Governor Cuomo announced on Saturday, May 23, 2020 that the Mid-Hudson region, which includes Dutchess County, may begin reopening starting with Phase 1 on Tuesday, May 26, 2020. This announcement has been anticipated by Dutchess County who has been sending press releases the past few days in anticipation.

As recently as last week on May 14, 2020, County Executive Marcus Molinaro had stated in a press release that hitting all 7 benchmarks - specifically the decline in deaths metric - would be difficult. “The final two criteria the region must meet – 14 consecutive days of decline in new hospitalizations and 14 consecutive days of decline in deaths – will prove extremely difficult for the region, including Dutches County, to meet,” he stated. “A single day with an increase over the previous day in either category resets the 14-day clock.“

However, this week, Governor Cuomo feels satisfied with the metrics in Dutchess County, having increased the amount of contract tracers based on a new requirement he set. According to a press release sent by the county: “Dutchess County had already met the original state-mandated metric of 30 contact tracers per 100,000 population with more than 90 contact tracers. Earlier this week, the state increased the required number of contact tracers to 252, basing it on infection rate.” Dutchess County put out a call for more volunteers, and were answered with the necessary amount of people wanting to be trained to trace.

While County Executive Molinaro was pushing for Dutchess County to reopen independently of the other counties in the Mid-Hudson region, which includes hard-hit Westchster (New Rochelle hotspot) and Orange County (Newburgh deaths continue to rise and the new cases metrics have not updated in the past few days), Governor Cuomo remained steadfast that all counties within a region open at the same time, stating the decision is the federal and CDC policy, according to this report in the Poughkeepsie Journal.

Governor Cuomo stated that if there is a region that has their various indicators rise after they begin the reopening phases, the state will shut that region back down.

Who Is In Phase 1?

At the county level, the following areas of business can begin to reopen: Construction, Agriculture, Forestry, Fishing and Hunting, Retail (limited to curbside or in-store pickup or drop-off), Manufacturing, Wholesale Trade. As for retail stores, this does not mean that the shopping experience is back on. In fact, store sales are limited to pre-ordering only, with pickup at the curb, or inside if necessary, if the store owner allows it and has reduced capacity by 50% which includes employees and customers. If many doors are open, it may be because the store owner is complying with the new retail COVID-19 regulations that favor increasing ventilation.

According to New York State’s FAQ on its New York Forward plan and Business Reopening: “In-store pickup is defined as a customer placing an order for specific item(s) by phone or internet in advance, then collecting such order at the retail location. The retail location must abide by physical distancing requirements which prohibit occupancy within the location to no more than 50% of the maximum occupancy, including both employees and customers. Customers are only allowed on the premise to retrieve their prearranged order; not to browse or place an in-person order. Customers must maintain 6 feet of space from others or wear an acceptable face covering, if unable to maintain such distance.”

No Hair Cuts Yet

Salons, beauty services like lashes and nails, tattoo establishments and other touch-based businesses are not included in Phase 1. Hair salons, however can sell products, as other retail stores can. Currently, these professional services are in Phase 2. The barber in Kingston, Joseph LaLima, who was operating illicitly did so from his home, having taken the Governor’s edict to work from home literally.

The barber told the New York Times: “‘He said do not open up your shops, barbershops, beauty parlors, nail salons, tattoo parlors,’ Mr. LaLima said on Friday, referring to the governor. ‘So I didn’t.’ Mr. LaLima, who spoke just after his release from a four-day hospitalization, began to get agitated. ‘It said you can work from home,’ he said. ‘678 Broadway is my home!’”

But for the barbering profession, Governor Cuomo’s position is that it is not possible to socially distance while cutting or styling hair. According to the New York Times, the barber is being investigated by the Ulster County District Attorney: “The Ulster County district attorney’s office sees the matter differently: It has launched an investigation into whether Mr. LaLima violated public health laws, a criminal offense, and whether any of his clients may face penalties. ‘This kind of flouting of the rules is unacceptable, and it puts lives in danger,’ said Patrick K. Ryan, the Ulster County Executive. ‘We are taking it very seriously.’”

Outdoor Dining

County Executive Molinaro did provide guidance on outdoor dining at restaurants, especially in light of this holiday weekend: “While the state does not yet permit restaurants to host outdoor dining, County parks have picnic tables available for families to enjoy this weekend; residents will find social distancing measures in place around these tables.”

Safety First

The reopening comes with many new safety requirements. All businesses, including essential businesses, must develop a COVID-19 Health and Safety Plan. A COVID-19 template for a plan has been published by New York State. This plan does not need to be submitted to a state agency for approval but must be retained on the premises of the business and must made available to the New York State Department of Health (DOH) or local health or safety authorities in the event of an inspection.

The Dutchess Business Notification Network outlined this point about OSHA: “The US Department of Labor has adopted revised policies for enforcing OSHA’s requirements with respect to coronavirus as economies reopen in states throughout the country. The revised policies cover increased in-person inspections at all types of workplaces, and the enforcement policy for recording cases of coronavirus.” That OSHA policy can be found here.

Businesses wondering about what Phase they are in can use this new Lookup Tool from New York State, which includes a “Regulation Wizard” that links a reader with the relevant category’s regulations. To get an idea of how a retail business must comply with this new plan, click here to read the COVID-19 regulations, which include social distancing right of way in an isle, or barriers if social distancing cannot happen between employees or customers. For a bakery, for instance, click here for their COVID-19 regulations.

As for testing, employees of essential businesses or businesses opening in Phase 1 are eligible for COVID-19 testing. Testing sites can be found here.

Future Phases

Governor Cuomo has said there is a 14 day minimum between phases, due to the incubation period of the virus. As of 5/18/2020, “he did not clarify his remarks on the parameters being shortened to allow regions to move into the next phase before the 14 day minimum,” according the Dutchess Business Notification Network.

Phase 2:
Professional Services
Retail
Administrative Support
Real Estate / Rental & Leasing

Phase 3:
Restaurants / Food Services

Phase 4:
Arts / Entertainment / Recreation
Education