Board of County Commissioners on 2020-07-07 1:30PM- Face Coverings Ordinance

BOARD OF COUNTY COMMISSIONERS FINAL MINUTES 7/7/2020 9:00 AM MINUTES JOHN F. & RITA M. ARMSTRONG WING OF THE BLAKE LIBRARY 2351 SE MONTEREY ROAD, STUART, FLORIDA 34996 Taryn Kryzda, County Administrator Sarah W. Woods, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller COUNTY COMMISSIONERS Harold E. Jenkins II, Chairman Stacey Hetherington, Vice Chair Doug Smith Sarah Heard Edward V. Ciampi Flooding in the Hobe Heights Area & Face Coverings CALL TO ORDER 5 - Chairman Harold E. Jenkins II Vice Chair Stacey Hetherington Commissioner Doug Smith Commissioner Sarah Heard Commissioner Edward V. Ciampi Present: 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA MOTION: A motion was made by Commissioner Ciampi, seconded by Commissioner Smith, to approve the agenda. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Page 1 of 57/7/20 FINAL MINUTES

COMMENTS 1. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. Senator Gayle Harrell addressed the Board regarding steps that could be taken at the state level to assist the County and the affected residents. 2. COMMISSIONERS None at this time. 3. COUNTY ADMINISTRATOR None at this time. WORKSHOP WORK-1 HOBE HEIGHTS FLOODING WORKSHOP Staff will present information about the flooding that occurred in the Hobe Heights neighborhood as a result of the extreme rainfall from late May into the first week of June. During the Workshop staff will provide details on the immediate actions taken to mitigate the flooding, the continuing efforts, as well as, the county’s outreach to our state partners for assistance. Agenda Item: 20-0857 Public Works Director Jim Gorton and Deputy County Administrator Don Donaldson provided the presentation to the Board. The members of the public who addressed the Board on this issue included: Benjamin McDonald, Peg Thicket, Tamara Putnam, Julian Rogers, Bryan Sarandrea, and Ariana Arrue. The following people addressed the Board regarding assistance and aid available at state and local levels: District Secretary Connor Mortell (on behalf of Representative Overdorf), Chief of Staff Stephen Leighton (on behalf of Congressman Mast), Hobe Sound Community Chest Board Member Eric Wesel, and United Way RSVP Director Kathleen Stacey. The Board gave direction for staff to investigate and bring back the following issues: (1) mapping of the area (2) information regarding buying out the homes, elevating the homes, and other options (3) is South Martin Regional Utility willing to invest in water and wastewater for the neighborhood (4) communicate with local agencies for joint pooling of funding (United Way, Red Cross, Community Chest, Community Foundation, etc.) (5) develop a permanent long-term plan Page 2 of 57/7/20 FINAL MINUTES

PUBLIC HEARINGS PH-1 PUBLIC HEARING TO CONSIDER EMERGENCY ADOPTION OF AN ORDINANCE AMENDING SECTION 51.4, ARTICLE 1, CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT, GENERAL ORDINANCES, MARTIN COUNTY CODE At the July 2, 2020 Special Board of County Commissioners meeting, the Board directed staff to set an Emergency Meeting for July 7, 2020 for purposes of discussing the emergency adoption of an ordinance amending Chapter 51, Disaster and Emergency Management, General Ordinances, Martin County Code Agenda Item: 20-0868 ORDINANCE NO. 1135 County Attorney Sarah Woods provided the presentation to the Board on the amended Emergency Management Ordinance. The following members of the public addressed the Board on this item: James Driscoll, Mona Leonard, and Amy Pritchett. MOTION: A motion was made by Commissioner Heard to waive the ten-day publication notice requirement for enactment of an ordinance contained in Section 125.66(2), Florida Statutes, to declare an emergency exists and declare that immediate action of the ordinance is necessary. The motion FAILED for lack of a second (Commissioner Ciampi initially seconded this motion, but later withdrew his second). Agenda Item: 20-0868 MOTION: A motion was made by Commissioner Smith, seconded by Commissioner Ciampi, that we approve the staff's recommendation relative to having the hearing in the first place, that we have met the emergency standards required, and that we are under a declaration of emergency, for the purposes of opening up the hearing and having the rest of the conversation. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Agenda Item: 20-0868 MOTION: A motion was made by Commissioner Smith, seconded by Commissioner Heard, to approve the change to the emergency management ordinance which allows for the designation of the administrator to be the person who declares local state of emergency and the person who signs emergency orders. Enact the civil penalties portion. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Page 3 of 57/7/20 FINAL MINUTES

Agenda Item: 20-0868 Since an emergency order would have included a criminal (misdemeanor) element, but an emergency ordinance would not, the Board chose not to consider the draft emergency order and proceeded directly to Item PH-2. PH-2 PUBLIC HEARING TO CONSIDER EMERGENCY ADOPTION OF AN ORDINANCE MANDATING PERSONS TO WEAR FACE COVERINGS IN PUBLIC The Board of County Commissioners (“Board”) requested an emergency order immediately mandating persons to wear face coverings in public in Martin County to help reduce the spread of the Novel Coronavirus Disease 2019 (COVID-19) to protect the health, safety and welfare of the citizens and visitors in Martin County. The County Attorney recommends that the Board adopt an emergency ordinance, instead of an emergency order, to mandate face coverings in public. Agenda Item: 20-0874 ORDINANCE NO. 1136 County Attorney Sarah Woods presented the Face Coverings Ordinance to the Board. Ms. Woods presented the following recommendation to the Board: that the Board waive the ten-day publication notice requirement for enactment of an ordinance contained in Section 125.66(2), Florida Statutes, to declare an emergency exists and declare that immediate enactment of an ordinance is necessary. MOTION: A motion was made by Commissioner Smith, seconded by Commissioner Heard, approve staff's recommendation [to hear the item]. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Agenda Item: 20-0874 The following members of the public addressed the Board on this item: Michael Zitner, Donna Goodman, Jan Mozingo, Todd Mozingo, Laura Joiner, Peter Skumanich, Lisa Marie, Tom Steele, Keith Bessette, Mona Leonard, Michael Syrkus, Lee-Ann Fries, Jennifer Sparks, Randel Miley, Richard Dolezal, Brittney Mozingo, Amy Pritchett, Massey Campos, Cheryl Schwochert, James Driscoll, Dr. Brian Moriarity, Meghan England, Ashley Froehling, Dr. Laura Pate, Dr. Kristy Stark, Carly DuBois, Amanda Weakley, Medical Staff President Tiffany Weakley, Dr. Robin Kass, Shawn Smith, Doug McClain, V.F., Glen Collins, Christopher Collins, Attorney Jennifer Kerr, Ashley Calderone, Josh Nelson, Megan Pyvus, Jonathan Chontos, Will Laughlin, P.D. Wedemeyer, Robert Ranieri, Ron Taylor, FL Dept. of Health Epidemiologist Karlette Peck, Carol Ann Leonard, Meredith Lee, Terry Pinder, Carol Schneider, Carroll Brennan, Livia DeBonet, Shana K., Jane Logan, S.K. Adorno, Amy Allerdyce, Teri Grandone, and Christina Acevedo. MOTION: A motion was made by Commissioner Heard, seconded by Commissioner Ciampi, to adopt the proposed ordinance mandating the face Page 4 of 57/7/20 FINAL MINUTES

coverings in public. Retain the language in paragraph 'i' and the signage stays the same. Add 'Religious organizations in their houses of worship' to the Applicability section [Part V]. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Agenda Item: 20-0874 MOTION: A motion was made by Commissioner Hetherington, seconded by Commissioner Smith, that we provide masks in every community, make them available, and provide hard copies of signage to businesses. The motion CARRIED by the following vote: 5 - Chairman Jenkins II, Vice Chair Hetherington, Commissioner Smith, Commissioner Heard, and Commissioner Ciampi Aye: Agenda Item: 20-0874 The Board directed staff to hold a press conference on Friday, in lieu of a special meeting. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. ADJOURN The Board of County Commissioners meeting of July 7, 2020 adjourned at 6:48 p.m. _________________________ _________________________ Carolyn Timmann, Clerk of the Harold E. Jenkins, Chairman Circuit Court and Comptroller Board of County Commissioners /mkv Minutes approved: _________________________ This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback. Page 5 of 57/7/20 FINAL MINUTES

BOARD OF COUNTY COMMISSIONERS FINAL-REVISED 7/7/20 9:00 AM BOCC MEETING AGENDA JOHN F. & RITA M. ARMSTRONG WING OF THE BLAKE LIBRARY 2351 SE MONTEREY ROAD, STUART, FLORIDA 34996 Taryn Kryzda, County Administrator Sarah W. Woods, County Attorney Carolyn Timmann, Clerk of the Circuit Court and Comptroller COUNTY COMMISSIONERS Harold E. Jenkins II, Chairman Stacey Hetherington, Vice Chair Doug Smith Sarah Heard Edward V. Ciampi Flooding in the Hobe Heights Area & Face Coverings PRESET 1:30 PM - Public Hearing to Consider Emergency Adoption of an Ordinance Amending Section 51.4, Article 1, Chapter 51, Disaster and Emergency Management, General Ordinances, Martin County Code 1:45 PM - Public Hearing to Consider Emergency Adoption of an Ordinance Mandating Persons to Wear Face Coverings in Public CALL TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA COMMENTS 1. PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. 2. COMMISSIONERS 3. COUNTY ADMINISTRATOR WORKSHOP WORK-1 HOBE HEIGHTS FLOODING WORKSHOP Printed on 7/6/20207/7/20 BOCC FINAL-REVISED Page 1 of 2

Staff will present information about the flooding that occurred in the Hobe Heights neighborhood as a result of the extreme rainfall from late May into the first week of June. During the Workshop staff will provide details on the immediate actions taken to mitigate the flooding, the continuing efforts, as well as, the county’s outreach to our state partners for assistance. Agenda Item: 20-0857 PUBLIC HEARINGS PH-1 PUBLIC HEARING TO CONSIDER EMERGENCY ADOPTION OF AN ORDINANCE AMENDING SECTION 51.4, ARTICLE 1, CHAPTER 51, DISASTER AND EMERGENCY MANAGEMENT, GENERAL ORDINANCES, MARTIN COUNTY CODE At the July 2, 2020 Special Board of County Commissioners meeting, the Board directed staff to set an Emergency Meeting for July 7, 2020 for purposes of discussing the emergency adoption of an ordinance amending Chapter 51, Disaster and Emergency Management, General Ordinances, Martin County Code Agenda Item: 20-0868 PH-2 PUBLIC HEARING TO CONSIDER EMERGENCY ADOPTION OF AN ORDINANCE MANDATING PERSONS TO WEAR FACE COVERINGS IN PUBLIC The Board of County Commissioners (“Board”) requested an emergency order immediately mandating persons to wear face coverings in public in Martin County to help reduce the spread of the Novel Coronavirus Disease 2019 (COVID-19) to protect the health, safety and welfare of the citizens and visitors in Martin County. The County Attorney recommends that the Board adopt an emergency ordinance, instead of an emergency order, to mandate face coverings in public. Agenda Item: 20-0874 PUBLIC - PLEASE LIMIT COMMENTS TO THREE MINUTES. ADJOURN This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback. Printed on 7/6/20207/7/20 BOCC FINAL-REVISED Page 2 of 2