Agenda Item 3
April 27, 2010
Introduction
MEMORANDUM
TO:
FROM:
SUBJECT:
fJounty
Council
~ichael
Faden, Senior Legislative Attorney
Introduction:
Bill 28-10, Economic Development - Business Development
Corporation - Establishment
Bill 28-10, Economic Development - Business Development Corporation ­
Establishment, sponsored by Council President Floreen, Councilmember Trachtenberg, Council
Vice President Ervin and Councilmembers Navarro and Knapp, is scheduled to be introduced on
April 27, 2010. A public hearing is tentatively scheduled for May 18 at 1:30 p.m.
Bill 28-10 would authorize and encourage County government to support a Montgomery
Business Development Corporation and specify the members of, and the process to appoint and
'confirm members of, the Corporation Board of Directors.
This packet contains
Bill 28-10
Legislative Request Report
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Bill No.
28-10
Concerning: Economic Development ­
Business Development Corporation ­
Establishment
Revised: 4-16-10
Draft No. 7
Introduced:
April 27. 2010
Expires:
October 27, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N'-"o""n.!.!:e=---_ _ _ _ __
Ch. _ _• Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen, Councilmember Trachtenberg, Council Vice President Ervin and
Councilmembers Navarro and Knapp
AN ACT to:
(1)
(2)
(3)
(4)
authorize and encourage County government to support a Montgomery Business
Development Corporation;
specifY the members of, and the process to appoint and confirm members of, the
Corporation Board of Directors;
define the nature and powers ofthe Corporation; and
generally amend County laws relating to economic development.
By adding
Montgomery County Code
Chapter 30B, Montgomery Business Development Corporation
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill
No. 28-10
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Sec. 1. Chapter 30B, Montgomery Business Development Corporation, is
added as follows:
Chapter 30B, [Reserved] Montgomery Business Development Corporation.
30B-1.
Policy objectives; Corporation activities.
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Recognizing that
~
ill
the future success of Montgomery County related to
welfare~
education, infrastructure, public safety, public
on
vibrant and growing economy,
and quality of life is built
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ill .
successful businesses are the key to
creating this economy, and
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government must create
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legislative and regulatory
environment which encourages business success, the County Government supports
the formation of
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Montgomery Business Development Corporation.
The mission of the Montgomery Business Development Corporation is to
develop the vision for the County's economic future and to recommend and
advocate for legislative and regulatory changes that move the culture and
regulatory environment so that business success can create that vibrant and
growmg economy.
The Corporation must:
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®
establish
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vision of the economic future of the County founded on
sound financial and economic condition and policies;
develop and articulate strategies designed to achieve that VISIOn,
advocate for legislative and regulatory changes necessary to
accomplish that vision, set measurements, and regularly report on the
County's success in meeting its objectives and goals;
if}
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provide leadership on economic issues at both the County and State
levels;
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engage business leaders and other key stakeholders in developing and
implementing economic development strategies;
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BILL
No.
28-10
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maintain close liaison with government agencIes and elected
representatives at both the County and State levels to achieve the
goals of the Corporation; and
ill
30B-2.
undertake any other activities deemed
Qy
the Board of Directors to
support the mission of the Corporation.
Definition.
In
this
Chapter "Corporation"
means
the
Montgomery
Business
Development Corporation.
30B-3.
Board of Directors.
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The Board of Directors of the Corporation must have no more than
11
members In addition, the Director of the Department of Economic
Development, the Superintendent of the County Public Schools or
!!
Deputy Superintendent assigned
Qy
the Superintendent, and the chair
of the County Planning Board or the Planning Director assigned
Qy
the chair, serve as ex-officio non-voting members.
{hl
Each voting member must be either
!!
resident of the County
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employed in the senior management of
!!
major company which has
!!
significant presence in the County.
The County Executive must
appoint the remaining members, subject to confirmation
Qy
the
County Council, as follows:
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one volunteer officer of
!!
Chamber of Commerce in the County
who is recommended
Qy
the Chambers of Commerce;
one owner of
!!
small business in the County;
one owner or officer of the senior management of
!!
medium­
sized business located in the County; and
ill
1m to
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officers from the senior management of major
companies which have
!!
significant presence in the County.
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BILL
No. 28-10
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The Board must recommend one or more persons to the Executive to
fill any vacancy on the Board. The Executive may reject any person
recommended to serve on the Board and in that case must request
additional recommendations from the Board.
Of the members initially appointed to the Board,
.4
must be appointed
to I-year terms,
.4
must be appointed to 2-year terms, and
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must be
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appointed to 3-year terms. Thereafter each voting member serves
£!
year term. At the end of
£!
term,
£!
member continues to serve until
£!
successor is confirmed. A member who is appointed to complete an
unexpired term serves only for the rest of that term or until
£!
successor is confirmed.
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The Executive may reappoint
£!
member for one additional term who
is recommended
Qy
the Board to serve an additional term, but
£!
member must not serve more than
2.
consecutive full terms.
ill
(g)
The Executive may remove
£!
member for malfeasance, misfeasance,
or nonfeasance, or another reason specified in the Corporation bylaws.
The Board must periodically select
£!
chair and vice-chair, and may
select from among its members any other officer to perform duties
it
finds necessary.
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(hl
A member must not be paid for service on the Board but may be
reimbursed for necessm travel expenses.
A member is not subject to Chapter I9A because of serving on the
Board.
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30B-4.
The Board must direct the program, management, and finances of the
Corporation.
Status; incorporation; bylaws.
The Corporation is
£!
quasi-public corporation organized under the
laws of Maryland.
It
is not an instrumentality of County government.
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BILL
No.
28-10
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It
may exercise all powers and is subject to all requirements which
apply to non-stock corporations under the Corporations and
Associations Article of the Maryland Code.
(Q)
The Executive, or any person designated
Qy
the Executive, must
execute and file Corporation articles of incorporation, approved Qy
resolution
Qy
the Council, for recording' with the State Department of
Assessments and Taxation. When the articles of incorporation are
accepted for recording
Qy
the Department of Assessments and
Taxation, the Corporation becomes
properly created.
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body corporate, lawfully and
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(£l
The Council may amend the articles of incorporation
Qy
adopting
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resolution submitted
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the Board of Directors and approved
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the
Executive .or, if the resolution is disapproved
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the Executive,
readopting it Qy
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vote of
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Councilmembers. Any amendment must
be filed and recorded with the State Department of Assessments and
Taxation.
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The Board must adopt bylaws for the Corporation, subject to approval
Qy
the CounciL
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Those bylaws must include provisions regulating
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conflicts of interest
Qy
Board members and
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Corporation staff, if
any. The public must be given at least
12
days to comment on the
proposed by-laws, or any amendment to the bylaws, before the
Council approves them.
30B-5.
ill}
Work program.
The Corporation must adopt
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work program each year to advance the
policy objectives and perform the activities listed in Section 30B-I.
(Q)
In
its work program, the Corporation should complement the strategic
economic development activities of the Department of Economic
Development.
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BILL
No.
28-10
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(£l
The Corporation's work program may include
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plan for sponsorship
of private investment, marketing, and advocacy initiatives.
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The Board must meet with the Executive and Council at least semi­
annually, and must advise the Executive and Council on economic
development and related matters.
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30B-6.
Staff; support from County Government.
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The County Government must provide administrative and financial
support for the Corporation, including contracts, grants, or services in
kind, subject to appropriation.
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®
The Office of Management and Budget, the Department of Finance
and other departments of County government and County-funded
agencies, if requested, must provide relevant economic data to the
Corporation.
The research division of the Planning Board must
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provide research support to the Corporation.
(£l
The Corporation should review and comment on data furnished under
subsection.{Ql
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The Corporation may also raise private funds and may accept services
from any source consistent with its purposes.
30B-7.
Report.
The Board of Directors must report annually on the activities and finances of
the Corporation to the Executive and Council.
Approved:
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Nancy Floreen, President, County Council
Date
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LEGISLArlVE REQUEST REPORT
Bill 28-10
Economic Development
-
Business Development Corporation
-
Establishment
DESCRIPTION:
Authorize and encourage County government to support a
Montgomery Business Development Corporation.
Specify the
membership of and process to select the Corporation's Board of
Directors.
The County's economic development efforts would benefit from
support and advice from a high-level private business organization
To advance the economic development and prosperity of the County
County Executive, Department of Economic Development
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable
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