City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · August 11, 2020
Minutes
Unapproved Minutes
Council Special Session
August 11, 2020
Tuesday 6:00 p.m.
The special session of the City Council, City of Vermillion, South Dakota
was held on Tuesday, August 11, 2020 at 6:00 p.m. at the City Hall large
conference room by Mayor Collier-Wise.
1. Roll Call
Present: Hellwege (teleconference), Holland, Humphrey (teleconference),
Jennewein (teleconference), Letellier (teleconference), Price
(teleconference), Ward (teleconference), Willson (teleconference), Mayor
Collier-Wise (teleconference)
2. Pledge of Allegiance
3. Adoption of Agenda
237-20
Alderman Price moved approval of the agenda. Alderman Willson seconded
the motion. A roll call vote of the Governing Body was as follows:
Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y,
Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the
motion adopted.
4. Visitors to be Heard - None
5. New Business
A. Emergency Resolution Encouraging Face Covering to be Worn in Public
Buildings
John Prescott, City Manager, reported that face coverings have been
determined to be one of the more effective measures to reduce the spread
of the coronavirus. John noted that, over the last couple of weeks, the
Board of Regents, the Vermillion Public School District, and the City of
Vermillion have adopted policies in regard to the use of face coverings
in their buildings. John stated that, at the last meeting, the City
Council considered, but did not adopt, an ordinance requiring face
coverings or face masks in buildings open to the public and staff was
directed to prepare a resolution which would encourage the use of face
masks or face coverings in buildings open to the public. John reported
that two resolutions were included in the packet. John noted the end
result of both resolutions is to encourage the wearing of face coverings
or face masks. John noted that one version of the resolution includes
1
the various exceptions that were provided when the ordinance to require
face coverings or face masks was considered and the other version of the
resolution does not list all of the exceptions, but notes that there are
situations where a face mask or face covering cannot be utilized and
encourages individuals in these instances to use other protective
measures. John stated that a resolution does not necessitate the
establishment of a fine for not adhering to the guidance provided. John
noted that, during the discussion on the ordinance requiring a face
covering or face mask, the attorney for the City’s liability insurance
company offered that a resolution would be a better approach than an
ordinance. John stated that this is an emergency resolution that will
have a 60-day life unless changed by City Council action and, as such,
continuation of the resolution will be included on each agenda during
the 60-day life of the emergency resolution. John recommended adoption
of the shorter resolution as it does not include all the exceptions but
encourages the use of face coverings. Discussion followed on the two
options with the suggestion to remove one of the WHEREAS paragraphs.
238-20
After reading the same once, Alderman Holland moved adoption of the
following:
EMERGENCY RESOLUTION CREATING AN EXPECTATION
OF FACE COVERING DURING COVID-19 PANDEMIC
WHEREAS, an outbreak of the COVID-19 disease, 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, which especially among older adults and persons with
serious underlying health conditions, 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 United States
Department of Health and Human Services have declared the outbreak of
COVID-19 as a public health emergency; and
WHEREAS, Governor Kristi Noem issued Executive Order 2020-26 which
extended the previously declared state of emergency to exist in the State
of South Dakota in response to the spread of COVID-19 until December 30,
2020; and
WHEREAS, cases of COVID-19 have been confirmed throughout South Dakota
including Clay County; and
2
WHEREAS, the CDC and health experts have advised the use of face masks
or face coverings over the nose and mouth will slow the spread of COVID-
19; and
WHEREAS, the failure to successfully reduce the spread of COVID-19 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;
and
WHEREAS, the South Dakota Board of Regents announced the requirement of
face coverings or face masks for all students, facility, staff and
visitors in all public indoor spaces on the University of South Dakota
campus; and
WHEREAS, the Vermillion Public School District will be requiring face
coverings or face masks for students, facility, staff and visitors in
school district facilities; and
WHEREAS, the Vermillion City Council has adopted a face covering policy
requiring face coverings or face masks for staff and visitors in city
owned building; and
WHEREAS, there is an expectation in the city of the importance of wearing
face coverings or face masks while inside public spaces by all residents,
visitors or guests.
NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of
Vermillion that:
1. All persons entering a commercial establishment in the City of
Vermillion are encouraged to wear a face covering or face mask while
inside the establishment.
2. All restaurants, retail stores, salons, grocery stores, establishments
selling alcohol, pharmacies, lodging establishments, exercise
facilities, establishments offering goods and services, or soliciting
patronage from the general public are encouraged to require their
employees to wear a face covering or face mask at all times while having
face-to-face interactions with the public.
3
3. It is also understood that there are individuals that due to health
or other reasons cannot wear a face mask or face covering and/or other
situations where face masks or face coverings cannot be worn and in these
instances individuals are encouraged to use other protective measures
such as social distancing.
BE IT FURTHER RESOLVED, 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. 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.
Dated at Vermillion, South Dakota this 11th day of August, 2020.
THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
By___________________________________
Kelsey Collier-Wise, Mayor
ATTEST:
___________________________________
Michael Carlson, Finance Officer
The motion was seconded by Alderman Hellwege. Discussion followed and
the question of the adoption of the Resolution was presented for a vote
of the Governing Body. A roll call vote of the Governing Body was as
follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y,
Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise
declared the motion adopted.
B. First Reading of Emergency Ordinance 1419 to Require Signage at the
entrance to buildings open to the public that states Face Coverings
Expected
John Prescott, City Manager, noted that, with the last agenda item, the
City Council was considering a resolution to promote the use of the face
coverings or face masks inside of buildings which are open to the public.
John noted that the City Council at the August 3, 2020 regular meeting
expressed interest in having a signage requirement that buildings open
to the public would need to meet to help promote a community culture of
wearing a face mask or face covering. John stated that the proposed
ordinance will require businesses to have a sign which reads “Face Mask
or Face Coverings Are Expected”. John noted that the City has been working
with the University of South Dakota to promote continuity of signage
across the community. John noted that a business does not have to use
4
the templates which will be available on the City’s website but will need
to provide the same message that face masks or face coverings are
expected. John stated that the sign must be at least 8.5” x 11” and
placed at the entrance or entrances to the business. John stated that a
sample of the template is included with the packet. John stated that the
proposed ordinance is an emergency ordinance to provide the City Council
with the ability to more quickly implement the requirement to address
the ongoing, immediate health issue. John stated that an emergency
ordinance would have a life of 60-days. John noted that, if adopted, the
second reading of Emergency Ordinance No. 1419 would be part of the
regular meeting agenda on Monday, August 17, 2020 and could be effective
immediately following adoption. John noted that, as with all ordinances,
a fine amount needs to be established for violation of an ordinance which
is usually set with the second reading of an ordinance. Discussion
followed on the wording for the sign to be in a visible location near
the entrance(s) with the wording “masks or face coverings are expected
pursuant to City Resolution.”
239-20
Mayor Collier-Wise read the title to the above mentioned Ordinance and
Alderman Willson moved adoption of the following Resolution:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to proposed Ordinance No. 1419 entitled an Emergency Ordinance Requiring
Signage at the entrance to buildings open to the public that states Face
Coverings Expected pursuant to City Resolution, of the City of
Vermillion, South Dakota has been read and the Ordinance has been
considered for the first time in its present form and content as amended
at this meeting being a special called meeting of the Governing Body of
the City on this 11th day of August, 2020 at the Council Chambers in
City Hall in the manner prescribed by SDCL 9-19-7 as amended.
The motion was seconded by Alderman Holland. After discussion, the
question of adoption of the Resolution was put to a roll call vote of
the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y,
Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-
Wise-Y. Mayor Collier-Wise declared the motion adopted.
6. Budget Workshop – 2021 Budget
John Prescott, City Manager, provided an overview of the budget noting
that the budget presented should serve as the starting point for the
process of developing the 2021 budget. John noted that overall this is
a relatively flat budget as to growth but will address some large
projects. John reported that for the property tax revenues the State
regulated inflationary increase is 1.7% plus growth so the budgeted
property tax revenue increased $113,000. John stated that the sales tax
5
revenues budgeted for 2020 and 2021 were kept the same as the effect of
the pandemic are unknown. John stated that the proposed budget supports
a wage adjustment of 2.5% as was approved in the union agreement and
that no changes are proposed in the number of benefited employees. John
noted that proposed budget included a 6% health insurance increase with
the actual premiums not known until later this year. John stated that no
rate increases were currently projected for electric, water and
wastewater utilities for 2021 but that water will need to be reviewed
for possible use of additional funds to prevent an increase in 2021. John
stated that in October we will receive notice of any electric purchase
of power rate increases and wastewater rates are reviewed in April of
each year. John noted that storm water fee would increase 3.3% or an
estimated revenue increase of about $8,875 for the community in 2021.
John reported that the information was presented on the use of the CARES
Act funds at the August 3rd noon meeting and that some direction will be
needed on the use of these funds across the organization. John reported
that the individual departments will be covering the items in their
budget that were revised for 2020 and the 2021 budget items. John stated
that he has included a memo on the funding proposed for the outside
agencies noting that their funding is in the general fund and BBB sales
tax fund which were kept the same due to the uncertainty with sales tax.
John stated that the VCDC is scheduled to make their presentation at the
Monday noon meeting.
The Council started the review of the 2021 proposed budget, as well as
revisions to the 2020 budget, by reviewing the following sections of the
budget with the City Manager and department heads: Policy &
Administration: Code Compliance; Special Funds: 911 Fund; Public Safety
& Security: Police Administration and Investigation, Police Patrol, Fire
and Rescue, EMS/Ambulance, Emergency Management, Human Development and
Leisure: Public Library, Special Funds: Library Fund; Utility Fund: Joint
Powers Landfill, Joint Powers Recycling, Curbside Recycling; Enterprise
Funds: Liquor Store; Special Funds: Second Penny sales tax, BID #1, Debt
Service Funds: Special Assessments, TIF District No. 5, TIF District No.
6, City Hall Debt Service, Prentis Park Debt Service; Internal Service
Fund: Unemployment, Copy/Fax/Postage, Custodial; Maintenance &
Transportation: City Hall Maintenance; Policy & Administration: General
Government, Finance; Outside Organizations Request: General Fund –
Community Services, BBB Fund.
John reviewed the outside agency requests and what funding was included
in the proposed budget.
City Council discussion followed on outside agency funding with the
consensus to include the funding listed in the proposed budget noting
that the VCDC will make their presentation at the August 17th noon
meeting.
6
7. Adjourn
240-20
Alderman Ward moved to adjourn the Council Meeting at 8:15 p.m. Alderman
Price seconded the motion. A roll call vote of the Governing Body was as
follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y,
Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise
declared the motion adopted.
Dated at Vermillion, South Dakota this 11th day of August, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY___________________________________
Michael D. Carlson, Finance Officer
Published once at the approximate cost of ___________.
7
Agenda
City of Vermillion Council Agenda
6:00 p.m. Special Meeting
Tuesday, August 11, 2020
Large Conference Room, City Hall
25 Center St.
Vermillion, SD 57069
(The City Council will be conducting an additional budget
session on Wednesday, August 12, 2020 at 6:00 p.m.
A separate agenda will be posted.)
1. Roll Call
2. Pledge of Allegiance
3. Adoption of the Agenda
4. Visitors to be Heard
5. New Business
a. Emergency Resolution Encouraging Face Covering to be Worn in Public Buildings.
b. First Reading of Emergency Ordinance 1419 to Require Signage at the entrance to buildings open to
the public that states Face Coverings Expected.
6. Budget Workshop – 2021 Proposed
a. Introduction and Overview
b. Policy & Administration
1. Code Compliance
c. Special Funds
1. 911 Fund
d. Public Safety & Security
1. Police Administration and Investigation
2. Police Patrol
3. Fire and Rescue
4. EMS/Ambulance
5. Emergency Management
e. Human Development and Leisure
1. Public Library
f. Special Funds
1. Library Fund
g. Utility Fund
1. Joint Powers Landfill
2. Joint Powers Recycling
3. Curbside Recycling
h. Enterprise Funds
1. Liquor Store
i. Special Funds
1. 2nd Penny
2. BID No. 1
j. Debt Service Funds
1. Special Assessments, TIF District No. 5, TIF District No. 6, City Hall Debt, Prentis Park Debt
1
k. Internal Service Fund
1. Unemployment
2. Copy/Fax/Postage
3. Custodial
l. Maintenance & Transportation
1. City Hall Maintenance
m. Policy & Administration
1. General Government
2. Finance
n. Outside Organizations Request
1. General Fund – Community Services
2. BBB Fund
o. Wrap-up of Budget Items
7. Adjourn
Access the City Council Agenda on the web – www.vermillion.us
Addressing the Council: Persons addressing the Council shall be recognized. Please raise your hand to be recognized, go to the
podium and state your name and address.
a. Visitors to Be Heard: Members of the public may speak now on any topic NOT on the agenda. Remarks are limited to 5 minutes
and no decision will be made at this time.
b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the
mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will
then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and
staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous
consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the
presiding officer at any time.
Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting.
Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on
a City holiday, the meeting will be scheduled for the following Tuesday.
Live Broadcasts of Council Meetings On Cable Channel: Regular City Council meetings are broadcasted live on Cable Channel 3.
As a courtesy to others, we ask that cellular phones and pagers be turned off during the meeting.
Vermillion City Council’s Values and Vision
This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing
and promoting these ideals to a consistently increasing populace.
2
5. New Business; item a
Council Agenda Memo
From: John Prescott, City Manager
Meeting: August 11, 2020
Subject: Resolution promoting the wearing of face masks or face coverings inside of
buildings open to the public
Presenter: John Prescott
Background: Face coverings have been determined to be one of the more effective
measures to reduce the spread of the coronavirus. Social distancing and hand washing or
sanitizing are also very effective measures to help control the spread. Over the last couple
of weeks, the Board of Regents, the Vermillion Public School District, and the City of
Vermillion have adopted policies in regard to the use of face coverings in their buildings.
At the last meeting, the City Council considered, but did not adopt, an ordinance
requiring face covering or face mask in buildings open to the public. Staff was directed to
prepare a resolution which would encourage the use of face masks or face coverings in
buildings open to the public.
Discussion: Two resolutions are attached for adoption consideration. The end result of
both resolutions is to encourage the wearing of face coverings or face masks. One version
of the resolution includes the various exceptions that were provided when the ordinance
to require face coverings or face masks was considered. The other version of the
resolution does not list all of the exceptions, but notes that there are situations where a
face mask or face covering cannot be utilized and encourages individuals in these
instances to use other protective measures.
A resolution does not necessitate the establishment of a fine for not adhering to the
guidance provided. During the discussion on the ordinance requiring a face covering or
face mask, the attorney for the City’s liability insurance company offered that a
resolution would be a better approach than an ordinance.
The Board of Regents will be reviewing the campus face mask/face covering requirement
after 30 days. The School Board will also be reviewing their requirement on a regular
basis. If the resolution is adopted, City staff will place continuation of the resolution on
each agenda during the 60-day life of the emergency resolution.
5. New Business; item a
Financial Consideration: None.
Conclusion/Recommendations: Adoption of a resolution promoting the use of face
masks or face coverings in buildings open to the public appears to be the best
compromise of legal concerns and health recommendation that have been discussed over
the last couple of weeks. Administration recommends adoption of the resolution which
best meets the policy directives of the City Council.
EMERGENCY RESOLUTION CREATING AN EXPECTATION
OF FACE COVERING DURING COVID-19 PANDEMIC
WHEREAS, an outbreak of the COVID-19 disease, 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
especially among older adults and persons with serious underlying health conditions, 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 United States Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, Governor Kristi Noem, issued Executive Order 2020-26 which extended the
previously declared state of emergency to exist in the State of South Dakota in response to the
spread of COVID-19 until December 30, 2020; and
WHEREAS, cases of COVID-19 have been confirmed throughout South Dakota including Clay
County; and
WHEREAS, the CDC and health experts have advised the use of face masks or face coverings
over the nose and mouth will slow the spread of COVID-19; and
WHEREAS, working together now will reduce the widespread proliferation of COVID-19 now
rather than suffering the unfortunate and devastating medical and economic consequences later;
and
WHEREAS, the failure to successfully reduce the spread of COVID-19 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; and
WHEREAS, the South Dakota Board of Regents announced the requirement of face coverings
or face masks for all students, facility, staff and visitors in all public indoor spaces on the
University of South Dakota campus; and
WHEREAS, the Vermillion Public School District will be requiring face coverings or face
masks for students, facility, staff and visitors in school district facilities; and
WHEREAS, the Vermillion City Council has adopted a face covering policy requiring face
coverings or face masks for staff and visitors in city owned building; and
WHEREAS, there is an expectation in the city of the importance of wearing face coverings or
face masks while inside public spaces by all residents, visitors or guests.
NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of Vermillion
that:
1. All persons entering a commercial establishment in the City of Vermillion are
encouraged to wear a face covering or face mask while inside the establishment.
2. All restaurants, retail stores, salons, grocery stores, establishments selling alcohol,
pharmacies, lodging establishments, exercise facilities, establishments offering goods and
services, or soliciting patronage from the general public are encouraged to require their
employees to wear a face covering or face masked at all times while having face-to-face
interactions with the public.
3. The City recognizes that some situations may exist where wearing a face covering or
mask is difficult, impractical, or not necessary. Some of those situations may include:
a. In personal vehicles or at home;
b. When an individual is alone in enclosed spaces such as a private office or only with
other household members;
c. During outdoor physical activity, provided that the active person maintains a
minimum of six (6) feet from other people who are not members of the same
household;
d. While eating, drinking, or smoking;
e. When wearing a face covering causes or aggravates a health condition;
f. When wearing a face covering would prevent the receipt of personal services,
medical or dental services, or is needed for identification purposes;
g. When a person is 12 years of age or younger;
h. When a person has a medical or behavioral condition or disability (including but not
limited to, any person who has trouble breathing, or is unconscious or incapacitated,
or is otherwise unable to put on or remove the face covering without assistance);
i. Is seeking to communicate with someone who is hearing-impaired in a way that
requires the mouth to be visible;
j. Would be at risk from wearing a face covering at work as determined by state or
federal regulations or workplace safety guidelines;
k. An individual has found that a face covering is impeding visibility to operate
equipment or a vehicle;
l. At a religious ceremony or service;
m. For public safety employees and/or emergency responders and/or field employees
engaged in essential functions, when wearing the face covering would interfere with
or limit their ability to carry out their duties or functions;
n. For individuals complying with the directions of public safety employees;
o. At a public meeting held pursuant to the open meeting law if social distancing is
maintained;
p. The facilities for the proceedings of any state or federal courts;
q. County facilities under the governance of Clay County;
r. Educational institutions and their related services under the governance of the Board
of Regents or Vermillion school district.
s. Federal buildings or facilities.
BE IT FURTHER RESOLVED, 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. 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.
Dated at Vermillion, South Dakota this 11th day of August, 2020.
THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
___________________________________
Kelsey Collier-Wise, Mayor
ATTEST:
___________________________________
Michael Carlson, Finance Officer
Adopted: August 11, 2020
Published: August 21, 2020
Effective Date: August 11, 2020
EMERGENCY RESOLUTION CREATING AN EXPECTATION
OF FACE COVERING DURING COVID-19 PANDEMIC
WHEREAS, an outbreak of the COVID-19 disease, 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
especially among older adults and persons with serious underlying health conditions, 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 United States Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, Governor Kristi Noem, issued Executive Order 2020-26 which extended the
previously declared state of emergency to exist in the State of South Dakota in response to the
spread of COVID-19 until December 30, 2020; and
WHEREAS, cases of COVID-19 have been confirmed throughout South Dakota including Clay
County; and
WHEREAS, the CDC and health experts have advised the use of face masks or face coverings
over the nose and mouth will slow the spread of COVID-19; and
WHEREAS, working together now will reduce the widespread proliferation of COVID-19
rather than suffering the unfortunate and devastating medical and economic consequences later;
and
WHEREAS, the failure to successfully reduce the spread of COVID-19 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; and
WHEREAS, the South Dakota Board of Regents announced the requirement of face coverings
or face masks for all students, facility, staff and visitors in all public indoor spaces on the
University of South Dakota campus; and
WHEREAS, the Vermillion Public School District will be requiring face coverings or face
masks for students, facility, staff and visitors in school district facilities; and
WHEREAS, the Vermillion City Council has adopted a face covering policy requiring face
coverings or face masks for staff and visitors in city owned building; and
WHEREAS, there is an expectation in the city of the importance of wearing face coverings or
face masks while inside public spaces by all residents, visitors or guests.
NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of Vermillion
that:
1. All persons entering a commercial establishment in the City of Vermillion are
encouraged to wear a face covering or face mask while inside the establishment.
2. All restaurants, retail stores, salons, grocery stores, establishments selling alcohol,
pharmacies, lodging establishments, exercise facilities, establishments offering goods and
services, or soliciting patronage from the general public are encouraged to require their
employees to wear a face covering or face masked at all times while having face-to-face
interactions with the public.
3. It is also understood that there are individuals that due to health or other reasons cannot
wear a face mask or face covering and/or other situations where face masks or face
coverings cannot be worn and in these instances individuals are encouraged to use other
protective measures such as social distancing.
BE IT FURTHER RESOLVED, 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. 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.
Dated at Vermillion, South Dakota this 11th day of August, 2020.
THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
___________________________________
Kelsey Collier-Wise, Mayor
ATTEST:
___________________________________
Michael Carlson, Finance Officer
Adopted: August 11, 2020
Published: August 21, 2020
Effective Date: August 11, 2020
5. New Business; item b
Council Agenda Memo
From: John Prescott, City Manager
Meeting: August 11, 2020
Subject: First reading of proposed Emergency Ordinance 1419 to require signage
that the wearing of face masks or face coverings is expected inside of
buildings open to the public
Presenter: John Prescott
Background: With the last agenda item, the City Council was considering a resolution to
promote the use of the face coverings or face masks inside of buildings which are open to
the public. The City Council at the August 3, 2020 regular meeting expressed interest in
having a signage requirement that buildings open to the public would need to meet to
help promote a community culture of wearing a face mask or face covering.
Discussion: The proposed signage requirement is that businesses have a sign which reads
Face Mask or Face Coverings are expected. The City has been working with the
University of South Dakota to promote continuity of signage across the community. A
business does not have to use the templates which will be available on the City’s website.
A business would need to provide the same message that face masks or face coverings
are expected. The sign must be at least 8.5” x 11” and placed at the entrance or entrances
to the business. A sample of the template is included with the packet.
The proposed ordinance is an emergency ordinance to provide the City Council with the
ability to more quickly implement the requirement to address the ongoing, immediate
health issue. An emergency ordinance would have a life of 60 days. If adopted, the
second reading of Emergency Ordinance 1419 would be part of the regular meeting
agenda on Monday, August 17, 2020. City staff would place the continuation of the
signage requirement on each regular meeting agenda during the 60 days to provide the
opportunity to discuss continuing the requirement.
As with all ordinances, a fine needs to be established. Generally, the fine for violation of
an ordinance is set with the second reading of an ordinance. The fine would be in
addition to current court costs of $72.50.
5. New Business; item b
Enforcement of the sign ordinance will be the responsibility of the Code Compliance
staff. These employees handle other signage related matters for the City.
Financial Consideration: None.
Conclusion/Recommendations: Administration recommends approval of the first
reading of Emergency Ordinance 1419 to help promote the community culture of face
covering / face mask wearing inside of buildings open to the public.
EMERGENCY ORDINANCE NO. 1419
AN EMERGENCY ORDINANCE TO REQUIRE SIGNAGE AT THE ENTRANCE TO
BUILDINGS OPEN TO THE PUBLIC STATING THAT FACE COVERINGS ARE
EXPECTED TO HELP SLOW THE SPREAD OF COVID 19 (CORONAVIRUS).
WHEREAS, the City of Vermillion (City) has the authority pursuant to SDCL 9-29-1 and 9-32-1
to enact ordinances for the purpose of promoting the health, safety, morals, and general welfare,
of the community; and
WHEREAS, an outbreak of the COVID-19 disease, 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
especially among older adults and persons with serious underlying health conditions, 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 United States Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, Governor Kristi Noem, issued Executive Order 2020-26 which extended the
previously declared state of emergency to exist in the State of South Dakota in response to the
spread of COVID-19 until December 30, 2020; and
WHEREAS, cases of COVID-19 have been confirmed throughout South Dakota including Clay
County; and
WHEREAS, the CDC and health experts have advised that the use of face masks or face coverings
which cover the nose and mouth will slow the spread of COVID-19; and
WHEREAS, working together now will reduce the widespread proliferation of COVID-19 rather
than suffering the unfortunate and devastating medical and economic consequences later; and
WHEREAS, the failure to successfully reduce the spread of COVID-19 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;
and
WHEREAS, the South Dakota Board of Regents announced the requirement of face coverings or
face masks for all students, facility, staff and visitors in all public indoor spaces on the University
of South Dakota campus as classes begin based on their tiered approach to face coverings to
address COVID-19; and
WHEREAS, the Vermillion Public School District will be requiring face coverings or face masks
for students, facility, staff and visitors in school district facilities; and
WHEREAS, the Vermillion City Council has adopted a face covering policy requiring face
coverings or face masks for staff and visitors in city owned building; and
WHEREAS, the City of Vermillion joins the University of South Dakota and the Vermillion
Public School District, in setting a community expectation that masks will be worn while in indoor
public spaces to reduce the spread of COVID-19; and
WHEREAS, the City recognizes that while it may not always be practical or necessary for patrons
to wear masks or face coverings in all situations, the City wishes to help cement a community-
wide culture that emphasizes respect for the health and safety of workers, residents, and visitors
by wearing masks or face coverings when in buildings open to the public.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the City of Vermillion
that:
1. All restaurants, retail stores, salons, grocery stores, establishments selling alcohol,
pharmacies, lodging establishments, exercise facilities, establishments offering goods and
services, or soliciting patronage from the general public that are open to the general public
will be required to post a sign at their entrance no smaller than 8.5” x 11” that indicates
that “masks or face coverings are expected pursuant to Emergency Ordinance 1419.”
2. 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 restriction contained in this ordinance may be modified at any time
by a resolution of the City Council.
3. Any violation of this ordinance is subject to a fine set by resolution in compliance with the
general penalty provision in Section 10.99 of the City of Vermillion Municipal Code. Each
day a violation of this ordinance is allowed to occur is considered a separate offense.
BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this ordinance 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 at Vermillion, South Dakota this 17th day of August, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY______________________________
Michael D. Carlson, Finance Officer
First Reading: August 11, 2020
Second Reading: August 17, 2020
Effective Date: After adoption or specified date
B
YCI
TYR
ESO
LUT
IO
N
Get email alerts for Vermillion
A daily email when new agendas and minutes are posted.