7.1

Town of Boone
AGENDA ITEM ACTION REQUEST
FORM

This form must be completed and attached to all supporting documentation for items to be
included in the Town of Boone Council agenda. One (1) form per agenda item.

Submitted By: Allison Meade

Department: Town Attorney

Contact Phone # 828-865-5555

Date Submitted:May. 12, 2020

Email: ameade@meade-law.com
Date of Council Meeting to Consider this item: May 21, 2020
Council Action Requested: For Action
Draft COVID-19 Pandemic State of Emergency Declaration

Summary of Information:
Attached please see a draft State of Emergency (SOE) Declaration produced per Council’s
instructions at its May 7 meeting, with some subsequent additional input from Member
Furgiuele. I have included some questions and comments that arose as I drafted. They are
attached at page 7 behind the draft Declaration.
I have also included a comparison chart as to the proposed Town restrictions, the Governor’s
Executive Order 138 SOE restrictions, and Watauga County’s current SOE restrictions.

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 TOWN OF BOONE AMENDED STATE OF EMERGENCY DECLARATION
May __, 2020
WHEREAS, the novel coronavirus SARS-CoV-2 (hereinafter, “COVID-19” or “coronavirus”)
has been declared a pandemic by the World Health Organization; the Governor of North Carolina has
declared a State of Emergency and imposed restrictions as delineated in certain Executive Orders; and
cases of COVID-19 have been confirmed within the borders of Watauga County; and
WHEREAS, in light of the COVID-19 pandemic, the Mayor of Boone determined that there
was an imminent threat of, or existing conditions have caused or will cause, widespread or severe
damage, injury, or loss of life or property, and that a declaration of emergency is necessary in order to
more effectively protect the lives and property of people within the Town of Boone; and
WHEREAS, the Town of Boone is located within Watauga County, and Watauga County
declared a state of emergency on March 14, 2020; and
WHEREAS, on March 14, 2020, pursuant to N.C.G.S. 166A-19.22(b)(2) and Town Code
Chapter 101, the Mayor issued a Declaration whereby the Town of Boone consented to application
within the Town limits of the Declaration of a State of Emergency issued by Watauga County; and
WHEREAS, Watauga County issued amended Declarations of a State of Emergency on March
26, March 30 and March 31 superseding the original Declaration of a State of Emergency in order to
impose certain additional restrictions as described in said amendments; and
WHEREAS, the Mayor determined that said additional restrictions imposed by the County were
appropriate and necessary in order to more effectively protect the lives and property of people within
the Town of Boone, and issued superseding Declarations of a State of Emergency consenting to
application of said Watauga County Declaration of a State of Emergency; and
WHEREAS, as of May 12, 2020 there had been at least 15,346 cases of confirmed COVID-19
in the State of North Carolina, and approximately 577 persons had died from the coronavirus; and
WHEREAS, as of this date, the manner and rate of spread of the coronavirus remains
significantly uncertain; and
WHEREAS, there continues to be community spread of COVID-19 in communities throughout
North Carolina and the United States, and testing infrastructure remains inadequate for authorities to
fully grasp where, how and at what rate the coronavirus is spreading; and
WHEREAS, hospital administrators and health care providers have expressed concerns that
unless the spread of COVID-19 is limited, existing health care facilities may be insufficient to care
for those who become sick; and

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

7.1.a

 WHEREAS, slowing and controlling community spread of COVID-19 is critical to
ensuring that our community’s healthcare facilities remain able to accommodate those who
require medical assistance; and
WHEREAS, as of May 12, 2020 North Carolina's daily case counts of COVID-19 continue to
increase in the context of increased testing, demonstrating the state must remain vigilant in its work to
slow the spread of the virus; and
WHEREAS, there has recently been a significant rise in the number of confirmed COVID-19
cases in counties near to Boone, including in Wilkes and Burke Counties; and
WHEREAS, the risk of COVID-19 transmission remains high, particularly with regard to indoor
settings with an increased likelihood of close contact; and
WHEREAS, the Town of Boone is a destination spot for travelers and visitors from all over
North Carolina and the United States, including from states with much higher per capita rates of COVID19 infection that the State of North Carolina or Watauga County; and
WHEREAS, evidence indicates that masks and cloth face coverings are effective to reduce airborne transmission of the coronavirus; and
WHEREAS, the Boone Town Council finds and declares that as a result of COVID-19, there
continues to be an imminent threat of, or existing conditions have caused or will cause, widespread or
severe damage, injury, or loss of life or property, and that a declaration of emergency is necessary in
order to more effectively protect the lives and property of people within the Town of Boone; and
WHEREAS, the Boone Town Council finds and declares that the restrictions and prohibitions
imposed pursuant to this Declaration are appropriate and necessary in order to slow and prevent the
transmission of COVID-19 and more effectively protect the lives and property of people within the
Town of Boone; and
WHEREAS, N.C. Gen. Stat.§166A-19.31(b) and Town Code §101.02 authorize the Boone
Town Council to prohibit and restrict the movement of people in public places; to place prohibitions
and restrictions on the operation of offices, business establishments, and other places to or from which
people may travel or at which they may congregate; and to regulate or prohibit other activities or
conditions the control of which may be reasonably necessary to maintain order and protect lives or
property during the state of emergency;
NOW, THEREFORE, pursuant to the authority vested in the Boone Town Council under
N.C.G.S. §166A-19.22, N.C.G.S. §166A-19.31, and Chapter 101 of the Town of Boone Code of
Ordinances, the Boone Town Council declares the following:
Section 1. This amended Declaration of a State of Emergency supersedes and replaces the
previously issued Declaration of Emergency issued by the Mayor and shall apply within the corporate
limits of the Town of Boone as provided herein.

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

7.1.a

 Section 2. The following emergency restrictions and prohibitions shall apply within the
corporate limits of the Town of Boone:
1. DEFINITIONS. For purposes of the following provisions, “Retail Business” means any business in
which customers enter a space to purchase goods or services, including but not limited to grocery
stores, convenience stores, large-format retail stores, pharmacies, banks, ABC stores, hardware
stores, and vehicle dealerships.” “Establishment open to the public” includes any place of business
(including but not limited to Retail Businesses, service businesses, and restaurants), Town office,
non-profit office, or other place where members of the public are permitted to and do enter to obtain
goods, services, information or assistance
. “Establishment open to the public” shall not be
deemed to include County or State offices
.
2. For clarification, all restrictions and prohibitions set forth in the Governor’s Executive Orders, as
such may be amended from time to time, shall apply in the Town of Boone.
3. For clarification, the Town continues to consent to the application in the Town limits of Watauga
County’s currently effective Declaration(s) of State of Emergency, for so long as said County
Declaration is effective. The restrictions and prohibitions in the County Declaration include but are
not necessarily limited to the following:
a. all playgrounds, courts, and picnic shelters in Watauga County and its municipalities shall
be closed until further notice. The closure includes school playgrounds. Childcare facilities
still operating shall be exempt from this directive;
b. all residents and non-residents of Watauga County arriving for overnight stays are ordered,
while present in the County, to self-quarantine for a period of 14 days or 7 days after
symptoms have resolved, whichever is longer, if arrival was preceded by overnights outside
the County. The only exceptions to this provision are the commuting “essential” workforce
and emergent response as coordinated through the Watauga County Emergency Services
Director, AppHealthCare Director, and/or Sheriff and their designees; and
c. subject to certain exceptions and limitations set forth in the County’s Declaration, all lodging,
short-term rentals and other fee based overnight accommodations for a period of less than
thirty (30) days shall be prohibited for property within Watauga County for the duration of
the County’s State of Emergency, unless otherwise deemed allowable by the County
Manager, at which time an amendment will be issued. Short-term rentals shall include, but
not be limited to: Air bed and breakfasts, campgrounds, timeshare units, condos, hotels,
motels, resorts, inns, RV parks, vacation cabins, home rentals, VRBO, and other rental
programs or places where leases are for less than 30 days duration.
4. For the reasons and on the authority set forth, herein, the Town hereby adopts the following
restrictions and prohibitions in this Declaration:
d. All Town meetings shall be held remotely; except that Board of Adjusment meetings are
postponed for 60 days, prior to the expiration of which Town Council will consider whether
and how such meetings may resume;
e. Social distancing (6’ per current guidance) must be maintained in all establishments open to
the public, in all places of employment, and in all public areas
, except as between
persons who are members of the same household;

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

7.1.a

 7.1.a

), shopping aisles shall

g. To the extent reasonably available, hand sanitizer or other disinfectant shall be offered to
customers of all establishments open to the public as customers enter and leave the premises;
h. Employees of establishments open to the public must wear masks or other face coverings
that comply with current public health guidance (i.e., cover nose and mouth and go under
chin) and disinfect their hands between each interaction with the public that involves
exchange of a physical item that could enable surface-to-hand transmission of the
coronavirus (e.g., check-out cashier handling customers’ money or credit cards);
i. Restaurants may use only disposable menus to hand out to customers;
j. Employees of establishments open to the public must be subject to a daily screening process
before the employee begins work to check for COVID19 symptoms, by means of a standard
interview questionnaire of symptoms. Such a screen may, but is not required to be, that
offered by the NC Department of Health and Human Services. Employees shall not be
permitted to work if they have any symptoms, unless current testing confirms that they are
not infected with Covid-19, and shall self-isolate as per subsection (j) below;
k. [Isolation requirements for persons arriving from outside Watauga County]
[Option 1a] All persons (residents and non-residents) who have overnighted outside Watauga
County prior to arriving in the Town of Boone for overnight stays are ordered, while present
in the Town, to self-isolate at their residences for a period of 14 days
. The only
exceptions to this provision are emergency responders as coordinated through the Watauga
County Emergency Services Director, AppHealthCare Director, and/or Sheriff and their
designees; provided, however, that this subsection does not apply to a person who is
confirmed by current testing not to be infected with COVID-19
.; and
[Option 1b] Except for commuters who regularly work in Watauga County, all persons
(residents and non-residents) arriving in the Town of Boone who previously overnighted
outside Watauga County, whether such persons are visiting the Town for the day or staying
overnight, are not permitted to enter any establishment open to the public or any other indoor
public area
in the Town limits unless and until such time as they have self-isolated in
Watauga County for an uninterrupted overnight stay of at least 14 days; provided, however,
that this subsection does not apply to a person who is confirmed by current testing not to be
infected with COVID-19
; and
[Option 2] This subsection (i) concerning self-isolation requirements shall expire July 15,
2020 unless previously extended by action of Town Council.
l. Any person displaying COVID19 symptoms must isolate themselves as specified per public
guidance issued by the CDC, subject to any other or additional guidance issued by the
person’s healthcare provider or by the local health department (AppHealthcare) (see
Attachment A hereto for current CDC guidance); and
m. PENALTY: In enforcing this Declaration, law enforcement officers are specifically
authorized to issue warning citations. However, repeat violations or an egregious first
violation manifesting willful flouting or circumvention of this Declaration shall constitute a
class 2 misdemeanor as provided at G.S. §166A-19.31(h
).

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

f. In Retail Businesses that can accommodate it (e.g., grocery stores
be one-way;

 Section 3. The restrictions and prohibitions set forth in this Declaration of a State of Emergency
shall be effective within the corporate limits of the Town of Boone beginning on ___________, 2020
and shall remain in effect until further notice.
DECLARED this the _______ day of ____________, 2020.
___________________________________________
Rennie Brantz, Mayor
ATTEST:
_______________________________________________
Nicole Harmon, Town Clerk

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

7.1.a

 7.1.a

Per current guidance of the Centers for Disease Control, a person who has experienced
COVID-19 symptoms should remain isolated and should not return to work until:
1. A person who has not had a test to determine if he or she is still contagious can leave
home after these three things have happened:
a. the person has had no fever for at least 72 hours (that is three full days of no fever
without the use of medicine that reduces fevers), AND
b. other symptoms have improved (for example, cough or shortness of breath have
improved) AND
c. at least 10 days have passed since the symptoms first appeared
2. A person who has had test to determine if he or she is still contagious can leave home
after these three things have happened:
a. the person no longer has a fever (without the use of medicine that reduces fevers);
AND
b. other symptoms have improved (for example, when your cough or shortness of
breath have improved) AND
c. you received two negative tests in a row, at least 24 hours apart, per CDC
guidelines.
3. A person who did not have COVID-19 symptoms, but tested positive and home isolated
can leave home under the following conditions:
a. If you have not had a test to determine if you are still contagious, you can leave
home after these two things have happened:
i. At least 10 days have passed since the date of your first positive test AND
ii. you continue to have no symptoms (no cough or shortness of breath) since the
test.
b. If a person has had a test to determine if he or she is still contagious, the person
can leave home after receiving two negative tests in a row, at least 24 hours apart,
per CDC guidelines.

Source:

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Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

Attachment A

 Attachment: Municipal COVID19 SOE proposal AMM DRAFT 5-12-20 (Draft COVID-19 Pandemic State of Emergency Declaration)

7.1.a

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 Proposed Town Restrictions

Governor’s Executive Order 138

County SOE Declaration

DURATION
Until vaccine is available or otherwise directed
by Town Council

DURATION
Unknown, depends on Phase and specified metrics. Current restrictions in
place until at least May 22, then Phase II will ease some restrictions

DURATION
Follows Governor’s executive orders
except as noted below

APPLICABILITY
If enacted, would apply in Boone town limits

APPLICABILITY
Statewide

APPLICABILITY
Currently applicable in the County and
in the Town of Boone by consent

1. All Town meetings to be held remotely;
BOA meetings put on 60-day hiatus then
revisited by Council.
2. Social distancing (6’ per current guidance)
mandated in all commercial/retail
establishments and in all other public areas,
except as between persons who are members
of the same household

County meetings to be held remotely
• As to individuals, social distancing (6’) is recommended
• As to individuals, mass gatherings of more than 10 persons is prohibited
• Retail Businesses** are:
o required to limit customer occupancy so as to allow social distancing, and
to direct customers to maintain social distancing
o required to “Post signage at the main entrances that reminds people to stay
six (6) feet apart for social distancing, requests people who are or who
have recently been symptomatic not to enter, and notifies customers of the
Retail Business's reduced capacity”
o required to “Direct customers to stay at least six ( 6) feet apart from one
another and from workers, except at point of sale if applicable.”
o required to “Mark six (6) feet of spacing in lines at point of sale and in
other high-traffic areas for customers, such as at deli counters and near
high-volume products”
o recommended to direct employees to social distance from customers

3. In commercial establishments that can
accommodate it (i.e., grocery stores),
shopping aisles shall be one-way

• Recommended for high-volume Retail Businesses such as grocery stores and
pharmacies

4. To the extent reasonably available, hand
sanitizer or other disinfectant shall be offered
to customers of all retail establishments as
they enter and leave the premises

• Retail Businesses are required to “provide, whenever available, hand
sanitizer (at least 60% alcohol); systematically and frequently check and
refill hand sanitizer stations; and provide soap and hand drying materials at
sinks.”

Per Governor’s Executive Orders

Per Governor’s Executive Orders

Per Governor’s Executive Orders

** Retail Businesses are defined as follows in Executive Order 138: “any business in which customers enter a space to purchase goods or services, including but
not limited to grocery stores, convenience stores, large-format retail stores, pharmacies, banks, ABC stores, hardware stores, and vehicle dealerships. "Retail
Business" also includes retail establishments operated by the State, its political subdivisions, or agencies thereof.” Retail Business do NOT include Restaurants,
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which are defined and treated separately.

Attachment: Proposed Town Restrictions comparison with Exec Order and Cty SOE (Draft COVID-19

7.1.b

 Proposed Town Restriction
5. Employees of commercial establishments who
interact with the public must wear masks or
other face coverings that comply with current
public health guidance (i.e., cover nose and
mouth and go under chin) and disinfect their
hands between each interaction with the public
(e.g., check-out cashier)
6. Restaurants may use only disposable menus to
hand out to customers

Governor’s Executive Order 138

County SOE Declaration
Option 1

• It is recommended that all businesses require and provide face
coverings for all workers
• It is recommended that all businesses “Promote hygiene, including
frequent hand-washing and use of hand sanitizer”
• It is required that Retail Businesses “Perform frequent and routine
environmental cleaning and disinfection of high-touch areas with
an EPA-approved disinfectant for SARS-Co V-2 (the virus that
causes COVID-19).”

Per Governor’s Executive Orders

[BLANK space means un-regulated]

7. All employers must establish a process to screen
employees (on a daily basis, before they begin
work?) for COVID19 symptoms, and require
that employees go home/stay home if they have
any symptoms until they can be tested (or are
quarantined for the required time following
abatement of symptoms per current public health
guidance – see (10) below)

• It is required that Retail Businesses:
o Conduct daily symptom screening of workers, using a standard
interview questionnaire of symptoms, before workers enter the
workplace. (NC Health Dept offers sample)
o Immediately send symptomatic workers home.
o Have a plan in place for immediately isolating workers from the
workplace if symptoms develop.

8. The Town will follow Executive Order
mandates as to Retail Business customer
occupancy.

• Retail Businesses are required to “Limit customer occupancy to
not more than 50% of stated fire capacity. Retail Businesses that
do not have a stated fire capacity must limit customer occupancy
to twelve (12) customers for every one thousand (1000) square feet
of the location's total square footage, including the parts of the
location that are not accessible to customers.
• Limit customer occupancy so that customers can stay six (6) feet
apart, even if this requires reducing occupancy beneath the 50%
limit stated above

(Executive Order 138 Section 8(A)(3) preempts any local provisions inconsistent with the
provisions regarding Retail Business customer
occupancy limits.)
9. Persons visiting Boone (other than commuting
employees and emergency responders?) from
outside Watauga County must remain
quarantined for 14 days. (How does this apply
to ASU students, especially once on-campus
classes reopen? Consider limiting to persons
visiting Boone for overnight-stays as with
current County SOE?]

Per Governor’s Executive Orders

Per Governor’s Executive Orders

Quarantine for overnight visitors and
residents who had previously
overnighted outside the County (14 day
quarantine, or 7 days after symptoms
resolve) -- would end two weeks after
Governor implements Phase II order
(on current schedule, June 5 at earliest)

** Retail Businesses are defined as follows in Executive Order 138: “any business in which customers enter a space to purchase goods or services, including but
not limited to grocery stores, convenience stores, large-format retail stores, pharmacies, banks, ABC stores, hardware stores, and vehicle dealerships. "Retail
Business" also includes retail establishments operated by the State, its political subdivisions, or agencies thereof.” Retail Business do NOT include Restaurants,
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which are defined and treated separately.

Attachment: Proposed Town Restrictions comparison with Exec Order and Cty SOE (Draft COVID-19

7.1.b

 Proposed Town Restriction
10. Any person displaying COVID19 symptoms
(and testing positive??) [who reside or work or
are visiting the Town?] must quarantine
themselves for the length of time currently
directed by county public health officials
(currently 10 days) (unless they are tested and
are negative?). (Does this also apply to
employees commuting from outside
town/county?)

Governor’s Executive Order 138

County SOE Declaration
Option 1

Individuals are recommended to stay at home if sick.

Other Phase I restrictions per Governor’s order:
• All other, non-Retail businesses are recommended to follow
social distancing, face covering, hygiene, and sick worker
recommendations, etc…
• Entertainment facilities and personal care and grooming
businesses are ordered closed for Phase I
• Childcare facilities and day camps may operate subject to
compliance with certain guidelines
• Restaurants are limited to carry-out, drive-through and take out
service for off-site consumption
• Restaurants are recommended to follow social distancing, face
covering recommendations
Short-term rentals: County’s current
ban on short-term rentals (30 days or
fewer) would be reduced as follows:
• Governor’s Phase II (June 5 at
earliest under announced
schedule): ban applies only to
rentals having more than 6 person
capacity, and imposes 50%
capacity limit for such larger
accommodations
• Governor’s Phase III (July 3 at
earliest under announced
schedule): lift remaining shortterm rental restrictions
FOR DETAILS SEE COUNTY’s
CURRENT SOE DECLARATION
AND LANGUAGE

3

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Attachment: Proposed Town Restrictions comparison with Exec Order and Cty SOE (Draft COVID-19

7.1.b