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Board of County Commissioners Meeting Minutes - Final July 14, 2020 Administrator Brown stated that he was no longer comfortable issuing emergency orders on this topic, and he requested that the Board approve an ordinance to replace Emergency Order 2020-15. Commissioner O'Bryan announced that four (4) of the six (6) states with the lowest increase in COVID-19 cases had strict mandatory mask orders. He went on to discuss the fines, and suggested that the first non-compliance offense would be a warning, the second offense would carry a $25 fine, and the third offense would carry a $50 fine. He received confirmation from Attorney Reingold that if approved by the Board, the proposed Face Covering Ordinance could sunset in 30 days and only be extended by a super -majority vote. To address Commissioner Zorc's concern for enforcing the ordinance, Attorney Reingold stated that he had worked with Undersheriff Jim Harpring of the Indian River County Sheriff s Office to put together a code citation form. Administrator Brown also mentioned his conversations with Undersheriff Harpring to clarify that the Sheriffs Office was not interested in arresting individuals for not wearing a face covering, but would educate and encourage the public when called upon. Commissioner Zorc again mentioned St. Lucie County's Executive Order exemptions and discussed his concern regarding harassment. A motion was made by Commissioner O'Bryan, seconded by Chairman Adams, to adopt the proposed Face Covering Ordinance, providing for adoption of recitals; providing for face covering requirements and exceptions; providing for penalties and enforcement; providing for applicability, conflict, severability and effective date, with the following modifications: 1) Sections 2.1. and 2.2., strike "where social distancing is not possible"; 2) Section 2.7., change the word "good" to "goods"; 3) Section 2.10.A., change to read "persons under the age of six years"; 4) Section 3.2., for uncontested violations, change the penalty for the first offense to a warning, the second offense to a fine of $25.00, and the third offense to a fine of $50.00; 5) add an expiration/sunset date to be 30 days following the date the Ordinance is filed with the Secretary of State; and 6) add that the Ordinance can be extended by a super -majority vote. The motion failed by the following vote: Aye: 2 - Chairman Adams, and Commissioner O'Bryan Nay: 3 - Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Commissioner O'Bryan then recommended the less restrictive version of the Face Covering Ordinance, mentioned previously by Attorney Reingold, to replace Emergency Order 2020-15. He explained that the less restrictive ordinance would require face coverings to be worn by employees of businesses that are open to the public and located in the unincorporated areas of the County, and by all persons entering County facilities or utilizing public transit and transportation. Commissioner O'Bryan restated the modifications that were relevant from the previous motion, and he requested input from his fellow Commissioners regarding an expiration/sunset date. Indian River County Florida Page 14