Madison County Board of Health adopts resolution recommending phased reopening; vote 26–2

Madison County Board of Health Chairman Kurt Prenzler presided over a telephonic special session on May 12, 2020, at which the board adopted a resolution recommending phased reopening guidelines for Madison County by a 26–2 roll‑call vote.

The resolution, titled “Resolution to Recommend Guidelines for the Responsible Reopening of Madison County,” was moved by Ray Wesley and seconded by Mike Walters. State’s Attorney Tom Gibbons told the board the document was advisory only: “Until a court of law tells us that the Governor’s order is not lawful … we are for better or worse stuck with it,” he said, adding that the board may still offer recommendations to the public.

The 12‑page resolution frames reopening as an effort to balance public health, constitutional rights and economic recovery. It cites 15,000 new unemployment claims during March and April, a WARN notice from U.S. Steel warning of as many as 737 potential job losses, and concerns about reduced revenue at the Roxana refinery. The text explicitly states it “makes no comment or opinion or promise as to the insurability or licensure of any individual or business” that reopens contrary to state orders.

The resolution includes a four‑phase reopening plan with specified occupancy thresholds and estimated date ranges: Phase 1 (estimated May 13–27) would allow retail at 25% occupancy and limited in‑person dining at 25%; Phase 2 (May 28–June 12) would raise retail to 50% and restaurant seating to 50%; Phase 3 (June 13–27) would expand retail to 75% and restaurants to 75%; and Phase 4 (estimated June 27) contemplates fully reopening if public‑health data permit. The document repeatedly urges adherence to CDC guidance and warns that operating contrary to state executive orders could jeopardize licenses or insurance coverage.

Board members split along pragmatic and precautionary lines in debate. Supporters, including members Chapman, McRae and Madison, argued the county must act to prevent further economic harm to small businesses and local employers, with one member saying survey responses and constituent contacts overwhelmingly supported reopening. Opponents and cautious voices, led by Ms. Novacich‑Koberna and Mr. Valentine, urged waiting for clearer guidance from the Governor and warned of possible state sanctions, funding loss or insurance gaps.

Public‑health staff answered factual questions during the discussion. Health Department Director Toni Corona said the county was still reporting cases: “We’re continuing to see cases … Today, we are 406 cases in 33 days,” she said while noting county dashboard and state Department of Public Health data trends. At a later point in the meeting one board member referenced a county total of 446 cases; the board did not reconcile the two counts during the session.

Legal guidance from Tom Gibbons emphasized the limits of the board’s authority and that enforcement of state executive orders would remain with state officials unless and until the courts ruled otherwise. Gibbons advised individual business owners concerned about licensure or insurance to consult their own counsel, saying the county had limited resources to provide personalized legal advice.

After the roll‑call vote (ayes 26, nays 2 — Holliday and Valentine), Chairman Prenzler declared the resolution adopted. Mr. Madison advised business owners who elect to reopen to contact their liability insurers to discuss coverage. The board recessed the special session until June 17, 2020.

The resolution is advisory and does not change state law or the Governor’s executive orders; the State’s Attorney’s Office and Health Department said they would continue to monitor legal developments and case data and could issue further local guidance if warranted.