City passes emergency ordinance

At 12:01 a.m. tomorrow, Thursday, April 9, an ordinance declaring a public health emergency  will go into effect, which will require some businesses to temporarily shutter  while others will be forced to change the way they do business in an effort to battle COVID-19.

The second and final reading of the ordinance was passed at a special meeting of the Custer City Council last Thursday and will go into effect the day after it is published, which is in this week’s issue of the Chronicle.  Proposed legislation to allow ordinances to take effect earlier during this pandemic was shot down earlier this week by the state legislature.

The ordinance will require all restaurants, food service locations, food courts, coffee houses, bars, breweries, distilleries, clubs, cafes and other similar places of public accommodation offering food and beverage for on-site consumption be closed to on-site customers, but may still offer take-out, delivery, curbside service and drive-though.

In addition, all churches, recreational facilities, public pools, health clubs, athletic facilities, theaters and music and entertainment venues are to close. All other retail and service businesses in which more than 10 people are gathered or permitted to gather in the facility are directed to close. 

Excluded from this are grocery stores, retail and service businesses in which fewer than 10 people are gathered or permitted to gather in the facility, pharmacies, drug stores, food pantries and health care facilities. 

In other words, retail businesses except those explicitly named above can stay open provided they don’t allow more than 10 people to congregate at once inside their store. Family Dollar and Dollar General fall into the “grocery store” category under the ordinance and will be allowed to remain open. The council may further define what businesses are “essential” at a future meeting.

The ordinance has no stated end date, but will be in effect until such time it is suspended or repealed. The council will discuss whether or not the ordinance is still needed at every council meeting until such time the council deems it is safe to lift the rules.

One letter in support of the ordinance was read aloud before the vote was taken, which came from former council president Duane Murphey who said the population of Custer is particularly vulnerable, as the town has an older population with underlying health issues.

Murphey said the council should strengthen its language to ensure that “only essential business is conducted under this ordinance.” Murphey argued there are businesses remaining open because they “have a coffee and bagel available.”

“I sympathize with business owners during these dark times, but our very lives are at stake,” the letter read.

Murphey proposed the ordinance be modified to define “essential” businesses that are allowed to remain open must derive at least 50 percent of their  annual revenue from essential products and services.

“Otherwise anyone with a coffee pot and a piece of toast can remain open,” he wrote.

Other letters, both in support and against the ordinance, were submitted to the city and can be obtained through the city.

Mayor Corbin Herman thanked the businesses and citizens of the city, saying it’s not easy for the council to make “these tough decisions,” while adding the support the council has received has been overwhelming.

Alderwoman Jeannie Fischer added her thanks to the businesses that have already shuttered or altered how they do business in an effort to go along with Centers for Disease Control protocols for social distancing.

Alderwoman Kris Blom said she thinks it is wonderful everyone is pulling together to keep their fellow citizens safe.

“That’s what a community is all about,” she said.

As far as deciding what is an essential business, city attorney Chris Beesley said it’s possible the council could address that at a future meeting, but first needed to pass the ordinance that was on the table. He said he felt the ordinance is a good framework for any future changes.

Herman said, while the ordinance may seem harsh on local businesses, he reminded everyone that “80 percent of the population is sheltering at home.”

“By doing this, maybe we can slow it down and lengthen the time before we have to do that,” he said.

When the legislature met last week, Gov. Kristi Noem signed into law several bills aiming to help the state navigate the novel coronavirus pandemic. 

The nine bills were among 11 proposed measures lawmakers considered Monday during veto day. Debate on the measures lasted more than 16 hours and final votes were cast after 3 a.m. Tuesday, according to the Sioux Falls Argus Leader. 

Two bills did not make it to Noem’s desk. One of those would have given extensive powers to the secretary of the Department of Health while the other would have allowed county governments more power to manage emergencies on par with a power city governments already have.

Among the bills passed were:

• HB 1298: Postpones all elections in the state scheduled from April 14 to May 26. Elections will be rescheduled to a Tuesday in June and could be set on June 2 to coincide with the state’s primary election.

• SB 187: Expands unemployment insurance to people who lost work or jobs because of the pandemic. 

• SB 188: Allows the governor to waive the minimum number of instructional hours required for schools. 

• SB 189: Waives standardized tests and certain reporting requirements otherwise mandated in state law, including fire drills at schools. 

• SB 190: Allows the governor to waive expirations for driver and commercial driver licenses until July 1, 2021. 

• SB 192: Creates a small business loan fund of $10.5 million from other sources in state government. The bill allows small businesses to apply for loans up to $75,000. 

• SB 193: Revises the amount of money for the state’s unemployment insurance program now that more than $93 million in federal funding is available.

The Department of Labor and Regulation reminds unemployment insurance claimants to request a weekly payment by calling 626-3212 after 5 p.m. or by filing online at RAclaims.sd.gov anytime.

Benefits are not automatically paid out, even though the work search requirement is currently waived.

 “The claim week begins on Sunday and ends on Saturday at midnight,” said state Labor and Regulation secretary Marcia Hultman. “Your weekly request for payment will be filed for the previous week and you cannot file for the week until it is over.”

Video tutorials have been created on the weekly request process and on other quick links and options available to a claimant when logged in, such as updating addresses or changing payment methods. Visit bit.ly/UIpayment for these videos and more.

 To ensure benefits are not denied, file a weekly request for payment in a timely manner. Claimants have seven days from the end of the week to file for the previous week. All weekly requests for payment are recorded at Central Daylight Time.

If a claimant does not file a weekly request for payment within that one week filing time, they will need to call customer service at 626-2452. To cancel a claim, email your name and last four digits of Social Security number to CancelRA@state.sd.us.

Senate Bill 190, which was passed Monday by state legislators on the session’s final day, gives DPS cabinet secretary Craig Price the authority to order the extension of the expiration date for an operator’s license, motorcycle operator’s license, restricted minor’s permit, motorcycle restricted minor’s permit and non-driver identification card. The legislation also allows the DPS secretary to order the extension of the expiration date for a commercial driver’s license or commercial learner’s permit.

“Since the COVID-19 emergency, the state’s driver licensing program has received several hundred calls each day from citizens worried about renewing their driver license or ID card,” said Price. “I have authorized the driver  licensing program to extend these expiration dates for the length of the governor’s state of emergency for COVID-19, beginning March 13, through the duration of the emergency declaration plus an additional 90 days.”

State driver license exam stations are currently closed through May 2. For online renewals, click onto dps.sd.gov/driver-licensing/renew-and-duplicate/renew-online.

On the school front, all students are required to participate in distance education in order to meet graduation requirements and/or pass their classes. This is not optional. If students do not participate, they may be required to attend summer school and possibly even be retained.

If you know of someone in need of assistance, contact the school district so it can reach out to them. For questions or concerns, contact principal Orion Thompson orion.thompson@k12.sd.us or administrative assistant Jan Wilson jan.wilson@k12.sd.us  or call and leave a message at 673-4473.

For students who need internet access, the access being provided is meant for schoolwork, not recreation. 

For questions, send an email to CusterTechDepartment@k12.sd.us.

 Custer County Library has added another access point at the west end of the building (closest to the parking lot) to allow students to access the internet. Connect to “Custer County Library.” There is no password.

Custer High School has added two access points aimed into the main parking lot. Custer Elementary has added two access points aimed into the main parking lot. Custer Administrative Office has aimed two access points into the parking lot. One is aimed toward the north parking lot and one toward the southwest parking lot.

Hermosa Library had its internet provider increase its bandwidth, allowing access from the parking lot. Hermosa School has two access points close to the parking lot. If access becomes spotty, more can be added.

Those looking to help in the fight against the virus can donating unused personal protection items to help physicians and caregivers fighting this disease on the front lines. As the global pandemic of COVID-19 spreads to the Black Hills, Monument Health is facing unprecedented challenges with its supply chain. 

Based on statewide projections, the number of positive COVID-19 patients is expected to rise. Caring for these patients requires significant personal protective equipment (PPE). At this time, Monument Health Custer Hospital and Clinic has a supply of the necessary equipment. However, as the global pandemic continues to disrupt supply chains, it will be a challenge to obtain more PPE.

Those who are able are asked to consider donating new and unused:

• Ear loop masks

• N-95 respirator masks

• Surgical isolation masks

• Isolation masks with visors

• Full face shields (with forehead straps)

• Eye shields

• Goggles

• Isolation gowns

• Disinfectant bleach wipes

• Hand sanitizers

• Nitrile gloves (any size)

• Hand-sewn masks

People with sewing skills can help out by making cloth surgical masks. There are specific fabric and design requirements that must be followed. 

Custer County Library  is coordinating the collection of donated items. Call 673-4803 for more information. To donate items, call the library to make an appointment and someone will meet you curbside to collect the donation. 

They will be available for appointments during normal business hours (11 a.m. to 5:30 p.m. Monday, Tuesday, Thursday and Friday, 3-7 p.m. Wednesday and 10 a.m. to 3 p.m. Saturday).

Globally there have been 1,386,905 documented cases of the virus, resulting in 79,071 deaths. Over 300,000 people have recovered. In the U.S., there have been 380,743 cases, with 11,907 deaths and 21,309 recoveries.

In South Dakota, there are 320 cases to date, of which 216 are active. There have been six deaths in the state caused by the virus.