Milbank City Council Proceedings

March 23, 2020

The Milbank City Council held a teleconference emergency special meeting at 6:30 PM. The following members were present: Mayor Pat Raffety, Councilmen Steve Wiener, Mike Hanson, Evan Grong, Scott Hoeke, Joel Foster and James Johnson. Present from the staff: John Forman, Boyd VanVooren, Cynthia Schumacher, Brandy Blauert and Kevin Schuelke. Present from the media: Holli Seehafer and Kathy Ward.

Mayor Raffety called the meeting to order, and the roll call was taken.

Mayor Raffety introduced and discussed Governor Noem’s Executive Order given March 23, 2020 outlining guidelines for all South Dakotans as it relates to COVID-19. The Council discussed the Governor’s recommendation to implement CDC hygiene practices designed to reduce the likelihood of spreading disease. Restrict public gatherings of ten people or more. Review the business practices of each ‘enclosed retail business that promotes public gatherings’ within the community. Encourage operation and innovation in the private sector, which is consistent with recommended CDC hygiene practices, and protect the critical infrastructure sectors, as they have added responsibility to maintain their normal work schedule.

Council members stressed the seriousness of this issue, encouraging residents to stay home when possible and practice social distancing. The Council commended those businesses who have voluntarily taken steps to implement CDC recommendations.

While the Council does understand the financial impact the closure of businesses would have, they felt the health and safety of the residents needs to be at the forefront. Mayor Raffety requested the bars close to on-sale service, restaurants to implement carry-out or drive thru services only and other businesses, which encourage public gatherings, to close. 

Adjourn –A motion was made and seconded to adjourn. Motion carried 6-0.

March 24, 3030

The Milbank City Council held a teleconference emergency special meeting at 6:30 PM. The following members were present: Mayor Pat Raffety, Councilmen Steve Wiener, Mike Hanson, Evan Grong, Scott Hoeke, Joel Foster and James Johnson. Present from the staff: John Forman, Boyd VanVooren, Cynthia Schumacher and Kevin Schuelke. Several members of the public were in attendance.

Mayor Raffety called the meeting to order, and the roll call was taken.

Resolution 3-24-20 was introduced and read by Mayor Raffety. 

Resolution 3-24-20

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 Milbank has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances or resolutions for the purpose of promoting the health, safety, morals, 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, 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, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and

Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of

COVID-19; and

Whereas, cases of COVID-19 have been confirmed 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 of South Dakota have been closed for at least two weeks; and

Whereas, on March 16, 2020, the White House issued guidance recommending that social gatherings of more than ten (10) people be avoided, and that people avoid eating or drinking at

bars, restaurants and food courts; and

Whereas, the guidance issued by the White House further recommended that in states with evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate should be closed; and

Whereas, many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; and

Whereas, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s 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 COVID19; and

Now, Therefore, Be It Ordained, by the City Council of Milbank that:

1. Effective at 11:59 p.m. Tuesday, March 24, 2020, all restaurants, food courts, coffee houses, bars, breweries, 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 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. This closure will remain in effect through Wednesday, April 15, 2020.

2. Effective at 11:59 p.m. Tuesday, March 24, 2020, all recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues are directed to close and cease operations during this emergency. This closure will remain in effect through Wednesday, April 15, 2020.

3. Effective at 11:59 p.m. Tuesday, March 24, 2020, all cigar bars, vaping lounges or other

similar businesses that allow for on-site consumption are directed to cease allowing on- site consumption, but may continue to offer products for sale to consume off-site under the same conditions as bars and restaurants outlined in paragraph #1. This closure will remain in effect through Wednesday, April 15, 2020.

4. Effective at 11:59 p.m. Tuesday, March 24, 2020, all arcades, bingo halls, bowling alleys, indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other similar recreational or entertainment facilities are directed to close and cease operations during this emergency. This closure will remain in effect through Wednesday, April 15, 2020.

5. 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 offer on-site consumption which would be subject to the requirements of paragraph #1.

b. Hardware and supply stores.

c. Room service in hotels.

d. Health care facilities, residential care facilities, congregate care facilities, day care facilities, and correctional facilities.

e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.

f. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster.

g. Official meetings of the city, schools, county, or state.

h. The operations and meetings of any state or federal courts.

i. Manufacturing businesses.

6. 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 resolution 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.

7. Any violation of this resolution is subject to the general penalty provision in the Revised Milbank Municipal Code, Chapter 1.16, Section 1.16.010. 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  24th day of March, 2020. 

Vote of the Milbank City Council:

AYE: Joel Foster, Evan Grong, Mike Hanson, Scott Hoeke, James Johnson, Steve Wiener 

NAY:  none 

CARRIED: 6-0

Dated this  24th day of March, 2020.

Pat Raffety, City of Milbank Mayor

ATTEST

Cynthia Schumacher, 

City of Milbank Finance Officer

  Public input was heard before a motion was made and seconded to approve Resolution 3-24-20. Mayor Raffety stated he understands it is important to work with neighboring communities, it is also necessary to protect the residents of Milbank. Motion carried by roll call vote, 6-0.

A motion was made and seconded to adjourn. Motion carried 6-0.

/s/ Pat Raffety,

Mayor

ATTEST:

/s/ Cynthia Schumacher,

Finance Officer