City of Edgemont Common Council
March 30, 2020
Call To Order – Roll Call: Mayor Jerry Dibble called the regular meeting of the Edgemont Common Council to order at 12:00 p.m. on March 30, 2020, at the Edgemont City Park. Present were Council members, Roger Horton, Carla Schepler, Jason Shook, John Sturgis and Robert Worden.
Pledge of Allegiance was stated.
Conflict Of Interest For Council Members: No conflicts were heard.
Approval Of Agenda: Jason Shook made a motion to approve the March 30, 2020 agenda. Motion seconded by Robert Worden. Motion passed with unanimous vote.
Public Comment: Public comment was heard by several community members concerning the City’s stand on the Covid-19.
New Business: Resolution 2020-3-30 – Covid-19: Jason Shook made a motion approve Resolution 2020-3-30 as read. Motion was seconded by John Sturgis. Motion passed with unanimous roll call vote.
An Emergency Resolution to address a Public Health Crisis by implementing certain measures which have been deemed necessary to slow the community spread of Coronavirus (covid-19).
WHEREAS, the City of Edgemont has the authority pursuant to SDCL 9-29-1 and 9-32-1 to pass resolutions for the purpose of promoting the health, safety, morals and general welfare, of the community and the promotion of health and the suppression of disease; and
WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, COVID-19 can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency in response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of COVID-19; and
WHEREAS, cases of COVID-19 have been confirmed in several counties in South Dakota; and
WHEREAS, the CDC and health experts have recommended social distancing to slow the spread of COVID-19; and
WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and
WHEREAS, in response to the need to implement social distancing all schools in the state have been closed for at least two weeks; and
WHEREAS, on March 16th, the White House issued guidance recommending that social gatherings of more than ten people be avoided, and that people avoid eating or drinking at bars, restaurants, and food courts; and
WHEREAS, the guidance issued by the White House further recommended that in states with evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate should be closed; and
WHEREAS, many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; and
WHEREAS, on March 23, 2020, Governor Kristi Noem issued Executive Order 2020-08 stating that residents of South Dakota should practice social distancing and that all enclosed retail businesses that promote public gatherings including, but not limited to, bars, restaurants, breweries, cafes, casinos, coffee shops, recreational or athletic facilities, health clubs, or entertainment venues should suspend or modify business practices as recommended by CDC guidance regarding social distancing; and
WHEREAS, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s health care providers; and
WHEREAS, it is important that control measures be taken to reduce or slow down the spread of COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Edgemont that:
1. Effective at 1:00 p.m. on March 30, 2020, all restaurants, food courts, coffee houses, bars, breweries, distilleries, wineries, clubs, cafes and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and/or drive-thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of COVID-19.
2. Effective at 1:00 p.m. on March 30, 2020, all recreational facilities, public pools, health clubs, and athletic facilities are directed to close and cease operations.
3. The Mayor may modify public access, hours of operation and staffing levels at Edgemont City Hall and Edgemont City Library at his discretion; however, any modifications shall be posted on the entrances and on the City’s website, and such postings shall also include applicable telephone contact information of city officials.
4. The prohibitions and closures in this order do not apply to the following businesses:
a. Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of paragraph #1.
b. Room service in hotels.
c. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
d. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster.
4. 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. Any dates identified in the ordinance for closures to automatically end may be adjusted at any time within the sixty (60) day period covered by this resolution by a resolution of the City Council.
5. Any violation of this resolution is subject to the general penalty provision in Section 01.4.00 of the Edgemont City Ordinance Code. Each day a violation of this resolution is allowed to occur is considered a separate offense.
BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this resolution is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon passage.
Dated this 30th day of March 2020.
City of Edgemont
Jerry J Dibble, Mayor
Karen S Cain, Finance Officer
Adjournment: Jason Shook made a motion to adjourn at 9:00 p.m. Motion was seconded by Robert Worden. Motion carried with unanimous vote.
The next regular City Council meeting will be held April 7, 2020 at 7:00 p.m.
Jerry Dibble, Mayor
/s/Karen S Cain
Karen S Cain, Finance Officer
Published once at the total approximate cost of $100.17
Published: April 9, 2020