Agenda Item 8
November 29,2016
Public Hearing
MEMORANDUM
November 23,2016
TO:
FROM:
County Council
Robert
H.
Dnunmer, Senior Legislative Attorney
~
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SUBJECT:
Public Hearing:
Expedited Bill 47-16, Montgomery County Economic
Development Corporation - Board of Directors - Initial Terms - Amendments
Expedited Bill 47-16, Montgomery County Economic Development Corporation - Board
of Directors - Initial Terms - Amendments, sponsored by Lead Sponsor Council President at the
request of the County Executive, was introduced on November 15, 2016. Action is tentatively
scheduled for December 13.
Background
Bill 25-15, Economic Development - Reorganization - Montgomery County Economic
Development Corporation, enacted on June 30, 2015 and signed into law on July 7, 2015,
eliminated the Department of Economic Development and authorized the Council to designate a
non-profit corporation as the Montgomery County Economic Development Corporation. Bill 25­
15 also provided that the designated corporation have a Board of Directors appointed by the
Executive, subject to confirmation by the Council, to 3-year terms of office. The Executive
appointed each member of the Board to begin their term on December 30,2015.
Expedited Bill 47-16 would authorize the Executive to extend the initial tenns of office for
each Board member by up to 6 months to coincide with the fiscal year beginning on July 1. This
change would apply only to the Board members first appointed on December 30, 2015, and would
permit each Board member to be considered for a position as an officer when the Board elects
officers at the beginning of a fiscal year.
This packet contains:
Expedited Bill 47-16
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statement
Circle
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1
3
4
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F:\LAW\BILLS\1647 MCEDC - Board
Of
Directors\PH Memo.Docx
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Expedited Bill No.
47-16
Concerning: Montgomery
County
Economic Development Corporation ­
Board of Directors - Initial Terms ­
Amendments
Revised: November 10. 2016 Draft No.
£..
Introduced:
November 15.2016
Expires:
May 15. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:...:;o:::.!n..:.=e'--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
authorize the County Executive to extend the term of a voting member first appointed
to the Board of Directors to coincide with the end of a fiscal year; and
(2)
generally amend the law governing the Montgomery County Economic Development
Corporation.
By amending
Montgomery County Code
Chapter 30B, Economic Development
Section 30B-3
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 thefollowing Act:
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ExPEDITED BILL
No.
47-16
1
Sec. 1. Section 30B-3 is amended as follows:
30B-3. Board of Directors.
2
3
*
(b)
*
*
4
5
Each voting member serves a 3-year tenn. The individual tenns of the
voting members must be staggered. Of the voting members first
appointed, four must be appointed for a I-year term, four must be
appointed for a 2-year tenn, and three must
~e
6
7
8
9
10
11
appointed for.a 3-year
tenn. The Executive may extend the term of
~
voting member first
appointed for an additional
§
months or less to coincide with the end of
~
fiscal year. A voting member appointed to fill a vacancy serves the rest
of the unexpired term. A voting member continues in office until his or
her successor is appointed and confirmed.
12
13
*
Sec. 2.
*
*
14
15
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection ofthe public interest. .This Act takes effect on the date on which it becomes
law.
Approved:
16
17
18
19
20
Nancy Floreen, President, County Council
Date
21
Approved:
22
Isiah Leggett, County Executive
Date
f:\Iaw\bills\1647 mcedc - board of diredors\bill2.docx
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LEGISLATIVE REQUEST REPORT
Expedited
Bill 47-16
Montgomery County Economic Development Corporation
-
Board ofDirectors ­
Initial Terms
-
Amendments
DESCRIPTION:
This bill authorizes the County Executive to extend the term of a voting
member first appointed to the Board of Directors of the Montgomery
County Economic Development Corporation to coincide with the end of a
fiscal year.
The terms of the voting members first appointed to the Board do not
coincide with the end of a fiscal year.
PROBLEM:
GOALS AND
OBJECTIVES:
This change would expand the pool of experienced board members who
would be eligible to run for election in the Board's next annual meeting.
COORDINATION:
Office of the Chief Administrative Officer.
FISCAL IMPACT:
Office of Management and Budget.
ECONOMIC
IMPACT:
EVALUATION:
Office of Finance.
Subject to the general oversight of the County Executive and the County
Council.
EXPERIENCE
ELSEWHERE:
Unknown
SOURCES OF
INFORMATION:
Edward
B.
Lattner, Chief
Division of Government Operations
Office of the County Attorney
Lily Qi
Office of the Chief Administrative Officer
APPLICATION
WITIDN
MUNICIPALITIES:
None.
PENALTIES:
N/A.
F:\LA W\BILLS\1647 MCEOC • Board
Of
Directors\Legislative Request Report.Docx
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVll.LE, MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
November 9, 2016
To:
From:
Subject:
Nancy Floreen, President, County
coun~i~
],iah
Leggett, County Executive
-R~~--
Legislation to extend the term of board of directors-Montgomery County
Economic Development Corporation
I am attaching for Council introduction legislation to authorize the County
Executive to extend the term of a voting member first appointed to the Board ofDirectors of the
Montgomery County Economic Development Corporation (MCEDC) to coincide with the end of
a ·fiscal year, and to generally amend the law governing MCEDC as it relates to board tertns.
According to County Code Section 30B-3, each voting member serves a 3-year
term and the legislation amends that section by adding language such that the County Executive
may extend the term ofthe voting member first appointed for an additional 6 months or less to
coincide with the end of a fiscal year. The amendment would allow all board members,
regardless of their terms, to be considered for officers at the time of board elections, which take
place at the beginning of each fiscal year.
Attachment
cc:
Timothy
L.
Firestine, Chief Administrative Officer
Jennifer Hughes, Director, Office of Management and Budget
Alexandre Espinosa, Director, Department of Finance
Bonnie Kirkland, Assistant Chief Administrative Officer
Lily Qi, Assistant Chief Administrative Officer
Marc Hansen, County Attorney
Bob Buchanan, Chair, Montgomery County Economic Development Corporation
··3
montgomerycountymd.gov/311
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301-251-4850 TTY
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1
um.
Fiscal Impact Statement
Bill XX-16 Montgomery County Economic Development Corporation
- Board of Directors - Initial Terms - Amendments
1. Legislative Summary:
Bill XX-16 will authorize the County Executive to extend the term of a voting member
first appointed to the Board of Directors (Board) of the Montgomery County Economic
Development Corporation (MCEDC) to coincide with the end ofa fiscal year. According
to Montgomery County Code Section 30B-3, each voting member serves a three-year
term and the legislation amends that section by adding language such that the County
Executive may extend the tenn of the voting member first appointed for an additional six
.
months or less.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget.
This bill does not impact County revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
There are no estimated six year revenue or expenditure impacts as a result of this bill.
4.
An
actuarial analysis through the entire amortization period for each regulation that
would affect retiree pension or group insurance costs.
Not applicable.
5. An estimate of expenditures related to County's information technology
(IT)
systems,
including Enterprise Resource Planning (ERP) systems. .
No additional systems or resource planning will be required to implement the bill.
6. Later actions that may affect future revenue and expenditures if the regulation authorizes
future spending.
The bill does not authorize future spending.
7.
An
estimate ofthe staff time needed to implement the regulation.
The implementation of this bill will not require any additional staff time to enforce or
adopt extended terms for Board members.
8.
An
explanation of how the addition of new staffresponsibilities would affect other duties.
See number 7.
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9.
An
estimate of costs when an additional appropriation is needed.
No additional appropriation is needed with adoption of this bill.
10. A
description of any variable that could affect revenue and cost estimates.
There are no variables
that
impact revenue or costs estimates as a result of this bill.
11.
Ranges of revenue or expenditures that are uncertain or difficult to project.
See number
10.
12.
If the regulation is likely to have no fiscal impact, why that is the case.
The changes made in this bill simply extend the
term
of a voting members of the Board
of the Montgomery County Economic Development Corporation (MCDEC) to coincide
with the end of the fiscal year. Therefore, it has no fiscal impact.
13.
Ot:h,er fiscal impacts or comments.
Not applicable.
14.
The following contributed to and concurred with this analysis:
Lily Qi, the Executive Office
Dennis Hetman, Finance
Pofen Salem, Office of Management and Budget
Jennifer
Office
0
Date
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Economic Impact Statement
BiU
##-16,
Montgomery County Economic Development Corporation - Board of
Directors - Initial Terms
i
I.
Background:
This legislation would authorize the County Executive to extend the term of a voting
member first appointed to the Board of Directors (Board) ofthe Montgomery County
Economic Development Corporation (MCEDC) to coincide with the end of a fiscal year.
According to County Code Section 30B-3, each voting member serves a three-year term
and the legislation amends that section by adding language such that the County
Executive may extend the term ofthe voting member first appointed for an additional six
months or less.
1.
The sources of information, assumptions, and methodologies used.
There are no sources of information, assumptions, or methodologies used by the
Department of Finance in the preparation ofthe economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
There are no variables that could affect the economic impact estimates. Bill ##-16
essentially extends the term ofa voting member of the Board ofthe MCEDC to
coincide with the end of a fiscal year. Therefore, it has no economic impact.
3.
The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and· property values in the County.
Bill ##-16 has no positive or negative effect on employment, spending, savings,
investment, incomes, and property values in the County.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Bill ##-16 has no economic impact for the reasons stated in paragraphs 2
and
3.
5.
The following contributed to or concurred with this analysis: David Platt, Dennis
Hetman, and Robert Hagedoorn, Finance.
Alexandre
A.
Esp nosa, Director
Department of Finance
Date
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