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HomeMy WebLinkAbout2021_03_16 CC PKTCity Council City of Brookings Meeting Agenda - Final-revised Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers5:30 PMTuesday, March 16, 2021 Study Session & Regular Meeting 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. 5:30 PM STUDY SESSION Public Comment is not allowed on Study Session agenda items. The intent of the Study Session is for City Council and City staff discussion. 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. Page 1 City of Brookings March 16, 2021City Council Meeting Agenda - Final-revised Discussion on COVID-19 Ordinance Renewal Occupancy Restrictions and Mask Mandate Resolution. ID 21-01304. Memo Ordinance 21-012 Ordinance 21-013 - clean Ordinance 21-013 - marked Resolution 21-024 Brookings COVID Thresholds - posted 3/15 Brookings Health System Dashboard - posted 3/15 Weekly Report COVID Data Expected Vaccine Phasing Expected Vaccine Timeline Attachments: REGULAR MEETING 5. 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. 6. 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. Introduction and First Reading on Ordinance 21-012, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: March 23, 2021. ORD 21-0126.A. Memo Ordinance 21-012 - clean Ordinance 21-012 - marked Attachments: Page 2 City of Brookings March 16, 2021City Council Meeting Agenda - Final-revised Introduction and First Reading on Ordinance 21-013, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: March 23, 2021. ORD 21-0136.B. Memo Ordinance 21-013 - clean Ordinance 21-013 - marked Attachments: Discussion and Possible Action on Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. RES 21-0247. Memo Resolution Attachments: 8. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 9. 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. Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments to the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 3 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 21-0130,Version:1 Discussion on COVID-19 Ordinance Renewal Occupancy Restrictions and Mask Mandate Resolution. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Staff recommends renewal of the existing Ordinance with appropriate City Council changes. Attachments: Memo Ordinance 21-012 Ordinance 21-013 - clean Ordinance 21-013 - marked Resolution 21-024 COVID Thresholds - posted 3/15 Brookings Health System Dashboard - posted 3/15 Weekly Report COVID Data Expected Vaccine Phasing Expected Vaccine Timeline City of Brookings Printed on 3/15/2021Page 1 of 1 powered by Legistar™ City Council Study Session Memo From: Paul M. Briseno, City Manager Council Meeting: March 16, 2021 Subject: COVID-19 Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001 currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces, is set to expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Staff recommends renewal of the existing Ordinance with appropriate City Council changes. Background: On September 8, 2020 the City Council approved Ordinance 20-019 mandating face coverings where social distancing is not achievable for indoor businesses and public places. On February 9, 2021 the City Council passed Ordinance 21-001, renewing the existing regulation which requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. Ordinance 21-001 also has the following requirements: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at front entrance • 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 the front entrance • 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 Businesses and residents who violate sections of this Ordinance will be subject to fines. Discussion: Brookings County has decreased in community spread from substantial to moderate. The seven-day rolling percent positivity, according to the Brookings Health System’s dashboard, is 5.5%. Brookings County was ranked fifth of cases per one-hundred thousand of the counties with the top ten most populous cities. More importantly, Brookings County has the lowest total deaths. Approximately 1,028 vaccinations were given at the February 25, 2021 Community Vaccination Center event, and multiple mass vaccinations will occur in March and April. By early to mid-April, 1E is projected to be complete. As of the writing of this memo, approximately 18.5% of Brookings County residents 16+ years have received 1+ vaccines and 9.3% are fully vaccinated . Brookings County has achieved case counts similar to fall 2020. Current thresholds indicate:  The epidemic is controlled  The health system can cope with COVID-19 cases  Mitigation level is achieved o Suppression is not achieved Staff has prepared two (2) Ordinances and a Resolution for consideration. Ordinance 21-012 Contains the current Ordinance 21-001 regulating occupancy of bars, restaurants, salons, retail and requiring face coverings for indoor businesses and indoor public spaces. Ordinance 21-013 Contains the mask mandate, requirements for plastic dividers in retail between customers and employees at checkout, and employees in certain businesses shall wear masks. Ordinance 21-013 does not contain occupancy requirements. It further transitions many requirements into recommendations. Resolution 21-024 This Resolution transitions all mask and occupancy requirements to recommendations. Upon passage the existing mask and occupancy Ordinance would end. The resolution is valid for sixty (60) days. The items are presented at this Study Session for Council discussion. After the Study Session, in a Regular Meeting setting, the City Council will hold First Readings on Ordinance 21-012 and Ordinance 21-013, and possible action on Resolution 21-024. City Council should make further adjustments to Ordinance 21-013, if desired. Second Readings will occur March 23, 2021. Supporting Documentation: Ordinance 21-012 Ordinance 21-013 – clean Ordinance 21-013 – marked Resolution 21-024 COVID Thresholds (to be posted Monday, March 15) Brookings Health System Dashboard (to be posted Monday, March 15) Weekly Report COVID Data Expected Vaccine Phasing Expected Vaccine Timeline Ordinance 21-012 An Emergency Ordinance Amending Emergency Ordinance 20-001 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 continue t o suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 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 20-029 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 past 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 continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 20-029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 wear face coverings and 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, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 Ordinance 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 21-001 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: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-013 An Emergency Ordinance Amending Emergency Ordinance 21 -001 to Extend Certain 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 continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 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 21-001 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 past hospitalizations in the City, and the available modeling, the City Council believes face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is int ended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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) Recommend a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. d) 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 e) Businesses are encouraged to conduct daily employee screenings for illness. f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment / machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons. i) 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. 3. 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 Ordinance 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 21-001 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: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001013 An Emergency Ordinance Amending Emergency Ordinance 20-029 21-001 to Extend Certainand 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 necessar y 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 p hysicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 21-001 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 resu lt 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 20-029 21-001 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 past 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 continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain , in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029.21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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)b) 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)c) 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)d) 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)e) Businesses are encouraged to conduct daily employee screenings for illness. r)f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s)g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t)h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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. i) 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 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 ab ility 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 OrdinanceResolution 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 20-029 21-001 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: January 26__________________, 2021 Second Reading: February 9, 2021 __________________, 2021 Published: __________________, 2021 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Resolution 21-024 A Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 20-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Resolved and adopted by the Council of the City of Brookings, State of South Dakota, as follows: Whereas, the City of Brookings has the authority purs uant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances and resolutions 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 continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bore a real and substantial relationship to public health because the measures were recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the current rate of infections and community spread of COVID-19 in Brookings, South Dakota, together with the increasing number of vaccinated residents of Brookings County and within the State of South Dakota, and the reduction of hospitalizations provide the basis for replacing the mandatory restrictions set forth in Ordinance 21-001 with the recommendations set forth in this Resolution; and Whereas, the intent of this Resolution is to encourage the public to continue the safety measures provided in this Resolution which, outside of the vaccines, remain reasonable measures available to reduce the spread of COVID-19; and Whereas, while many States and Cities have recently revised their COVID-19 safety protocols, the City of Brookings and many States and communities across the country continue to encourage the public to follow 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 follow reasonable recommendations, including social distancing would likely result in higher numbers of infected individuals and has the potential to threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including use of 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 21-001 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 current hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions set forth in 21-001 can be replaced with similar recommendations which, while not mandatory, will reduce the potential for community spread of COVID-19 cases in the City and State. Now, Therefore, the City Council of the City of Brookings makes the following recommendations: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site. 2. Businesses within the City of Brookings which are open to the public are encouraged to follow guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) All businesses should collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos should be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity should be posted at the front of the business. d) All restaurants, food trucks and bars should disinfect or dispose of all menus before and after use by each customer. Condiment containers should be cleaned/disinfected between each group and should not be shared among multiple groups. Salad bars and self- service buffets are permitted, but not recommended. e) Grocery stores, retail businesses, recreation and fitness businesses should be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. f) Businesses should require social distance spacing while customers or patrons are 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, businesses should install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Businesses should require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees should wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines should be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats should be cleaned or disinfected between each use. m) Customer seating in theaters and similar businesses should 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 should 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 wear face coverings and 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, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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 should be worn at city-sanctioned events. Masks which cover a person's nose and mouth should be 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 should be worn 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 should be worn 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 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 to slow the spread of COVID-19; j) Persons engaged in church and activities within 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 recommendations listed above, businesses are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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. Because this Resolution contains recommendations and not mandatory COVID-19 safety measures, businesses are no longer required to request administrative exceptions from the City to modify the strict compliance with these recommendations. The City will no longer require that businesses implement social distancing, or that Business are required to comply with the recommendations set forth in this Resolution or the CDC guidelines. 7. This Resolution contains recommendations, and while adherence to the recommendations is requested in the public interest, there is no penalty for any person or business who cannot or chooses not to comply with any of the recommendations contained in this Resolution. 8. The recommendations set forth herein may not be applicable 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 protect ions to slow the spread of COVID-19. 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 an d Election Day voting shall remain open at all times. 9. This Resolution 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. 10. Enforcement – This Resolution contains only safety recommendations to reduce the spread of COVID-19, and there will be no penalty or enforcement actions which stem from noncompliance with the recommendations provided in this Resolution. 11. Ordinance 21-001 shall expire at the earliest date permitted by law. 12. Face Masks/Face Coverings Recommended. Within the City of Brookings, it is recommended, but not required, that 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, 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 Resolved that pursuant to SDCL 9-19-13, this resolution is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage and publication. Dated this _____ day of March, 2021 CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk For week ending March 11, 2021 Summary of Brookings COVID-19 Public Health Thresholds Week Ending 3/11/2021 1. Is the epidemic controlled? No. Rt was above 1.0 for 7 of the last 14 days; community spread is currently moderate per DOH definition. 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 = 1). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 5). 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: Yes, according to BHS data (includes sentinel testing, multiple tests on same person, non-county residents) and state data using tests done as denominator (not unique people tested). b. Suppression Level: No, test positivity is 6% based on BHS data and for state data there is a range of 3% based on tests done to 13% based on unique individuals tested. c. Approximate time to receive test results: 1-2 days d. Percent of Brookings population aged 16 years or older that has received at least one vaccine as of 3/10/21: 19% Committee’s Summary: These thresholds do not account for the introduction of the new variants (the UK or South African variants), some of which are currently circulating in the US and states bordering South Dakota. The ability of the new variants to more efficiently transmit and thus, more easily infect susceptible people, requires additional vigilance. It will be important to meet the challenge of these new variants to prevent or at least minimize new cases, hospitalizations, and deaths. 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 exceeded 1.0 in 7 of the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days ending on 3/11/21. The level of community spread is moderate. Based on Data for Week Ending: Brookings South Dakota 2/26 0.67 1.07 2/27 14asfasdasd2f 0.65 1.11 2/28 0.69 1.11 3/1 0.74 1.11 3/2 0.84 1.07 3/3 0.95 0.98 3/4 0.99 1.03 3/5 1.13 1.04 3/6 14asfasdasd2f 1.27 1.00 3/7 1.28 1.07 3/8 1.36 1.03 3/9 1.34 1.01 3/10 1.20 1.03 3/11 1.23 1.00 ----------Dec----------|----------Jan-----------|--------Feb--------|--Mar For week ending March 11, 2021 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. 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 2 (2) 1 (1) Anticipated admissions based on active cases 4 (5) 2 (2) As of 3/10/21, new cases in past seven days = 31 and active cases = 65. SD overall hospitalization rate = 5.9% (3/10/21). Age-specific hospitalization rates as of 3/10/21 and age distribution of Brookings cases 3/3/21-3/10/21 (n=31; see weekly data report for numbers by age). 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 = 1). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest anticipated number (n = 5). 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. Total cases for the previous seven days as of 3/10/21: 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 3/7/21: * Brookings 31 310 341 732 6% South Dakota Department of Health Dashboard tests completed & %TP as of 3/10/21: ** Brookings 31 310 341 246/1,160 13%/3%/3% South Dakota 1,129 11,290 12,419 5,494/22,538 21%/5%/7% ^ Test positivity based on unique people tested/all tests completed/PCR tests only from DOH dashboard. * Brookings Health System data are based on number of tests completed, not the number of people tested, may include sentinel tests and tests on Brookings County non-residents, and includes PCR and antigen tests. Data for a particular date are not reported until all test results are back. Tests at BHS, Avera, Sanford and SDSU are included. ** Includes sentinel surveillance tests (e.g., nursing homes, first responders, etc.). Tests completed and % test positivity by number of unique people tested/all tests and tests include both PCR & antigen tests. Brookings data are Brookings County residents only and South Dakota data are South Dakota residents only. Approximate time to receive test results as of 3/10/21 (Brookings): 1-2 days For week ending March 11, 2021 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 March 11, 2021 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 March 11, 2021 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 March 11, 2021 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. Brookings Health System COVID-19 Dashboard Brookings County (Testing data compiled from BHS, Avera, Sanford & SDSU) 1296 1232 64 10-Mar-21 Total Tested 1296 Total (-)1232 Total (+)64 Monthly Cumulative Totals thru 3/10 4.9% 95.1% March Positivity Rates 64 1296 4.6 4.9 4.6 4.8 3.9 4.4 5.5 0.0 5.0 10.0 15.0 3/4 3/5 3/6 3/7 3/8 3/9 3/10 7 Day Rolling Percent Positivity 7 0 3 4 3 8 2 3 5 2 13 6 5 8 6 1 5 4 6 10 120 23 17 107 147 248 143 105 26 14 136 170 258 209 97 14 29 123 70 190 2/19 2/20 2/21 2/22 2/23 2/24 2/25 2/26 2/27 2/28 3/1 3/2 3/3 3/4 3/5 3/6 3/7 3/8 3/9 3/10 Total Positive vs. Total Tested Total (+)Total Tested Linear (Total (+))Linear (Total Tested) 14.81%9.42%6.31%7.61%6.14%3.92%4.40%3.89%6.20% 0% 10% 20% 30% 40% 0 200 400 600 800 1000 1/12 to 1/18 1/19 to 1/25 1/26 to 2/1 2/2 to 2/8 2/9 to 2/15 2/16 to 2/22 2/23 to 3/1 3/2 to 3/8 3/9 to 3/15 PERCENT POSITIVECOVID TESTSBrookings Weekly Testing Positive Total Tests % Positive COVID-19 Situation Brookings County 0 1,000 2,000 3,000 4,000 5,000 6,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-2021 Cumulative Number of Confirmed & Probable Cases by Week Brookings COVID-19 Situation https://doh.sd.gov/COVID/Dashboard.aspx March 10th •3,630 cases (2,951 confirmed) •65 active cases •128 ever hospitalized •37 deaths Brookings Hospital current census: •0 COVID beds occupied •0 COVID ICU beds occupied State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total cases as of 3/10/21 = 3,630 0 50 100 150 200 250 300 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per WeekCurrent Level of Community Spread^: substantial Substantial spread Moderate spread Brookings COVID-19 Situation 2020-2021 Number of Confirmed & Probable COVID-19 Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 34 cases/week for Brookings County. Moderate spread = 10-100 cases per 100,000 (4-33 cases/week); Minimal spread = <10 cases/100,000 (<4 cases/week) For description of ordinances visit: https://cityofbrookings.org/699/Guidelines-Ordinance-Information https://doh.sd.gov/COVID/Dashboard.aspx 7/7/20: (Ord. 20-010) 3/23/20: many businesses closed (Ord. 20-005) 5/12/20: city reopened (Ord. 20-007) 9/8/20: (Ord. 20-019) Includes mask mandate 10/27/20: (Ord. 20-028) 12/15/20: (Ord. 20-029) Total cases as of 3/10/21 = 3,630 Cases for week ending 3/10/21 = 31 Cases for week ending 3/3/21 = 28 Brookings COVID-19 Situation 2021 Weekly Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 200 400 600 800 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive cases/week Weekly total of people tested 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days (dashed yellow line). Last 7-days: % positive tests among people tested = 13% % positive tests among total tests done = 3% % positive PCR tests (DOH dashboard) = 3% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing 0% 20% 40% 60% 80% 100%9/149/2410/210/1410/2110/2911/411/1111/2312/212/912/2212/311/71/131/201/272/32/102/172/243/33/100-9 10-19 20-29 30-39 40-49 50-59 60-69 70+ Brookings COVID-19 Situation Age Distribution of Brookings County Cases Who Have Tested Positive Over Time Data Source: South Dakota Department of Health % Increase 3/3 -3/10 0% (70+ y, n=0) 1% (60-69y, n=2) 1% (50-59y, n=4) <1% (40-49y, n=2) 1% (30-39y, n=6) <1% (20-29y, n=5) 2% (10-19y, n=12) 0% (0-9 y, n=0) Total = 28 2.8 8.6 14.1 11.2 12.9 11.3 7.6 10.5 10.3 0 4 8 12 16 20 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group 14-Sep 2-Oct 4-Nov 2-Dec 7-Jan 3-Feb 3-Mar Brookings COVID-19 Situation Cumulative Percent of Population within Each Age Group Testing Positive in Brookings County by Month Overall, 10.3% of Brookings County residents have tested positive as of March 3rd. Case data as close to the first of the month as possible was used. Population estimates from 2019 Census estimates. Updated monthly. How to read: As of March 10th, XX% of individuals aged 60-69 years who reside in Brookings County have tested positive for COVID-19. Data Source: South Dakota Department of Health Brookings COVID-19 Situation 0 3 6 9 12 15 8/58/128/198/269/29/99/169/239/3010/710/1410/2110/2811/411/1111/1811/2512/212/912/1612/2312/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/610/1310/2010/2711/311/1011/1711/2412/112/812/1512/2212/29Number Hospitalized per Week2020-2021 Number of New Hospitalizations per Week Includes only Brookings County residents. Began collecting data on 8/5/2020 (4 hospitalizations prior to 8/5 are not shown). https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/3/21 are incomplete Total hospitalizations = 128 Hospital admissions for week ending 3/10/21 = 1 Hospital admissions for week ending 3/3/21 = 3 Total deaths = 37 Deaths for week ending 3/10/21 = 0 Deaths for week ending 3/3/21 = 1 Brookings COVID-19 Situation 0 5 10 15 20 25 30 35 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Brookings County & South Dakota Vaccinated per Week^ % Brookings County 1+ doses % South Dakota 1+ doses % Brookings fully vaccinated % SoDak fully vaccinated These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx ^Based on 2019 Census population estimate for residents aged 16+ years in Brookings County of 29.587 & for SD of 689,981. Does not include vaccinations via IHS and VA. % Receiving at Least One Dose: South Dakota = 25.2% Brookings County = 18.5% % Fully Vaccinated: South Dakota = 13.8% Brookings County = 9.3% Counties with Top 10 Most Populous Cities 0 5 10 15 20 25 30 35 40 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Population Receiving at Least One Vaccine^ Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Health system responsible for distributing vaccines: Green –Northern Plains Health Network White –Sanford & Avera Red –Monument Health Light blue –Avera These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx Hughes = 30.4% (4,157 / 13,693) South Dakota = 25.2% Brookings = 18.5% (5,280 / 28,576) ^ Based on 2019 Census population estimates for residents aged 16+ years. Does not include vaccinations via IHS and VA. Counties with Top 10 Most Populous Cities 0 3,000 6,000 9,000 12,000 15,000 18,000 4/14/225/136/36/247/158/58/269/1610/710/2811/1812/912/301/202/103/33/244/145/55/266/167/77/288/189/89/2910/2011/1012/112/22Total CasesCumulative Cases per 100,000 Population by Week Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co City Actions Within Counties:* Beadle –resolution on mask usage (11/16 Huron & 12/8 for county property) Brookings –ordinances for restricted capacity (5/12) & mask mandate (9/8) Watertown –resolution on mask usage (12/7) Minnehaha –non-enforceable ordinance on mask mandate (11/17) Mitchell –emergency order mask mandate (11/17), ordinance (11/23) Yankton –non-enforceable ordinance on mask mandate (12/9) https://doh.sd.gov/COVID/Dashboard.aspx Counties with Top 10 Most Populous Cities 0 500 1,000 1,500 2,000 2,500 5/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/112/1512/29New Cases per WeekNew Cases per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx City Actions Within Counties:* Beadle –resolution on mask usage (11/16 Huron & 12/8 for county property) Brookings –ordinances for restricted capacity (5/12) & mask mandate (9/8) Watertown –resolution on mask usage (12/7) Minnehaha –non-enforceable ordinance on mask mandate (11/17) Mitchell –emergency order mask mandate (11/17), ordinance (11/23) Yankton –non-enforceable ordinance on mask mandate (12/9) Spread based on new cases/week: substantial = 100+/100K population. 2019 Census county population estimates used. Substantial spread See next slide for close-up of recent data Counties with Top 10 Most Populous Cities 0 100 200 300 400 500 12/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/28New Cases per WeekNew Cases (Recent) per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx City Actions Within Counties:* Beadle –resolution on mask usage (11/16 Huron & 12/8 for county property) Brookings –ordinances for restricted capacity (5/12) & mask mandate (9/8) Watertown –resolution on mask usage (12/7) Minnehaha –non-enforceable ordinance on mask mandate (11/17) Mitchell –emergency order mask mandate (11/17), ordinance (11/23) Yankton –non-enforceable ordinance on mask mandate (12/9) Spread based on new cases/week: substantial = 100+/100K population. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. 2019 Census county population estimates used. Substantial spread Moderate spread Brookings County Mobility Data via Google -75 -25 25 75 2/15/202/22/202/29/203/7/203/14/203/21/203/28/204/4/204/11/204/18/204/25/205/2/205/9/205/16/205/23/205/30/206/6/206/13/206/20/206/27/207/4/207/11/207/18/207/25/208/1/208/8/208/15/208/22/208/29/209/5/209/12/209/19/209/26/2010/3/2010/10/2010/17/2010/24/2010/31/2011/7/2011/14/2011/21/2011/28/2012/5/2012/12/2012/19/2012/26/201/2/211/9/211/16/211/23/211/30/212/6/212/13/212/20/212/27/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports: https://www.google.com/covid19/mobility/ COVID-19 Situation South Dakota 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-21 Cumulative Number of Confirmed & Probable Cases by Week South Dakota COVID-19 Situation State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total number of SD cases of influenza over the last decade (2010-20): N = 37,350 https://doh.sd.gov/COVID/Dashboard.aspx March 10th •113,962 positives (100.994 confirmed ) •2,114 active cases •6,736 ever hospitalized •73 currently hospitalized (14 in ICU) •1,904 deaths Cases as of 3/10/21 = 113,962 South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per Week2020-2021 Confirmed & Probable Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 864+ cases/week for South Dakota. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. https://doh.sd.gov/COVID/Dashboard.aspx Substantial spread Cases as of 3/10/21 = 113,962 Cases for week ending 3/3/21 = 1,129 Cases for week ending 3/3/21 = 1,025 South Dakota COVID-19 Situation Age Distribution 0 5 10 15 20 25 30 0 500 1,000 1,500 2,000 2,500 3,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Number of New Cases per Week2021 Number of Confirmed & Probable Cases by Age per Week < 60 Years (80% SD ) 60+ Years (20% SD) Percent 60+ Years https://doh.sd.gov/COVID/Dashboard.aspxPercent 60+Percentage of cases aged 60+ years for week ending 3/10/21 = 16% South Dakota COVID-19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number2020-2021 Number of Active & Recovered Cases ^ Recovered Cases Active Cases ^Recorded every Wednesday. Includes only state residents. https://doh.sd.gov/COVID/Dashboard.aspx South Dakota COVID-19 Situation 2021 Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 2,000 4,000 6,000 8,000 10,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive Cases/week Total unique people tested/week 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days. Over the last 7-days: % positive tests among people tested = 21% % positive tests among total tests done = 5% % positive PCR tests on DOH dashboard = 7% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Hospitalizations by Week Includes only state residents. 10 Years of SD hospitalizations due to influenza (2010-2020) Total N = 5,038 https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/3/21 are incomplete Total hospital admissions as of 3/10/21 = 6,736 South Dakota COVID-19 Situation 0 100 200 300 400 500 600 0 100 200 300 400 500 600 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Currently HospitalizedNumber of New Admissions or in ICU2020-2021 Weekly Hospitalization Data New Admissions/week Number in ICU Currently Hospitalized in SD Currently hospitalized includes state and out-of-state residents and transfers in from other states, but not residents transferred out-of-state. New admissions include only state residents; does not include patients on home health care. Number in ICU and currently hospitalized recorded on Wednesdays. https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/3/21 are incomplete Currently hospitalized = 73 (14 in ICU) Total hospital admissions as of 3/10/21 = 6,736 Hospital admissions for week ending 3/10/21 = 82 Hospital admissions for week ending 3/3/21 = 84 South Dakota COVID-19 Situation 0 500 1,000 1,500 2,000 2,500 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Deaths by Week Deaths among people with COVID Deaths caused by COVID Dept of Health does not report deaths until a certified death record is filed. By law, a death record must be filed within 5 days of the date of death. Deaths caused by COVID based on death certificates where COVID is cause of death or contributing cause. Deaths among people with COVID include death certificates stating COVID as well as data from national surveillance system that identifies COVID cases and deaths within 20 days of infection that do not include COVID on death certificate. See DOH dashboard, death tab for detailed definitions. Total SD deaths from influenza over a decade (2010-2020): N = 344 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/1/21 Total deaths as of 3/10/21 = 1,904 South Dakota COVID-19 Situation 0 50 100 150 200 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of Deaths per Week2020-21 Number of Deaths per Week among People with COVID-19 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/1/21 See DOH dashboard, death tab for detailed definitions. Total deaths as of 3/10/21 = 1,904 Deaths for week ending 3/10/21 = 11 Deaths for week ending 3/3/21 = 29 7.3 17.3 16.4 17.0 15.0 11.8 11.3 13.4 6.3 14.2 11.3 13.0 11.4 7.6 10.5 10.3 0 5 10 15 20 25 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Brookings Co. How to read: 11.8% of South Dakotans aged 60-69 years have tested positive for COVID-19 compared to 7.6% of Brookings County residents aged 60-69 years. South Dakota COVID-19 Situation Percent of South Dakota & Brookings Population Ever Testing Positive by Age as of March 10, 2021 2019 SD Pop (US Census) https://doh.sd.gov/COVID/Dashboard.aspx Brookings data from SD Department of Health Overall, the percent of population testing positive is: 12.9% for South Dakota 10.4% for Brookings County 0.4 9.4 13.6 16.3 18.2 38.5 67.3 71.7 0 20 40 60 80 100 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 38.5% of individuals aged 60-69 years who were diagnosed with COVID-19 were hospitalized. South Dakota COVID-19 Situation Percent of Population Receiving at Least One Vaccine by Age as of March 10, 2021 Overall, 27% of South Dakotans aged 20+ years have been immunized. Includes data from Veterans Affairs and Indian Health Services. https://doh.sd.gov/COVID/Dashboard.aspx 1.0 1.9 2.5 3.5 5.8 10.2 20.7 28.0 0 5 10 15 20 25 30 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 10.2% of individuals aged 60-69 years who were diagnosed with COVID-19 were hospitalized. South Dakota COVID-19 Situation Percent of Cases Ever Hospitalized by Age as of March 10, 2021 Overall, 5.9% of South Dakotans who tested positive have been hospitalized. Calculated as (ever hospitalized/tested positive)*100 using South Dakota data. https://doh.sd.gov/COVID/Dashboard.aspx 0.04 0.10 0.23 0.72 2.0 6.3 20.5 0.01 0.06 0.14 0.5 1.8 5.9 20.2 0 10 20 30 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Minnesota (11/16/20) How to read: 2.0% of individuals aged 60-69 years who were diagnosed with COVID-19 died. South Dakota COVID-19 Situation Case Fatality Rates by Age South Dakota updated on March 10, 2021 Overall case fatality rate for South Dakota is 1.7%. Case fatality rate calculated as COVID deaths/(COVID deaths + recovered)*100 (https://doh.sd.gov/COVID/Dashboard.aspx) Minnesota data: CFR = (deaths/cases)*100 (https://www.health.state.mn.us/diseases/coronavirus/stats/covidweekly46.pdf) Data not given for ages <19 years. South Dakota School Situation 32 9751 9965 28 3504 3576 22 3150 3173 572 586 0 3,000 6,000 9,000 12,000 15,000 8/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/8NumberWeek Ending Cumulative Number of COVID-19 Cases by Week K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff https://doh.sd.gov/documents/COVID19/School-College_COVID_cases.pdf Yellow lines = K -12 Blue lines = higher education Pink marker = students Red marker = staff K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff Probable cases added retroactively on 2/22/21. South Dakota Deaths 0 25 50 75 100 125 150 175 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of Deaths per 100,000 PopulationDeaths per 100,000 Population by Month with Average and Lowest and Highest Rates from 1960 to 2019 Average (1960-2019)Lowest (1960-2019)Highest (1960-2019)2020 (provisional) https://doh.sd.gov/documents/statistics/Mortality-Report-2020.pdf South Dakota Deaths 0 300 600 900 1,200 1,500 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of DeathsNumber of Deaths by Year and Month 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 (provisional) COVID deaths posted on dashboard in 2020 = 1,488 2020 Total deaths (provisional) = 9,856 Average number of deaths 2010-2019 = 7,602 https://doh.sd.gov/statistics/ https://doh.sd.gov/documents/statistics/Mortality-Report-2020.pdf South Dakota Deaths 0 400 800 1,200 1,600 2,000 20102011201220132014201520162017201820192020(provisional)Number of DeathsNumber of Deaths by Cause and Year Heart Disease Cancer COVID-19 Unintentional Injuries Alzheimer's disease Cerebrovascular diseases Chronic lower respiratory diseases Diabetes Chronic Liver Disease & Cirrhosis Suicide Influenza & Pneumonia All Other Causes Cause not yet determined https://doh.sd.gov/documents/statistics/Mortality-Report-2020.pdf 2020 deaths are provisional All Other Causes Heart Disease Cancer COVID-19 South Dakota Mobility Data via Google -75 -25 25 75 2/15/202/22/202/29/203/7/203/14/203/21/203/28/204/4/204/11/204/18/204/25/205/2/205/9/205/16/205/23/205/30/206/6/206/13/206/20/206/27/207/4/207/11/207/18/207/25/208/1/208/8/208/15/208/22/208/29/209/5/209/12/209/19/209/26/2010/3/2010/10/2010/17/2010/24/2010/31/2011/7/2011/14/2011/21/2011/28/2012/5/2012/12/2012/19/2012/26/201/2/211/9/211/16/211/23/211/30/212/6/212/13/212/20/212/27/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports:https://www.google.com/covid19/mobility/ COVID-19 Situation U.S. U.S. COVID-19 Situation 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Cumulative Number of Confirmed Cases by Week WorldoMeter Cases-CDC https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html Cases as of 3/10/21= 29,801,506 Numbers cited are from WorldoMeter U.S. COVID-19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Newly Diagnosed Cases per Week https://www.worldometers.info/coronavirus/#countries Cases as of 3/10/21= 29,801,506 Cases for week ending 3/10/21 = 430,801 Cases for week ending 3/3/21 = 464,307 0 100,000 200,000 300,000 400,000 500,000 600,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/8NumberCumulative Number of Deaths from COVID-19 by Week WorldoMeter CDC Total deaths as of 3/10/21= 540,574 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html US deaths in WW II N = 405,399 US deaths in WW I N = 116,516 Numbers cited are from WorldoMeter 0 5,000 10,000 15,000 20,000 25,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths per Week from COVID-19 Total deaths as of 3/10/21 = 540,475 Deaths for week ending 3/3/21 = 11,360 Deaths for week ending 3/3/21 = 13,804 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countriesNumbers cited are from WorldoMeter COVID-19 Situation World World COVID -19 Situation 0 30,000,000 60,000,000 90,000,000 120,000,000 150,000,000 3/113/254/84/225/65/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/1NumberCumulative Number of Confirmed Cases WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Cases as of 3/10/21 = 118,152,876 Numbers cited are from WorldoMeter World COVID -19 Situation 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 3/43/254/155/65/276/177/87/298/199/99/3010/2111/1112/212/231/132/32/243/174/74/285/196/96/307/218/119/19/2210/1311/311/2412/15Number per WeekNumber of Newly Confirmed Cases per Week https://www.worldometers.info/coronavirus/ Cases as of 3/10/21 = 118,152,876 Cases for week ending 3/10/21 = 2,864,474 Cases for week ending 3/3/21 = 2,454,317 Numbers cited are from WorldoMeter World COVID -19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22NumberCumulative Number of Deaths from COVID-19 WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Deaths as of 3/10/21 = 2,621,309 Numbers cited are from WorldoMeter World COVID -19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths from COVID per Week https://www.worldometers.info/coronavirus/ Deaths as of 3/10/21 = 2,621,309 Deaths for week ending 3/10/21 = 61,686 Deaths for week ending 3/3/21 = 59,291 Numbers cited are from WorldoMeter South Dakota & Brookings County COVID-19 Comparison Data: March 10, 2021 The following is a summary of South Dakota standings nationally as posted in the Washington Post as of 9:25am CT on 3/10/21 (based on data from Hopkins and state websites) (https://www.washingtonpost.com/graphics/2020/national/coronavirus-us-cases-deaths/?itid=hp_pandemic-guide-box). Note: 100K means 100,000. Testing Out of 50 states, South Dakota has the: • 8th for the highest percent positive tests in the last 7 days (7%) with New Hampshire the highest at 11% (USA = 4%) • 45th highest for number of new tests reported in last 7 days per 100K population (852/100K) with Vermont the highest at 9,717/100K (USA = 2,284/100K) Cases Out of 50 states, South Dakota has the: • 18th highest reported new cases in last 7 days per 100K population o South Dakota = 124/100K vs. USA = 145/100K o Missouri is #1 with a rate of 1,375/100K and Hawaii is #50 with a rate of 25/100K o 36 countries have a higher rate than South Dakota; Czech Republic has the highest with 783/100K • 2nd highest total reported cases per 100K population o South Dakota = 12,858/100K vs. USA = 8,770/100K o North Dakota is #1 with a rate of 13,190/100K and Hawaii is #50 with a rate of 1,976/100K o 2 countries have a higher rate than South Dakota; Andorra has the highest rate with 14,428/100K Hospitalizations Out of 50 states, South Dakota has the: • 35th highest number of patients currently hospitalized for COVID per 100K population (8/100K) with New York 1st at 33/100K and Hawaii the lowest at 29/100K Deaths Out of 50 states, South Dakota has the: • 36th highest daily reported deaths in last 7 days per 100K population o South Dakota = 1.5/100K vs. USA = 3.5/100K o Virginia is #1 with a rate of 6.1/100K and North Dakota is #50 with a rate of 0.3/100K o 48 countries have a higher rate than South Dakota; Czech Republic is the highest country with 13.6/100K • 8th highest total reported deaths per 100K population o South Dakota = 215/100K vs. USA = 159/100K o New Jersey is #1 with a rate of 266/100K and Hawaii is #50 with a rate of 31/100K o No country has a higher rate than South Dakota; Czech Republic has the highest rate at 210/100K Vaccines Out of 50 states, South Dakota has the: • 6th highest number of people partially vaccinated per 100K o South Dakota = 13,355/100K vs. USA = 8,731/100K o Connecticut is #1 with 15,793/100K and Georgia is #50 with 4,804/100K • 5th highest number of people fully vaccinated per 100K o South Dakota = 12,868/100K vs. USA = 9,669 o Alaska is #1 with 16,041/100K and Utah is #50 with 7,382/100K County Rankings: Counties with the top ten most populous cities and rankings based on average number of daily cases over the last seven days per 100K population, total cases and death per 100K population, and percentage of the population with one or more vaccinations (rank of #1 is the best^). Vaccination data are based on total county coverage and not the percent of eligible population that has been vaccinated. County Cases/day over last 7 days per 100K Rank: Cases over last 7 days Total Cases per 100K Rank: Total cases Total Deaths per 100K Rank: Total deaths % Population with 1+ vaccine Rank: % Vaccinated Huron Beadle 50 10 15,201 10 211 7 25.7 6 Brookings Brookings 14 5 10,340 1 105 1 18.5 10 Aberdeen Brown 14 6 13,335 6 229 8 25.8 5 Watertown Codington 18 8 14,413 7 275 9 25.5 7 Mitchell Davison 13 2 15,034 9 324 10 26.3 4 Pierre Hughes 16 7 13,255 5 205 6 30.4 1 Spearfish Lawrence 4 1 10,974 2 174 5 21.8 9 Sioux Falls Minnehaha 26 9 14,695 8 173 4 29.4 2 Rapid City Pennington 13 3 11,430 3 165 3 22.3 8 Yankton Yankton 13 4 12,378 4 123 2 28.2 3 South Dakota 18 12,858 215 25.2 Case and death data from: https://www.nytimes.com/interactive/2020/us/south-dakota-coronavirus-cases.html (3/10/21, 10:59 am ET); percent of population vaccinated calculated from numbers vaccinated on the SDDOH dashboard (3/10/21) and the 2019 Census data of population aged 16+ years. ^ Rank of 1 is the lowest rate for cases and deaths, while for vaccinations a rank of 1 is the highest rate Summary – Among the counties with the 10 largest cities, Brookings has the: • 5th lowest number of average daily cases per population size in the last seven days • lowest number of cases per population size since the beginning of the pandemic • lowest number of deaths per population size since the beginning of the pandemic • lowest percentage of county population aged 16+ years that has received at least one vaccine (this does not reflect the percentage of the eligible population that is vaccinated) Based on the Department of Health dashboard posted as of March 10th, Brookings, Davison, Lawrence and Yankton counties have moderate community spread, while the remaining counties have substantial spread based on the last two-weeks of data and as defined by the CDC (new cases/week = 100+/100K population = 14+ new cases/day per 100K). COVID-19 VACCINE FOR SOUTH DAKOTA RESIDENTS Priority Groups for Phase 1 Due to limited allocation of the vaccine, the South Dakota Department of Health will use COVID-19 infection rates and will follow recommendations from the Advisory Committee on Immunization Practices (ACIP) to guide which counties will receive the vaccine first. Individuals qualifying for vaccination based on age or underlying health condition must be South Dakota residents. 03-08-21  Frontline Healthcare Workers (working in an emergency department, ICU, COVID unit, or general acute care)  Long-Term Care Facility Healthcare Workers A  Long-Term Care Residents (nursing home and assisted living) B E  Fire Service Personnel  Other Critical Infrastructure Workers, including water and wastewater, energy, finance, food service, food and agriculture, legal, manufacturing, shelter and housing, transportation and logistics, information technology and communications Click for More Information on Critical Infrastructure Sectors  Other healthcare workers, including laboratory and clinic staff  Public Health Workers  Emergency Medical Services  Law Enforcement  Correctional Officers C 1 1 2 +  Persons Aged 65 Years and Older  High Risk Patients - dialysis, post-transplant, and active cancer  High Risk Residents in Congregate Settings, Residents in Licensed Independent Living Facilities, and Residents of Licensed Group Homes  Persons with underlying medical conditions under the age of 65  Teachers and Other School/College Staff  Funeral Service Workers D WE ARE CURRENTLY HERE Expected COVID-19 Vaccine Availability for South Dakota Residents Due to limited allocation of the vaccine, the South Dakota Department of Health will use COVID-19 infection rates and will follow recommendations from the Advisory Committee on Immunization Practices (ACIP) to guide which counties will receive the vaccine first. Individuals qualifying for vaccination based on age or underlying health condition must be South Dakota residents. AS OF 03-08-21 Phase Population Group January February March April May-December 1A Frontline healthcare workers and long-term care facility healthcare workers 1B Long-term care residents 1C EMS, public health workers, and other healthcare workers (lab & clinic staff) Law enforcement, correctional officers 1D Persons aged 65 years and older High risk patients - dialysis, post-transplant, and active cancer High risk residents in congregate settings Persons with underlying medical conditions under the age of 65 Teachers and other school/college staff 1D Funeral service workers 1E Fire service personnel Includes public-facing workers in essential and critical infrastructure Phase 2 All others 16 years and olderwe are hereEstimated Vaccine Availability Note: Tribal vaccine allocation & administration is handled by the IHS Veteran vaccine allocation & administration is handled by the VA 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 21-012,Version:1 Introduction and First Reading on Ordinance 21-012, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: March 23, 2021. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. The Ordinance has other requirements outlined. Recommendation: Staff recommends consideration of the existing Ordinance with appropriate City Council changes. Attachments: Memo Ordinance 21-012 - clean Ordinance 21-012 - marked City of Brookings Printed on 3/11/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 16, 2021 Subject: Ordinance 21-012 - Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Staff recommends consideration of the existing Ordinance with appropriate City Council changes. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. The Ordinance also has the following requirements: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at the front entrance • 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 Businesses and residents who violate sections of this Ordinance will be subject to fines. Discussion: Brookings County has decreased in community spread from substantial to moderate. The seven-day rolling percent positivity, according to the hospital's dashboard, is 5.5%. Brookings County was ranked fifth of cases per one-hundred thousand of the counties with the top ten most populous cities. More importantly, Brookings County has the lowest total deaths. Approximately 1,028 vaccinations were given at the February 25th event, and multiple mass vaccinations will occur in March and April. By early to mid - April, 1E is projected to be complete. As of the writing of this memo, approximately 5,092 people have received the vaccine. Brookings County has achieved case counts similar to fall 2020. Current thresholds indicate:  The epidemic is controlled  The health system can cope with COVID 19 cases  Mitigation level is achieved o Suppression is not achieved Ordinance 21-012 contains the current Ordinance 21-001 regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. First Reading will occur March 16, 2021. Second Reading will occur March 23, 2021. 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 renewal of the existing Ordinance with appropriate City Council changes. Supporting Documentation: Ordinance 21-012 – clean Ordinance 21-012 – marked Ordinance 21-012 An Emergency Ordinance Amending Emergency Ordinance 20-001 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 continue t o suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 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 20-029 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 past 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 continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 20-029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 wear face coverings and 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, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 Ordinance 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 21-001 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: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001 An Emergency Ordinance Amending Emergency Ordinance 20-001 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 continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures 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 communiti es across the country continue to implement 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 20-029 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 past 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 continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain, in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 wear face coverings and 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, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 s ocial distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 Ordinance 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 21-001 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: March 16, 2021 Second Reading: March 23, 2021 Published: __________________, 2021 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 21-013,Version:1 Introduction and First Reading on Ordinance 21-013, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second Reading: March 23, 2021. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Staff recommends consideration of Ordinance 21- 013 with appropriate City Council changes. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. Recommendation: Staff recommends Ordinance 21-013 with appropriate City Council changes. Attachments: Memo Ordinance 21-013 - clean Ordinance 21-013 - marked City of Brookings Printed on 3/11/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 16, 2021 Subject: Ordinance 21-013: Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has reduced community spread from substantial to moderate, hospitalization is zero, cases are low, and only a portion of one trigger is met. Staff recommends Ordinance 21-013 with appropriate City Council changes. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. Discussion: Brookings County has decreased in community spread from substantial to moderate. The seven-day rolling percent positivity, according to the hospital's dashboard, is 5.5%. Brookings County was ranked fifth of cases per one-hundred thousand of the counties with the top ten most populous cities. More importantly, Brookings County has the lowest total deaths. Approximately 1,028 vaccinations were given at the February 25th event, and multiple mass vaccinations will occur in March and April. By early to mid - April, 1E is projected to be complete. As of the writing of this memo, approximately 5,092 people have received the vaccine. Brookings County has achieved case counts similar to fall 2020. Current thresholds indicate:  The epidemic is controlled  The health system can cope with COVID 19 cases  Mitigation level is achieved o Suppression is not achieved. Ordinance 21-013 keeps the existing mask mandate, requires masks for employees of specific businesses. The Ordinance eliminates the occupancy regulation and further transitions many business requirements to recommendations. The First Reading of this Ordinance will occur on March 16, 2021. At that time, necessary adjustments should occur if Council desires. The Second Reading will be held on March 23, 2021. 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 Supporting Documentation: Ordinance 21-013 – clean Ordinance 21-013 - marked Ordinance 21-013 An Emergency Ordinance Amending Emergency Ordinance 21 -001 to Extend Certain 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 continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 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 21-001 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 past hospitalizations in the City, and the available modeling, the City Council believes face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is int ended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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) Recommend a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. d) 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 e) Businesses are encouraged to conduct daily employee screenings for illness. f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment / machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons. i) 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. 3. 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 Ordinance 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 21-001 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: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001013 An Emergency Ordinance Amending Emergency Ordinance 20-029 21-001 to Extend Certainand 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 necessar y 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 p hysicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 21-001 and this ordinance are intended to continue necessary procedures 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 continue to implement 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 resu lt 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 20-029 21-001 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 past 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 continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain , in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029.21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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)b) 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)c) 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)d) 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)e) Businesses are encouraged to conduct daily employee screenings for illness. r)f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s)g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t)h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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. i) 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 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 ab ility 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 to slow the spread of COVID-19. j) Persons engaged in church and activities within 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 are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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 this ordinance or the CDC guidelines. 7. Any person, 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 to slow the spread of COVID-19. 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 OrdinanceResolution 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 20-029 21-001 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: January 26__________________, 2021 Second Reading: February 9, 2021 __________________, 2021 Published: __________________, 2021 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 21-024,Version:1 Discussion and Possible Action on Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. At the March 9, 2021 Regular Meeting the City Council desired a potential Resolution to address COVID 19. Attachments: Memo Resolution 21-024 City of Brookings Printed on 3/11/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 16, 2021 Subject: Resolution 21-024 Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces expires April 10, 2021. At the March 9, 2021 Regular Meeting the City Council desired a potential Resolution to address COVID 19. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The City Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. On March 9, 2021 City Council requested a Resolution for consideration at the March 16, 2021 meeting. Discussion: The proposed resolution would:  Transition all required language surrounding masks and occupancy to recommendations.  The resolution expires sixty (60) days after passage.  Upon passage the existing mask and occupancy ordinance would end. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 4. Deny 5. Do nothing Staff recommends tabling Resolution 21-014 to the March 23, 2021 City Council Meeting. Supporting Documentation: Resolution Resolution 21-024 A Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Resolved and adopted by the Council of the City of Brookings, State of South Dakota, as follows: Whereas, the City of Brookings has the authority purs uant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances and resolutions 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 continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bore a real and substantial relationship to public health because the measures were recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the current rate of infections and community spread of COVID-19 in Brookings, South Dakota, together with the increasing number of vaccinated residents of Brookings County and within the State of South Dakota, and the reduction of hospitalizations provide the basis for replacing the mandatory restrictions set forth in Ordinance 21-001 with the recommendations set forth in this Resolution; and Whereas, the intent of this Resolution is to encourage the public to continue the safety measures provided in this Resolution which, outside of the vaccines, remain reasonable measures available to reduce the spread of COVID-19; and Whereas, while many States and Cities have recently revised their C OVID-19 safety protocols, the City of Brookings and many States and communities across the country continue to encourage the public to follow 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 follow reasonable recommendations, including social distancing would likely result in higher numbers of infected individuals and has the potential to threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including use of 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 21-001 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 current hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions set forth in 21-001 can be replaced with similar recommendations which, while not mandatory, will reduce the potential for community spread of COVID-19 cases in the City and State. Now, Therefore, the City Council of the City of Brookings makes the following recommendations: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site. 2. Businesses within the City of Brookings which are open to the public are encouraged to follow guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) All businesses should collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos should be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity should be posted at the front of the business. d) All restaurants, food trucks and bars should disinfect or dispose of all menus before and after use by each customer. Condiment containers should be cleaned/disinfected between each group and should not be shared among multiple groups. Salad bars and self- service buffets are permitted, but not recommended. e) Grocery stores, retail businesses, recreation and fitness businesses should be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. f) Businesses should require social distance spacing while customers or patrons are 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, businesses should install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Businesses should require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees should wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines should be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats should be cleaned or disinfected between each use. m) Customer seating in theaters and similar businesses should 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 should 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 wear face coverings and 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, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons 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 should be worn at city-sanctioned events. Masks which cover a person's nose and mouth should be 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 should be worn 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 should be worn 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 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 to slow the spread of COVID-19; j) Persons engaged in church and activities within 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 recommendations listed above, businesses are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 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. Because this Resolution contains recommendations and not mandatory COVID-19 safety measures, businesses are no longer required to request administrative exceptions from the City to modify the strict compliance with these recommendations. The City will no longer require that businesses implement social distancing, or that Business are required to comply with the recommendations set forth in this Resolution or the CDC guidelines. 7. This Resolution contains recommendations, and while adherence to the recommendations is requested in the public interest, there is no penalty for any person or business who cannot or chooses not to comply with any of the recommendations contained in this Resolution. 8. The recommendations set forth herein may not be applicable 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 protect ions to slow the spread of COVID-19. 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 an d Election Day voting shall remain open at all times. 9. This Resolution 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. 10. Enforcement – This Resolution contains only safety recommendations to reduce the spread of COVID-19, and there will be no penalty or enforcement actions which stem from noncompliance with the recommendations provided in this Resolution. 11. Ordinance 21-001 shall expire at the earliest date permitted by law. 12. Face Masks/Face Coverings Recommended. Within the City of Brookings, it is recommended, but not required, that 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, 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 Resolved that pursuant to SDCL 9-19-13, this resolution is adopted to address a public health emergency and is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage and publication. Dated this _____ day of March, 2021 CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk