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About Appeal tribune. (Silverton, Or.) 1999-current | View Entire Issue (July 15, 2020)
SILVERTONAPPEAL.COM | WEDNESDAY, JULY 15, 2020 | 3A Woodburn files suit to close COVID-19 shelter City: County violating zoning, lacking permit Whitney Woodworth Salem Statesman Journal USA TODAY NETWORK The City of Woodburn is suing Mar- ion County over a COVID-19 isolation shelter at a local Super 8 Hotel and is ac- cusing the county of violating the law and putting the community at risk of the coronavirus. The lawsuit was filed Thursday fol- lowing a directive by the Woodburn City Council. Attorneys for the city are seeking a court order against Marion County to cease operations of the COVID-19 shel- ter at the Super 8 on 821 Evergreen Road near Interstate 5. City officials maintain the shelter is operating in violation of the Wood- burn’s Zoning & Development Ordi- nance and say the shelter poses a public safety risk to the neighborhoods sur- rounding the hotel, which also includes a high number of residents over 65. The hotel is located directly across Woodburn Estates — home to 1,510 sen- ior-restricted residences, a nursing home, memory care units and a medical facility specializing in senior care. City officials first learned of Marion County’s plans to utilize the Super 8 Ho- tel as a COVID-19 Isolation Center on June 16 and did not participate in the planning for the use of the site. “On information and belief, it ap- pears the County must have been plan- ning this project for weeks or months prior to ever contacting the City,” city at- torneys said in the lawsuit. Marion County officials said they would begin operating the shelter on July 1 and continue using it as a shelter for nine months. Woodburn attorneys said the county is illegally using the hotel because they do not have a city permit and are vio- lating the Woodburn Development Or- dinance. They also cited data from the Centers for Disease Control and Prevention stat- ing that the coronavirus spreads “very easily and sustainably” between people and that those over the age of 60 and people with underlying health risks are at a higher risk of serious illness and death. “Relying on the CDC data, it is clear that the County’s illegal use of the Sub- ject Property not only violates the WDO but immediately exposes senior citizens who reside near the Subject Property to increased health risks,” city attorneys said. As a condition of the county moving into phase 2 of reopening on June 19, county health officials were required to find a facility for COVID-19 positive pa- tients with mild symptoms who don’t have anywhere to isolate. The county set their sights on the ho- tel in Woodburn — one of the hotspots of coronavirus cases in the state. They planned to pay for people to isolate at the 81-room hotel for the recommended time period or about 14 days. County officials said these guests would include COVID-19 positive or pre- sumptive cases struggling to self-iso- late, including migrant and seasonal farmworkers, homeless individuals, people living in multigenerational households and those in congregate care settings. OSHA if someone refuses to leave when asked, according to Oregon OSHA. Continued from Page 1A Why face coverings are mandatory March, as the governor started issuing orders to close certain businesses to slow the spread of the virus, and then complaints tapered off for a bit. The face covering requirement is an effort to prevent cases from spiking more after a recent resurgence, Brown said. On Thursday, the state announced the highest daily total of new COVID-19 cases since the onset of the pandemic. Public health experts have stressed that wearing masks can help prevent spreading the virus through droplets you release when you talk, sneeze or cough. The federal Centers for Disease Con- trol and Prevention recommends that people two years old and up wear cloth face coverings when they are with peo- ple who are not members of their imme- diate household, and in places where it’s hard to keep a distance of at least six feet between people. “Face coverings that cover your nose and mouth play a critical role in reduc- ing the spread of this disease because droplets from our breath can carry the virus to others without us realizing it,” Brown said in a statement. “If we all wear face coverings, practice six feet of physical distancing in public, wash our hands regularly, and stay home when we are sick, then we can avoid the worst-case scenarios that are now play- ing out in other states.” On Thursday, Brown announced a public awareness campaign to encour- age Oregonians to wear masks. “Wearing a face covering is a simple, common sense way to protect yourself and others,” Brown said. “It’s an easy way to help reduce the spread of CO- VID-19 and save lives.” Claire Withycombe is a reporter at the Statesman Journal. Contact her at cwithycombe@statesmanjournal.com, 503-910-3821 or follow on Twitter @kcwithycombe. What businesses should do If you’re a business or organization owner or manager, OSHA recommends that employees greet customers at en- trances to remind them the face cover- ing requirement, and to keep on hand inexpensive disposable face coverings or shields to provide in the event that a customer doesn’t have one. And businesses can offer options to shop outside the business — like curb- side pickup — to people who don’t want to wear a mask or cannot wear a mask due to a disability or medical condition. According to a memo published by the agency, if a patron refuses to wear a mask, the employee should ask them whether they have a disability or med- ical condition that prevents them from wearing a mask. If so, they should be of- fered a reasonable accommodation such as curbside pickup or be asked whether a face shield is an option. If the person does not have a medical condition or disability that prevents them from wearing a face covering, though, the patron “should be politely told that the employer cannot serve them and that they need to leave the premises,” the memo states. But the agency says that “under no circumstances should the employer or their representative attempt to physi- cally block an individual from entering or physically remove them from the premises.” If the person refuses to leave, the business or other organization should follow typical procedures that are used The Super 8 at 821 Evergreen Road in Woodburn when it was under construction in 1997. STATESMAN JOURNAL FILE To date, 1,770 COVID-19 cases and 53 deaths have been reported in Marion County. With 342 cases, the 97071 area code in Woodburn has one of the high- est incidence rates in the county. According to the lawsuit, the county planned to have 24-hour security from the Marion County County Sheriff ’s, a public health nurse on-site and would not allow those isolating to have visi- tors. Residents would be required to fol- low a “code of conduct,” county officials said. City officials argue that the county has no legal authority to stop “guests” from leaving the facility, going to a res- taurant and going to the grocery store, thus exposing more in the community. On June 24, Marion County Commis- sioners held a public meeting and unan- imously approved a $2.1 million agree- ment to use the hotel. The funding came from money re- ceived by the county from the federal government under the CARES Act. The move to create the shelter drew concern from Woodburn residents and city councilors. Some expressed concern over the senior-aged loved ones who lived near the hotel. Others decried the county for not working with the city and communi- ty during the process. “We were surprised and concerned to learn of the County’s proposed use of the Super 8 Hotel as a COVID-19 site,” City Administrator Scott Derickson said after the lawsuit was filed Thursday. “Had the City and the community been afforded an opportunity to participate in the County’s planning and due dili- gence process I believe the current issue could have been avoided. As it stands, the City believes that the use of the Super 8 Hotel as a COVID-19 Isolation Shelter violates existing law.” Marion County spokeswoman Jolene Kelley said as of Friday, no COVID-19 guests had utilized the hotel as a shelter. She declined to comment further on the city’s claims, citing the pending liti- gation. 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