Dutchess County Makes It Easier For Restaurants To Use Public Spaces Outside On June 9

According to a press release by Dutchess County, the County Executive Marcus Molinaro cut red tape to make it easier for restaurants to go around regulations to serve outside by signing this Executive Order today. Recently, that has been confusing for business owners and patrons, as public space was available to anyone to use (such as a picnic table in a park), but private property was not (such as a patio behind or adjacent to a restaurant). According to a business briefing last Tuesday by Beacon’s retained law firm, Keane & Beane, restaurants could use public spaces such as sidewalks, but not private property yet.

The press release:

“To help facilitate outdoor dining, which can begin tomorrow, Tuesday, June 9th in Dutchess County as part of Phase II, Dutchess County Executive Marc Molinaro today signed a local Emergency Order waiving local regulations and requirements that could cause a potential burden or delay for local establishments to expand outdoor dining space. The executive order will also aid in the local efforts to provide access to municipal-owned land, including sidewalks, streets, etc. contiguous to a licensed establishment in coordination with the local municipality.

”County Executive Molinaro said, “By partnering with our twenty towns, eight villages and two cities we are working to remove every obstacle possible to support our small businesses and Open Main Street. As you can, with what you can, please support our neighborhood businesses as we reignite our economy and restart Dutchess.”

Beacon Farmers Market Opens For In-Person, Time-Slot-Based Pickup; SNAP Available; Delivery Remains For Those Quanrantined

Photo Credit: The produce photo is by Maple View Farm.

Photo Credit: The produce photo is by Maple View Farm.

This Sunday, May 31, 2020, the Beacon Farmers Market will open on its usual outdoor summer spot on Veterans Place, in between the Post Office and Towne Crier and across the street from Beacon Natural. For the past several weeks, the Beacon Farmers Market has been doing pre-order and delivery only, which was a huge undertaking that involved two different website builds, and order fulfillment from several vendors.

The market will remain offering online pre-orders for those who are immune-compromised, at risk, or quarantined, as well as for any SNAP customers participating in the pre-order coupon program. SNAP customers who need to use it for pre-ordering online can learn how to do that here for SNAP which includes $30 worth of groceries. Otherwise, SNAP will be accepted in person at the market on Sunday.

Like the rest of the Phase 1 opening, this will be a slow reopen, and will not be the socialness as usual. Expressed on the market’s Instagram and website: “Please be mindful that our number one priority is human health. Our mission is to make local and responsibly harvested food available to you while helping the local food economy and supply survive. It is important to remember that New York is still on pause, and undergoing a slow, phased reopening. This is not the usual social gathering space as we know it.”

While farmers markets were deemed essential businesses and could remain open, the Beacon Farmers Market opted to go delivery and pickup only. “We are taking COVID 19 very seriously,” continued the reopening message on their Instagram. “We have re-designed the layout and protocol for the safety of our patrons, vendors, and staff for this upcoming season.”

How To Shop Properly At The Beacon Farmers Market COVID-19 Style

You’ll need a shopping spot that is a 30-minute opportunity to walk the market to get your things. Sign up for your shopping time-slot here. But, according to the Beacon Farmers Market, if your desired time slot is full, or if it’s full when you arrive, walk-ins will be accommodated. In other-words, everyone is figuring it out, and you can wait in a social distanced manner around the are of the market.

Read the shopping guidelines here on the shopping signup page, so as to be prepared of how you need to be when you go to market. Highlights include:

  • Wearing a mask to enter the market.

  • Limit of shoppers to 1 person per household.

  • Get in, get out. Shop safely and efficiently.

  • About shopping: The time you pick to shop is not an appointment. It’s an approximation, according the Beacon Farmers Market: “Time slot registrations are not appointment times. If the market is at capacity when you arrive, please wait patiently for entry.”

Legal Webinar To Review NY Governor's Reopening Plan - Hosted By Beacon's Attorneys' Firm

Businesses live with a lot of risk. Entrepreneurs tend to be risk averse, and don’t mind jumping with both feet into the unknown. Success is not always guaranteed, but a business owner will do as much as they can to get there. With the new Coronavirus world, and current pandemic we are living in, a whole new world of public health risk just opened up for business owners. To answer that, federal and regional laws are being created right before our eyes to help keep people protected, employed, fed, paid if not employed, housed, etc.

Businesses have a new set of guiding regulations to comply with as the regions reopen in phases. The law firm who Beacon contracts with to advise them on several legal matters, Keane and Beane, is hosting a free webinar to help guide businesses through this new legal landscape: “Re-Imagining New York: Preparing To Re-Open And Consideration Of Legal Issues And Best-Practice Tips.”

After having followed the attorneys from Keane and Beane at weekly City Council meetings and the Zoning and Planning Board meetings, this webinar will be one you want to attend if you are a business owner. The presentation will answer considerations of what can be done to get ready, and will review the Plan and explain the preparation that can be done now to get ready. The attorneys will review the forms and documents required for the upstate regions opening now.

Topics Covered In This Presentation


Topics include:

  • What’s required for the mandatory Health & Safety Plan

  • Consequences of an improper certification

  • Labor and employment law issues

  • Lease modification considerations

  • Site plan and land use compliance issues

  • State requirements for re-opening retail

  • State requirements for reopening construction

Interested attendees should RSVP to Barbara Durkin at bdurkin@kblaw.com. An email with the webinar sign-on information will be sent the morning of the program.

Mid-Hudson Region (Dutchess County) Reopens Phase 1 Tuesday - But This Ain't No Door Buster

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

Reopening Resource Links For Businesses

Business COVID-19 Reopening Plan With New Safety Measures Template

Business Lookup Tool With Regulation Wizard For New York State

New York State’s Essential Business List and Guide

New York State’s PAUSE Enforcement Task Force

New York’s Phases For Reopening

New York State’s Frequently Asked Questions (FAQ) on New York Forward and Business Reopening

CDC Guidelines For Preparing Small Business and Employees For The Effects Of COVID-19

Dutchess Business Notification Network

New OSHA Policy COVID-19 Information

COVID-19 Testing Sites

Beacon Flower Shops Stay Closed But Shoppable Amid NY State Wide Gardening Reopen

beacon-flower-shops-stay-closed-but-shoppable-MAIN.png

Gardening centers in New York are open on the first reopening day in New York state - May 15, 2020 - but retail floral shops have to keep their doors closed. But that does not mean they aren’t open for business and slinging flowers from inside behind a closed door. According to Governor Cuomo, “Certain low-risk business and recreational activities --including Landscaping, Gardening, Tennis & Drive-In-Movie Theaters -- will reopen statewide on May 15th.”

A garden center is usually outside, but can have a retail component to it inside, like Sunny Gardens on Route 9D in Wappingers. A retail flower shop on Main Street, however, falls under retail, and shops on Main Street have been keeping their doors closed, but doing as much business as they can from the inside via curbside pickups and deliveries.

Since the beginning of the PAUSE order, retail shops have been able to have one person in the store to process orders and get shipping ready. Many shop owners in Beacon have been doing personal deliveries - sometimes same day!

raven rose flowers.png

Retail In Dutchess County As Of Reopening Day: Doors Closed, But Owners Serve As Personal Shoppers From Inside Via Phone

The physical shopping experience inside of retail shops remains on New York’s PAUSE plan, and when a region meets its metrics, Retail is in Phase 2. Dutchess County has not yet met its metrics. According to a press release sent by Dutchess County earlier this week, the County Executive Marcus Molinaro at a Town Hall delivered digitally on May 13, 2020, indicated that the reopening would come in time.

“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 Dutchess County, to meet. A single day with an increase over the previous day in either category resets the 14-day clock. The County Executive noted that without some adjustment to those metrics, the Mid-Hudson Region could be forced to wait much longer than originally anticipated to enter ‘Phase 1’ even though there is overall improvement in all categories.”

Shop owners of all kinds - from clothing to floral - have turned into personal shoppers for people. During this spring season, floral shops on Main Street have been busy - as busy as they can be in a shut-down. Says Courtney Sedor of Raven Rose: “Raven Rose is open per the mandate for curbside pickup and delivery Tuesday-Saturday 11am-3pm. Flexible pickup is possible as I live above the store so have accommodated customers for early morning pickups or evenings if they are still working.”

Flora Good Times’s owner Corinne Bryson has been taking questions and special requests via her shop’s Instagram, and even started a new virtual consulting service for people needing to know how to plant indoors or out and need a plant whisperer.

Ordering From Flower Shops On Main Street

Batt’s Florist and Sweets in the middle of Main Street has been delivering almost daily since before Easter, Raven Rose on Beacon’s east end (near the mountain) has been inside her shop making bouquets and arrangements for pickups, Mother’s Day, weddings, elopements, baby showers, and funerals. Flora Good Times has been hosting bouquet making video workshops, slinging a subscription flower service, and making deliveries.

“Can I Come In…?”

People are ready to shop. That much is clear. Target has been open, hardware stores are open, grocery stores, etc. The social aspect and visual experience of shopping is real, and people want it back. Corinne of Flora Good Times told A Little Beacon Blog: “I had a dozen or more people hell-bent on coming into the shop last weekend.”

Last weekend was Mother’s Day, and Flora Good Times had been heavily promoting Mother’s Day bouquets that people could come pick up outside of the store, or could arrange for delivery. Flora Good Times is a very small shop with somewhat of a greenhouse in the back, so the humidity factor inside is high, and social distancing inside would be difficult. “I had to keep the door locked and I put a sandwich board out saying ‘curbside pickup pre-orders only.’ I made people order from their cars, to be honest.”

Back on the east end of Main Street, at Raven Rose, owner Courtney has been inside of the shop during her regular open hours, “partially to keep my sanity,” she told A Little Beacon Blog, but with the door closed. “People can pick up, and I am inside making arrangements for delivery orders like weddings for a single bridal bouquet and boutonniere, and funerals. One woman pre-ordered a bouquet, picked it up, and as she was walking down the street with it in her arms, another woman asked where she got it. So, that woman called the store to ask if she could buy one too, and I said sure, and had it ready in 20 minutes.”

Flora Good Times’ Home page, letting visitors select the online retail side, or the brochure side of the site. Photo Credit: Flora Good Times

Flora Good Times’ Home page, letting visitors select the online retail side, or the brochure side of the site.
Photo Credit: Flora Good Times

Website Shopping - The Floral Shops Go Online For Pickup Orders

What has been one of the biggest trends in storefronts staying alive or keeping a pulse - is building a website that makes their inside inventory available online. Not all brick and mortars go down the path of offering a website, as it is a daunting task, but the pandemic called for desperate measures. Several of store owners took deep breaths and took the plunge into building a website in order to keep selling to their customers.

raven rose pruning sheers.png

Both Flora Good Times and Raven Rose were florists that put energies into getting their inventory online quickly. Flora Good Times launched a second website via Square that just lists the items for sale right now. This includes seeds, planters, indoor plants, bouquets, home goods and plant care like this very necessary metal watering can.

Raven Rose has a large store with an open-air feeling. Her inventory goes well beyond flowers to include home goods, books, interior design items, and gardening items like these totes adorbs pruning sheers.

However you get your flower on this spring, you do have options in Beacon. See A Little Beacon Blog’s Shopping Guide to COVID-19 tips and retail discoveries.