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HomeMy WebLinkAboutApprove ratification of South Bozeman Technology District Board bylaws1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Commission Ratification of the South Bozeman Technology District Board Bylaws. MEETING DATE: November 18, 2013 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Ratify the South Bozeman Technology District Board Bylaws. BACKGROUND: On March 18, 2010, the South Bozeman Technology District Board (the “Board”) convened for the first time and, in addition to conducting other District business, established and approved Board bylaws for Commission consideration (Attachment 1). The objective of the Board, as stated in the bylaws, is to implement the South Bozeman Technology District’s (the “District”) Comprehensive Development Plan (the “CDP”), pursuant to M.C.A. 7-15-4295 (2011) and BMC 2.05.10 sec. 1750 – 1850. Specifically, the Board will: 1) Advise on the implementation of the CDP for the District; 2) Advocate and coordinate the complete and full implementation of the CDP within the boundaries of the District; and 3) Further community goals and objectives identified in the CDP, including administering the District. On May 20, 2013, via Resolution 4439, the Bozeman City Commission created the South Bozeman Technology District Board. Ordinance 1861, effective July, 3, 2013 states in section 2.05.1780 B: “A board created pursuant to this division shall adopt bylaws enabling it to elect officers, set officer terms and establish regular meeting times. All bylaws must be approved by the city commission.” Staff recommends Commission ratification of the Board bylaws as presented. 37 2 FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Report compiled on: November 6, 2013 Attachments: 1) SBTD Board bylaws. 38 1 SOUTH BOZEMAN TECHNOLOGY DISTRICT BOARD BYLAWS ARTICLE I - CREATION The South Bozeman Technology District (the “District”) was created by Ordinance 1844 on November 5, 2012. The South Bozeman Technology District Board (the “Board”), was authorized on May 20, 2013 via Commission Resolution 4439. ARTICLE II - OBJECTIVES The objectives of the Board are to implement the District’s Comprehensive Development Plan (the “CDP”). Specifically, the Board will: A. Advise on the implementation of the CDP for the District; B. Advocate and coordinate the complete and full implementation of the CDP within the boundaries of the District; and C. Further community goals and objectives identified in the CDP, including administering the District. ARTICLE III – DEFINITIONS As used in these bylaws: A. “City Commission” means the elected legislative body for the City of Bozeman, Montana; B. “Mayor” means the chief executive of the City of Bozeman, Montana; C. “Redevelopment” may include: 1. Acquisition of a blighted area or portion thereof; 2. Demolition and removal of buildings and improvements; 3. Installation, construction, or reconstruction of street, utilities, parks, and other improvements necessary for carrying out in Bozeman the urban renewal provisions of BMC 2.05.10 sec. 1750 – 1850 and in accordance with the District CDP; and 39 2 4. Making the land available for development or redevelopment by MSU Innovation Campus, MSU Alumni Foundation, along with private enterprise partners, including sale or leasing, at its fair value for uses in accordance with the District CDP. D. “Rehabilitation” may include the restoration and renewal of a blighted area or portion thereof, in accordance with the District CDP by: 1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; 2. Acquisition of real property and demolition of buildings or other improvements thereon where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; 3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary in the District; and 4. The disposition of any property acquired in such urban renewal area including sales, or leasing, at its fair value for uses in accordance with such urban renewal plans. E. “Urban Renewal Area” means blighted area which the City Commission designates as appropriate for an urban renewal project or projects. F. “Urban Renewal Project” means undertakings or activities of the City of Bozeman in the Bozeman urban renewal areas for the elimination and for the prevention of the development or spread of blight, and may involve redevelopment in the South Bozeman Technology TIF District Area; or rehabilitation or conservation in the South Bozeman Technology TIF District Areas, or any combination or part thereof in accordance with the South Bozeman Technology TIF District CDP. G. “Comprehensive Development Plan” means the City Commission adopted plan to assist the Board to make recommendations on three areas to invest the available funds: H. 1. Acquisition of property; 2. Demolition of existing buildings on the site.; and 3. Engineering and infrastructure installation and improvements, and development incentives to spur economic growth. 40 3 ARTICLE IV – POWERS AND DUTIES Per BMC Chapter 2, Article 5, Division 10, Sections 1750 – 1850, Urban Renewal, Tax Increment, and Economic Development District Boards (BMC 2.05.10 sec. 1750 – 1850) and the adopted CDP, the Board will: A. Advise on the CDP which implements the vision for the District; and B. Advocate and coordinate the complete and full implementation of the CDP. The Board is authorized to exercise the following urban renewal project powers: 1. Advise on the formulation and coordination of a workable urban renewal program; 2. Advise on the execution of contracts, with the exception of contracts for the purchase, sale, or lease of real or personal property and construction of facilities. 3. Disseminate blight clearance and urban renewal information; 4. Exercise the powers prescribed by BMC Section 2.05.10., except the power to agree to conditions for federal financial assistance and imposed pursuant to federal law relating to salaries and wages shall be reserved to the local governing body; 5. Effectuate the CDP; 6. Advise on CDP for carrying out a program of voluntary or compulsory repair and rehabilitation of building and improvements; 7. Organize, coordinate and direct the administration of the provisions of this act; 8. Perform such duties as the local governing body may direct so as to make the necessary arrangements for the exercise of the powers and performance of the duties and responsibilities entrusted to the local governing body; 9. The Board shall work with the MSU Innovation Campus Executive Director to prepare an annual report, budget and evaluation of its activities and costs in accordance with the adopted CDP and appropriate City ordinances; and 10. The Board may from time-to-time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the urban renewal law, as amended, of Montana and all other laws of the State of Montana applicable thereto. The selection and compensation of such personnel shall be determined according to the laws of the State of Montana, and in accordance with the City of Bozeman’s hiring practices. 41 4 ARTICLE V – MEMBERSHIP A. Selection, appointment, and terms of Members The City Commission of Bozeman, Montana, shall appoint a Board which shall consist of 5 members, which will be voting members who reside within the City limits of Bozeman. Individuals appointed to the Board shall have a demonstrated interest in the Montana State University Innovation Campus. The Mayor, by and with the advice and consent of the City Commission, shall appoint the Board, which shall consist of five voting members. The initial voting membership shall serve as follows: 1. Each voting member shall hold office until his/her successor has been appointed and has qualified; 2. A voting member shall receive no compensation for his/her services but shall be entitled to authorized necessary expenses, including traveling expenses, incurred in the discharge of his/her duties; 3. Any person may be appointed as voting members if they reside within the municipality; 4. A voting member may be removed for inefficiency, neglect of duty, or misconduct in office; 5. The appointment of voting members shall be ratified as necessary by the City Commission; i. Bozeman School District Board Member serves one year term and reappointed after one year with the expectation that he/she would apply for 3-year term thereafter; ii. Two Board Members will serves two year terms with the expectation that he/she would apply for 3-year terms thereafter; and iii. Two Board members will serve three year terms with the expectation that he/she would apply for 3-year terms thereafter. Each reappointment or appointment thereafter shall serve consecutive three year terms. A certificate of the appointment or reappointment of any voting member shall be filed with the clerk of the City of Bozeman, and such certificate shall be conclusive evident of the due and proper appointment of such member. 42 5 In addition to the five voting members, the Board shall also have two ex- officio non-voting members. The two ex-officio non-voting members will include a representative from the City of Bozeman and the Executive Director of the Montana State University Innovation Campus. The Board will consist of not more than five voting members and two ex-officio non-voting members. 1. The initial ex-officio non-voting members shall not have term limits and remain as non-voting members until the District is retired; and 2. The ex-officio non-voting members shall receive no compensation for their services but shall be entitled to authorized, necessary expenses, including traveling expenses, incurred in the discharge of their duties. A majority of the voting members shall not hold any other public office under the municipality other than their membership or office with respect to the Board. Action may be taken by the Board upon a vote of a majority of the voting members present unless in any case the Bylaws shall require a larger number. Special committees of the Board may be appointed by the Chair for purposes and terms which the Board approves. B. Resignation and Vacancies 1. Written resignations shall be addressed to the Chair of the Board, who shall notify the City Commission via the Bozeman City Clerk. 2. The City Commission shall fill any vacancy for the unexpired portion of the term within 60 days after it has occurred. 3. Each Board member shall hold office until a successor has been appointed and has qualified. C. Absence from Meetings and Removal from Office 1. Each Board member shall inform the Board Chair in advance of inability to attend a Board meeting. The Chair may, at his/her discretion, excuse any member from attending any meeting. 2. Absence from three consecutive regular meetings without excuse or a total of four during a fiscal year is grounds for removal. The Chair shall notify the City Commission and request that they determine the member’s ability to serve and take appropriate action. 43 6 3. Absences shall be authorized by the Chair or Vice-Chair and recorded in the minutes as excused. ARTICLE VI – OFFICERS AND THEIR DUTIES A. The Board shall elect from its members a Chair, and Vice-Chair and Recording Secretary/Treasurer at its first regular meeting of each calendar year. B. The Chair shall preside at all meetings and hearings of the Board, call special meetings and perform duties normally conferred by parliamentary usage on such officer and shall exercise the duties normally conferred by parliamentary procedures on such officers and such other duties as may be prescribed by law or the Board Bylaws. 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. C. If voting members, the Vice-Chair and Secretary/Treasurer shall vote on all issues before the Board as members of the Board. D. When the Chair is absent, disabled or disqualified, the Vice-Chair has the authority to act as Chair. E. In the temporary absence of the Chair and Vice-Chair, the Chair may designate a Board member as acting Chair. F. The Secretary/Treasurer shall assist the Chair in preparing the agendas for all meetings and send them to the Board at least 24 hours prior to the meeting. Any member of the Board may request any item to be placed on the agenda. The Secretary/Treasurer shall prepare the minutes of each meeting. Upon approval by the Board, the minutes shall be furnished to the governing body of the City of Bozeman in a timely manner. On an annual basis, these minutes shall be accompanied by a written progress report of activities undertaken by the Board. ARTICLE VII – MEETINGS A. Schedule of meetings The Boar shall hold regularly scheduled meetings as frequently as necessary to fulfill its function and not less often than quarterly. A regular meeting place for the Board shall be established. B. Special Meetings The Chair of the Board may, when the Chair deems it expedient, and shall, upon the written request of three (3) members of the Board, may call a special meeting of the Board for the purpose of transacting any business designated in the call. Public notice will be posted in City Hall at least 48 hours prior to the special 44 7 meeting. At such special meeting, no business shall be considered other than as designated in the call, but if all of the members of the Board are present at a special meeting; any and all business may be transacted at such special meeting. C. Quorum 1. Three voting members constitute a quorum. 2. All action of the Board shall be authorized by an affirmative vote of a majority of members at a legally constituted regular or special meeting. 3. Board members shall not pass or abstain on a vote. 4. A Board member may not designate another voting member a proxy to vote on his/her behalf. 5. A Board member can participate in meetings and vote on agenda items by phone, as long as the public can hear the discussion and the Board Chair of the Board identifies the Board member at the beginning of the meeting. D. Open Meetings and Documents All meetings, committee meetings and documents of the Board shall be open to the public. Reasonable public notice shall be given prior to meetings. Closed meetings of the Board may be called for the purposes listed in the Montana Open Meetings Act, if approved by the Chair. E. Rules of Order Meetings of the Board shall be conducted according to Robert’s Rules of Order, unless otherwise specified in these Bylaws. F. Conduct of Meetings 1. Order of Business i. Unless otherwise noted, the order of business at regular meetings shall be: a. Call to Order b. Introductions c. Approval of Minutes d. Public Comments and Announcements e. Reports f. Old business g. New business 45 8 h. Staff reports i. Other items j. Adjournment ii. The Board may vote to dispense with any item on the agenda, except Public Comments and Announcements, or to change the order of business. iii. The Board must allow public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the Board. 2. New Business i. The Board may not take action on any matter discussed unless specific notice of that matter is included on the agenda and public comment has been allowed on that matter. ii. New business may be introduced for the purpose either of Board action at a future meeting or referral to a committee or the staff for study or consideration. G. Public Comment The Chair may set a reasonable time limit for the receipt and duration of public testimony during meetings, special meetings and public hearings. H. Conflict of Interest 1. A conflict of interest exists when a member of the Board: a. Has a financial interest in a matter under consideration by the Board or one of its committees; or b. Represents a party having such an interest; or c. Upon explanation to and consent of the other members present, recuses himself or herself due to a belief that he or she cannot render an objective decision in a particular matter. 46 9 2. Before consideration of the matter, the member shall announce that he or she is disqualified. The disqualification shall be entered in the minutes of the meeting. 3. Thereafter, the member shall be excused from the meeting during consideration of the matter and shall not participate in consideration or voting thereon. The member may participate as a part of the public in attendance. I. Public Hearings The Board may, from time-to-time, conduct public hearings on certain subjects Public notice of such hearings shall be at least 10-days before the date of the hearing. 1. Hearings are limited to the contents of the subject advertised; and 2. Subject to requirements herein, the Chair shall preside at all hearings. 3. The Chair shall: a. State a summary of the question of issue at the opening of the hearings, limiting its contents to the subject advertised for the hearing; b. Specify the method of conduct of hearing; c. Assure an orderly hearing, having the power to terminate the hearing, if, in his/her opinion, persons become unruly; d. Announce that all questions and comments shall be directed through the Chair only after the speaker has been properly recognized; e. If the subject of the hearing is a proposed redevelopment project, announce that the owner or his/her representative must be present and that absence is a ground for disapproval; f. Direct each speaker recognized to give name and address, and if appropriate, the name of the person, firm, or organization which the speaker represents; g. Direct that copies of prepared statements be given to the recorder and the presiding officer to become a part of the record; h. Close the hearing to the receipt of public testimony when all who wish to speak have spoken, or if the time limit set by the Chair has expired; i. Call first for statements from proponents, then give opponents equal opportunity for comment; and 47 10 j. Declare the hearing to be closed or state the time, place and date upon which the hearing will be continued, after the Board members, being properly recognized at the conclusion of public testimony, have completed questioning of any person presenting testimony. 4. Minutes or record of the proceedings shall be taken at each hearing and incorporated into the permanent records of the Board. ARTICLE VIII – AMENDMENTS A. Procedure. 1. Any amendment to these Bylaws shall be proposed in writing by any Board member at a regular meeting. B. Approval. 1. Approval of the proposed amendment requires an affirmative vote of a majority of the Board on second reading at any meeting properly called subsequent to the proposal. 2. No such amendment shall be effective until ratified by the City Commission. Approved by the Board: Ratified by the Bozeman City Commission: ___________________________ __________________________________ Date Date _____________________________ __________________________________ Board Chair Mayor ____________________________ _________________________________ Date Date 48 11 Attest: ___________________________ City Clerk ___________________________ Date 49