HomeMy WebLinkAbout2020-06-30 Town Council Special Minutes `, o f
MINUTES
June 30, 2020
Town Council Special Meeting
4:00 p.m.
(Note: Meeting was conducted in accordance with the Attorney General's guidelines and
observed the Governor and Secretary of Health's public health orders.)
1. CALL TO ORDER BY THE HONORABLE MAYOR DANIEL R. BARRONE.
The Special Meeting of the Taos Town Council was called to order
by the Honorable Mayor Daniel R. Barrone at 4:04 p.m.
2. ROLL CALL
Town Clerk Ms. Francella Garcia called roll and a quorum was
present.
Those present were:
Mayor, Daniel R. Barrone
Mayor Pro Tern, Nathaniel Evans
Councilmember, Darien D. Fernandez
Councilmember, George "Fritz" Hahn
Councilmember, Pascualito Maestas
Also present were:
Town Manager, Richard Bellis
Town Clerk, Francella Garcia
Town Attorney, Stephen C. Ross
3. PLEDGE OF ALLEGIANCE
Councilmember Maestas led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
Councilmember Hahn made a motion to approve. Councilmember Evans
seconded the motion. The motion passed. The Councilmembers voted as
follows: Ayes: Evans, Fernandez, Hahn, Maestas.
Page 1 of 6
6. MATTERS FROM STAFF
A. Discussion, consideration and possible ratification regarding the
Amendment to the Mayor's Civil Emergency Proclamation and
Declaration of Curfew.
Town Manager Richard Bellis stated the amendment to the Mayor's Civil
Emergency Proclamation and Declaration of Curfew is due to the
increase in cases of COVID-19 in bordering states such as Utah, Arizona
and Texas and because of the high number of visitors from Florida, Texas,
Georgia, Arizona, Utah and California. In addition, based on the
Governor's announcement on Thursday, June 25, 2020, on the number
of outbreaks of the virus and the increases that the Town is facing at Holy
Cross Hospital the following additional public health requirements will
be taken and enforced: Every person over the age of five must
wear face coverings when in public or in a place where a person may
interact, maintain social distancing of six feet or more by all businesses,
offices and persons that are working or visiting those offices, staff is
directed through the Town Manager to produce any necessary
information to alert businesses, tourists and the Town will set up a
complaint violation system with the Town Code Officer, the Chief of
Police in consultation with the Town Attorney. Mr. Bellis further added
violations of this order shall be considered a petty misdemeanor,
consistent with the Town Code and laws of the State of New Mexico which
is a maximum of $500 per incident and not to exceed ninety days in
jail. Mr. Bellis stated consistent with the Town Code staff is
requesting that the Council ratifies and extends this portion of the
proclamation.
Councilmember Evans stated the Center for Disease Control (CDC)
recommends the age of mask wearing is two years of age. He suggested
that all people in the community three or older wear a face mask.
Councilmember Evans further added CDC also recommends when
exercising, individuals do not have to wear a mask if they are maintaining
the social distancing requirement.
Discussion ensued on the responsibilities of business owners to ensure
social distancing is maintained at their establishments and the
responsibility of employees to wear face coverings.
Mr. Bellis stated the resolution gives direction to the code enforcement
officer, the chief of police, and the attorney to establish protocol on the
enforcement.
Councilmember Fernandez asked how the Town will promote the civil
emergency proclamation and curfew. He requested more direct language
and the mandatory use of face masks be publicized on the taos.org
website and other social media platforms.
Page 2 of 6
Discussion ensued on how local businesses, members of the
community and tourists will be informed of the amended civil emergency
proclamation and curfew, the video board that was ordered which will
be used at the south side of town, informing visitors on the mandatory use
of face coverings and social distancing and updating tourism websites and
social media platforms of the Town's restrictions.
Councilmember Evans recommended mandatory face coverings for children
age four as opposed to age three.
Discussion ensued on the age requirement for mandatory face coverings
for children and the legality for the enforcement of mandatory face
coverings.
Town Attorney Stephen Ross stated mandatory face coverings was
questionable prior to the New Mexico Department of Health Public Health
Order which states, "Nothing in this order is intended to restrain or
preempt local authorities from enacting more stringent restrictions than
required by the order." Mr. Ross explained the order required people to
wear a mask; therefore, the Town can require individuals to wear a mask
without fear of being preempted.
Mr. Bellis stated he and Police Chief Wentz had concerns on the age
of some phrases used in the emergency section of the Town Code which
was used as the foundation for the civil emergency proclamation. He
further added Mr. Ross assured them that the fact it was enacted in the
1960s, helps the Town make the case that emergencies
were anticipated. Mr. Bellis stated at some point the language to the
emergency section should be updated. He requested the Council's
approval to have a closed executive session to engage in discussion with
the Town Attorney to update the emergency section of the Town Code, so
that the Town and its successors are prepared for additional situations.
Councilmember Evans stated he believes it is necessary.
Mayor Barrone asked the governing body whether they agreed the age
requirement be amended to age four and older.
Councilmember Evans and Councilmember Maestas concurred.
Mayor Barrone asked Mr. Bellis whether the other recommendations can
be incorporated into the resolution.
Mr. Bellis agreed.
Councilmember Hahn made a motion to approve the amendment to
the Mayor's Civil Emergency Proclamation and Declaration of
Curfew with discussed revisions. Councilmember Fernandez
Page 3 of 6
seconded the motion. The motion passed. The Councilmembers
voted as follows: Ayes: Evans, Fernandez, Hahn, Maestas.
B. Discussion, consideration and possible approval of Resolution
20-27 amendment to an Emergency Resolution by the Council.
Councilmember Evans made a motion to approve with
said modifications. Councilmember Hahn seconded the motion. The
motion passed. The Councilmembers voted as follows: Ayes: Evans,
Fernandez, Hahn, Maestas.
Mr. Bellis stated he received a request for public comment by Bob Silver.
Mayor Barrone granted Mr. Silver permission to speak.
Bob Silver stated he is pleased with the actions the Council has taken with
regard to keeping the community safe during this time of crisis. He
acknowledged Mr. Bellis for his hard work in communicating with the
public. Mr. Silver recommended stronger sanctions be imposed to
individuals who do not comply with the mandatory face coverings and
social distancing.
Councilmember Evans requested clarification whether the
$50 fine specified on Resolution 20-27 should be $500.
Mr. Bellis stated Resolution 20-27 was made with the changes made to the
Mayor's amended Civil Emergency Proclamation.
C. Discussion, consideration and possible approval of Resolution
20-28 Declaring Phase 3 Water Restrictions.
Mr. Bellis stated it was noticed while repairs were made to Well 4 the
amount of water consumed continues to increase and staff does not see
relief in sight. He further added it is perceived the water is used for
agricultural irrigation based on the demands when the water usage is
occurring. In addition, people are home more and the Town is requesting
the public to sanitize frequently. Mr. Bellis stated the Town is not in a
water crisis; however, there is a drought alert which was declared prior to
the fireworks ban. He further stated staff recommends to set guidelines on
when consumers can water outdoors.
Mr. Bellis stated Phase 3 Water Restrictions is more of an educational tool
to ask the public to be aware of their water consumption and that water is
a limited resource. He emphasized the Town is not in danger at this point
and Phase 3 Water Restrictions does not require Council's approval. Mr.
Bellis explained the only phase that requires official action by the Council is
if the Town goes into Phase 4 and then moves to Phase 5. He further
explained Phase 5 has restrictions that effects businesses such as
laundromats and car washes.
Page 4 of 6
Discussion ensued on the strain to the water system due to the demand of
water occurring at the same time.
Mr. Bellis stated reclaimed water can be purchased inexpensively at the
Treatment Plant which can be used for agricultural irrigation
and construction projects.
(Councilmember Hahn was experiencing technical difficulty. The Council
had discussion while Councilmember Hahn was resolving internet
connection issues.)
Discussion ensued on the cost to purchase reclaimed water at the
Treatment Plant, promoting the use of reclaimed water for construction
projects and agricultural irrigation, distribution of masks as a public health
measure to the public and businesses, school reentry update, student
enrollment and the funding to the school contingent upon student
registration and the itemization of Town purchases totaling $134,486 due
to the COVID-19 pandemic.
(Councilmember Hahn returned into session.)
Mr. Bellis provided an overview of Phase 3 restrictions pursuant to Town of
Taos Ordinance No. 11-11.
Councilmember Evans made a motion to approve Resolution 20-28.
Councilmember Hahn seconded the motion. The motion passed.
The Councilmembers voted as follows: Ayes: Evans, Fernandez,
Hahn, Maestas.
Discussion ensued on updating the civil emergency section of the Town
Code due to the immediate threat to public health, safety and welfare and
the Governor's and State Health public health orders.
Mr. Bellis stated if it is agreeable with the Council, Town Attorney Stephen
Ross will update the civil emergencies section of the Town code with an
ordinance within thirty days.
The governing body concurred.
7. CLOSED EXECUTIVE SESSION
(Closed Executive Session was not conducted.)
A. The Council may conduct a Closed Executive Session to engage in a
discussion of matters subject to the attorney-client privilege pertaining to
threatened or pending litigation in which the Town is or may become a
participant pursuant to NMSA 1978 Section 10-15-1(H)(7); to discuss purchase,
acquisition or disposal of real property or water rights pursuant to NMSA 1978,
Section 10-15-1(H)(8); and/or to discuss limited personnel matters limited to
discussion of the hiring, promotion, demotion, dismissal, assignment or
Page 5 of 6
resignation of a town employee or the investigation or consideration of
complaints or charges against a Town employee pursuant to NMSA 1978
Section 10-15-1-(H)(2).
B. Attorney's Report Concerning Closed Executive Session.
C. Action on Items Discussed in Closed Executive Session (as necessary, by
motion.)
8. ADJOURNMENT
A motion was made by Councilmember Evans and seconded by
Councilmember Hahn to adjourn the meeting. The motion carried unanimously
and the meeting adjourned at 5:05 p.m.
APPROVED:
Dani I R. Ba rove Mayor
ATTEST:
L./
`�� rancella R. Garcia, Town Clerk
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PLEASE NOTE: The Town of Taos video records all Regular,
Workshop and Special Town Council Meetings. Videos can be
viewed and downloaded from the Town's website at
www.taosgov.com under the Town Clerk's tab. Citizens may also
request a copy of a video for $5 per video via the online public
records portal also located under the Town Clerk's tab on the
Town's website. Additionally, the website provides access to view
agendas, back-up documentation and minutes.
Page 6 of 6
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Tuesday, June 30, 2020
Town Council Special Meeting
4:00 p.m.
VIRTUAL MEETING
NOTE: This virtual meeting will follow the Attorney General's guidelines and will observe
the Governor and Secretary of Health's public health orders. The electronic format will
allow the Town Council to conduct the meeting without being physically present and in
accordance to the New Mexico Open Meetings Act. There will be no live audience nor
officials present at the Council Chambers. This is entirely a virtual meeting. Members of
the public wishing to participate can livestream the meeting or view in archived format
on the Town's website taosgov.com. - https://www.taosgov.com/259/Public-Meetings-
--Live-Archive. Those wishing to comment before or during the meeting may submit
comments or questions to Town Manager Richard Bellis at rbellis@taosgov.com
1. CALL TO ORDER BY THE HONORABLE MAYOR DANIEL R. BARRONE.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
6. MATTERS FROM STAFF
A. Discussion, consideration and possible ratification regarding the Amendment to the Mayor's Civil
Emergency Proclamation and Declaration of Curfew.
B. Discussion, consideration and possible approval of Resolution 20-27 amendment to an Emergency
Resolution by the Council.
C. Discussion, consideration and possible approval of Resolution 20-28 Declaring Phase 3 Water
Restrictions.
7. CLOSED EXECUTIVE SESSION
A. The Council may conduct a Closed Executive Session to engage in a discussion of matters subject to
the attorney-client privilege pertaining to threatened or pending litigation in which the Town is or may
become a participant pursuant to NMSA 1978 Section 10-15-1(H)(7); to discuss purchase, acquisition or
disposal of real property or water rights pursuant to NMSA 1978, Section 10-15-1(H)(8); and/or to
discuss limited personnel matters limited to discussion of the hiring, promotion, demotion, dismissal,
assignment or resignation of a town employee or the investigation or consideration of complaints or
charges against a Town employee pursuant to NMSA 1978 Section 10-15-1-(H)(2).
B. Attorney's Report Concerning Closed Executive Session.
C. Action on Items Discussed in Closed Executive Session (as necessary, by motion.)
8. ADJOURNMENT
Page 1 of 1
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4 M F."IL
OFFICE OF THE MAYOR
PROCLAMATION OF CIVIL EMERGENCY
I, Daniel R. Barron, as the duly elected and sworn Mayor of the Town of Taos, hereby do invoke those
powers vested in the Office of the Mayor under Chapter 2.04 CIVIL EMERGENCIES of the Town Code
and upon consultation with the Town Manager, Police Chief and Fire Chief, do declare, that a civil
emergency exists, as defined in Section 2.04.010 of the Town Code, and, consistent with those powers
therein granted under Section 2.04.020, do declare as follows:
1. A PUBLIC CURFEW IS HEREBY DECLARED:
That commencing Tuesday, June 30th at 12:00 a.m. local time and continuing thereafter each day
until an order by the Mayor or Council is issued declaring this emergency to have ceased, a curfew
shall exist within the corporate limits of the Town of Taos beginning at 12:00 a.m. each evening
and continuing to 5:00 a.m. each day, requiring all persons to forthwith remove themselves from
the public streets, alleys, parks, rights of way, grounds or other public and semi-public places,
whether on foot, bicycle, in vehicles of any type or by any other means of conveyance during the
period of said curfew.
The following persons,vehicles and services shall be exempt from the curfew while in the conduct
of official business:
a. Emergency vehicles and personnel of any government or quasi-government entity(police,fire,
EMT, E-911, emergency management, public and quasi-public utilities, public works, animal
control, law enforcement,building and fire inspections,prisoner transport,and other approved
governmental employees and services).
b. Health care workers, home medical visits or welfare checks, including law enforcement,
CYFD, doctors, nurses, home health and nursing home aides, veterinarians, psychiatrists,
psychologists,social workers,state case workers and family members or neighbors responding
to the needs of the elderly and infirm.
c. Emergency repairs or deliveries related to food, water, sewer, electric, propane, and medical
supplies or equipment.
d. Delivery vehicles providing supplies, services or provisions to and persons employed by and
going to or returning home from work or conducting the official business of any business or
entity defined as"essential"by State of New Mexico Public Health Order 3-24-2020 by New
Mexico Department of Health Secretary Kathleen M.Kunkel(attached hereto).
2. PUBLIC NOTICE OF PROCLAMATION OF CIVIL EMERGENCY AND CURFEW:
That, consistent with Section 2.04.020.A. of the Town Code a copy of this Proclamation shall be
delivered to the Chief of Police,who shall see that copies are therefore delivered to all news media
within the Town, and who shall also use public address systems to notify the public of said
proclamation and curfew hours and to warn the public that said curfew constitutes a misdemeanor
and violators are subject to arrest.
Further, that, as Mayor, I direct that copies of this proclamation shall be provided to the Town
Manager and Emergency Management Team, and to the Town Clerk for posting at the entrance to
Town Hall,on the Town website,the Town's Facebook site,distributed through the Town Council
email list, and by publication in the Taos News, as the newspaper of record.
3. DURATION:
That the issuance of this emergency, as proclaimed by the Mayor herein, is consistent with the
actions of the Taos Town Council taken on March 13,2020 under Resolution 20-10 Declaration of
Health Emergency for the Town of Taos declaring a state of emergency and empowering the Mayor
and Town Manager to take all measures required for the health, safety and welfare of the town and
its residents and as reaffirmed on June 30, 200 under Resolution 20-27 Amendment to Resolution
20-10 Declaration of Health Emergency for the Town of Taos.
That said proclamation by the Mayor shall be in effect for 48 hours from its issuance and must,
consistent with Section 2.04.040 of the Town Code, be affirmed by a majority vote of the Town
Council prior to its expiration and may be extended by the action of the Council by their granting
the authority to the Mayor through Resolution 20-10 on March 13, 2020 Declaration of Health
Emergency for the Town of Taos and Resolution 20-13 Reaffirming and Extending a Declaration
of Civil and Health Emergency for the Town of Taos on April 3, 2020 to renew the proclamation
of health emergency, declaring a health emergency and a daily curfew as long as required, or until
either the Mayor or Council rescind said proclamation.
4. AMENDMENTS:
The Mayor has evaluated independent findings on June 25, 2020 by the Governor,Epidemiologist
and Health Department of the State of New Mexico that epidemic levels of outbreak of the virus
exist in neighboring states, such as Utah, Arizona and Texas that are impacting residents in New
Mexico and leading to increased spread of the virus and hospitalizations to New Mexico residents.
Further,the mayor has reviewed reporting by staff that high numbers of visitors to Taos are arriving
from highly impacted states, including Florida, Texas, Georgia, Arizona, Utah and California and
that many of these states do not have or have relaxed or are not enforcing requirements for face
coverings and social distancing. Additionally,the Town has received reports and complaints from
businesses and residents that numbers of these out-of-state visitors ae refusing to comply with
requests to maintain social distancing or to wear face coverings when offered and that this is leading
to verbal and increasing levels of confrontation, for which businesses and employees are seeking
help. The Town is also receiving reports and has conducted investigations where businesses and
employees, especially in grocery stores and restaurants, are not wearing face coverings when
handling or serving food.
Therefore, in order to assist businesses and employees in avoiding confrontations, the increasing
potential for violence and the possibility of transmission of the virus to locals, as well as to ensure
the protection of locals and visitors alike by requiring face coverings and social distancing at the
municipal level, I do hereby declare the following additional public health measures to be taken
and in force:
A. The wearing of face coverings when in public or interacting with the public or in a place where
a person may interact with the public, deliberately or not, all persons including employees,
customers, residents and tourists over the age of 4, shall be required to wear face coverings,
with the exceptions while eating, drinking and exercising.
B. Social distancing (maintaining a distance in all directions of a minimum of 6 feet) shall be
maintained by all persons when outside of your home, temporary or permanent residence. All
businesses, offices, organizations, museums, movie theaters, galleries, spas, gymnasiums,
offices, health facilities, any and all commercial activities, whether for-profit or non-profit,
shall provide such physical and informational measures as required to maintain social
distancing between all persons.
C. Staff are directed,through the Town Manager,to produce necessary informational mechanisms
so as to alert businesses, the public and tourists as to these requirements and shall develop a
system of reporting and enforcement so as to ensure their implementation in consultation with
the Town Code Officer, the Chief of Police and the Town Attorney.
D. Violations of this order shall be considered a petty misdemeanor, consistent with the Town
Code and laws of the State of New Mexico.
5. EFFECTIVE DATE:
This Proclamation of Civil Emergency and the accompanying declared curfew shall become
effective at 12:00 a.m., Tuesday,June 30, 2020.
Proclaimed and declared this 30th day of June,2020.
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D.niel R. ::rrone
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Approved as to form:
Stephen Ross
Town Attorney
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° C erti ied and Recorded by:
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Francella-G rcia
.I a ,fo'wri Clerk
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NEW MEXICO
MICHELLE LUJAN GRISHAM DEPARTMENT OF KATHYLEEN M. KUNKEL
GOVERNOR ,1ALTH CABINET SECRETARY
PUBLIC HEALTH ORDER
NEW MEXICO DEPARTMENT OF HEALTH
CABINET SECRETARY KATHYLEEN M. KUNKEL
MARCH 23, 2020
Public Health Emergency Order Closing All Businesses and Non-Profit
Entities Except for those Deemed Essential and
Providing Additional Restrictions on Mass Gatherings Due to COVID-19
WHEREAS, on March 11, 2020, because of the spread of the novel Coronavirus Disease
2019("COVID-19"),Michelle Lujan Grisham,the Governor of the State of New Mexico,declared
that a Public Health Emergency exists in New Mexico under the Public Health Emergency
Response Act, and invoked her authority under the All Hazards Emergency Management Act;
WHEREAS, COVID-19 continues to spread in New Mexico and nationally. Since,
Executive Order 2020-004 was issued, COVID-19 infections in the United States have increased
from 1,000 confirmed cases to over 30,000 confirmed cases;
WHEREAS, the further spread of COVID-19 in the State of New Mexico poses a threat
to the health,safety,wellbeing and property of the residents in the State due to,among other things,
illness from COVID-19,illness-related absenteeism from employment(particularly among public
safety and law enforcement personnel and persons engaged in activities and businesses critical to
the economy and infrastructure of the State), potential displacement of persons, and closures of
schools or other places of public gathering;
WHEREAS, social distancing is the sole way New Mexicans can minimize the spread of
COVID-19 and currently constitutes the most effective means of mitigating the potentially
devastating impact of this pandemic in New Mexico; and
WHEREAS,the New Mexico Department of Health possesses legal authority pursuant to
the Public Health Act, NMSA 1978, Sections 24-1-1 to -40, the Public Health Emergency
Response Act, NMSA 1978, Sections 12-10A-1 to -10, the Department of Health Act, NMSA
1978, Sections 9-7-1 to -18, and inherent constitutional police powers of the New Mexico state
government, to preserve and promote public health and safety, to adopt isolation and quarantine,
and to close public places and forbid gatherings of people when deemed necessary by the
Department for the protection of public health.
NOW, THEREFORE, I, Kathyleen M. Kunkel, Cabinet Secretary of the New Mexico
Department of Health, in accordance with the authority vested in me by the Constitution and the
Laws of the State of New Mexico, and as directed by the Governor pursuant to the full scope of
her emergency powers under the All Hazard Emergency Management Act as invoked through
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OFFICE OF THE SECRETARY }UM 041.
1190 St.Francis Dr.,Suite N4100• P.O.Box 26110•Santa Fe,New Mexico • 87502 <•
' PH a�s
(505)827-2613 • FAX:(505)827-2530•www.nmhealth.org
Executive Order 2020-004, do hereby declare the current outbreak of COV1D-19 a condition of
public health importance as defined in the New Mexico Public Health Act,NMSA 1978, Section
24-1-2(A) as an infection, a disease, a syndrome, a symptom, an injury or other threat that is
identifiable on an individual or community level and can reasonably be expected to lead to adverse
health effects in the community, and that poses an imminent threat of substantial harm to the
population of New Mexico.
The following definitions are adopted for the purposes of this Order:
Definitions: As used in this Public Health Order, the following terms shall have the
meaning given to them, except where the context clearly requires otherwise:
(1) "Condition of public health importance" means an infection, a disease, a
syndrome, a symptom, an injury or other threat that is identifiable on an individual or community
level and can reasonably be expected to lead to adverse health effects in the community.
(2) "Disease"means an illness, including those caused by infectious agents or
their toxic products which may be transmitted to a susceptible host.
(3) "Essential business"means any business or non-profit entity falling within
one or more of the following categories:
a. Health care operations including hospitals, walk-in-care health facilities,
emergency veterinary and livestock services, pharmacies, medical
wholesale and distribution, home health care workers or aides for the
�-- elderly, emergency dental facilities, nursing homes, residential health care
facilities, research facilities, congregate care facilities, intermediate care
facilities for those with intellectual or developmental disabilities,supportive
living homes, home health care providers, and medical supplies and
equipment manufacturers and providers;
b. Homeless shelters,food banks,and other services providing care to indigent
or needy populations;
c. Childcare facilities necessary to provide services to those workers
employed by essential businesses and essential non-profit entities;
d. Grocery stores, all food and beverage stores, supermarkets, food banks,
farmers' markets and vendors who sell food, convenience stores, and other
businesses that generate the majority of their revenue from the sale of
canned food,dry goods, fresh fruits and vegetables,pet food,feed, and other
animal supply stores, fresh meats, fish, and poultry, and any other
household consumer products;
e. Farms, ranches, and other food cultivation, processing, or packaging
operations;
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f. All facilities used by law enforcement personnel, first responders,
firefighters, emergency management personnel, and dispatch operators;
g. Infrastructure operations including, but not limited to, public works
construction, commercial and residential construction and maintenance,
airport operations, public transportation, airlines, taxis, private
transportation providers water, gas, electrical, oil drilling, oil refining,
natural resources extraction or mining operations,nuclear material research
and enrichment, those attendant to the repair and construction of roads and
highways, solid waste collection and removal, trash and recycling
collection,processing and disposal, sewer, data and internet providers,data
centers, technology support operations, and telecommunications systems;
h. Manufacturing operations involved in food processing, manufacturing
agents, chemicals, fertilizer,pharmaceuticals, sanitary products, household
paper products, microelectronics/semi-conductor, primary metals
manufacturers, electrical equipment, appliance, and component
manufacturers, and transportation equipment manufacturers;
i. Services necessary to maintain the safety and sanitation of residences or
essential businesses including security services, custodial services,
plumbers, electricians, and other skilled trades;
j. Media services including television,radio, and newspaper operations;
k. Gas stations, automobile repair facilities, and retailers who generate the
majority of their revenue from the sale of automobile repair products;
1. Hardware stores;
m. Laundromats and dry cleaner services;
n. Utilities, including their contractors, suppliers, and supportive operations,
engaged in power generation, fuel supply and transmission, water and
wastewater supply;
o. Funeral homes, crematoriums and cemeteries;
p. Banks, credit unions, insurance providers, payroll services, brokerage
services, and investment management firms;
q. Real estate services including brokers,title companies,and related services.
r. Businesses providing mailing and shipping services, including post office
boxes;
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s. Laboratories and defense and national security-related operations
supporting the United States government or a contractor to the United States
government;
t. Restaurants, but only for delivery or carry out and local breweries or
distillers but only for carry out;
u. Professional services, such as legal or accounting services,but only where
necessary to assist in compliance with legally mandated activities; and
v. Logistics and businesses that store,ship or deliver groceries, food, goods or
services directly to residences or retailers.
(4) "Individuals"means natural persons.
(5) "Gathering" means any grouping together of individuals in a single
connected location.
(6) "Mass gathering"means any public or private gathering that brings together
five (5) or more individuals in a single room or connected space, confined outdoor space or an
open outdoor space where individuals are within six (6) feet of each other, but does not include
the presence of five (5) or more individuals where those individuals regularly reside. "Mass
gathering" does not include "individuals" congregated in a church, synagogue, mosque, or other
place of worship.
I HEREBY DIRECT AS FOLLOWS:
(1) All Mass Gatherings are hereby prohibited under the powers and authority set forth in
the New Mexico Public Health Act, and all regulations promulgated pursuant thereto.
(2) All businesses, except those entities identified as "essential businesses", are hereby
directed to reduce the in-person workforce at each business or business location by
100%. "Essential businesses" may remain open provided they minimize their
operations and staff to the greatest extent possible. Further, all essential businesses
shall, to the greatest extent possible, adhere to social distancing protocol and maintain
at least six-foot social distancing from other individuals, avoid person-to-person
contact, and direct employees to wash their hands frequently. Further, all essential
businesses shall ensure that all surfaces are cleaned routinely.
(3) This Order only requires the closure of physical office spaces, retail spaces, or other
public spaces of a business and does not otherwise restrict the conduct of business
operations through telecommuting or otherwise working from home in which an
employee only interacts with clients or customers remotely.
(4) All casinos and horse racing facilities shall close during the pendency of this Order.
This directive excludes those casinos operating on Tribal lands.
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(5) Hotels, motels, RV parks, and other places of lodging shall not operate at more than
fifty percent of maximum occupancy. Health care workers who are engaged in the
provision of care to New Mexico residents or individuals utilizing lodging facilities for
extended stays or as temporary housing shall not be counted for purposes of
determining maximum occupancy.
(6) All call centers situated in New Mexico are directed to reduce their in-person workforce
by 100%.
(7) The New Mexico Department of Public Safety, the New Mexico Department of
Homeland Security and Emergency Management,the Department of the Environment,
and all other State departments and agencies are authorized to take all appropriate steps
to ensure compliance with this Order.
(8) All public and private employers are required to comply with this Order and any
instructions provided by State departments or agencies regarding COVID-19.
(9) In order to minimize the shortage of health care supplies and other necessary goods,
grocery stores and other retailers are hereby directed to limit the sale of medications,
durable medical equipment,baby formula,diapers, sanitary care products,and hygiene
products to three items per individual. NMSA 1978, § 12-10A-6 (2012).
I FURTHER DIRECT as follows:
(1) This Order shall be broadly disseminated in English, Spanish and other appropriate
languages to the citizens of the State of New Mexico.
(2) This Order declaring restrictions based upon the existence of a condition of public health
importance shall not abrogate any disease-reporting requirements set forth in the New
Mexico Public Health Act.
(3) This Order shall remain in effect for the duration of Executive Order 2020-004. This Order
may be renewed consistent with any direction from the Governor.
I FURTHER ADVISE the public to take the following preventive precautions:
- New Mexico citizens should stay at home and undertake only those outings absolutely
necessary for their health,safety, or welfare.
- Retailers should take appropriate action consistent with this order to reduce hoarding and
ensure that all New Mexicans can purchase necessary goods.
- Avoid crowds.
- Avoid all non-essential travel including plane trips and cruise ships.
THIS ORDER amends the Public Health Emergency Order to Limit Mass Gatherings Due
to COVID-19 issued on March 19, 2020, supersedes any other previous orders,proclamations, or
directives in conflict.
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ATTEST: DONE AT THE EXECUTIVE OFFICE
THIS 24TH DAY OF MARCH 2020
WITNESS MY HAND AND THE GREAT
MAGGIE TOULOUSE OLIVER SEAL OF THE STATE OF NEW MEXICO
SECRETARY OF STATE
/
• HY M. K L
• S RE if Y OF THE STATE OF NEW MEXICO
DEPAR ENT OF HEALTH
t '
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