Expedited Bill No.
28-10
Concerning: Economic Development ­
Business Development Corporation ­
[[Establishment]] Designation
Revised: 7-8-10
Draft No.
--1..L
Introduced:
April 27, 2010
Enacted:
July 20,2010
Executive:
July 29. 2010
Effective:
July 29,2010
Sunset Date:
---!..!N~on~e~
_ _ _ _ __
Ch.
~,
Laws of Mont. Co.
2010
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen, Councilmember Trachtenberg, Council Vice President Ervin and
Councilmembers Navarro, Knapp, Leventhal and Berliner
AN EXPEDITED ACT to:
(1) authorize [[and encourage]] County government to [[support]] designate a
[[Montgomery]] Business Development Corporation to supplement the County's
economic development programs and activities;
(2) specify [[the members of, and]] the process to [[appoint and confirm members of,
the Corporation Board of Directors]] designate a nonprofit comoration to function as
the County's Business Development Comoration;
(3)
define the nature and powers of the Corporation; and
(4)
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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EXPEDITED BILL No.
28-10
1
Sec.
1.
Chapter
30B,
[[Montgomery]]
Business
Development
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Corporation, is added as follows:
Chapter 30B, [Reserved] [[Montgomery]] Business Development Corporation.
30B-I.
Policy objectives[l.;. Corporation activities]]:
Recognizing that
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the
future success of Montgomery County related to
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education, infrastructure, public safety, public welfare, and quality of life is built
on
f!
vibrant and growing economy,
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successful businesses are the key to
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creating this economy, and
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government must [[create]] foster
f!
legislative and
regulatory environment which encourages business success, to achieve these goals
the County Government [[supports the formation of
f!
Montgomery Business
Development Corporation]] must designate a nonprofit corporation as the County's
Business Development Corporation to enhance and supplement mthe County's
economic development programs and activities.
The mission of the [[Montgomery]) Business Development Corporation
to
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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 be able to:
{ill
establish
f!
vision of the economic future of the County founded on
sound financial and economic condition and policies;
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®
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;
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provide leadership on economic issues at both the County and State
levels;
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EXPEDITED BILL
No.
28~10
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@
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engage business leaders and other key stakeholders
in
developing and
implementing economic development strategies;
maintain close liaison with government agencies and elected
representatives at both the County and State levels to achieve the
goals of the Corporation; and
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30B-2.
undertake any other activities deemed
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the Board of Directors to
support the mission of the Corporation.
[[Definition]] Designation.
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In this Chapter "Corporation" means the [[Montgomery]] Business
Development Corporation that the County has designated to study,
evaluate,
enhance,
and
supplement
the
County's
economIC
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development programs and activities.
(hl
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The County Council must designate, by resolution approved by the
County Executive, a single nonprofit corporation which complies with
all requirements and criteria of this Chapter as the County's Business
Development Corporation.
If
the Executive disapproves the
resQlution within 10 days after receiving it. the Council may readopt
the resolution with at least 6 affirmative votes.
W
ill
Any designation under this Section expires at the end of the
fifth full fiscal year after the resolution is adopted unless the
rouncil extends the designation by adopting another resolution
unger this Section.
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However, if the Council President does not notify the Chair of
the designated Corporation's Board of Directors, not later than
June 30 of the fourth full fiscal year of the designation term,
that the Council may allow the current designation to expire,
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i=vc:,,:::I'"II'Tc:1'"I
BILL
No. 28-10
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the designation is automatically extended for another 5-year
term.
@
The Council at any time may suspend or revoke the designation of a
corporation as the County's Business Development Corporation by
resolution? adopted after at least 15 days public notice. that is
approved by the Executive. or, if the Executive disapproves the
resolution within 10 days after receiving it, is readopted by a vote of
at least 6 Councilmembers.
To continue to qualify as the County's Business Development
Corporation. a corporation's articles of incorporation and bylaws must
comply with all requirements of this Chapter.
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30B-3.
Board of Directors.
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[[The]]
To qualify as the County's Business Development
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Corporation, a corporation's Board of Directors [[of the Corporation]]
must Dave no more than
11
voting members. [[In addition,]] The
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corporation's bylaws should also allow the Director of the Department
of Economic Development, the Superintendent of the County Public
Schools
[[or
a
Deputy
Superintendent
assigned
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the
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Superintendent]]", the President of Montgomery College. and the chair
of the County Planning Board or the Planning Director [[assigned Qy
the chair]]", to serve as ex-officio non-voting members along with any
other nonvoting members authorized under the bylaws.
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®
Each voting member must be either
f!
resident of the County or
employed in the senior management of
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[[major]] company which
has
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significant presence in the County. The [[County Executive
must appoint the remaining members, subject to confirmation Qy the
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ExpE.OlIEO
BILL
No. 28-10
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County Council, as follows]] voting members of the Board of
Dir~ctors
should include:
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one volunteer [[officer]] representative of g Chamber of
Commerce in the County who is recommended
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the
Chambers of Commerce;
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one owner ofg small business in the County;
one owner or officer of the senior management of g medium­
sized business located in the County; and
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to
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officers from the senior management of malor
companies which have g significant presence in the County.
[[{£}
The Board must recommend one or more persons to the Executive to
fill any vacancy on the Board. The Executive may rei ect 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,
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must be appointed
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to I-year terms,
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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 g 3­
year term. At the end of g term, g member continues to serve until g
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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[[W
The Executive may reappoint g member for one additional term who
is recommended
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the Board to serve an additional term, but
member must not serve more than
2
consecutive full terms.]]
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[[ill
The Executive may remove
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member for malfeasance, misfeasance,
or nonfeasance, or another reason specified in the Corporation
bylaws.]]
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~~~
BILL
No. 28-10
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[[(g) The Board must periodically select
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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]]W
A member must not be paid for service on the Board but may be
reimbursed for necessary travel expenses.
[[ill]](fU
A member is not subject to Chapter 19A because of serving on the
Board. The Corporation's bylaws must include provisions defining
and regulating conflicts of interest by Board members and
COJ;l'oration staff.
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Notwithstanding any inconsistent provision of County Code Section
19A-21.
a member of the Board of Directors who engages in
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legislative or administrative advocacy as part of that member's duties
on the Board is not required to register as a lobbyist under Article V
of Chapter 19A because of that advocacy.
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[[ill]]
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The Board must direct the program, management,
the [[Corporation]] corporation.
and finances of
30B-4.
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Status;
incorporation;
bylaws.
[[The Corporation is
laws of Maryland.
government.]]
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quasi-public corporation organized under the
It
is not an instrumentality of County
To qualify as the County's Business Development
Corporation, a corporation's articles of incorporation must provide
that the corporation is:
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a tax-exempt nonprofit corporation;
not an instrumentality of the County; and
incorporated for the sole purpose of serving as the County's
Business Development Corporation.
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EXPEPITED BILL No. 28-10
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(hl
The Corporation's bylaws may contain any provision, not inconsistent
with law or the articles of incorporation, necessary to govern and
manage the Corporation.
[[It]]
The Corporation may exercise all
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powers and is subject to all requirements which apply to non-stock
corporations under the Corporations and Associations Article of the
Maryland Code.
[[ili.}
The Executive, or any person designated
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the Executive, must
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execute and file Corporation articles of incorporation, approved
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resolution
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the Council, for recording with the State Department of
Assessments and Taxation. When the articles of incorporation are
accepted for recording
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the Department of Assessments and
Taxation, the Corporation becomes
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body corporate, lawfully and
properly created.]]
[[{Q)
The Council may amend the articles of incorporation
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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
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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.]]
[[@]]!£)
The Board must adopt and may amend the Comoration's bylaws
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[[for the Corporation]].t subject to approval
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the Council. [[Those
bylaws must include provisions regulating conflicts of interest
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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.
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The bylaws must require the Comoration to comply with the state
open meetings law and provide that all meetings of the Board of
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EXPEDITED BILL
No.
28-10
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Direc;tors must be open to the public except when closed on a
recorded vote of the Board for a reason expressly listedjn the state
law or the bylaws.
30B-S.
Work program.
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The [[Corporation]] Board of Directors must adopt
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work program
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each year to advance the policy objectives and perform the activities
listed in Section 30B-l.
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In its work program, the Corporation should complement the strategic
economic development activities of the Department of Economic
Development.
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{£}
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 the Council at least
semi-annually.[[.1 and]] The Board 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]]
Department
of Economic
Developm~nt
should, if the Boar<:i of Directors requests, 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]] the Board of Directors reauests.1 [[must]]
should provide relevant economic data to the Corporation.
The
research division of the Planning Board must provide research support
to the Corporation to the extent assigned by the Planning Board's
work program, as approved by the Council.
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ExPEDITED BILL
No.
28-10
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{£}
[[The Corporation should review and comment on data furnished
under subsection
(Q1]]
[[@]]
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.
Sec. 2.
Expedited Effective Date.
The Council declares that this Act is necessary for the immediate protection of
the public interest. This ,Act takes effec:t on the date when it becomes law.
Sec.
3.
Timetable.
The fITst resolution adopted under Section 30B-2. inserted
by Section 1 of this Act. must take effecton October
1.
2010. Any corporation that
seeks to be designated as the County's Business Development Corporation must
submit proposed articles of incorporation and bylaws to the County Executive and
County Council by September 1.2010.
Approved:
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1'lJ
Nancy Floreen. Pres' ent, County Council
Approved:
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This is a correct copy o/Council action.
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~~.~
Linda M. Lauer, Clerk of the Council
~a:.2W&
Date
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