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HomeMy WebLinkAboutRatify the Economic Development Council Bylaws.pdf1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager Chris Kukulski, City Manager SUBJECT: Commission Ratification of the Economic Development Council Bylaws MEETING DATE: April 26, 2010 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Ratify the Economic Development Council Bylaws. BACKGROUND: On March 18, 2010, the Economic Development Council (EDC) convened for the first time and, in addition to conducting other EDC business, established and approved EDC bylaws for Commission consideration (Attachment 1). The objective of the EDC, as stated in the bylaws, “is to advise the City Commission on economic development issues and review the implementation of the City of Bozeman Economic Development Plan”. On April 12, 2010, by a vote of 5 – 0, the Bozeman City Commission provisionally adopted Ordinance 1784 creating an Economic Development Council (Attachment 2). Final adoption of Ordinance 1784 is scheduled for the Commission’s consent agenda on April 26, 2010. Title 2.86.020 Section D. 2 of Ordinance 1784 states: The Economic Development Council shall adopt bylaws enabling it to elect officers, set officer terms, and establish regular meeting times. As noted above, the EDC has approved the bylaws as presented. If ratified by the City Commission, the EDC is compelled operate and function within the parameters set forth in the approved and ratified bylaws. FISCAL EFFECTS: TBD ALTERNATIVES: As suggested by the City Commission. Report compiled on: April 21, 2010 Attachments: 1) EDC Bylaws; and 2) Provisionally adopted Ordinance 1784 50 City of Bozeman Economic Development Council Bylaws Approved by the Economic Development Council March 18, 2010 Approved by the Bozeman City Commission ______ __, 2010 51 Economic Development Council Bylaws 2 of 7 Economic Development Council Bylaws Article 1 Organization - Objectives Section 1.1 Creation The Economic Development Council (EDC), hereinafter referred to as Council or EDC was created on _______, 2010, by City of Bozeman Ordinance No. 1784. Section 1.2 Objectives The objective of the EDC is to advise the City Commission on economic development issues and review the implementation of the City of Bozeman Economic Development Plan. Section 1.3 Duties, Responsibilities and Authority The Board shall have the following duties and responsibilities: 1. Advise the City Commission on economic development issues. 2. Review the implementation of the City of Bozeman Economic Development Plan and provide related recommendations. 3. The council may have such other duties and responsibilities as the City Commission, from time to time, may direct. 4. The actions of the council shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City Commission or upon the City. The City may adopt all or any part of any recommendation of the council, with or without any changes made by the City Commission as City policy. Article II Office of Agency Section 2.1 City Staff Liaison The Council shall maintain its offices in the office of the City staff person designated to assist the Council as staff liaison. The staff person so designated shall attend most meetings of the Council and will be responsible to assist the Council in the scheduling of meetings, preparation and distribution of 52 Economic Development Council Bylaws 3 of 7 agendas and minutes, and providing notification of Board activities to interested parties. The staff person shall serve as the liaison between the Council, the City Manager and the City Commission. Section 2.2 Reporting Requirements The Council or staff liaison shall provide to the office of the City Clerk, an agenda at least three (3) working days prior to a meeting of the board. The board shall provide to the office of the City Clerk, minutes of every board meeting within sixty (60) days of the close of the meeting. Except for properly called executive sessions as permitted by state law, all board meetings shall be open to the public and any citizen shall have access to the agenda, minutes and records thereof at reasonable times through the office of the City Clerk. Article 3 Members, Terms and Qualifications Section 3.1 Members, 1. All appointments to the EDC shall be made by the Bozeman City Commission. 2. The majority of Council members shall be business leaders and economic development leaders. 3. There shall be seven (7) members of the Economic Development Council and there shall always be at least five (5) but not more than seven (7) members of the EDC, amendable from time to time by duly approved resolution of the Bozeman City Commission. The terms of the initial seven members shall be as follows. One (1) member to serve for one (1) year, two (2) members to serve for two (2) years, two (2) members to serve for three (3) years and two (2) to serve for terms of four (4) years from the date of their appointment. After initial terms, council members shall serve three (3) year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. 4. The City Commission shall affirm one City Commissioner to act as liaison between the Council and Commission. 5. A council member shall receive no compensation for his or her service. Board members shall be entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. 6. Persons of legal age may be appointed to the Council. A majority of the council shall be residents of the City. Nonresident members of the Council shall have some interest in the City by virtue of working in the city or owning property in the city. Section 3.2 Resignations and Vacancies 53 Economic Development Council Bylaws 4 of 7 Resignations from the Board shall be submitted in writing to the City Clerk, with a copy to the Chair and Staff Liaison. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. Section 3.3 Removal from Office 1. A council member may be removed by a majority vote of the City Commission for any reason. 2. Three (3) unauthorized consecutive absences from regularly scheduled Council meetings shall be grounds for removal as a member of the Council. Absences shall be authorized by the Council Chairperson or Vice-Chairperson. Article 4 Officers and Their Duties Section 4.1 1. The Council shall elect from its voting members a Chair, Vice-Chair and Recording Secretary at its first regular meeting of each calendar year. 2. The Chair shall preside at all meetings of the Council and shall exercise the duties normally conferred by parliamentary procedure on such officers. The Chair may call special meetings, and generally perform other duties as may be prescribed by the Board or City Commission. The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board. 3. The Chair, Vice-Chair and Recording Secretary shall vote as members of the Council. 4. The Vice-Chair shall have the authority to act as Chair in the absence or disability of the Chair. 5. In the event of the absence of the Chair and Vice-Chair, the members of the Council shall select an Acting Chair. 6. The Recording Secretary shall be responsible for taking attendance at, and taking, preparing and distributing minutes of, all meetings. In the absence of the Recording Secretary, the Chair shall appoint any member present to act in the capacity of Recording Secretary. After Council approval of the minutes, the signed original shall be sent to the office of the City Clerk as the official record of the meeting. Article 5 Meetings Section 5.1 Schedule 54 Economic Development Council Bylaws 5 of 7 1. The Council shall hold regularly scheduled meetings as frequently as necessary to fulfill its objectives and not less often than quarterly. A regular meeting place for the Council shall be established. 2. Special Meetings may be called as needed by the Chair, the Staff Liaison, or any three (3) members of the Council. 3. Executive Sessions may be called as needed by the Chair, the Staff Liaison, or any three (3) members of the Council solely for consideration of matters which will be discussed pursuant to 2.3.203 of Section 3 and 4 of Montana Code Annotated. The public will be excluded from these Executive Session discussions. 4. Special Committees may be appointed by the Chair for purposes and terms which the Council approves. Ex officio members may be nominated by the Council for selection by the City Commission. Section 5.2 Quorum A majority of the appointed Council shall constitute a quorum. Section 5.3 Public Meeting and Ethical Requirements 1. A member of the Council who has a financial interest in an item under consideration by the Council shall declare a conflict of interest and shall not participate in the Council discussion and vote taken on the item. In such event of disqualification from a conflict of interest, such fact shall be entered into the minutes of the meeting. All council activities and members are subject to all provisions of the Bozeman Municipal Code, including Chpt. 2.01, Code of Ethics. 2. All meetings of the Council shall be subject to Montana open meeting laws and may not be held with less than 48 hours notice. All written and electronic information shall be considered a public record and subject to disclosure pursuant to Montana law. 3. Ordinance No. 1784, providing for the creation of the Economic Development Council shall prevail if discrepancies occur between Ordinance No. 1784 and these bylaws. Section 5.4 Rules of Order Meetings of the Council shall be conducted according to the most current edition of Robert’s Rules of Order, unless otherwise specified in these bylaws. A member of the Council or the City Staff Liaison may be designated by the Council Chair to serve as parliamentarian. No action of the Council, is official, however, unless authorized by a majority of members present at a properly called meeting in which a quorum is present. 55 Economic Development Council Bylaws 6 of 7 Section 6 Bylaw Amendments Bylaw amendments may be introduced in writing by any member of the Council at a regular meeting. Action by a majority of the Council on the amendments may be taken on a second reading at a future regular meeting. Bylaws shall not be amended in conflict with City of Bozeman policies or Ordinances and the City Commission shall be provided with copies of bylaw amendments. The City Commission may invalidate amendments by a majority vote. These bylaws approved by the Economic Development Council this 18th day of March, 2010. _______________________________________ Chris Westlake Chair, Economic Development Council These bylaws approved by the City Commission this______ day of _______, 2010. __________________________________________ Jeffrey K. Krauss Mayor APPROVED AS TO FORM: __________________________________________ Greg Sullivan City Attorney 56 1 of 6 ORDINANCE NO. 1784 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.86 OF SAID CODE PROVIDING FOR THE CREATION OF THE ECONOMIC DEVELOPMENT COUNCIL AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. WHEREAS, The Bozeman City Commission adopted the City of Bozeman Economic Development Plan on August 3, 2009 by Resolution No. 4195; and WHEREAS, the stated goal of the Economic Development Plan is a strong and diverse economy; where the needs of business are met through sufficient infrastructure, efficient regulatory environment, adequate education and workforce development; where economic development resources are leveraged, a more collaborative working partnership exists between the business community and the City of Bozeman; and Bozeman’s high quality of life is preserved; and WHEREAS, The Economic Development Plan has an implementation matrix which lists recommended priorities for the City of Bozeman to implement the Plan; and WHEREAS, implementation matrix 5. c within the Economic Development Plan directs the City Commission to establish an Economic Development Council, consisting of business leaders, city staff, economic development leaders, and others; to advise the City Commission on economic development issues and to review the implementation of this City of Bozeman Economic Development Plan; and 58 Ordinance No.1784, Creating the Economic Development Council 2 of 6 WHEREAS, on November 2, 2009, the City Commission unanimously passed a motion to direct the City Manager to actively recruit a group of individuals willing to serve on a seven member Economic Development Council; and WHEREAS, on February 1, 2010 the City Commission appointed seven individuals to serve initial terms on the Economic Development Council; NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana; Section 1 That the table of contents of Title 2 of the Bozeman Municipal Code be amended so that such table of contents shall read as follows: Title 2 ADMINISTRATION AND PERSONNEL Chapters: 2.01 Code of Ethics 2.04 City Commission 2.05 Acquisition and Transfer of City Property 2.06 Municipal Court 2.08 City Manager 2.10 Assistant City Manager 2.12 Administrative Departments Generally 2.16 City Attorney Department of Law 2.20 Health Officer 2.30 Office of the City Clerk 2.32 Department of Finance 2.36 Division of Recreation 2.40 Department of Public Safety 2.44 Department of Public Service 2.48 Department of Public Welfare 2.56 Library Board of Trustees 2.64 City County Planning Board 2.66 City Planning Board 2.72 City Employees 2.76 Cemetery 2.78 Bozeman Area Bicycle Advisory Board 280 Historic Preservation Advisory Board 59 Ordinance No.1784, Creating the Economic Development Council 3 of 6 2.84 Bozeman Beautification Advisory Board 2.86 Economic Development Council 2.88 Tax Increment Financing Industrial District Board 2.90 Business Improvement Districts Boards of Trustees 2.92 Bozeman Tree Advisory Board 2.96 Bozeman Senior Citizens Advisory Board 2.98 Quality Jobs and Living Wage Section 2 That there shall be added to Title 2 of the Bozeman Municipal Code, the following Chapter: Chapter 2.86 ECONOMIC DEVELOPMENT COUNCIL Sections: 2.86.010 Purpose and Intent 2.86.020 Economic Development Council 2.86.010 Purpose and Intent The purpose and intent of this chapter is to provide for an Economic Development Council consisting of business leaders, economic development leaders, and others; to advise the City Commission on economic development issues and to review the implementation of the City of Bozeman Economic Development Plan as adopted by Resolution No. 4195. 2.86.020 Economic Development Council A. Creation – Powers, Duties and Authority The Bozeman City Commission creates the Bozeman Economic Development Council (EDC) and authorizes the EDC to exercise any of the following powers and duties: 1. Advise the City Commission on economic development issues. 2. Review the implementation of the City of Bozeman Economic Development Plan and provide related recommendations. 3. Adopt bylaws, subject to the approval of the Bozeman City Commission, for the operation of the board. 4. The Council may have such other duties and responsibilities as the City Commission, from time to time, may direct. 5. The actions of the council shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City Commission or upon the City. The City may adopt all or any part of any recommendation 60 Ordinance No.1784, Creating the Economic Development Council 4 of 6 of the council, with or without any changes made by the City Commission as City policy. B. Members – Appointments and Terms. 1. All appointments to the EDC shall be made by the Bozeman City Commission. 2. The majority of Council members shall be business leaders and economic development leaders. 3. There shall be seven (7) members of the Economic Development Council and there shall always be at least five (5) but not more than seven (7) members of the EDC, amendable from time to time by duly approved resolution of the Bozeman City Commission. The terms of the initial seven members shall be as follows. One (1) member to serve for one (1) year, two (2) members to serve for two (2) years, two (2) members to serve for three (3) years and two (2) to serve for terms of four (4) years from the date of their appointment. After initial terms, council members shall serve three (3) year staggered terms. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments for the balance of the term remaining. 4. The City Commission shall affirm one City Commissioner to act as liaison between the Council and Commission. 5. A council member shall receive no compensation for his or her service. Board members shall be entitled to previously authorized expenses, including travel expenses, incurred during the discharge of duties. 6. Persons of legal age may be appointed to the Council. A majority of the council shall be residents of the City. Nonresident members of the Council shall have some interest in the City by virtue of working in the city or owning property in the city. 7. A council member may be removed by a majority vote of the City Commission for any reason. C. Office of Agency – Staff Support. The Council shall maintain its records in the office of the City staff person designated to assist the Council. The staff person so designated shall attend most meetings of the Council and will be responsible to assist the Council in the scheduling of meetings, preparation and distribution of agendas and meeting minutes and perform other supportive functions that may be considered reasonable in the execution of the duties of the Council. The staff person may also serve as the liaison between the Council, the City Manager and the City Commission. D. Meeting – Election of Officers. 61 Ordinance No.1784, Creating the Economic Development Council 5 of 6 1. The Economic Development Council shall hold meetings as it deems necessary to execute its powers and duties as provided in this ordinance. 2. The Economic Development Council shall adopt bylaws enabling it to elect officers, set officer terms, and establish regular meeting times. E. Duration. The Economic Development Council shall remain in effect as long as necessary to achieve the goal of the Council. F. Ethics Ordinance. All council activities and members are subject to all other provisions of this code, including Chapter 2.01, Code of Ethics. G. State Law Applicable. All meetings of the Council shall be subject to Montana open meeting laws and may not be held with less than 48 hours notice. All written and electronic information shall be considered a public record and subject to disclosure pursuant to Montana law. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Effective Date. 62 Ordinance No.1784, Creating the Economic Development Council 6 of 6 This Ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. Section 6 Codification Instruction. The provisions of Sections 1 and 2 shall be codified as appropriate in Title 2 (Chpt. 2.86) of the Bozeman Municipal Code. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___ day of ________, 2010. ______________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ________ day of _________, 2010. The effective date of this ordinance is ______ _____, 2010. ______________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney 63