PLACEMENT: Board and Committee Appointments
TITLE:
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BUSINESS DEVELOPMENT BOARD APPOINTMENT
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EXECUTIVE SUMMARY:
executive summary
After solicitation of applicants due to a member's term expiring, the Board is asked to make the necessary appointment to be the Martin County representative to the Business Development Board.
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DEPARTMENT: Administration
PREPARED BY: Name: Donna Gordon
Title: Administrative Services Program Coordinator
REQUESTED BY: Business Development Board of Martin County
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Business Development Board was initially created pursuant to the Mutual Termination and Rescission of September 15, 2009 Agreement between Martin County and the Business Development Board of Martin County, Inc. and Economic Development Services Agreement.
In June 2017, the Bylaws of the Business Development Board of Martin County, Inc. were amended (see attached).
The members of the Board of Directors shall be appointed by the Members as enumerated below.
a) Martin County, Florida shall be entitled to appoint one representative to the Board of Directors, who shall serve term of two years.
b) The City of Stuart, Florida shall be entitled to appoint one representative to the Board of Directors, who shall serve a term of two years.
c) The Martin County Council of Chambers shall be entitled to appoint one representative to the Board of Directors, who shall serve an initial term of three years, and shall thereafter serve a term of two years.
d) The Economic Council of Martin County shall be entitled to appoint one representative to the Board of Directors, who shall serve an initial term of three years, and shall thereafter serve a term of two years.
e) Indian River State College shall be entitled to appoint one representative to the Board of Directors, who shall serve a term of two years.
f) The Rural Indiantown Revitalization Advisory Board shall be entitled to appoint one representative to the Board of Directors, who shall serve an initial term of three years, and shall thereafter serve a term of two years.
g) The Realtor Association of Martin County shall be entitled to appoint one representative to the Board of Directors, who shall serve an initial term of three years, and shall thereafter serve a term of two years.
h) The Marine Industries Association of the Treasure Coast, Inc. shall be entitled to appoint one representative to the Board of Directors, who shall serve a term of two years.
The Board of Directors by a majority vote shall be entitled to appoint up to seven at-large members, as permitted by Section 8. Each at-large representative shall have one vote. The President shall appoint a Nominating Committee to review applications for at-large members to the Board of Directors and submit recommendations for at-large members to the Board of Directors, to be approved by the Board of Directors by a majority vote. In making their recommendations, the Nominating Committee shall review applications of potential board members who would bring value and expertise to the Board of Directors, taking into consideration at-large members who represent manufacturing, aerospace, health care, agriculture, small business, entrepreneurs, information technology/telecommunications, power generation, banking/finance, private capital, economic development experience and expertise, K through 12/technical education and business applications of social media. In order to accomplish the desired staggering of terms of members of the Board of Directors, the Nominating Committee shall designate at-large members serving an initial three-year term and those serving an initial two-year term. After the initial term of office, all at-large directors shall serve two-year terms.
The Administration Staff advised Edward Weinberg that his term will expire on September 30, 2025. Mr. Weinberg was provided an Application for Appointment to complete and return if so desired.
* The Board is advised that appointment of Mr. Weinberg would create a conflict because his business, EW Consultants, Inc., currently provides environmental consulting services to the Martin County Utilities Department. Section 112.313(7)(a) Florida Statutes, provides that "no public officer...shall have or hold employment or contractual relationship with any business entity...which is...doing business with an agency of which he or she is an officer or employee." In accordance with Section 112.313(12), Florida Statutes, the Board can waive this conflict for board members prior to a vote on the appointment. An effective waiver requires a two-thirds vote of the Board after full disclosure of the conflicting relationship. Form 4A, Disclosure of Business Transaction, Relationship, or Interest, is attached hereto and constitutes full disclosure of any existing conflicts.
An Information Release soliciting applicants was emailed via Constant Contact to the Outreach Martin and Local Media email lists which includes local Chambers of Commerce, local businesses, local media, and citizens. The Information Release was also posted to the County's web page under News.
The Administration Staff will advise all the applicants of Commission's decision which will include Sunshine Law, conflicts of interest law, and public records law information to the appointed individual. A letter/certificate of appreciation will be mailed to Mr. Weinberg if he is not re-appointed. The Chair will sign the letter and certificate.
ISSUES:
The Board is asked to appoint ONE individual to the Business Development Board for a term to begin October 1, 2025 and end September 30, 2027. Voting sheet attached.
Mario G. Menocal Giuseppe "Joey" Pistone Edward R. Weinberg (incumbent)
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law.
RECOMMENDED ACTION:
RECOMMENDATION
A. Move that the Board waive Ed Weinberg's conflict of interest under Section 112.313(12) Florida Statutes by a two-thirds vote based on the disclosure of the relationship in the Form 4A Disclosure of Business Transaction, Relationship, or Interest.
B. Move that the Board appoint one individual to the Business Development Board for a term to begin October 1, 2025 and end September 30, 2027 and authorize the Chair to sign the letter/certificate, if necessary.
ALTERNATIVE RECOMMENDATIONS
Move that the Board not waive the conflict of interest and appoint one of the other two applicants.
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
?Budget Transfer / Amendment ? Chair Letter ?Contract / Agreement
?Grant / Application ?Notice ?Ordinance ?Resolution
?Other: