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Home My WebLink AboutAgenda_GEDCO_05.30.2000ani- ft-Coki) 4 6 C- 06 A P4 < 8 T AGENDA FOR MEETING OF ECONOMIC DEVELOPMENT TASK FORCE SCHEDULED TO BE HELD TUESDAY, MAY 30, 2000 AT 5:15 P.M. IN THE CITY COUNCIL CHAMBER LOCATED AT 101 EAST 7T" STREET Notice is hereby given that the Economic Development Task Force established by the Georgetown City Council will hold a meeting on Tuesday, May 30, 2000, at 5:15 p.m. in the City Council Chamber, located at 101 East 7th Street, Georgetown, Texas. AGENDA 1. Registration of Attendance for Task Force members. 2. Consideration of projected termination time for meeting. 3. Deliberation and adoption of responses and/or recommendations to City Council concerning issues. 4. Establish how report to City Council from Task Force will be made. 5. Establish and/or confirm next meeting date, time and agenda, if needed. 6. Adjourn CERTIFICATE OF POSTING I, Sandra D. Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted on the bulletin board located outside of the Council Chambers, a place readily accessible to the general public at all times on the day of 1why , 2000, at :'�O� rr� , and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. � J Sandra D. Lee, City Secretary Economic Development for Georgetown An Effective, Open, and Accountable Approach Zj- o� Economic Development for Georgetown Proposed Organization City Council - --� --------.__---- Economic Development Commission (an public advisory commission appointed by the City Council) Director of Economic Development Division] Convention & Visitors' Main Street Staff Bureau Staff Business Assistance (workforce training, development issues, retention)** Industrial Recruitment) and Retention Contractor (annual contract) **services provided with cooperation and assistance of Chamber of Commerce Proposed Membership of Economic Development Commission • Superintendent of G.I.S.D. • County Judge or Commissioner • President of Southwestern University • 2 Citizens At Large • 5 Business At Large to be drawn from following groups: manufacturing, retail, construction, development, lodging, tourism, professional, financial, transportation • Chamber Representative Tasks of Economic Development Commission • Develop and implement a process to identify and adopt a clear and detailed community -embraced vision of economic development goals and strategies for Georgetown • Develop, in conjunction with Director of Economic Development Division, detailed economic development policies consistent with the community vision Tasks of Economic Development Commission • Develop criteria for IRR contractor selection, oversee RFP process, and make IRR contractor recommendation to Council • Receive regular reports of activities of Economic Development Division and make recommendations to Council as appropriate Tasks of Economic Development Commission • Conduct regular performance review and benchmarking of Economic Development Division activities • Periodically review and update economic development vision and policies • Conduct ongoing public information effort POLICY RECOMMENDATIONS AWkch men+ a, I .sst&e- menaGiiians As proviaLedf in P�ctlte.4` of ,3.30• 2�oa For IYl eGtinJi an April 31 Z000 The Task force recommends that the following issues must b clear policy affirmation and direction by City Council: a given 1. There must be a clear, well articulated and broadly embraced vision of what we want Georgetown to look like in 5, 101 15 and 20 years. 2. In keeping with 1 above, there must be a clear well articulated supporting vision for the desired economic profile of Georgetown and how economic development will be used to achieve that vision. 3. The City Council must not only enthusiastically support the actions required to develop the above visions, it must also develop or cause to be developed clear strategy to achieve the visions. gY 4. City Council must insure that the public is protected s visions and strategies are set. The needs and desires o, the citizens of the community must be defined assimilated, accommodated and ' accountability must be assimilated/ accommodated Public protected as well. and 5. City Council must address and define whetherpublic- private partnership is the most effective way to cart out economic development or whether there is a better alternative. 6. Council policy must insure that there are measurable and acceptable returns on public resources spent for economic development. 7. Council must clearly define how economic development goals, policies and strategies are set and how budgets are established and approved. This must be done in such a manner as to insure that economic development policies and strategy transcend short term changes in elected Positions. 8. Council policy must insure that economic development is carried out within a structure that distributes decision making power in such a manner as to interest control. preclude special POLICY-RW-V1'PBC 106 Aa. P of 3 � ., ..,.a.,.t .. • a a � r i �: R < y + � � �.,,_ a i � 6 <.y a �.�. if.... a :. + ♦. i..� ,� 3 y � r�eR m.. y •, � a 't • . ,�-,_ � ORGANIZATION RECOMMENDATIONS As we consider the recommendations for organizational form for economic development as required by the charge given us by the City Council, we believe that any organizational recommendations from the Task Force must address the following issues: 1. It must be very clear that the needs and desires of the citizens of our community are defined, assimilated, accommodated and protected. 2. We must be clear as to how economic development vision, goals, policies and strategy are set. 3. We must be very clear as to who directs and measure CVB and E.D. staffs' performances. 4. We must be very clear who sets and approves CVB and E.D. budgets. 5. We must be certain that economic development decision making power is adequately distributed. 6. We must be certain that economic development vision, goals, policies and strategy transcend short term changes in elected positions. 7. We must be certain that resources, people and money can be properly administrated. 8. We must be certain that prospects can be handled seamlessly and efficiently. 9. We must be certain that the proprietary nature of economic development information can be protected. 10. We must be convinced that E.D. (such as form, public/private partnership or other) selected is the most effective way to carry out economic development in our community. 11. We must be convinced that whatever E.D. form is selected will give CVB the best opportunity to maintain focus. 12. We must be clear in defining boards which oversee CVB or E.D. as either advisory or governing. 13. We must be convinced that the process for E.D. decision making is explicit and transparent to our citizens. Af[AArAeAf cl OPERATIONAL ISSUES Following formalization of public policy regarding economic development and creation of supporting organizations, it is then important to insure that E.D.'s performance by staff is properly directed and monitored. The E.d. Task Force recommends the following outline be used periodically by the approval of the governing body to review and assess E.D. staff performance. 1. How well does CVB or E.D. staff perform as a team? 2. Are policies and strategies understood and carried out? 3. Are goals achieved? 4. Are people and money resources properly administered? 5. Are the measurable and acceptable returns on resources spent? 6. Is E.D. information handled professionally? 7. Are E.D. properties handled seamlessly and efficiently? 8. Are communications adequate and timely at all levels and yet sensitive to proprietary need? 9. Is adequate information developed and communicated when approvals are sought? Is the proprietary nature of information protected at all times? 10. Are there ever embarrassing surprises at any level? 11. Is E.D. understood as a long term process and treated accordingly? OPE RATWNAL-LTSWFSC106 fl4kchrnent I A�}Athmenf 3 FROM : COLLIER TECHNICAL SERUICES PHONE NO. : 512 869 2814 May. 22 2000 10:21AM P4 GoY1DYY1I c v;:' 4vA SUrLAAA- Econolmic Development reTnains organizationally exactly as is. Economic Development remains under G1F but with a new City contract and new G IF by -laws - Economic Development moves to a new controlling entity with broad governing board participation. None of the above. CVB remains organizationally exactly as it is. CVB remains under City management but with new by-laws and governing board. CVB moves to a new controlling entity with broad governing board participation. None of the above. A#Az�_mexl 3 PcJ� 1 e-P 1 Rc,crC) AGEObk PACKET W. H. CON. �DrNOR 2f�hJ Attorney at Law Bank of America Building 624 S. Austin Ave., Suite 101 Georgetown, Texas 78626 Telephone: 5121863-4576 Telecopier: 5121869-3496 May 19, 2000 Economic Development Task Force Members Georgetown, Texas Greetings: I have a scheduled meeting for Tuesday, May 30, 2000 at 5:15 p.m. in the Council Chambers in City Hall. I, in an attempt to move things along, have met with Clark Lyda, Tim Harris, Mark Dixon and Mel Pendland. We, as a group, worked towards generating a suggested set of documents for you to consider. These are of course subject to you modifications, suggestions and approval. Enclosed are copies of: 1) The recommendation which was prepared by Clark Lyda with some modifications; and 2) A possible time line for action concerning economic development based upon the task force approval of a recommendation and forwarding it to the City Council for its consideration and action. I ask that you come to the meeting with any proposed amendments, changes or substitutes concerning the above documents. Additionally, if you have another approach, we want to hear about it. I am hopeful that we can have a final approval at this scheduled meeting of what we are sending to the City Council and bring this matter to a completion as far as the task force is concerned. Thank you. I look forward to seeing you at the meeting on the thirtieth. Very truly yours, . 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TO OC-�C_�.-T T C i - FROM : COLLIER TECHNICAL SERVICES PHONE NO. : 512 869 2814 May. 22 2000 10:21AM P4 .Economic Development remains organizationally exactly as is. Economic Development remains under G(F but with a new City contract and new GIF by-laws. Economic Development moves to a new controlling entity with broad governing board participation. None of the above. CVB remains organizationally exactly as it is. CVB remains under City management but with new by-laws and governing board. CVB moves to a new controlling entity with broad governing board participation. None of the above. Economic Development for Georgetown An Effective, Open, and Accountable Approach Economic Development for Georgetown Proposed Organization City Council Economic Development Commission (an public advisory commission appointed by the City Council) Director of Economic Development Division j Convention & Visitors'l Main Street Staff Bureau Staff Business Assistance (workforce training, development issues, retention)** Industrial Recruitment and Retention Contractor (annual contract) **services provided with cooperation and assistance of Chamber of Commerce Proposed Membership of Economic Development Commission • Superintendent of G.I.S.D. • County Judge or Commissioner 9 President of Southwestern University • 2 Citizens At Large • 5 Business At Large to be drawn from following groups: manufacturing, retail, construction, development, lodging, tourism, professional, financial, transportation • Chamber Representative Tasks of Economic Development Commission • Develop and implement a process to identify and adopt a clear and detailed community-embraced vision of economic development goals and strategies for Georgetown • Develop, in conjunction with Director of Economic Development Division, detailed economic development policies consistent with the community vision Tasks of Economic Development Commission • Develop criteria for IRR contractor selection, oversee RFP process, and make IRR contractor recommendation to Council Receive regular reports of activities of Economic Development Division and make recommendations to Council as appropriate Tasks of Economic Development Commission • Conduct regular performance review and benchmarking of Economic Development Division activities • Periodically review and update economic development vision and policies Conduct ongoing public information effort X. Synopses of Attorney General Opinions on Economic Development COUNTY ECONOMIC DEVELOPMENT POWERS LO 98-007 County Lacks Authority to Fund Small Business Development Program Local Government Code Section 381.004 does not authorize a commissioners court to appropriate funds to a small business development program that was not developed by the county and is not administered either by the county or by another entity under contract with the county. PUBLIC DISCLOSURE OF ECONOMIC DEVELOPMENT NEGOTIATIONS ORD-639 Adopting Two -Prong Test for Confidentiality of Commercial or Financial Information; Overruling Open Records Decision No. 592. National Parks & Conservation Association v. Morton, 498 F.2d 765 (D.C. Cir. 1974), which established a two -prong test for the confidentiality of commercial or financial information, is a "judicial decision" for the purpose of Section 552.110 of the Government Code. Information is confidential if disclosure is likely to either impair the government's ability to obtain necessary information in the future or cause substantial harm to the competitive position of the person from whom the information was obtained. MISCELLANEOUS OPINIONS CONCERNING ECONOMIC DEVELOPMENT DM-188 Public Property Leases and Taxation Property owned by the City of Amarillo consisting of an airport maintenance hangar that is leased to a private party for operation is exempt from ad valorem taxation if the property is used in direct support of the operation of the airport by the city. Buildings that are owned by the city are not tax- exempt if they are owned purely for the purpose of renting them to private commercial interests. An office complex owned by the Amarillo Independent School District and partially leased to private parties and other political subdivisions remains tax-exempt if the facility was acquired in its entirety for the purpose of conserving school district funds. Property acquired by the Amarillo Junior College District for purposes of future expansion and temporarily leased to private persons for storage units is tax-exempt. Property rented to students and employees of the junior college for residential housing also remains tax-exempt, but property rented for these purposes to persons who are not students or employees is subject to property taxation. 2000 Economic Development Handbook • Office of the Attorney General 185 X. Synopses of Attorney General Opinions on Economic Development LO-95-085 Private Entity Included in Qualified Hotel Project The term "qualified hotel project," as defined by House Bill 2282, Act of May 11,1993, 73rd Leg., R.S., ch. 231, 1993 Tex. Gen. Laws 480, includes a private entity selected by a municipality. LO-96-035 County Commissioners Cannot Make Donations from Tax Funds Article III, section 52 of the Texas Constitution prohibits a county commissioners court from making a donation of county tax funds pursuant to Local Government Code section 3 81.001(f) to a nonprofit organization whose purpose is to assist industrial development. LO-96-073 Withdrawing from Transit Tax to Adopt Sales Tax for Economic Development Should the City of Richardson decide by election to withdraw from the Dallas Area Rapid Transit (DART), it would be able --presuming it met the qualifications of article V.T.C.S. 5190.6, section 4B and Tax Code section 321.101(f) for the ceiling on its sales and use taxes --to adopt a section 4B sales and use tax. However, the city would not be eligible to adopt a sales and use tax under V.T.C.S. article 5190.6, section 4A, or the "additional sales and use tax" created by Tax Code section 321.101(b). 2000 Economic Development Handbook - Office of the Attorney General 186 IX. Public Disclosure of Economic Development Negotiations IX. PUBLIC DISCLOSURE.OF ECONOMIC DEVELOPMENT NEGOTIATIONS For the past five legislative sessions, economic development professionals have attempted to gain an exception to the Open Meetings Act and to the Open Records Act to accommodate economic development negotiations. They sought this exception to allow local governments to obtain business financial records and to be able to discuss potential business relocations or expansions without subjecting this information to public disclosure. During the 1999 legislative session, a limited amendment was approved by the Texas Legislature to permit certain economic development related issues to be discussed in an executive session, and to provide a limited time period during which certain records regarding economic development prospects would be considered confidential. Local governments must still comply with the requirements of both the Open Meetings Act and the Open Records Act in their quest to promote economic development. Industrial development corporations, pursuant to a provision in the Development Corporation Act, will also continue to be subject to the requirements of the Open Meetings Act and the Open Records Act. Accordingly, cities, counties, and development corporations must consider applicable open meetings and open records requirements when they deal with companies that may ask that certain financial information and the company's intent to relocate be kept confidential. For example, prior to September 1, 1999, there was not any provision under the Open Meetings Act that allowed a local government to go into an executive session to discuss a business prospect that was considering locating to the area. Therefore, the governing body's discussion of its economic development efforts in this and other regards generally needed to be done in an open meeting. Prior to September 1, the city could only hold an executive session for such discussions if another provision of the Open Meetings Act allowed an executive session. For instance, if the city was considering the acquisition of land for an industrial park, it could cite the exception under the law that allows an executive session to discuss the purchase of real property. Prior to September 1, 1999, the Open Records Act also did not generally protect information gathered for economic development purposes from public disclosure. For example, the Act did not usually allow the city to withhold documents within the city's possession that related to a business' financial information or that identify a potential business prospect. When a city collects information from a business, it should be aware of this fact. Additionally, the fact that information may have been 2000 Economic Development Handbook • Office of the Attorney General _ 176 IX. Public Disclosure of Economic Development Negotiations supplied to a governmental body under either an oral or a written promise of secrecy is not sufficient to keep the information private. Moreover, certain entities such as chambers of commerce and economic development foundations have also been held to be subject to the Open Records Act to the extent that the records they maintain relate to public funds. However, Texas statutes do contain a confidentiality provision for documents that are collected pursuant to a tax abatement agreement.648 Yet, the information loses its confidentiality once the tax abatement agreement is executed. Additionally, this confidentiality can waived by the mutual consent of the taxing entity and the involved business. In certain communities, the economic development staff has used several methodologies to work with businesses that refuse to allow certain financial information or their identity to be released to the public during negotiations. For instance, the cities have referred to the business by a special name such as "Prospect A" in all of the city documentation regarding the business. In this manner, the business and its particulars can be discussed before the council and pertinent information can be reduced to writing without revealing the identity of the business prospect. Similarly, communities often work with businesses that do not want to reveal exact data regarding the volume of sales or capital investment that the business generates. Businesses are reluctant to reveal this information because it could give an advantage to competitors who would learn what type of investment and capability the business has within particular markets. Accordingly, cities often only ask the business to reveal an approximate range of the business' sales or capital investment. In this scenario, the city and the business negotiate the specificity of the information that the city will require of the business. Both of the above approaches address the concerns of business prospects and still seek to comply with the terms of the open meetings and open records laws. Nonetheless, in any economic development negotiation, the local government practitioner must realize and apprise the business prospect, that certain documentation that it submits to the government may be subject to public disclosure. Public Disclosure of Economic Development Negotiations After September 1, 1999 As noted above, several amendments to the open records and open meetings laws go into effect on September 1, 1999. First, as of September 1, the Open Meetings Act will allow a governmental body to conduct a closed session to deliberate commercial or financial information that the governmental body has received from a business prospect.649 In order to hold a closed session under this exception, the business prospect must be one that the governmental body is seeking to have locate, stay, or expand in or near the governmental body's territory. In addition, the business prospect must be one with which the governmental body is conducting economic development negotiations. If a business prospect meets both of these requirements, then the governmental body will also be authorized to conduct a closed session to deliberate the offer of an incentive to the business prospect. 2000 Economic Development Handbook • Office of the Attorney General 177 IX" Public Disclosure of Economic Development Negotiations The Open Meetings Act does not prohibit the city manager or the economic development staff from meeting or negotiating with business prospects outside of an open meeting, provided that any final decision or policy that is adopted by the governing body of the city is fully discussed and voted on at a properly called meeting. In conjunction with the amendments to the Open Meetings Act, the Open Records Act has been amended to authorize a governmental body to withhold information relating to economic development negotiations involving a governmental body and a business prospect.6" Again, in order to be eligible for this exception, the business prospect must be one that the governmental body is seeking to have locate, stay, or expand in or near the governmental body's territory. In addition, in order to be withheld, the information must relate to either 1) a trade secret of the business prospect or 2) commercial or financial information, the disclosure of which would cause substantial competitive harm to the person from whom the information was obtained. In order to withhold information under the second theory (that of substantial competitive harm), it must be demonstrated by specific factual evidence that disclosure of the information would cause substantial competitive harm. Information about a financial or other incentive being offered to the business prospect is also excepted from required public disclosure unless and until an agreement is made with the business prospect. Once an agreement is made with the business prospect, information about the incentive becomes public. Even if an incentive is offered by a person other than the governmental body, information regarding that incentive would generally be open to the public if the incentive may directly or indirectly result in the expenditure of public funds by a governmental body or in the reduction of revenue received by a governmental body. Finally, it is important to note that the open records exception for commercial or financial information has also been reworded.65' Under the new law, a trade secret will still be excepted from required public disclosure if it is privileged or confidential by statute or judicial decision. However, other commercial or financial information will be excepted only if specific factual evidence demonstrates that disclosure would cause substantial competitive harm to the person from whom the information was obtained. eneral Scheduled Locations For Upcoming Meetings of the Economic Development Task Force 5:15 p.m. Monday, April 10 - City Offices Training Room Monday, April 17 - City Council Chamber Monday, April 24 - Monday, May 1 - Monday, May 8 - Monday, May 15 - City Offices Training Room City Council Chamber City Offices Training Room City Council Chamber