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Home My WebLink AboutA002 - Memo from City Attorney dated November 24, 2020 Item No. 37 CITY OF � A m e S MEMO Caring People•Quality Program)• F_xceptiona!Servin To: Mayor and City Council Members 3 vd From: Deb Schildroth. Assistant City Manager Date: November 24. 2020 Subject: Responses for Face Covering Ordinance At the November 101' meeting. City Council began its discussion of extending the expiration of the Face Covering ordinance. In preparation of reviewing the first reading of the modified ordinance at the November 241' meeting. Council approved soliciting opinions in favor or against the ordinance from the following organizations that the City partners with: • Story County Board of Health • Iowa State University • Mary Greeley Medical Center • McFarland Clinic All four organizations responded in favor of continuing the Face Covering ordinance. Those responses are attached to this memo. Thank you City Manager's Office 515 239 5101 main 515 Clark Ave. 515 239.5142 fax Ames.IA 50010 www.CityetAmes.org -----Original Message----- From: Dieter, Brian<dieter@mgmc.com> Sent: Wednesday, November 18, 2020 1:56 PM To: Deb Schildroth <deb.schildroth@cityofames.org> Subject: Re: City of Ames Face Covering Ordinance [External Email] Deb- As President and CEO of Mary Greeley Medical Center, I support an extension of the Ames face covering ordinance beyond Dec. 31, 2020<x-apple-data-detectors://0>. We are in another significant wave of the COVID-19 pandemic,with positivity rates and hospitalization rates on the rise. Many medical experts predict this wave will continue into the new year.There are several reasons to suspect this will be the case. First,the holiday season will bring many people together, despite admonishments to avoid large gatherings. In fact, a recent national survey indicated that nearly 40%of U.S. residents plan to participate in gatherings of 10 or more people this holiday season. Also, one-third of the survey respondents said they wouldn't ask attendees at holiday parties with family or friends to wear masks, and just over 25% indicated that they wouldn't practice social distancing. We are clearly up against COVID-19 fatigue. Contributing to concerns is the cold weather,which will result in people being in closed spaces more with limited ventilation. Extending the face covering ordinance will send a message that we need to be diligent in our efforts to control the spread of the pandemic. Brian Dieter President and CEO Mary Greeley Medical Center Ames, IA 50010 From:John Paschen<jpaschen mcfarlandclinic.com> Sent: Monday, November 16, 2020 8:25 AM To: Deb Schildroth<deb.schildroth@cityofames.org> Cc: Stephanie L.Jones<SJones@storycountyiowa.gov>; mollylee [CFSPH]<mollylee@iastate.edu>; Lisa K. Heddens <LHeddens storycountyiowa.goy>; Louisa Tabatabal<Louisatabatabai39@gmail.com>; Mark Speck<mspeck3680@aol.com>; Dr.John Kluge<]kluge@iastate.edu> Subject: Re: City of Ames Face Covering Ordinance [External Email] Deb, Reviewed your ordinance. First, and foremost I would most emphatically recommend you extend. If you MUST put a sunset clause on it I would do March 31st. But I would rather it be kept open. We do not know how the vaccine will change the COVID landscape. The BOH can always give you guidance, if you wish. The recommendations from the CDC is children 2 and older should wear a face covering. I would change to 2 yo. I am not sure why you chose 3yo. I would consider a penalty section be added. You can word it like the BOS did. But the reason to have it is IF Governor Reynolds sees the light and allows local communities to do their own mask ordinance,you already have the penalties written in. An ordinance without penalties is a suggestion. And wearing a mask deserves more importance than a "suggestion". I also notice you do not mention what a face covering is. I would recommend you review our definition and include that. I would, however. leave out face shields as an appropriate face covering. When we wrote ours it was felt a face-shield was adequate. That is no longer the case. We are actually considering changing that in our mask ordinance for the County. Thanks for reaching out. Let me know if you need anything else. John Paschen,Story County BOH. bi John Paschen, MD McFarland Clinic I Pediatrics 1215 Duff Ave Ames IA 50010 t:(515)239-4569 1 e iaaschenCcDmcfarlandclinic.com Extraordinary Care, Every Day From: Bowers, Robert J [P SAFI <rjbower@iastate.edu> Sent:Thursday, November 19, 2020 2:52 PM To: Deb Schildroth<deb.schildroth@cityofames.org> Subject: RE:City of Ames Face Covering Ordinance -Follow Up [External Email) Deb, I heard back from Chief Newton and he asked me to let you know that ISU plans to continue with our face covering requirements and that we support the City of Ames continuing with theirs as well. Thanks Rob From: Roger Kluesner<rkluesner@mcfarlandclinic.com> Sent: Monday, November 16, 2020 8:55 AM To: Deb Schildroth <deb.schildroth@cityofames.org> Subject: Fwd: Scan from McFarland Clinic [External Email] Deb, Thank you for reaching out to the community for input on face coverings. I have attached McFarland Clinic's Mask Up Position Statement along with a Press Release which was issued on August 5. 1 appreciate your efforts to see that our community Masks Up. Roger K Roger Kluesner Chief Operating Officer I Administration McFarland Clinic 11215 Duff Ave Ames IA 50010 t:(515)239-4484 1 e: rkluesnerO-mcfarlandclinic.com Extraordinary Care, Elvery Day Press Release Release: Contact: August 5,2020 Shelley Goecke Marketing&Public Relations Director sgoecke@mcfarlandclinic.com 515-239-4403 MCFARLAND CLINIC SUPPORTS UNIVERSAL MASKING AMES,Iowa-08/05/2020 McFarland Clinic, Iowa's largest physician-owned,multi-specialty clinic,fully supports universal masking within its facilities and the communities it serves. "In response to the national public health emergency,we believe universal masking Is an Important first line of defense against COVID-19 to ensure the health and safety of everyone following CDC guidelines,"stated Todd Berryhill,MD,Chair of the McFarland Board of Directors. "We took precautionary measures early in the pandemic by Implementing a universal masking policy within our facilities. To support the health and well-being of the communities we serve,we advocate a temporary mandate for universal masking indoors at businesses,schools,and social gatherings and we encourage masking in gatherings outside." McFarland Clinic implemented a Universal Masking Policy at all of its facilities on April 13,2020. All patients, visitors,and staff are required to wear a mask while at the Clinic. Staff at entrance doors screen patients for symptoms,COVID testing status,and ensure everyone has a mask or one is provided. "The idea behind wearing a mask is to protect others from you. It is possible that you can unknowingly have COVID-19 and be contagious to others,"said Dr Berryhill."A mask provides an extra barrier and layer of protection for everyone's benefit.Wearing a mask Is Important to reduce the spread of the virus and prevent more Infections." About McFarland Clinic McFarland Clinic Is Iowa's largest physician-owned,multi-specialty clinic with 50+medical specialties and services.Over 300 McFarland Clinic healthcare providers and 1,000 staff members serve residents in 12 Iowa communities with additional communities served by visiting specialists. McFarland Clinic provides easy and convenient access to preventative,chronic and acute care with the ability to schedule appointments in office, by phone or through video visits.Patients of McFarland Clinic also benefit from a patient website,MyChart,to access medical records and communicate electronically with the doctor's office. For more information or to contact McFarland Clinic,go to McFarlandClinic.com. Mask Up Position Statement A national public health emergency has been declared as a response to the COVID-19 outbreak. McFarland Clinic believes universal masking is an important first line of defense against this virus to ensure the health and safety of everyone following CDC guidelines. We took precautionary measures early in the pandemic by implementing a universal masking policy within our facilities.To support the health and well-being of the communities we serve,we advocate a temporary mandate for universal masking indoors at businesses,schools,and social gatherings and we encourage masking in gatherings outside. Social Media Infographic nationalpublic health emergencybeen declared as a response to the COVID-19 outbreak. McFarland Clinic believes• is an importantof defense against • ensure the health and safety of •ne following CDC guidelines. We too precautionary pandernic by • • a universal masking policy within our • support • well-being of communities • • , temporary • , for • indoorsbusinesses, schools, • social gatherings, and we encourage masking at gatherings • • - MASK UPI. RISK OF TRANSMISSION COVID Carrier VERY HIGH HIGH - LOW VERY LOW � 6+ FEET McFarland Clinic ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY EXTENDING THE SUNSET CLAUSE DATE IN SECTION 17.37 THEREOF, FOR THE PURPOSE OF FACE COVERING REQUIREMENT REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by extending the Sunset Clause Date as follows: "Sec. 17. 37 FACE COVERING REQUIREMENT: SUNSET CLAUSE: This ordinance expires and becomes null and void after June 30, 2021, unless the date in this clause is amended or the ordinance is sooner repealed." Section Two.All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , Diane R.Voss,City Clerk John A.Haila,Mayor