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HomeMy WebLinkAbout2021-079RESOLUTION NO. 2021-079 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2020-104 EFFECTIVE DECEMBER 7, 2021; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from December 7, 2021 through calendar year 2022; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from December 7, 2021 through calendar year 2022. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Resolution No. 2020-104 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective December 7, 2021. 2. Commencing December 7, 2021, and continuing through December 31, 2022, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2021); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively] exists in Indian River County. 1 RESOLUTION NO. 2021-079 The Resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner Earman , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice -Chairman Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE The Chairman thereupon declared the Resolution duly passed and adopted this 7th day of December, 2021 with an effective date of December 7, 2021. ATTEST: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller INDIAN RIVER COUNTY, FLORIDA LBy: By Deputy Clerk Approved as to form and legal sufficiency: By: 3 ylan Reingold, County Attorney I Peter D. O'Bryan, ChaMna