have the officer come to the shelter. 6. Animal Quarantine. Extended holds for quarantine or court holds will be placed with the understanding that the City’s shelter may be used for a temporary or short term hold until such time as arrangements can be made for a long-term hold if a long-term hold is deemed necessary. 7. Animal Destruction and Disposal. The destruction and disposal of animals shall be performed in a manner approved by the American Veterinary Medical Association Guidelines which will not subject the animal to any unnecessary pain and/or suffering. 3 C. Shelter Hours of Operation. The Contractor agrees to keep the shelter facilities open to the public during the following regular working hours (except major holidays) and publish/advertise such times as follows: 12:00 p.m. – 6:00 p.m. Monday through Friday 11:00 a.m. – 4:00 p.m. Saturday Closed Sunday Contractor reserves the right to close the shelter due to weather, special circumstances and major fund-raising events (e.g., Paws for Wine Event). Contractor shall provide public notification of closure as appropriate. Contractor will provide City Animal Control personnel with a key to the shelter. This will allow Animal Control to deliver animals to the shelter during hours the shelter is closed. Should Animal Control wish to allow retrieval of impounded animals outside normal hours, they will have access to the shelter to provide this service. Should Animal Control request Contractor’s staff to come to the shelter and release an impounded animal during hours the shelter is not open, a $50 convenience fee will be payable to cover these additional costs for staff. The Contractor agrees to be available by telephone appointment to arrange pick up of Animal Control impounded animals during the following hours (except major holidays); The City’s Animal Control Officer will be available to assist when necessary. 7:00 a.m. - 12:00 p.m. Monday - Friday (telephone appointment only) 7:00 a.m. - 11:00 a.m. Saturday (telephone appointment only) Major holidays include New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Thursday and Friday, Christmas Eve and Christmas. The Contractor agrees to make available, at all times and on all days of the year, a specific area in the shelter for the purpose of immediately depositing animals brought in by the City Animal Control Officer or City Law Enforcement Officers. Bowls and water will be available for the animal being deposited. D. Shelter Facilities. The Contractor agrees to maintain the shelter facilities on a daily basis in a neat, clean and sanitary condition and in compliance with the standards set by the nationally recognized humane organizations and with all applicable laws, rules and regulations. The City shall have the right (through properly authorized representatives) to enter upon and inspect the facilities at any time during regular working hours without prior notice. E. Disposition Records. The Contractor agrees to keep accurate and complete records of all animals received by it pursuant to this Agreement showing the date, place, reason and manner in which the animals were delivered to the shelter together with the disposition of the animals (including animals returned to owners). A summary of the above information shall be provided to the City on a monthly basis. F. Insurance. The Contractor shall indemnify and hold the City harmless in all respects from any and all claims arising out of the performance of this Agreement. 4 Section 2 Public Service/Length of Agreement A. Public Service. The City expressly recognizes the control, housing and sheltering of animals within the City are necessary for the immediate and long-term preservation of the public health, safety and welfare of the City. The City and the Contractor recognize, therefore, that the services which the Contractor provides under the terms of this Agreement constitute and fulfill a public service. B. Term. This Agreement shall be for a period of twelve (12) months, commencing on January 1, 2021 and shall be in effect through December 31, 2021. It shall automatically renew each year unless amended or terminated earlier by either party pursuant to Section 5, Paragraph B. The Contractor will make an annual financial request by June 1, not as an outside agency, but as a public service provider, with budgeting to be within the Animal Control budget. Section 3 Compensation A. Per Animal per Service Payments. In consideration for the performance of services by the Contractor, the City agrees to pay the Contractor on a per-animal, per-service basis. The following fee schedule shall be followed:  $15 payment for each animal impounded by the City and sheltered with Contractor. Costs shall include administration, paperwork, and precautionary medical.  $50 lump sum payment for up to five (5) days of boarding for each animal impounded by the City and boarded overnight by the Contractor. Costs are based on up to five (5) nights of sheltering prior to surrender or euthanization.  Owners reclaiming animals must pay Shelter Fees upon redemption and upon the Owner doing so, the City will not be obligated to pay the Shelter Fee to Contractor.  $50 payment for each animal surrendered by the City or surrendered by an owner to Contractor. These animals become property of Contractor at time of surrender.  75% of all City fees collected, including At Large Fines, Shelter Fees, City Licenses Sold, and Tickets Paid.  An itemized financial report of the services provided and the fee calculations shall be calculated and agreed upon at least quarterly by the Contractor and Chief of Police or his/her designee.  The City will pay the Contractor a maximum of $40,000 for the year 2021. The Contractor and the City’s Community Service Officer shall determine the number of animals impounded, nights boarded, animals euthanized and surrendered at least twice each year and the City will pay Contractor twice per year on or by July 31st and by December 31st. B. Veterinary and Related Medical Care. The Contractor agrees to provide low maintenance level veterinary and related medical care to those sick or injured animals brought to the 5 shelter facilities and to those which become sick during impoundment. If an animal is redeemed by its owner, such owner shall be responsible for all veterinary and related medical costs. If no owner can be identified, the City agrees to be responsible for the costs of the low maintenance level veterinary and related medical care for animals under City impound with the prior approval of the Animal Control Officer or the Chief of Police or designee. Section 4 Additional Obligations A. Liaison Officer. The Brookings Regional Humane Society Board President or designee shall act as the Contractor's liaison officer with the City. The City Manager of the City of Brookings or designee shall act as liaison officer of the City with the Contractor and shall be responsible for the administration and enforcement of this agreement. All reports, recommendations and all other correspondence shall be directed to the appropriate person(s) responsible under this Agreement whose duty it is to assure compliance with this Agreement. B. Confidentiality. The Contractor agrees, to the extent permitted by law, to keep all information it receives concerning the names, addresses and telephone numbers of complainants, witnesses and license holders confidential. The Contractor shall, to the greatest extent possible, protect an individual's right to privacy and shall neither circulate nor permit to be circulated this information for any purpose(s) unrelated to the scope of this agreement. The Contractor shall have the right, however, to release that information which may be necessary for the location of the animal's owner or for the acquisition of consent for veterinary and related medical treatment. C. Mutual Cooperation. The City agrees to provide all reasonable cooperation and assistance to the Contractor, its officers, agents and employees in order to facilitate and accomplish the mutual objectives of this Agreement. All animal control/shelter forms shall be issued in the name of the City and supplied by the City to the Contractor at the City's expense. The City shall use such items only in strict confidence with the instructions and limitations set by the Contractor. The City agrees to comply with all of the Contractor's reasonable and necessary official written procedures such as the provision of the cage number, the identification of a rabies tag number, the breed, description and sex of the impounded animals. The City and the Contractor acknowledge that these procedures may, from time to time, be amended. The City shall provide the proper training of their employees performing these duties. D. Conflict of Interest. No officer or employee of the City having the power, authority or duty to perform an official act or action related to this Agreement shall acquire any interest in this Agreement, and no officer or employee of the City shall solicit, accept or grant a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. 6 Section 5 Default, Termination, and Remedies A. Default. 1. Procedure for Default. In the event that either party fails to perform its obligations under this agreement, the aggrieved party shall provide (in order to declare default) a written notice to the other party specifying the default. Notice shall be given in the manner provided in Section 6, Paragraph D. This Paragraph shall not, however, apply to default by nonpayment on the part of the City, the procedures and remedies for which are outlined in Section 5, Paragraph B2. The party in default shall have fifteen (15) days from the date of receipt of the notice to remedy the default. If the default has not been cured within this period, the aggrieved party shall have the right to terminate this Agreement by providing a written Notice of Termination to the other party. Termination of this Agreement shall be accomplished by and effective upon the receipt of a Notice of Termination. This Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Waiver or Extension. The aggrieved party, however, shall have the right to either waive the default or to extend the time within which to cure the default. The waiver or extension must be in writing and signed by an authorized representative of the aggrieved party in order to be binding upon the aggrieved party. A waiver or extension for one default shall not act as a waiver or extension for subsequent defaults. B. Termination. 1. General. This Agreement may be terminated due to the default of one of the parties or may be terminated by the mutual consent of the parties. Consent must be in writing and signed by an authorized representative of each party in order to be valid. This Agreement may also be terminated without cause by either party upon sixty (60) days written notice to the other party. Notice shall be provided in the manner specified in Section 6, Paragraph D. 2. Termination-Default-Remedies. In the event of termination due to the default of one of the parties, the aggrieved party shall also have the right, in addition to the right of termination, to assert and maintain any and all claims and/or actions for damages or other appropriate remedies. The aggrieved party may also elect not to terminate this Agreement or may elect to maintain an action for damages or other appropriate remedies for default. Either party may, at any time, maintain an action either to construe or enforce this Agreement. Section 6 Miscellaneous Provisions A. Entire Agreement/Modification. This Agreement constitutes the entire agreement of the parties concerning the subject matter described herein. All prior contemporaneous negotiations and understandings between the parties are embodied in this Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating 7 to the subject of this Agreement. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. B. Severability. In the event any portion of this Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. C. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. This Agreement shall be binding upon the successors in interest of the respective parties. This Agreement may be assigned only with the express written consent of the non-assigning party. D. Notice. Any notice required under the terms of this Agreement shall be deemed delivered and received when delivered in person or when mailed by certified mail to the parties at the addresses set forth in this Agreement. IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have read, understand and do freely and voluntarily execute this Agreement on the day and year written below. Dated this ____ day of December, 2020. _____________________ Paul Briseno City Manager ATTEST: ____________________ Bonnie Foster City Clerk 520 3rd Street, Suite 230 Brookings, SD 57006 Dated this ____ day of December, 2020. ____________________ Ashley Biggar Board President 120 W. Second Street South Brookings, SD 57006 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 20-0527,Version:1 Action on appointment to the Brookings Committee for People who have Disabilities. Summary: Mayor Keith Corbett has submitted the following appointment recommendation for City Council advice and consent: Brookings Committee for People who have Disabilities Positions:1 (SDSU Liaison) Term Length:*filling unexpired term (term expires 1/1/2023) Residency Requirement:not required Purpose: The Brookings Committee for People who have Disabilities strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community- based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights Legislation. Mayor’s Recommendation: 1.Appoint Kendra Eichten, SDSU ADA Coordinator Recommendation: Staff recommends approval. City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ 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 20-0526,Version:1 Introduction of new and/or promoted City of Brookings employees. The following City of Brookings employee will be introduced to the City Council and public: ·Bill Heldt - Brookings Municipal Liquor Store Manager. o Bill has over 18 years of experience in the retail business in diverse roles including store management; in addition, he has been working for over a year as a part time employee at the BMLS in his spare time. His most recent positon was as the Transportation Director for the Brookings High School for the last 6 years . Bill grew up in Aurora, SD, and attended the Brookings School District. Bill’s first day was December 7th. City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ 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 20-029,Version:2 Second Reading on Ordinance 20-029, an Emergency Ordinance Amending Emergency Ordinance 20-028 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. Summary: The current ordinance is set to expire at the end of December. 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. Brookings is in substantial spread with all triggers met to some degree. Staff recommends renewal of the existing ordinance. Background: On September 8th City Council approved an amendment that mandated face coverings where social distancing could not be achieved for indoor businesses and public places. On October 27th City Council renewed the existing 20-028 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. Fiscal Impact: None. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Summary of COVID Triggers City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: December 8, 2020 / December 15, 2020 Subject: Ordinance Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: The current ordinance is set to expire at the end of December. 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. Brookings is in substantial spread with all triggers met to some degree. Staff recommends renewal of the existing ordinance. Background: On September 8th City Council approved an ordinance mandating face coverings where social distancing could not be achieved for indoor businesses and public places. On October 27th City Council renewed the existing 20-028 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. Discussion: A renewal of the occupancy 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: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a Study Session 4. Deny 5. Do nothing Staff recommends approval of the ordinance extension and any additional amendments. Supporting Documentation: Memo Ordinance - clean Ordinance - marked Summary of COVID Triggers Ordinance 20-029 An Emergency Ordinance Amending Emergency Ordinance 20-028 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 of 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 and scientific associations and physicians suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-028 is intended to slow the rise of positive cases of COVID-19 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 and CDC 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 threaten or 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 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 20-028 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20- 028. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen and remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) 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. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) 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. u) 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. v) Masks are 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. w) Masks are required 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. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or o ther 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, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. 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 South Dakota Governor's Executive Orders. 5. 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. 6. Businesses can request 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. 7. 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. 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 or ordinance of the City Council. 11. 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. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 20-028 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. 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. First Reading: December 8, 2020 Second Reading: December 15, 2020 Published: December 18, 2020 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 20-029 An Emergency Ordinance Amending Emergency Ordinance 20-028 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 of 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 and physicians suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-028 20-010, as amended, is intended to slow the rise of positive cases of COVID-19 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 and CDC 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 threaten or 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 20-028 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 occupancy, social distancing and face covering restrictions should be continued given the community spread increasing numbers of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend adopt, in comprehensive form, the emergency measures and restrictions set forth in Emergency Ordinance 20-028 20-010, as previously amended. Now Therefore, Be It Ordained by the City Council of Brookings as follows that: 1. Any businesses identified in Ordinance 20-005 may reopen and remain open to serve patrons on-site pursuant to the conditions established in this ordinance 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 masks which covers the employee's nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. I) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must 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 are 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. y) Masks are required 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. z) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 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, including preschools, social halls and chapels within church facilities, 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 South Dakota 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 6 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, including restrictions of on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are 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, and 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. f. Educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day (November 3, 2020) polling places, as well as all locations for processing absentee ballots and counting ballots on November 3, 2020. All polling places for absentee and Election Day voting shall remain open at all times. 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 or ordinance 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 20-028 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. First Reading: December 8, 2020 Second Reading: December 15, 2020 Published: December 18, 2020 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk For week ending December 4, 2020 Summary of Brookings COVID-19 Public Health Thresholds Week Ending 12/4/2020 1. Is the epidemic controlled? Yes. Although Rt has been less than 1.0 for the last 14 days, it is close to 1.0. The closer Rt is to 0 the sooner transmission control will be attained. Statewide, the rates are high but not increasing. 2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures? Based on current census, Brookings Health System feels they can handle the lowest of the anticipated numbers (n = 8). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 28). 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, 2-4 times more testing is needed for Brookings County and about 5 times more testing is needed for South Dakota. b. Suppression Level: No, test positivity is 16%-47%, which is above the 3% test positivity needed for suppression. c. Approximate time to receive test results: 1-3 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 not exceeded 1.0 for the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days ending on 12/4/20. Rt for the most recent 14 days (based on data from the prior week): Based on Data for Week Ending: Brookings South Dakota 11/21 0.75 0.86 11/22 0.72 0.81 11/23 0.69 0.80 11/24 0.72 0.80 11/25 0.68 0.80 11/26 0.72 0.82 11/27 0.74 0.81 11/28 0.79 0.80 11/29 0.79 0.81 11/30 0.84 0.81 12/1 0.83 0.76 12/2 0.87 0.78 12/3 0.88 0.81 12/4 0.87 0.83 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. |---------Sept----------|------------Oct ------------|----------Nov --------- |- For week ending December 4, 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 9 (11) 8 (10) Anticipated admissions based on active cases 23 (28) 22 (26) As of 12/4/20, new cases in past seven days = 164 and active cases = 419. SD overall hospitalization rate = 5.6% (12/4/20). Age specific hospitalization rates as of 12/4/20 and age distribution of Brookings cases 11/23-12/2/20 (see daily data report for numbers). 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 handle the lowest of the anticipated numbers (n = 8). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 28). 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 11/30/20: * Brookings 164 1,640 1,804 858 16% South Dakota Department of Health Dashboard as of 12/4/20: ** Brookings 164 1,640 1,804 400 41% South Dakota 6,118 61,180 67,298 13,028 47% * Brookings Health System 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. South Dakota data based on number of residents tested. Approximate time to receive test results as of 12/4/20 (Brookings): 1-3 days For week ending December 4, 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 super-spreader 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 (downloaded 7/15/20) 2 https://academic.oup.com/aje/article/178/9/1505/89262 For week ending December 4, 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 December 4, 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 (downloaded 7/15/20) For week ending December 4, 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. 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 20-025,Version:1 Introduction and First Reading of Ordinance 20-025, an Ordinance rezoning 22 acres from a Residence R1-B single family district to R-3 apartment district (generally located south of 20th St. So. and West of Valley View Addition). Public Hearing: January 12, 2021. Summary: Blairhill Properties, Inc. has submitted a petition to rezone 22 acres of land from R1-B to R-3. The rezoning request is related to and a prerequisite for the preliminary plat of River Run Addition which was applied for simultaneously. Background: The applicant is requesting a rezone for 22 acres of land generally located south of W 20th Street So. and west of Valley View Addition. The parcel is currently zoned R-1B Single-family district. The applicant is requesting an R-3 apartment district. The applicant wishes to submit a preliminary plat for 85 single-family lots, some with lot sizes smaller than the minimum lot area of 10,000 sq. ft. required for an R-1B. Additionally, multiple lots in their proposal call for zero setback, shared-wall, units. The minimum side yard for a two-family unit is R1-B is 8 feet. R-3 allows for 0 feet setback for 2 units with a shared common wall. The comprehensive plan calls for Medium Density Residential (MDR) land use in this location. The MDR land use designation allows for R1-B, R1-C, R1-D, R-2, and RMH. MDR also suggests a land use intensity of 4 - 12 units per acre. The proposed plat calls for 85 units on 22 acres, a land use intensity of 3.86 units per acre. Although the R-3 zoning district is not specifically called out in the allowable zones in the MDR land use category, this proposal would still match a similar land use intensity set forth by the comprehensive plan. Adjacent zoning includes R1-B and R-3 for Valley View Addition to the east, Joint-Jurisdiction Agriculture (JJ-A) to the south and southwest, and Agriculture (A) and JJ-A to the northwest. Recommendation: The planning commission voted 7-0 recommending approval of the rezoning request. The Development Review Team (DRT) and staff recommend approval of the rezoning request. Attachments: Memo Ordinance Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: December 15, 2020 Subject: Request to rezone 22 acres from R1-B to R-3 for River Run Addition. Person(s) Responsible: Mike Struck, Community Development Director Summary: Blairhill Properties, Inc. has submitted a petition to rezone 22 acres of land from R1 -B to R-3. The rezoning request is related to and a prerequisite for the preliminary plat of River Run Addition which was applied for simultaneously. Background: The applicant is requesting a rezone for 22 acres of land generally located south of W 20th Street So. and west of Valley View Addition. The parcel is currently zoned R-1B Single-family district. The applicant is requesting an R-3 apartment district. The applicant wishes to submit a preliminary plat for 85 single-family lots, some with lot sizes smaller than the minimum lot area of 10,000 sq. ft. required for an R -1B. Additionally, multiple lots in their proposal call for zero setback, shared-wall, units. The minimum side yard for a two-family unit is R1-B is 8 feet. R-3 allows for 0 feet setback for 2 units with a shared common wall. The comprehensive plan calls for Medium Density Residential (MDR) land use in this location. The MDR land use designation allows for R1-B, R1-C, R1-D, R-2, and RMH. MDR also suggests a land use intensity of 4 - 12 units per acre. The proposed plat calls for 85 units on 22 acres, a land use intensity of 3.86 units per acre. Although the R -3 zoning district is not specifically called out in the allowable zones in the MDR land use category, this proposal would still match a similar land use intensity set forth by the comprehensive plan. Adjacent zoning includes R1-B and R-3 for Valley View Addition to the east, Joint- Jurisdiction Agriculture (JJ-A) to the south and southwest, and Agriculture (A) and JJ-A to the northwest. Discussion The rezoning request closely meets the intent of the comprehensive plan. There is adjacent R-3 zoning for a subdivision with similar character to the east. The requested zoning is consistent with the MDR (Medium Density Residential) land use classification in the comprehensive plan. Legal Consideration: None Financial Consideration: None Strategic Plan Consideration: The proposed zoning is consistent with the comprehensive plan’s land use plan. The rezone is consistent with the 2018 – 2023 strategic plan, specifically supporting housing and amenity development initiatives needed for workforce sustainability and stability. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny 4. Move the item to a study session 5. Do nothing The planning commission voted 7-0 recommending approval of the rezoning request. The Development Review Team (DRT) and staff recommend approval of the rezoning request. Supporting Documentation: Memo Ordinance Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map Ordinance 20-025 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: West 755 feet of North ½ of Northeast ¼ in Section 3, Township 109 North, Range 50 West (Generally located South of W 20th Street South and West of Valley View Addition). In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 15, 2020 Second Reading and Adoption: January 12, 2021 Published: January 15, 2021 CITY OF BROOKINGS, SD ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Blairhill Properties, Inc. submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: West 755 feet of North ½ of Northeast ¼ in Section 3, Township 109 North, Range 50 West (Generally located South of W 20th Street South and west of Valley View Addition). The request is to rezone the above from Residence R-1B Single-Family District to Residence R-3 Apartment District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00 PM on Tuesday, January 12, 2021, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 31st day of December, 2020. Bonnie Foster City Clerk Planning Commission Brookings, South Dakota December 1, 2020 OFFICIAL MINUTES Acting Chairperson Eric Rasmussen called the meeting of the City Planning Commission to order on Tuesday December 1, 2020, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken – via telephone, Ashley Biggar, James Drew, Jason Meusburger, Jacob Mills, Lee Ann Pierce, and Rasmussen. Absent were Greg Fargen and Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer Jackie Lanning, Keith and Cathy Rounds, Brookings Area Habitat for Humanity- Dan McColley, Banner Associates – Justin Bucher, Resident from 2202 Rio Grand, Jeff Struwe, Janessa Retzer, and Jessica Koelln. Item #5a – Blairhill Properties Inc has submitted a petition to rezone the West 755 feet of the North ½ of Northeast ¼ in Section 3, Township 109 North, Range 50 West (Generally located South of W 20th Street South and west of Valley View Addition. aka: River Run Addition) The request is to rezone from Residence R-1B Single-Family District to Residence R-3 Apartment District. (Pierce/Mills) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. Official Summary Item #5a – The applicant is requesting a rezone for 22 acres of land from R-1B Single-family to R-3 Apartment District. This land is located south of W 20th Street S and west of Valley View Addition. The Comprehensive Plan does designate this area as a medium density residential development. A single family district is what is being proposed by the upcoming preliminary plat. This preliminary plat is for 85 single-family lots, some with lot sizes smaller than the minimum lot area of 10,000 sf for an R1-B zoning. The lots along the east side of the development will be single-family attached, zero foot side yard homes which are allowed in the R-3 zoning district. The intention for this development is to be single family. Struck ex plained that there are advantages to the lot area and setback requirements in the R-3 district to allow for the zero foot side yard homes. Keith Rounds, owner of Blairhill Properties Inc, explained that having this land rezoned to R-3 will allow them to best utilize this land and to allow them to build the twin homes. They have no desire and will not allow any apartments to be built on these lots. They developed Valley View with the intent of providing available housing and that is the plan with this development. Dan McColley, Executive Director of Brookings Area Habitat for Humanity, is in favor of this request. Developments like this are what Habitat needs for their program. This size of lots will allow for minimum income families to succeed with building their own home that will be affordable. Struck explained that City Staff has fielded several calls regarding this request. The notice that was published and mailed to surrounding property owners is a little deceiving as it states “R-3 Apartment District” which is the official name of that zoning district. Resident from 2202 Rio Grand is concerned about the timing of the notice that he received. Struck explained that the notice being mailed is a courtesy and not a requirement and staff followed publication requirements. Jeff Struwe – 2004 Rio Grand – explained that to the west of him is a creek that runs to Valley View. He is wondering about the drainage in the northeast corner. Rasmussen explained to him that part of the process during preliminary platting is a drainage study and that will be required. Justin Bucher with Banner Associates has been working on the development of this area. They are currently working on the drainage plan and it will be submitted to the City for approval. They have planned detention facilities to help with the drainage in this area. Pierce asked what this detention facility will look like. Bucher explained that it will be a pond with a berm around it. Water will leave through a culvert under 20th Street South. Janessa Retzer, 2020 Rio Grand explained that when they purchased their homes in Valley View that there wouldn’t be a development to the west of them because of the drainage ditch that was there. Valley View is very family oriented and she is wondering if this new development is going to have the same feel as Valley View. If the development is going to be different from their neighborhood, then maybe a fence could be put up to distinguish their neighborhood from this new one. She also stated that behind their house they have issues with water and flooding anytime it rains. Jessica Koelln, 2016 Rio Grande, explained that they purchased their house in Valley View because they wouldn’t have neighbors in their backyard to the west. There is a drainage ditch in their backyard that was supposed to prevent close neighbors. She is wondering if this new neighborhood will have covenant requirements. She too is concerned about the drainage and how this will work. She would like to see if some other verbiage could be used to prevent any apartments being built. Struck explained that the Residence R1-D district is similar but using this district will result in losing housing units. When this happens, then each lot then becomes more expensive. 11/19/2020 Future Land Use Map https://brookingscosd.maps.arcgis.com/home/webmap/print.html 1/1 Brookings County, Esri Canada, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA Future Land Use Map FLU map FLU_RDG Urban Reserve (UR) Low Density Residential (LDR) Medium Density Residential (MDR) High Density Residential (HDR) Manufactured Home Court (MHC) Urban Low Intensity (ULI) Urban Medium Intensity (UMI) Urban High Intensity (UHI) Urban Strategy Area Park (P) Open/Wetlands (O/W) Open/Floodplain (O/F) Public Facilities (PF) Civic (C) Business Park/Light Industry (BP) General Industry (GI) Downtown District 600ft 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 20-026,Version:1 Introduction and First Reading on Ordinance 20-026, an Ordinance to permit by Conditional Use a CNC Machine Shop in the Residence R1-C Single-Family District on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive. Public Hearing: January 12, 2021. Summary: A conditional use permit application has been submitted for the establishment of a major home occupation at 1420 Legeros Dr. The home occupation will consist of the operation of a CNC machine and 3-D printer within a single-family home. Background: Alexander Schafer, homeowner of 1420 Legeros Dr., has submitted a conditional use permit application for a major home occupation proposed within his home. The home and surrounding lots are located within a Residence R1-C single-family district. Major home occupations require a CUP within this zoning district. The intended use is the operation of a personal CNC machine and 3-D printer within the home for the homeowner’s business making custom maid-to-order parts and accessories. The operation is anticipated to use more than 500 sq. ft. but no more than 50% of the gross floor area of one story of the home. The amount of space utilized for the home occupation as well as the existence of mechanical equipment necessitates the requirement for major home occupation rather than a minor home occupation. The applicant does not anticipate noticeable on-site sales or traffic increases. Recommendation: The Planning Commission voted 7-0 recommending approval of the Conditional Use Permit. Staff recommended approval of the conditional use permit for major home occupation at 1420 Legeros Dr. Attachments: Memo Ordinance Notice Planning Commission Minutes Application Area Map Zoning Map City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: December 15, 2020 Subject: Conditional Use Permit application - Major Home Occupation Person(s) Responsible: Mike Struck, Community Development Director Summary: A conditional use permit application has been submitted for the establishment of a major home occupation at 1420 Legeros Dr. The home occupation will consist of the operation of a CNC machine and 3-D printer within a single-family home. Background: Alexander Schafer, homeowner of 1420 Legeros Dr., has submitted a conditional use permit application for a major home occupation proposed within his home. The home and surrounding lots are located within a Residence R1-C single-family district. Major home occupations require a CUP within this zoning district. The intended use is the operation of a personal CNC machine and 3-D printer within the home for the homeowner’s business making custom maid-to-order parts and accessories. The operation is anticipated to use more than 500 sq. ft. but no more than 50% of the gross floor area of one story of the home. The amount of space utilized for the home occupation as well as the existence of mechanical equipment necessitates the requirement for major home occupation rather than a minor home occupation. The applicant does not anticipate noticeable on-site sales or traffic increases. Discussion: The proposed use did not meet the requirements for a minor home occupation, therefore, a major home occupation is required. A major home occupation is allowed in the R1-C district as a conditional use. The proposed use meets the requirements for major home occupation and CUP. Legal Consideration: None Financial Consideration: None Strategic Plan Consideration: The proposed use would be an example of a small business start -up promoted in the strategic plan under fostering culture of innovation and entrepreneurship. An approved conditional use permit will allow an entrepreneur to start a business in their home with the hope that the business one day grows to a point of needing relocation into an industrial center in town. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Approve with conditions 3. Deny 4. Move the item to a study session 5. Do nothing The Planning Commission voted 7-0 recommending approval of the Conditional Use Permit request. Staff recommended approval of the CUP application. Supporting Documentation: Memo Ordinance Notice Planning Commission Minutes Application Area Map Zoning Map Ordinance 20-026 An Ordinance to permit by Conditional Use a CNC Machine Shop in the Residence R1-C Single-Family District on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive. Be It Ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved to operate a CNC machine shop on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive with the following conditions: None All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 15, 2020 Second Reading: January 12, 2021 Published: January 15, 2021 CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: ________________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON APPLICATION FOR CONDITIONAL USE PERMIT NOTICE IS HEREBY GIVEN that Alex Schafer has submitted an application for a Conditional Use Permit on the following described real estate in the City of Brookings: Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Dr. The request is to operate a CNC Machine Shop within a single-family home, which is a major home occupation, in the R-1C District. NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on January 12, 2021 in the Chambers Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 31st day of December, 2020. Bonnie Foster City Planner Planning Commission Brookings, South Dakota December 1, 2020 OFFICIAL MINUTES Acting Chairperson Eric Rasmussen called the meeting of the City Planning Commission to order on Tuesday December 1, 2020, at 5:30 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken – via telephone, Ashley Biggar, James Drew, Jason Meusburger, Jacob Mills, Lee Ann Pierce, and Rasmussen. Absent were Greg Fargen and Gregg Jorgenson. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer Jackie Lanning, Keith and Cathy Rounds, Brookings Area Habitat for Humanity- Dan McColley, Banner Associates – Justin Bucher, Resident from 2202 Rio Grand, Jeff Struwe, Janessa Retzer, and Jessica Koelln. Item #4a – Alex Schafer has submitted an application for a Conditional Use Permit on Lot 5, Block 3, Legeros 2nd Addition, also known as 1420 Legeros Drive. The request is to operate a CNC Machine Shop within a single-family home, which is a major home occupation in the R-1C District. (Meusburger/Drew) Motion to approve the Conditional Use Permit. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – Miller explained that the applicant would like to operate a CNC machine and 3-D printer within a single-family home. A conditional use permit is required to operate this major home occupation out of the residence. Due to the amount of square footage being occupied by this business and the machine that will be used, this does qualify as a major home occupation. 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 #:RES 20-108,Version:1 Action on Resolution 20-108, a Resolution Authorizing a Short-Term Loan from the General Fund to the Bob Shelden Capital Project Fund. Summary: The CFO has identified an opportunity to realize a savings utilizing existing cash for a short term with the Bob Shelden project. Action is required to authorize the short term financing through an Interfund Loan from the General Fund. This practice has been utilized in the past for other purposes and will save the City approximately $15,000 in interest expense. Background: The 2019A Sales Tax bond was primarily issued to fund the Larsen Ice Arena and the Bob Shelden upgrades. However, prior to its commitment expiration date of April 23rd 2021, this Bond bears interest at a variable interest rate for drawn down amounts. At the end of 2019, $3.7M was drawn to fund the Larsen Ice Arena upgrade project. Currently, the City’s General Fund has the liquidity to delay the timing of the draw down period until its contractual Commitment Expiration Date. In addition, current Money Market returns are considerably low (0.01%). Staff proposes to internally finance $3.03M to fund the Bob Shelden upgrade project’s expense with an internal loan until spring 2021 to provide a savings. The full bond will be maximized once the project is complete. At the end of the draw-down period, the proposed short term interfund loan will mature and the General Fund will be paid in full. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: December 15, 2020 Subject: General Fund Bob Shelden short term Interfund Loan Person(s) Responsible: Erick Rangel, Chief Financial Officer Summary: The CFO has identified an opportunity to realize a savings utilizing existing cash for a short term with the Bob Shelden project. Action is required to authorize the short term financing through an Interfund Loan from the General Fund. This practice has been utilized in the past for other purposes and will save the City approximately $15,000 in interest expense. Background: The 2019A Sales Tax bond was primarily issued to fund the Larsen Ice Arena and the Bob Shelden upgrades. However, prior to its commitment expiration date of April 23rd 2021, this Bond bears interest at a variable interest rate for drawn down amounts. At the end of 2019, $3.7M was drawn to fund the Larsen Ice Arena upgrade project. Currently, the City’s General Fund has the liquidity to delay the timing of the draw down period until its contractual Commitment Expiration Date. In addition, current Money Market returns are considerably low (0.01%). Staff proposes to internally finance $3.03M to fund the Bob Shelden upgrade project’s expense with an internal loan until spring 2021 to provide a savings. The full bond will be maximized once the project is complete. At the end of the draw-down period, the proposed short term interfund loan will mature and the General Fund will be paid in full. Item Details: The City recommends to finance this project in the short term internally with an interfund loan from the General Fund. The loan terms are below:  Principal $ 3,033,110.26  Interest 0.0%  Term Dec 15th 2020 - April 23rd 2021 (129 days) Legal Consideration: None Strategic Plan Consideration: The implementation of this short term loan assists in attiring the goals of maximizing the use of our resources (Financial Responsibility) Financial Consideration: The city’s CFO researched alternatives to save interest expense as it relates to the 2019A Sales Tax bond. The city’s CFO and Financial Advisor, determined this option to be the most advantageous short term funding mechanism that would still comply with the bond’s contractual obligations. The execution of this interfund loan will result in approximately $15,000 in interest savings for the City’s 2021 CIP Budget Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution Resolution 20-108 Resolution Authorizing a Short-Term Loan from the General Fund to the Bob Shelden Capital Project Fund Whereas, the Sales Tax Revenue Bond, Series 2019, is the funding source for the Bob Shelden Capital Project, and Whereas, the City has determined it can reduce its interest expense for the Bob Shelden Capital Project expenditures by utilizing unrestricted funds in the General Fund until April 23, 2021, when the variable interest rate of the 2019 Sales Tax Revenue Bond will be converted to a fixed rate; and Whereas, the City desires to finance the Bob Shelden Capital Project expenditures until the April 23, 2021 Commitment Expiration Date of the above-referenced Revenue Bond to reduce interest expense using a short-term interfund loan from the General Fund to the Bob Shelden Capital Projects’ Fund, and Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of the City Council, to loan unrestricted cash from one fund to another fund of the City, and Whereas, it is in the best interests of the City of Brookings to finance expenditures for the Bob Shelden Capital Project through a short-term loan from the General Fund, with the short-term loan repaid to the General Fund on April 23, 2021, Now, Therefore, Be It Resolved, that the City Manager is directed to execute a short- term Interfund Loan from the General Fund to the Bob Shelden Capital Project Fund, payable as follows: Principal $ 3,033,110.26 Interest 0.0% Term Dec. 15, 2020 - April 23, 2021 (129 days) Passed and approved on the 15th day of December, 2020. 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 #:RES 20-109,Version:1 Action on Resolution 20-109, a Resolution Transferring City Manager Contingency Funds to City Departments. Summary: Action on Resolution 20-109, a resolution authorizing a supplemental appropriations transfer of City Manager’s contingency funds in the amount of $63,500 to fund litigation, software licenses, and holiday employee recognition expenses. These are mostly unforeseen expenses at the time 2020’s Budget was approved. Background: The City Manager’s Contingency Account was allocated $125,949 when the 2020 Budget was passed. The main objective of this allocation is to fund items that result as a change in strategic direction, weather related, or additional initiatives not considered at the time the 2020 Budget was prepared and presented to City Council. Recommendation: Staff recommends approval. Attachments: Memo Resolution City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: December 15, 2020 Subject: Contingency Funds Transfer to 2020’s Budget Person(s) Responsible: Erick Rangel, Chief Financial Officer; Ashley Rentsch, Deputy Finance Manager Summary: Action on Resolution 20-109, a resolution authorizing a supplemental appropriations transfer of City Manager’s contingency funds in the amount of $63,500 to fund litigation, software licenses, and holiday employee recognition expenses. These are mostly unforeseen expenses at the time 2020’s Budget was approved. Background: The City Manager’s Contingency Account was allocated $125,949 when the 2020 Budget was passed. The main objective of this allocation is to fund items that result as a change in strategic direction, weather related, or additional initiatives not considered at the time the 2020 Budget was prepared and presented to City Council. Item Details: Staff recommends allocation of 2020 City Manager’s contingency funds to the following budget line items: 1. Litigation expense - $58,000 2. Software services - $2,500 3. Employee Recognition - $3,000 Legal Consideration: South Dakota Codified Law 9-21-6.1, Line Item for Contingencies – Maximum Amount – Transfer to Other Appropriations, provides for the transfer of contingency funds by resolution to account for items for which no appropriation was provided. Strategic Plan Consideration: Proposed transfer helps achieve the City’s mission of providing a high quality of life for its citizens. Financial Consideration: This transfer will not result in incremental 2020 budgeted expenses. It will transfer appropriations from the City Manager Contingency Account into the City Attorney, City Clerk, and Human Resources Departments. After this transfer, the City Manager’s Contingency Account will remain with a $57,855 available spending balance. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Resolution 20-109 A Resolution Transferring City Manager Contingency Funds to City Departments Whereas, the City of Brookings hereby transfers City Manager’s contingency funds to fund unplanned operational obligations of the municipality. This resolution is for the purpose of completing a transfer of contingency funds to the following accounts: 412 City Attorney 101-412-5-422-08 Litigation Expense $ 58,000.00 403 City Clerk 101-403-5-422-11 Software Services $ 2,500.00 405 Human Resources 101-405-5-856-45 Employee Recognition $ 3,000.00 Total Transfers $ 63,500.00 The Financing Source for this transfer is from the following account: 101-405-5-856-99 Contingency Fund $ 63,500.00 Total Source of Funding $ 63,500.00 Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Dated this 15th day of December, 2020. 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 #:RES 20-111,Version:1 Action on Resolution 20-111, a Resolution Authorizing Additional 2021 Non-Profit Outside Agency Funding. Summary: The City Council annually commits funds for non-profits. Not all 2020 outside agency funding was expensed. Due to the COVID-19 pandemic, additional funding response is needed to support the community. A recommendation is provided to increase 2021 non-profit funding by $41,000 from 2020 unspent funds. Background: Annually, the City Council commits a portion of the budget for outside agency funding. The 2021 budget contains $1.4 million for outside agencies. $225,486 of 2021 funds are committed to non- profits through the new United Way funding process. All social service requests for City funds were received through the United Way process. The 2021 City funding request for social service agencies is $295,000. Attached to this document are each agency’s request. The United Way committee is set to review applications in mid to late December. A rubric created through Council’s priorities will assist in providing a recommendation. Recommendation: Staff recommends approval. Attachments: Memo Resolution 2021 City Funding Requests City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™ City Council Work Session Memo From: Paul M. Briseno, City Manager Council Work Session: December 15, 2020 Subject: 2021 Additional Outside Agency Funding Person(s) Responsible: Paul M. Briseno, City Manager Summary: The City Council annually commits funds for non-profits. Not all 2020 outside agency funding was expensed. Due to the COVID-19 pandemic, additional funding response is needed to support the community. A recommendation is provided to increase 2021 non-profit funding by $41,000 from 2020 unspent funds. Background: Annually, the City Council commits a portion of the budget for outside agency funding. The 2021 budget contains $1.4 million for outside agencies. $225,486 of 2021 funds are committed to non-profits through the new United Way funding process. All social service requests for City funds were received through the United Way process. The 2021 City funding request for social service agencies is $295,000. Attached to this document are each agency’s request. The United Way committee is set to review applications in mid to late December. A rubric created through Council’s priorities will assist in providing a recommendation. Discussion: COVID funding from state and federal dollars allowed BATA to decrease the City’s 2020 contribution by $35,000. The Community Band did not hold any events in 2020 resulting in a $6,000 return of funding to the City. This results in an additional $41,000 of unspent 2020 committed non-profit funding. Locally, COVID-19 has impacted non-profits. Staff recommends redistributing $41,000 to the 2021 allocation. If approved, a budget amendment ordinance in January will solidify the funding. A resolution was created to commit the funds. The timely direction will allow United Way to make recommendation for the redistribution of these funds to Council. Legal Consideration: There are no legal considerations at this time. Strategic Plan Consideration: Providing funds for social service non-profits furthers the City’s mission by providing a high-quality of life for its citizens. The City’s governance and ends policy states that municipal subsidies of social service non-profits may be necessary to fulfill the commitment and achieve the desirable quality of life for its citizens. Financial Consideration: The governance and ends policy states Council may allocate up to four (4) percent of the annual General Fund expenditures to subsidize community needs and programs. The City’s current and projected financial health and stability will be the key deciding factor in determining its ability to provide funds to outside organizations. The 2021 funding meets the four (4) percent. Additional funds will over extend this policy. Due to COVID-19, there is an unprecedented need for additional funds. The full amount of non-profit funding was not expensed in 2020. This is truly a onetime revenue source and should not create an ongoing dependency o r expectation of continued level of support. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a study session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Resolution 2021 City Funding Requests Resolution 20-111 Resolution Authorizing Additional 2021 Non-Profit Outside Agency Funding Whereas, the City of Brookings approved 2020 non-profit outside agency funding; and Whereas, $41,000 was not spent due to COVID-19 circumstances; and Whereas, the City Council approved $225,486 for 2021 non-profit outside agency funding; and Whereas, the 2021 budget for outside agency funding is within the four (4) percent governance and ends policy; and Whereas, COVID-19 has created greater funding need throughout the Brookings non- profit community; and Whereas, Brookings residents are dependent of non-profit services now more than ever; and Now, Therefore, Be It Resolved: 1. The City Council will redistribute $41,000 of 2020 allocated non-profit funding to the 2021 non-profit need. 2. That the United Way will make recommendation to City Council for the 2021 distribution of $266,486. Dated this 15th day of December, 2020. CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 2021 Request Brookings Area Transit Authority (BATA)BATA /Operating and Capital Match Request - City Funding Request City Funding - Transportation $115,000 Brookings County Youth Mentoring Program BCYMP: City of Brookings Request City Funding - Youth Development $8,000 Boys & Girls Club of Brookings Boys & Girls Club of Brookings - City Funding Request City Funding - Youth Development $75,000 Brookings Area Crime Stoppers Brookings Area Crime Stoppers - For City Funding City Funding - Safety $2,000 Brookings Behavioral Health and Wellness Brookings Behavioral Health & Wellness - City Funding Request City Funding - Health $25,000 Brookings Back Pack Project Brookings Backpack Project for City Funding City Funding - Health $25,000 Brookings Empowerment Project City Funding for Brookings Empowerment Program City Funding - Health $4,000 East Central CASA East-Central CASA Program (for City Funding) City Funding - Health $5,000 Brookings Area Habitat for Humanity Home Build - City Funds City Funding - Affordable Housing $30,000 HELPLINE CENTER INC Mental Health Resource Guide - City Funding Request City Funding - Health $1,000 Brookings Activity Center Utilities Assistance - City Funding Request City Funding - Partnerships $5,000 $295,000 Domestic Abuse Shelter $0 Total City Requested Funds $295,000 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 20-0531,Version:1 Action on City Manager Compensation Package. Summary: The City Council will take action on City Manager Paul Briseno’s compensation package. City of Brookings Printed on 12/10/2020Page 1 of 1 powered by Legistar™