HomeMy WebLinkAbout2020-06-29 City Council Special Meeting PacketAgenda
City Council Meeting
City of Edina, Minnesota
VIRTUAL SPECIAL MEETING
CLOSED FOLLOWED BY OPEN SESSION The open portion of the meeting will be broadcast
live on Edina TV (Comcast Channels 813 or 16), Facebook.com/EdinaMN and the City’s
“Watch a Meeting” web page at EdinaMN.gov/LiveMeetings.
Monday, June 29, 2020
4:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Reports/Recommendations: (Favorable vote of majority of Council
Members present to approve except where noted)
A.MOTION TO CLOSE SESSION: As permitted by Minn. Stat. 13D.05
Subd. 3(b) for Attorney-Client Privilege to Discuss RJ Reynolds v.
City of Edina
B.Discuss RJ Reynolds v. City of Edina Litigation
C.Motion to move back into Open Session
D.Community Masking Policy Discussion
V.Adjournment
The City of Edina wants all residents to be comfortable being part of the public
process. If you need assistance in the way of hearing ampli5cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: June 29, 2020 Agenda Item #: IV.A.
To:Mayor and City Council Item Type:
Other
From:Jane Timm, Deputy City Clerk
Item Activity:
Subject:MOTION TO CLOSE SESSION: As permitted by
Minn. Stat. 13D.05 Subd. 3(b) for Attorney-Client
Privilege to Discuss RJ Reynolds v. City of Edina
Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Adopt motion as stated.
INTRODUCTION:
This motion is necessary to close the meeting.
Date: June 29, 2020 Agenda Item #: IV.B.
To:Mayor and City Council Item Type:
Other
From:Jane Timm, Deputy City Clerk
Item Activity:
Subject:Discuss RJ Reynolds v. City of Edina Litigation Action, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None; discussion only.
INTRODUCTION:
Attorneys and City Council to discuss RJ Reynolds v. City of Edina.
Date: June 29, 2020 Agenda Item #: IV.C.
To:Mayor and City Council Item Type:
Other
From:Jane Timm, Deputy City Clerk
Item Activity:
Subject:Motion to move back into Open Session Action
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Adopt motion as stated.
INTRODUCTION:
This motion is necessary to exit the closed session.
Date: June 29, 2020 Agenda Item #: IV.D.
To:Mayor and City Council Item Type:
Report / Recommendation
From:Scott Neal, City Manager
Item Activity:
Subject:Community Masking Policy Discussion Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None; discussion only.
INTRODUCTION:
The City Council will discuss a Community Masking Policy.
ATTACHMENTS:
Description
Memo on Masking Policies
Edina Emergency Public Health Order
Minneapolis Masking Policy
St. Paul Masking Policy
Summit County, Colorado, Masking Policy
City of Edina • 4801 W. 50th St. • Edina, MN 55424
Department Name
Phone 952-927-8861 • Fax 952-826-0390 • EdinaMN.gov
Date: 6/22/20
To: Scott Neal, City Manager
From: Risi Karim, City Management Fellow
Subject: Research on Community Wide Mask Policy
Overview:
Due to the rapid spread of Covid-19 and an effort to decrease the spread of the virus; communities within the
State of Minnesota and across the county have turned to implementing mandatory mask wearing policy in an
effort to keep the virus at bay and protect citizens.
Minnesota
In Minnesota only two cities thus far have implemented a city-wide mask policy, those cities being Minneapolis
and St. Paul. Both cities were able to do this by way of an executive order. The city of Duluth and Rochester
have publicly announced their consideration of implementing a community wide mask policy in their respective
cities but have since announced against the measure for now.
The City of Minneapolis
• On May 26th, 2020, the cites mask policy went into effect and will stay in place until further
notice. The order specifically states and outline two key things which are:
“ any individual who is over the age of two and able to medically tolerate a face covering shall be
required to cover their nose and mouth with a mask or cloth face covering shall be required to cover
their nose and mouth with a mask or cloth face covering in accordance with CDC guidance when indoor
spaces of public accommodation”
“All employers of business that are space of public accommodation as defined by this order shall require
their employees to wear a cloth face covering whenever employees have face to face contact with the
public.”
The City of St. Paul
• Effective May 27th, 2020 the city began enforcing a similar policy to that of Minneapolis with its
own regulations including:
1. Individuals at city-controlled property must wear face covering at all times when social
distancing of at least 6ft is not maintained”
2. Businesses licensed by the city of Saint Paul must require all individuals to wear a face covering
at all times when social distancing of at least 6ft is not maintained
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
3. All businesses are strongly encouraged to implement in their Covid-19 preparedness plan a
requirement that all individuals wear a face covering at all times when social distancing of at
least 6ft is not maintained.
The City of Duluth
After being faced with community push back about the implementation of a city-wide mask requirement the city
of Duluth will not be mandating face mask be worn during the Covid-19 pandemic. The decision was announced
June 18th, 2020 after community outcry began due to concern about medical issues brought up by disability
advocates citing that mandatory mask policies put ableism, ageism and racism in play have led the city the city.
Mayor of Duluth Emily Larson confirmed this decision to news outlets stating that she did not believe requiring
them in public would actually get people to wear mask in public. She is also quoted as saying "We don’t have an
enforcement mechanism besides basic human connection to motivate people to be good to one another. They have to
choose it. They have to mean it. And they have to believe it”.
Source: https://www.duluthnewstribune.com/newsmd/policy/6540263-Duluth-mayor-tells-disability-rights-
advocate-No-citywide-mask-requirement-coming
The City of Rochester
Rochester being the 3rd largest city in Minnesota has decided not to follow the lead of Minneapolis and St. Paul.
The city has not abandoned all efforts to implement a city-wide mask policy but is instead choosing to wait to
make that decision if and when cases start to spike in the city. The city is taking the approach of basing their
policy actions based on spikes of Covid-19 cases to depoliticize any pandemic responses.
Mayor of Rochester Kim Norton suggested to media outlets that she would only reconsider a mask policy if a
spike in cases became worrisome, she stated “It is my hope that the community continues to understand the
virulence of this virus and, therefore, the necessity to wear masks in public, I am hopeful that this medically
savvy community will voluntarily wear masks to protect those we care about and care for”.
Source: https://www.medcitybeat.com/news-blog/2020/no-citywide-mask-mandate-for-now
Across the U.S.
A growing number of U.S. states have mandated the use of masks and face coverings while in public. With many
states starting to lift coronavirus restrictions, more people are venturing out in public. The following 16 states
have adopted a state wide mask policy by way of an executive order issued by their respective governors:
California, Connecticut, Delaware, District of
Columbia,Hawaii,Illinois,Kentucky,Maine,Maryland,Massachusetts,Michigan,New Jersey, New Mexico, New York,
Pennsylvania, and Rhode Island.
California
As of June 18th,2020 California became the most recent U.S. state to issue a statewide order requiring the use
of face coverings in public indoor spaces, including while shopping, riding on public transportation or seeking
medical care.
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
Governor Newsom's order also mandated the use of masks or face coverings in public outdoor spaces when
social distancing is not an option. There was no guidance on how the order will be enforced or if violators will
face any penalties or citations.
Source: https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID-19/Guidance-
for-Face-Coverings_06-18-2020.pdf
Local Governments
Some Localities that are left without a statewide mandate for the mandatory use of mask in public have taken it
upon themselves to issue a public masking policy for their communities. Over this past weekend two additional
communities have issued mandatory masking policy, one being in Phoenix and the other being Dallas County.
State governments such as Arizona have given ley way to cities to decide on their own whether a mandatory
mask policy is needed for their communities. Several cities in Arizona have already taken up the opportunity to
implement mandatory mask policy for their communities, the most recent being the city of Phoenix. By way of a
city council declaration the City of Phoenix issued a mandatory face masking policy for residents when in public
spaces.
The declaration clearly states that “ All persons six years old or older who are present in the city of Phoenix
shall have possession of a face covering when they leave their home or place of residence and shall wear the
face covering whenever they are within 6ft of another person who is not a member of their family or
household”.
It is important to note that Phoenix’s declaration also considers a handful of expectations to their masking
policy, some of the exceptions include:
• for children under 6 years old; or
• for people whose religious beliefs prevent them from wearing a face covering; or
• for restaurant patrons while they are dining; or
• for individuals exercising outdoors or while walking or exercising with other people
from the same household, if social distancing from others who are not your family or household
members can be maintained; or
• for engaging in organized group or team sports, exercise or other physical activities
where it is not practicable or feasible to wear a mask or socially distance.
Source: https://www.phoenix.gov/newssite/Documents/Mayor%27s%20Declaration_06-19-20.pdf
Source: https://www.dallascounty.org/Assets/uploads/docs/covid-19/orders-media/061920-Amended-
SupplementalOrderonContinuingRequirements.pdf
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City of Edina • 4801 W. 50th St. • Edina, MN 55424
Mandatory Mask Policy Brings Lawsuit to City
Effective June 20th, 2020 Orange County, FL has put into effect a mandatory face covering policy through an
emergency executive order issued by the Mayor. The order states that “every person working, living, visiting, or
doing business in Orange County is required to wear a Face Covering consistent with the current CDC guideline while in
any public place”.
The order itself is in line with many of the other mandates that have been issued by local governments across
the U.S. however, Orange County has found itself in the midst of lawsuit due their masking policy. On June 21st,
a Florida state lawmaker filled suit against the county alleging that “the order violates a person's right to privacy
without government infringement and questions the exemption of government employees from the order”. The suit
requests that the county order be declared unconstitutional and seeks temporarily relief from enforcement of
the order.
Source: https://www.bizjournals.com/orlando/news/2020/06/22/face-off-florida-lawmaker-files-lawsuit-
against.html
Source: https://www.orangecountyfl.net/Portals/0/Library/Emergency-Safety/docs/coronavirus/2020-
23%20EEO.pdf
City of Edina
DRAFT Emergency Public Health Order
June 29, 2020
1. Purpose, Effective Area. This Emergency Public Health Order of the Mayor of Edina is being issued to
limit the negative health impacts of COVID-19. This Order sets forth requirements and guidelines for
group gatherings, business operations, personal responsibility, and additional guidance to slow the
spread of COVID-19. This Order is effective within the City of Edina, Minnesota.
2. Effective Date and Time, Limitations. The Public Health Order will become effective at 12:01 a.m. on
July 6, 2020, unless otherwise specifically provided for herein, and will remain in effect until 11:59 p.m.
August 6, 2020, unless extended, rescinded, superseded, or amended in writing.
3. Findings and Intent. As of June 1, 2020, there are _______ known cases of COVID-19 in Minnesota;
_______ Minnesotans have been hospitalized and ______ Minnesotans have died from COVID-19. There
is clear evidence that some individuals who contract COVID-19 have no symptoms or have very mild
symptoms, which means they are likely unaware they carry the virus. Asymptomatic individuals can
transmit the disease, and evidence shows the disease is easily spread, so gatherings of people facilitate
transmission of COVID-19.
There are visitors from many communities throughout the state and the country in Edina that if
unregulated, may introduce increased illness into the community, imposing burdens on the local
economy, local workers, our health care system, public services, first responders, food supplies and
other essential services during the ongoing COVID-19 pandemic.
Further, in the absence of a widely available vaccine and/or treatment, we must use other tools, such as
physical distancing and face coverings, to mitigate the spread of COVID-19 to protect health and save
lives.
The intent of this Order is to minimize contact among individuals and reduce the public's exposure to
the novel coronavirus, while lifting some of the existing restrictions on social, civic, businesses and
commercial activities.
4. Legal Authority. This Order is adopted pursuant to the legal authority set forth in Minnesota Statutes
12.29 and Edina City Code section 14-23 as well as all other applicable laws, rules, regulations, orders
and declarations. Under this authority, the Mayor has the authority to promulgate regulations in an
emergency to establish, maintain, and enforce isolation and quarantine; to exercise physical control
over the property and over the persons of the people within the City of Edina; and to prohibit the
gatherings of people to protect the public health; all as the Mayor may find necessary for the protection
of the public health. Issuance of this Order is deemed reasonable under the existing circumstances and
necessary for the immediate preservation of the public health, safety and welfare.
5. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws are more
restrictive than what is set forth herein, such orders control. Individuals should be aware that new
orders from Governor Walz and the Minnesota Department of Health (MDH) are being issued on a
regular basis, and all members of the public are responsible for following the Governor’s orders, MDH
orders, and local orders. The more restrictive City of Edina provisions expressly provided below shall
control.
6. Incorporation of State Orders. All Executive Orders issued by the Governor and all MDH Orders are
hereby adopted and deemed incorporated herein. This Public Health Order is intended to clarify and
harmonize this City of Edina Public Health Order with all of the State’s orders.
For purposes of this order, the term “Physical Distancing Requirements” shall have the same meaning as
the State defined term “Social Distancing Requirements”.
7. Five Commitments of Containment. Preventing a resurgence of COVID-19 in the City of Edina
requires all individuals and businesses to comply with the mandatory provisions of this Order. In
addition, all persons in Edina are strongly encouraged to assume additional personal responsibility and
adopt the Five Commitments of Containment to keep transmission of illness low. These are:
a. I will maintain 6 feet of physical distance from other individuals.
i. Physical distance is one of the most effective COVID-19 prevention measures.
ii. I will keep this distance from any person who is not from my household.
b. I will wash my hands frequently and thoroughly for at least 20 seconds.
i. Hand washing is especially important after visiting public settings and businesses and
before eating or touching my face.
c. I will cover my face in public.
i. I will wear a face covering whenever I am outside and may not be able to maintain 6
feet of physical distance from others.
ii. I will wear a face covering whenever I am in indoor areas open to the public.
iii. Face coverings are not a substitute for maintaining physical distance.
d. I will stay home when I am sick.
i. Isolating myself from others, including household members, will help protect others
and limit the spread.
e. I will get tested immediately if I have COVID-19 symptoms.
i. Testing early after COVID-19 symptoms develop can provide valuable information to
help prevent spreading COVID-19 to other people and to inform public health officials
about the extent of disease spread in the community.
8. Physical Distancing Protocol (formerly known as Social Distancing Protocol).
a. All Critical Businesses, Critical Government Functions, Non-Critical Office Based Businesses,
Critical and Non-Critical Retail, Limited Healthcare Settings, Restaurants, Houses of Worship,
Non-Critical Manufacturing, Personal Services, Outdoor Recreation, Personal Recreation,
Children’s Day Camps, Youth Sports Day Camps and Exempt Single Skill Building Youth Camps,
prior to performing operations or services, complete the online Summit County Business
Physical Distancing Protocol Form. The completed form must be posted at or near the entrance
of the establishment and shall be easily viewable by employees, customers, clients and others
on site. The completed form must also be posted on the establishment’s website, if the
establishment has a website.
b. All aforementioned entities must also comply with all applicable Governor’s order, CDPHE
orders, and DORA and State rules, regulations and guidance.
9. Employee Health Surveillance for Restaurant and Lodging Workers. All Restaurants and other places
of public accommodation permitted to offer food and beverages for on-site consumption pursuant to
the rules and regulations of the MDH and all lodging operators shall maintain a record of the following
employee information, for the purposes of contact tracing activities in the event of a suspected or
confirmed outbreak of COVID-19:
a. Current contact information for all employees,
b. Dates of all shifts worked by all employees, dating back to re-opening, and 4
c. Other known places of employment for each employee.
10. Public Transportation Services.
a. Agencies or individuals providing public transportation, including rideshares, taxis and hotel
shuttles must follow the MDH COVID-19 Guidelines for Public Transportation Providers as may
be amended. Appropriate Physical Distancing Requirements and other administrative
operational directives and permissions may be issued by the City of Edina; members of the same
household may sit together.
b. All transportation services riders and operators ages 3 and older must wear face coverings at
all times and follow appropriate Physical Distancing Requirements to the greatest extent
possible.
11. Municipal Services and Property
a. All persons seeking services or assistance from City of Edina employees, except for emergency
public safety or health services, within or upon municipal property shall comply with the
provisions of section 13 of this order. Failure to comply with the provisions of section 13 of this
order may result in the denial of service by City employees.
b. Any person who fails to comply with the provisions or this Order within or upon municipal
property will be asked to leave the property. If the person asked to leave the property does not
leave the property, the person will be deemed to be trespassing and me be subject to criminal
penalties as provided in law.
12. Isolation and Quarantine Requirements for Symptomatic Persons and Exposures
a. For purposes of this Order, the following definitions shall apply:
i. “Self-Isolate” is specific to a person with illness and means to stay at home, maintain
distance (minimum of 6 feet) away from other household members, do not share a
bedroom or bathroom, wear a mask to cover your mouth and nose when in common
areas within the household, and do not leave the home unless seeking medical care.
ii. “Self-Quarantine” is specific to a person who does not have symptoms but has been
exposed to someone confirmed to have COVID-19 or who is experiencing symptoms,
and means to stay home, do not go to public places unless seeking medical care, and
avoid contact with other people until the incubation period for COVID-19 is over, for 14
days.
b. Individuals experiencing symptoms of COVID-19 must Self-Isolate as defined in Section 11(a),
above, for a minimum of ten (10) days from the start of symptoms AND 72 hours until fever free
(without the use of any fever-reducing medications), PROVIDED that such symptoms are
significantly improving. This obligation to self-isolate includes people that have tested positive,
people awaiting their test results, and people who have symptoms but have not been tested.
c. Individuals in close contact with someone with confirmed COVID-19 disease, or a person who
has symptoms consistent with COVID-19 but who has not been tested, must Self-Quarantine, as
defined in Section 11(a), above, for 14 days at their place of residence. For healthcare workers
and others responding to the COVID-19 pandemic, Summit County Public Health will provide
more specific guidance.
d. Employers do not need to and should not require negative test results or a medical release for
anyone that has completed the Self-Isolation requirements in subsection 11(b), above, or the
Self-Quarantine requirements in subsection 11(c), above, each as applicable.
e. In the event an employee has confirmed COVID-19 or has symptoms but was not tested,
employers should not require testing for any other employees as a condition of employment.
f. Employers should not otherwise require a negative test result as a condition of employment.
13. Face Coverings.
a. Individuals must wear face coverings that cover nose and mouth whenever:
i. In indoor areas open to the general public or
ii. Outdoors whenever at least 6 feet of separation cannot be maintained among all
individuals.
iii. Exceptions: cloth face coverings do not need to be worn by persons who are
consuming food or beverages, young children under the age of 2, persons with medical
conditions that make it difficult to breathe or persons otherwise unable to remove the
mask without assistance.
b. In order to ensure that sufficient supplies of medical face masks are available to health care
workers, members of the public are strongly encouraged to use non-medical cloth face
coverings, unless a medical face mask is medically necessary.
c. Employers and operators of places of public accommodation, and those authorized on their
behalf, shall have discretion to deny admittance or service and require the removal of any
individual who fails to wear a medical or non-medical face covering. Such action shall be applied
in a manner consistent with the American Disabilities Act (42 U.S.C. § 12101 et seq .), Title VII of
the Civil Rights Act (42 U.S.C. § 2000e et seq .), the Colorado Anti-Discrimination Act (C.R.S. § 24-
34-401 et seq .), and any other relevant federal or state law.
14. Additional Information, Recommendations and Requirements for all Persons.
a. Importance of Public Actions: These actions are some of the most readily available and
effective tools to help slow the spread of the virus in our community – and, importantly, to
reduce the number of potential deaths caused by COVID-19. By slowing the spread, we protect
our family, friends, and neighbors. In particular, this includes all adults over age 65 and anyone
with an underlying health condition.
These actions will limit the cascading impacts on critical services due to high absenteeism if
large numbers of workers become ill. This Order and the actions required or recommended
herein will help hospitals, first responders, and other health care services continue to provide
services for those who need them (along with utilities, human services, and businesses) in the
coming months. Collective action can save lives and is in support of the most vulnerable in our
community. The more united we can be in preventing the spread, the greater the benefit for the
whole community.
b. Importance of Business Actions: The actions listed in this Order are some of the most readily
available and effective tools to help slow the spread of the virus in our community – and,
importantly, to reduce the number of hospitalizations and deaths caused by COVID-19. By
slowing the spread, businesses protect their workers and customers and our local economy.
Businesses shall not require, incentivize, encourage or coerce employees, contractors or
subcontractors into risking their health by violating this Order, including by working while sick,
working without a face covering, working in close quarters with others, or working without
proper protective equipment or protocols.
Businesses are strongly encouraged to be supportive of employees who are ordered to self-
isolate or quarantine, including by paying them to stay home. Summit County Public Health may
publish information about any outbreak at a business so that the public is aware of the extent
and nature of disease spread in the community.
15. Penalties. A violation of this Emergency Public Health Order may be enforced by the issuance of
warning letter(s), administrative citation to City-licensed businesses, and/or misdemeanor prosecution
under Minnesota State Statutes 12.45.
By: _________________________
Mayor James Hovland
City of Edina, MN
June 29, 2020
EMERGENCY EXECUTIVE ORDER 2020-09
I, Melvin Carter III, Mayor of the City of Saint Paul, on May 27, 2020, pursuant to Saint Paul Legislative
Code Section 13.06, do hereby issue the following Executive Order:
On March 13, 2020, Minnesota Governor Tim Walz issued Executive Order 20-01 Declaring a Peacetime
Emergency and Coordinating Minnesota’s Strategy to Protect Minnesotans from COVID-19 pursuant to
Minn. Stat. § 12.31, Subd. 2.
On March 15, 2020, Saint Paul Mayor Melvin Carter issued an Emergency Declaration in response to the
COVID-19 pandemic pursuant to Minn. Stat. § 12.29; which the City Council consented to on March 17,
2020.
Saint Paul Leg. Code Chapter 13.06(b) provides that, “whenever necessary to meet an emergency … the
mayor may by executive order promulgate regulations … for which adequate regulations have not been
adopted … respecting the conduct of persons and the use of property during emergencies; the repair,
maintenance and safeguarding of essential public services; emergency health, fire and safety
regulations; and all other matters which are required to protect public safety, health and welfare in
emergencies.”
Governor Walz on March 25, 2020 issued Executive Order 20-20 directing all Minnesotans to Stay at
Home with limited exceptions. On April 8, 2020 and April 30, 2020, Governor Walz issued Executive
Orders 20-33 and 20-48, respectively, extending and modifying the previous Stay at Home orders. On
May 17, 2020, Executive Order 20-48 expired, and Minnesotans are again allowed to leave their homes
for certain non-work activities outside of the home, including activities that are not conducive to social
distancing and hygiene, for many reasons.
There are documented community acquired COVID-19 cases in Saint Paul. The potential for community
contact transmission is especially concerning for vulnerable individuals, emergency workers, and other
essential workers who continue to provide services to the community. The CDC and local public health
officials recommend that everyone wear a cloth face covering when leaving their homes, regardless of
whether they have fever or symptoms of COVID-19. This is because of evidence that people with COVID-
19 spread the disease even when they do not have any symptoms. While such coverings are not
personal protective equipment, face coverings, whether manufactured or homemade cloth, provide
“source control” by helping to limit the person wearing the covering from infecting others and by
helping to control the spread of the virus.
Governor Walz’s Executive Order 20-56 issued on May 13, 2020 “strongly encourage(s) all Minnesotans
to wear a manufactured or homemade cloth face covering when they leave their homes and travel to
any public setting where social distancing measures are difficult to maintain. . . and to follow face
covering guidelines issued by MDH and the CDC.”
NOW, THEREFORE, I, Melvin Carter, Mayor of the City of Saint Paul, do hereby issue the following
Emergency Executive Order:
Regulations:
1. Individuals At City-Controlled Property: Must wear a face covering at all times when social
distancing of at least 6 feet is not maintained.
2. Businesses Licensed By the City of Saint Paul: Must require all Individuals to wear a face covering
at all times when social distancing of at least 6 feet is not maintained.
3. All Businesses: Strongly encouraged to include in their COVID-19 Preparedness Plan under
Governor Walz’ Executive Order 20-56 a requirement that all individuals wear a face covering at
all times when social distancing of at least 6 feet is not maintained.
Terms:
1. Individual: all persons except young children at risk of suffocation and persons who cannot
medically tolerate wearing a face covering.
2. City-Controlled Property: includes park facilities, libraries, and City offices and workplaces.
3. Face Covering: includes manufactured or homemade cloth face coverings. Face coverings must
fully cover an individual’s nose and mouth. Face coverings are not required to be medical-grade
masks.
Enforcement:
1. Any Individual who fails to comply with this requirement will be asked to leave any city-
controlled property. Any individual who subsequently refuses to leave said property upon
request will be deemed to be trespassing and may be subject to criminal penalties as provided
by law.
2. Any business licensed by the City of Saint Paul found in violation of this requirement may face
adverse licensing action and penalties under Chapter 310 of the Saint Paul Legislative Code.
Pursuant to Chapter 13 of the Saint Paul Legislative Code, this Executive Order will take effect on June 1
following my signature and, if not sooner rescinded or later extended, shall expire at the end of forty
(40) days after its effective date or at the end of the declared local emergency to which it relates,
whichever occurs first.
Signed:______________, 2020 ______________________________
Mayor Melvin Carter III
May 27
1
SUMMIT COUNTY PUBLIC HEALTH
970.668.9161 ph | 970.668.4115 f 360 Peak One Dr., Ste. 230 | PO Box 2280
www.SummitCountyCO.gov Frisco, CO 80443
JUNE 4, 2020
AMENDED AND RESTATED STANDING PUBLIC HEALTH ORDER
REGARDING THE COVID-19 PANDEMIC
FOR SUMMIT COUNTY, COLORADO
1. Purpose, Effective Area. This Amended and Restated Public Health Order is being
issued to limit the health impacts of COVID-19. This Order sets forth requirements and
guidelines for group gatherings, business operations, personal responsibility, and additional
guidance to slow the spread of COVID-19. This Order is effective within the entirety of Summit
County, including all towns within the County.
2. Effective Date and Time, Limitations. The Public Health Order will become effective
at 12:01 a.m. on June 5, 2020, unless otherwise specifically provided for herein, and will remain
in effect until 11:59 p.m. June 30, 2020, unless extended, rescinded, superseded, or amended in
writing.
3. Findings and Intent. As of June 1, 2020, there are 26,577 known cases of COVID-19 in
Colorado; 4,372 Coloradans have been hospitalized and 1,185 Coloradans have died from
COVID-19. There is clear evidence that some individuals who contract COVID-19 have no
symptoms or have very mild symptoms, which means they are likely unaware they carry the
virus. Asymptomatic individuals can transmit the disease, and evidence shows the disease is
easily spread, so gatherings of people facilitate transmission of COVID-19.
The Public Health Director further finds that the presence of visitors from many communities
throughout the state and the country, if unregulated, may introduce increased illness into the
community, imposing burdens on the local economy, local workers, our health care system,
public services, first responders, food supplies and other essential services during the ongoing
COVID-19 pandemic.
The Public Health Director further finds that, in the absence of a widely available vaccine and/or
treatment, we must use other tools, such as physical distancing and face coverings, to mitigate
the spread of COVID-19 to protect health and save lives.
The intent of this Order is to minimize contact among individuals and reduce the public's
exposure to the novel coronavirus, while lifting some of the existing restrictions on social, civic,
businesses and commercial activities.
2
4. Legal Authority. This Order is adopted pursuant to the legal authority set forth in
sections 25-1-506 and 25-1-508, 25-1-509, Colorado Revised Statutes as well as all other
applicable laws, rules, regulations, orders and declarations. Under this authority, the Summit
County Public Health Director has the duty to investigate and control the causes of the epidemic
or communicable diseases and conditions affecting public health; to establish, maintain, and
enforce isolation and quarantine; to exercise physical control over the property and over the
persons of the people within the territorial limits of Summit County; and to prohibit the
gatherings of people to protect the public health; all as the Public Health Director may find
necessary for the protection of the public health. Issuance of this Order is deemed reasonable
under the existing circumstances and necessary for the immediate preservation of the public
health, safety and welfare.
5. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or
laws are more restrictive than what is set forth herein, such orders control. Individuals should be
aware that new orders from Governor Polis and the Colorado Department of Public Health and
Environment (CDPHE) are being issued on a regular basis, and all members of the public are
responsible for following the Governor’s orders, CDPHE orders, and local orders. The more
restrictive Summit County provisions expressly provided below shall control.
6. Incorporation of State Orders. All Executive Orders issued by the Governor and all
CDPHE Public Health Orders are hereby adopted and deemed incorporated herein. This
Amended and Restated Public Health Order is intended to clarify and harmonize this Summit
County Public Health Order with all of the State’s orders.
For purposes of this order, the term “Physical Distancing Requirements” shall have the same
meaning as the State defined term “Social Distancing Requirements”.
7. Compliance with State Orders. In order to safely open and operate, the following
businesses and entities as defined by the State: Critical Businesses, Critical Government
Functions, non-Critical Office-Based Businesses, Personal Services, Limited Healthcare Setting,
and Non-Critical Retail must comply with all Executive Orders issued by the Governor and all
CDPHE Public Health Orders applicable to such operations.
8. Five Commitments of Containment. Preventing a resurgence of COVID-19 in Summit
County requires all individuals and businesses to comply with the mandatory provisions of this
Order. In addition, all persons in Summit County are strongly encouraged to assume additional
personal responsibility and adopt the Five Commitments of Containment to keep transmission of
illness low. These are:
a. I will maintain 6 feet of physical distance from other individuals.
i. Physical distance is one of the most effective COVID-19 prevention
measures.
ii. I will keep this distance from any person who is not from my household.
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b. I will wash my hands frequently and thoroughly for at least 20 seconds.
i. Hand washing is especially important after visiting public settings and
businesses and before eating or touching my face.
c. I will cover my face in public.
ii. I will wear a face covering whenever I am outside and may not be able
to maintain 6 feet of physical distance from others.
iii. I will wear a face covering whenever I am in indoor areas open to the
public.
iv. Face coverings are not a substitute for maintaining physical distance.
d. I will stay home when I am sick.
i. Isolating myself from others, including household members, will help
protect others and limit the spread.
e. I will get tested immediately if I have COVID-19 symptoms.
i. Testing early after COVID-19 symptoms develop can provide valuable
information to help prevent spreading COVID-19 to other people and to
inform public health officials about the extent of disease spread in the
community.
9. Physical Distancing Protocol (formerly known as Social Distancing Protocol).
a. All Critical Businesses, Critical Government Functions, Non-Critical Office
Based Businesses, Critical and Non-Critical Retail, Limited Healthcare Settings, Restaurants,
Houses of Worship, Non-Critical Manufacturing, Personal Services, Outdoor Recreation,
Personal Recreation, Children’s Day Camps, Youth Sports Day Camps and Exempt Single Skill
Building Youth Camps, prior to performing operations or services, complete the online Summit
County Business Physical Distancing Protocol Form. The completed form must be posted at or
near the entrance of the establishment and shall be easily viewable by employees, customers,
clients and others on site. The completed form must also be posted on the establishment’s
website, if the establishment has a website.
b. All aforementioned entities must also comply with all applicable Governor’s
order, CDPHE orders, and DORA and State rules, regulations and guidance.
10. Employee Health Surveillance for Restaurant and Lodging Workers. All Restaurants
and other places of public accommodation permitted to offer food and beverages for on-site
consumption pursuant to the CDPHE Fifth Amended Public Health Order 20-28 and all lodging
operators shall maintain a record of the following employee information, for the purposes of
contact tracing activities in the event of a suspected or confirmed outbreak of COVID-19:
a. Current contact information for all employees,
b. Dates of all shifts worked by all employees, dating back to re-opening, and
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c. Other known places of employment for each employee.
11. Public Transportation Services.
a. Agencies or individuals providing public transportation, including rideshares,
taxis, ski resort buses and shuttles must follow the CDPHE COVID-19 Guidelines for Public
Transportation Providers as may be amended. Appropriate Physical Distancing Requirements
and other administrative operational directives and permissions may be issued by the Summit
County Public Health Department; members of the same household may sit together.
b. All transportation services riders and operators ages 3 and older must wear face
coverings at all times and follow appropriate Physical Distancing Requirements to the greatest
extent possible.
12. Construction Site Health Protection. All construction activities must adhere to the
Summit County Building Department COVID-19 Policies and Procedures or the equivalent
document within the applicable jurisdiction.
13. Isolation and Quarantine Requirements for Symptomatic Persons and Exposures
a. For purposes of this Order, the following definitions shall apply:
i. “Self-Isolate” is specific to a person with illness and means to stay at
home, maintain distance (minimum of 6 feet) away from other household
members, do not share a bedroom or bathroom, wear a mask to cover your
mouth and nose when in common areas within the household, and do not
leave the home unless seeking medical care.
ii. “Self-Quarantine” is specific to a person who does not have symptoms but
has been exposed to someone confirmed to have COVID-19 or who is
experiencing symptoms, and means to stay home, do not go to public
places unless seeking medical care, and avoid contact with other people
until the incubation period for COVID-19 is over, for 14 days.
b. Individuals experiencing symptoms of COVID-19 must Self-Isolate as defined in
Section 13(a), above, for a minimum of ten (10) days from the start of symptoms AND 72 hours
until fever free (without the use of any fever-reducing medications), PROVIDED that such
symptoms are significantly improving. This obligation to self-isolate includes people that have
tested positive, people awaiting their test results, and people who have symptoms but have not
been tested.
c. Individuals in close contact with someone with confirmed COVID-19 disease, or
a person who has symptoms consistent with COVID-19 but who has not been tested, must Self-
Quarantine, as defined in Section 13(a), above, for 14 days at their place of residence. For
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healthcare workers and others responding to the COVID-19 pandemic, Summit County Public
Health will provide more specific guidance.
d. Employers do not need to and should not require negative test results or a medical
release for anyone that has completed the Self-Isolation requirements in subsection 13(b), above,
or the Self-Quarantine requirements in subsection 13(c), above, each as applicable.
e. In the event an employee has confirmed COVID-19 or has symptoms but was not
tested, employers should not require testing for any other employees as a condition of
employment.
f. Employers should not otherwise require a negative test result as a condition of
employment.
14. Face Coverings.
a. Individuals must wear face coverings that cover nose and mouth whenever:
i. In indoor areas open to the general public or
ii. Outdoors whenever at least 6 feet of separation cannot be maintained
among all individuals.
iii. Exceptions: cloth face coverings do not need to be worn by persons who
are consuming food or beverages, young children under the age of 2,
persons with medical conditions that make it difficult to breathe or
persons otherwise unable to remove the mask without assistance.
b. In order to ensure that sufficient supplies of medical face masks are available to
health care workers, members of the public are strongly encouraged to use non-medical cloth
face coverings, unless a medical face mask is medically necessary.
c. In accordance with Governor Polis’ Executive Order D 2020 092, employers and
operators of places of public accommodation, and those authorized on their behalf, shall have
discretion to deny admittance or service and require the removal of any individual who fails to
wear a medical or non-medical face covering. Such action shall be applied in a manner consistent
with the American Disabilities Act (42 U.S.C. § 12101 et seq .), Title VII of the Civil Rights Act
(42 U.S.C. § 2000e et seq .), the Colorado Anti-Discrimination Act (C.R.S. § 24-34-401 et seq .),
and any other relevant federal or state law.
15. Additional Information, Recommendations and Requirements for all Persons.
a. Importance of Public Actions: These actions are some of the most readily
available and effective tools to help slow the spread of the virus in our community – and,
importantly, to reduce the number of potential deaths caused by COVID-19. By slowing the
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spread, we protect our family, friends, and neighbors. In particular, this includes all adults over
age 65 and anyone with an underlying health condition.
These actions will limit the cascading impacts on critical services due to high absenteeism if
large numbers of workers become ill. This Order and the actions required or recommended
herein will help hospitals, first responders, and other health care services continue to provide
services for those who need them (along with utilities, human services, and businesses) in the
coming months. Collective action can save lives and is in support of the most vulnerable in our
community. The more united we can be in preventing the spread, the greater the benefit for the
whole community.
b. Importance of Business Actions: The actions listed in this Order, as well as those
outlined in the Summit County Business Physical Distancing Protocol Form and in the State of
Colorado Public Health Order, are some of the most readily available and effective tools to help
slow the spread of the virus in our community – and, importantly, to reduce the number of
hospitalizations and deaths caused by COVID-19. By slowing the spread, businesses protect their
workers and customers and our local economy.
Businesses shall not require, incentivize, encourage or coerce employees, contractors or
subcontractors into risking their health by violating this Order, including by working while sick,
working without a face covering, working in close quarters with others, or working without
proper protective equipment or protocols.
Businesses are strongly encouraged to be supportive of employees who are ordered to self-isolate
or quarantine, including by paying them to stay home. Summit County Public Health may
publish information about any outbreak at a business so that the public is aware of the extent and
nature of disease spread in the community.
16. Penalties. Failure to comply with this Order is subject to the penalties contained in
Section 25-1-516 and 18-1.3-501, Colorado Revised Statutes, including a fine of up to five
thousand ($5,000) dollars and imprisonment in the county jail for up to eighteen (18) months.
By: ______
Amy Wineland, RN, MSN, ND, CPNP
Summit County Public Health Director
June 4, 2020