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HomeMy WebLinkAbout2009-033RESOLUTION NO. 2009 033 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE COUNTY ADMINISTRATOR'S OFFICE AS THE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR ALL PURPOSES; DESIGNATING THE COUNTY ADMINISTRATOR'S OFFICE AS THE COUNTY ECONOMIC DEVELOPMENT AGENCY WITH RESPECT TO THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, A DEPENDENT SPECIAL DISTRICT OF INDIAN RIVER COUNTY; DESIGNATING THAT THE COUNTY ADMINISTRATOR IS THE ECONOMIC DEVELOPMENT OFFICER OF THE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR ALL PURPOSES INVOLVING NEW BUSINESS COMING INTO THE COUNTY OR EXPANDING BUSINESSES; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statutes section 288.075(1)(a)4 defines "economic development agency" as the public economic development agency of a county or, if a county does not have a public economic development agency, the county officers or employees assigned the duty to promote the general business interests or industrial interests of that county or the responsibilities related thereto; and WHEREAS, Florida Statutes section 288.075(2)(a) provides that, upon written request from a private corporation, partnership, or person, information held by an economic development agency concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand its business activities in this state is confidential and exempt from Florida Statutes section 119.07(1) and section 24(a), Art. I of the State Constitution for twelve (12) months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first ; and WHEREAS, Florida Statutes section 288.075(2)(b) provides that, an economic development agency may extend the period of confidentiality specified in subsection (2)(a) for up to an additional twelve (12) months upon written request from the private corporation, partnership, or person who originally requested confidentiality under Florida Statutes section 288.075(2) and upon a finding by the economic development agency that such private corporation, partnership, or person is still actively considering locating, relocating, or expanding its business activities in this state; and WHEREAS, Florida Statutes section 288.075(3) allows "trade secrets" (as defined in Florida Statutes section 688.002) held by an economic development agency to be confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution; and 1 RESOLUTION NO. 2009 033 WHEREAS, Florida Statutes section 288.075(4) allows "proprietary confidential business information" held by an economic development agency to be confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution, until such information is otherwise publicly available or is no longer treated by the proprietor as proprietary confidential business information; WHEREAS, pursuant to Resolution 2007-162, duly adopted by the Board of County Commissioners on December 4, 2007, the County Administrator was confirmed as the County Economic Development Officer and the County Administrator's Office was confirmed as the County Economic Development Agency with respect to major league baseball; and WHEREAS, the Board of County Commissioners has determined that it is necessary and desirable to designate the County Administrator's Office as the County Economic Development Agency for all economic development purposes in the County, including, without limitation, the Indian River County Solid Waste Disposal District, a dependant special district of Indian River County. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The County Administrator's Office is hereby designated as the County Economic Development Agency (the "Agency") and the County Administrator and the County Commissioner designated as liaison to the County Economic Development Council are hereby designated as the County Economic Development Officers (the "Officers") for all of the purposes of Florida Statutes section 288.075, (the "Act"). For the purpose of this Resolution the Agency shall include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County. SECTION 2. The Agency, by and through the Officers, are authorized and directed to honor, pursuant to and in all respects subject to the Act, any request for confidentiality received from a private corporation, partnership, or person with respect to its plans to locate, relocate, or expand any of its business activities in the County. Further, pursuant to and in all respects subject to the Act, "trade secrets" and "proprietary confidential business information" held by the Agency, by and through the Officer, is confidential and exempt from Florida Statutes section 119.07(1) and s. 24(a), Art. I of the State Constitution. SECTION 3. The County Administrator in his capacity as Officer may designate, in writing, one or more County employees to be assigned the duty to promote the general business interest or industrial interest of Indian River County or the responsibilities related thereto; in such event, the County employee(s) shall be deemed to be Officers of the Agency for all purposes under the Act and this Resolution. 2 RESOLUTION NO.2009 033 SECTION 4. This Resolution is not intended, and shall not be construed, to delegate any function of the Board of County Commissioners. The policy of the County has been established by Resolution and it is the function of the County Administrator, in the exercise of his administrative function to carry out that policy. SECTION 5. SAVINGS PROVISION. From and after the effective date of this Resolution, Resolution 2007-162 shall remain in full force and effect until otherwise modified, supplemented, or amended by the Board of County Commissioners. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. This Resolution was moved for adoption by Commissioner Solari , and the motion was seconded by Commissioner wheeler and upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis ABSENT Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Gary C. Wheeler AYE The Chairman thereupon declared the resolution duly passed and adopted this 7th day of April, 2009. Attest: J. K. Barton, Clerk By Deputy erk Approved as to form and legal sufficiency: ��+ County Attorney INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners By Joseph E. Flescher, Vice Chairman 3