HomeMy WebLinkAboutMinutes - 5/9/2006 - Economic Development Commission (2) �
By-Laws
of
MCHENRYAREA ECONOM/C DEVELOPMENT COMM(SSION
(Non-Profit Organizafion)
revised.• 1/5✓00;5/09/06
ARTICLE l
PURPOSE
1. The McHenry Area Economic Developmenf Commission("Commission") was esfablished by fhe
enactmenf of a Joint Resolution of fhe Cif�r of McHenry City Council and fhe McHenry Area Chamber of
Commerce pursuant ta the rights granfed by the INinois Constitufion and fhe Statutes of the Stafe ot'lllinois,
allowing fhe esfablishment of such Commission.
2. The powers and functions of fhe Commission shall be as follows:
A. Acf as a liaison between local businesS/indusfry and govemmenf
B. Acf as an incubafor for commerciaU►ndusfrial developmenf activ"►fy.
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C. The active recruiting of desirable industry and subsequent jobs info fhe local area.
D. Help existing commercial areas nof only fo remain healthy,buf also fo have planned growth.
E. Review existing resou►�es(e.g.transporta6on,housing,efc.) and help rectify any neglected
areas and idenfify and avoid fhose area which are a deterrenf fo commercia�ndusfrial
development.
3. MISSION STATEMENT
To facil"date the growth and developmenf of fhe business communit�r
4. OBJECTIVES.
A. To encourage growth of e�usfing commer�ial enferprises and industrres while offering
assisfance to any new firms orindividuals seeking fo locate orexpand in fhe Gr�aferMcHenry
Trade Area.
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8. To support acfiv"�ies which ar�e beneficial to commer�ial developmenf and oppose those
`.- activ"�ies which may be defrimental fo the welfare of fhe communif�r.
C. To develop and implement a mar�efing program to bring new business fo our area.
D. To idenfify and attract suitable commercial enterprises fo the area.
E. To assimilafe all pertinenf data fo answer fhe detailed quesfions of new businesses.
F. To provide appropriafe reception and services for all new or expanding businesses.
G. To wor� Gosely w"rth fhe lllinois Departmenf of Commerce and Communii}r Afl`airs on all
programs for economic developmenf.
5, lt is understood fhat in or�der fo make fhe McHenry Economic Development Commission a sfrong and
viable for�e fhat members will consisf of successfu!and prominenf inembers in each of fhe cafegories listed in
Article ll, Secfion 4,which is a diverse cross-section of the commerciaVndustriaUmunicipal commun�jr, As a
result of fhe afioresaid diverse mixture it is undersfood that fhe appoinfees may naf or in fhe fufure have an
apparenf conflict of interest w'dh the stafed purpose of this Commission or the polic�s or recommendations
thereof. Therefore,those membe►s who feel fhaf fhere any be a conflict in the representafion of dier�'s interesf
on a pa►ficular issue being consider+ed by this Commission, while serving on this Commission or any
committees thereof, shall inform fhe Chairman in wrifing if said conflict and shall nof take parf in any vote on
such matter which gives rise fo said conflict.
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However, said member may serve on such Commission or commrttee and fake part in a!t other
business matters of fhe Commission excepf fhaf which causes fhe conflict In no manner should fhis be
consfiued as a limita6on on any member's right to repr�sent an inter�est or clienf fhat mighf be in conflict w"rth
the recommendafions or policies of fhe Commission or commiftee upon which they are seafed.
ARTIc►�11
MEMBERS
1. The annual meeting of the members of this Commission shall be held af the principal o�ice af the
Commission locafed 333 North Gr�et Street, McHenry, lllinois, or at such other place as the Chairman may
from time to time designafe in fhe morrth of Ma►�h of each year. For the election ot'Ofhcers,and fhe h�nsaction
of such ofher business as may properiy come bef�re said meefing. A wriffen or prinfed no�ice of6me and place
of such meefing shall be given by fhe Secretary,by delivery or my mailing such nofice to each of fhe members,
address fo fhem at fheir usual place of business, or af such address as may appear on fhe books of the
Commission, af least fen (10)days pnevious fo such meeting, and in such other manner, if any, as may be
prescribed by law, !f for any reason fhe annual election shall nof be held as hereinbefore provided,if may be
hetd on any subsequenf day fo be fixed by the Execufive Board. Execufive Boand mee6ngs shall be held on a
quarterly basis or as one special mee6ng by fhe Chai►man.
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� 2• Special meetings offhe membership maybe called at any fime byfhe Chairman orV"rae Chairman,and
the Chairman shall caU a special meeting whenever he is requested in w►ifing to do so by the members
represenfing fen per�ent(10%)of the membership. Such request may specify fhe�me,plaoe and object of�he
proposed meefing. Notice of s�ch special meefing shall be given af leasf five(5)days prior to said meefing
and shall be given in the same manner as is prescribed herein for fhe annual meeting of fhe members.
3. At said meefing of the members,simple maiorrhr of the fotal membership shaN cand"�date a auorum f�r
fhe transaction ofbusiness,excepfas ofherwise provided bylaw,and excepfthatalessernumbermayad"wum
a meeting.
4. The Commission will have a minimum of iwelve(12)members at all times with af leasf fourpersons
from each of fhe following groups:
A. Local Govemmenf(Minimum Four members-Mayor plus 3 others)
8. Minimum Privafe Sector(Four members)
C. Chamber of Commer�e(Four members-President/CEE ptus 3 others)representing where
possible,industry,real estafe,refailers,resraurants,builders/developers,attomey and other
professions and services. Non-vofing,fhere is not a timit to fhe number of ex-o�icio members
who should serve at fhe discrefion of the commission.
`— D. Ofher Taxing Bodies no mor�than iwo who will sit as ex-officio members,buf shal!have no
vofe on matters before fhe Commission.
E. No more if►an one member from the same family and/or business shall be allowed on
the Board. (revised�110/06)
The Mayor of the City of McHenry will appoinf thnee members fo fhe Commission. . Members
representing fhe Privafe Section, taxing bodies and Chamber of Commerce wiil be nominate by the EDC
Nominafing Committee and presenfed fo the full sifting Commission membership for their approval.
ARTICLE 111
BOARD OF DIRECTORS
1. The business and affairs of the Commission sha!! be managed and conducfed by a Boar�d and
Directors composed of all fhe elected officers of fhe Commission("Board"). The Board of Direcfors musf be
representafive of the communi(�r served by this Commission and musf have iepr�se+r�t�ves from at I�east iwv of
fhe three groups enumerated in Article 11, Section 4, of these by-laws. They shall hold af�ce for one year unfil
theirsuccessors are elecfeal. There shatl be necessary to consfih�te a quorum f�rthe fransactia�ofbusiness,
and fhe act of a majoriiy of the Board presenf shall be the act of fhe Boarol. Any vacancy or vacancies in fhe
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Board shall be filled by election at an annual mee6ng of the members or a special meefing of the members
�- called f�r that purpose.
1.A. Three unexcused absences(consMuted by no informing the recording secretary of absence
prior to meebng)per calendar year shall be cause to remove said member finm ihe Boarrl.Said nemova/
shall be considered resignation by implication.(revised�110/06)
2. A regular meeting of the Board shall be held on the day of and immealiately a�er the annual meeting of
fhe election of officers,provided a quorum of fhe Officers elecfed af said meeting shall be presenf. Add"�ionally,
the Board of Directors shall meet every ofher monfh during the remainder of the year.
3. Regular mee6ngs of the Board shall be held at the principal ofiices ofthe Commission atsuch time and
place as sef by the then seafed Chairman.
4. Special mee6ng of the Board of Dineccttors may be called at any time by the Chairman,orshall be called
by him or by fhe Secrefary,upon requesf in writing,signed by three of fhe Board members,specifying the rime
and piace and abjecf of fhe proposed meefing.
5. A w►�ften or printed nofice of the time,place and objecf of every special meeting g the Board shali be
given by the Secretary,by deliver of or by mailing such nafice fo each Board member,addressed fo him at his
usual place of business,orsuch address as may appear on fhe books of the Commission,at leasf three days
before fhe fime named for fhe meefing.
`- 6. An Executive Board, consisfing of fhe Chairman, Vice Chairman, Secr�tary, Treasurer, Executive
Director of fhe Chamber of Commerce and one ofher Board Member(appointed by fhe Chai►man)shall meet
every monfh at such place and in the same manner as fhe Board of Directors noted above.
ARTICLF lV
OFFICERS
1. The Officers of fhe Commission shall consists of a Chairman, a Vice Chairman, a Secretary and
Treasurer, fo be elected by a majo►ity of the members at a meefing for organization n held afler fhe annual
meefing of the members,or at any mee6ng held in lieu oisaid meeting, forsaid purpose. Each ofsuch ofl�ers
shal!serve for the term of two years,or unfil fhe etection of his successor. The Board of Directors may also
appoinf such ofherofficers agents and employees as they deem necessary. All o�icers,agents,oremployees
so appointed, shall be removable by a majority vofe of the members af a Special Meefing called for such
purpose. any vacancy in any office may be filled by a majo►ify vofe of fhe members.(revised 5/10/Ob)
The of�ces of Secretary and Treasurer may be consolidafed in one person, in which case he shall
discharge fhe duties of both offices as hereinafler defined.
2. CHA/RMAN The Chai►man orin his absence the V"�ce Chai►man,shall preside atallmeefings ofthe
Commission, and shall sign all nofes, frust deeds, and all obligafions of the Commission, unless otherwise
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directed by the members,and all contracts,leases,bills ofsale and otherinstrtrments,when aufhoRzed bythe
�. members, and generally shall perfo►m all dufies usually incumbenf upon such o�ice, and such as may be
required of him by the Board of Di►�ectors. He shall make annua!repo►ts of the cond"�tions and the Comm�ssion
and submif same fo fhe members af their annual meefing.
3. VlCE-CHAIRMAN The Vice-Chairman shai!perfiorm all duties of fhe Chairman in his absence,and such
ofher dufies as may be required of him by fhe Board of Directors.
4. TRFasuREx The Tneasurer shall recenre and have cusfody of all money and securities of the
Commission,arn�do an perform all such dufies as may be required of him by fhe membership of fhe Board of
Directors, and s�rch ofher dufies as usually pe►tain fo such office.
He shall deposit fund fo the cred"rt of the Commission in such banks of savings and loan associations
as the members shall direct, and disburse fhe same under fhe direcfion of fhe majoriiy of fhe members.
He shall keep regular books and futt accounts, showing all his neceipts and disbursements, which
books and accounfs shall be open at all times fo the inspecfion of fhe Chairman or of any o�rcer. Af fhe end of
each fiscal or calendar year, he shail submit to the Direc;fors defailed statements of his receipfs and
disbursements, and shall also from fime fo time, af requesf, make reports fo fhe Chairman as to fhe financial
cond"►tion of fhe Commission.
The members may requine the Treasuner to give such security for the faithful performance of these
dufies as fhey shall from fime fo fime defermine.
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5. SECREfARY The Secnefaryshallhave the cane and custodyofthe books ofsaid Commission,g"nre
fhe necessary nofices of all fhe meefings of fhe members, ofi�cers, and keep and record fhe Minufes of the
Commission proceedings of all such meetings.
He shall cerfi�r copies of fhe acts and records of fhe Commission when necessary for or neasonable
incidenf fo the conducf of the affairs of fhe Commission, authenficafing the same by the seal.
He shall keep such otherbooks and records,and pe►f�rm all such otherduties as may be assigned fo
him by fhe Chairman.
ARTICLE V
EXECUTIVE DIRECTOR
Section 1. Areas of Responsibilihr.
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Ther+e may be creafed fhe position of Executive Direcfor fo assist in the planning,implemenfation,and
� adminisfration of various Economic Developmenf Programs as formulafed and directed by fhe Economic
Developmenf Commission.
The Execufive Director will devofe approximately one half of his time to developing and implementing
programs which are designed fo assist in the refenfion and/or expansion of exisfing businesses and fo assisf in
fhe establishmenf of new businesses seeking fo locafe in fhe McHenry area.
The follawing are fhe aneas of responsibilify of the Executive Director but are nof limited to those
enumerafed:
A. To coordinafe the Business Refenfion and Expansion Program as directed by fhe EDC and
Supervisor,fo include development of appropriate sysfems forinformafion flow,analysis and
response, and to prepare periodic reports.
8. Provide fiollow-up assistance to prospective employers to encourage fhe attraction of
invesfinenf fo McHenry w"►th fhe assisfance of fhe Chairrnan of fhe Commission.
C. Design and implemenf activ'�ties of fhe EDC to stimulafe enfrepreneurial developmenf.
D. Assisf exis�ng and prospect"►ve employers in identifjring and obfaining public and privafe
financial assistance fore business expansionAocation in McHenry.
`-- E. With fhe assistance of appropriafe Chamber and EDC members, develop and mainfain
info►mation clearinghouse and files, including:
- Demographic and socio-economic indicators
- Labor force in�O►mation
- Available commercial and industrial sitesJbuildings
- Locational and market data
F. Provide written, felephone and in-�erson response and f�llow-up fo inquiries from pofential
existing business prospects and fhe general public on fhe McHenry economy and business
climafe.
�. Conduct spec"fic research on development issues and topics as directed by the EDC fo
include the following:
- Annual updates of fact sheets and individual communify profiles.
H. Represent EDC at Chamber and appropriate meetings of assigned commiftees and
organizafions, including pr�eparafion and delivery of occasional presentations representing
EDC and Chamber af various functions, seminars and social gafherings.
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1. Provide appropriafe guidance and direction to the Commission as if relafes fo fhe Business
�.- Retenfion and Expansion Programs.
J. Mar�ef cold calls to prospective businesses.
Secrion 2. Responsibility and Goals.
Initiatly, and until changed by amendment fo the by-laws, the Executive Directorshali be a part-time
position,wifh fhe Directorspending af leasf BRy percent(50%)of his wo►�ing hour fime in direcfly related EDC
activities,in a three year program fo esfablish the position and implemenf the goals ofthe commission and to
implemenf fhe idenfified areas of responsibil"►ties.
Within the firsf year, the Executive Direcfor is expected fo perform a needs analysis of the business
community fo dere►mine fhe fype of businesses fo be attracted fo fhe communihr;prepare a bus+ness refention
sunrey, a marketing ptan, a new promotional brochure, a new demographics packet, and to fargef specific
indusfry and business for personal contact.
SecGon 3. Accountability.
The Execufive Dirr+ecctor shall make such reports as may be require, directed or suggested by the
Accountabilit}r Committee of fhe EDC,which is a sfanding commitfee provided fiorin Arficle Vtl ofthese by-laws,
and fhe said Committee shall make the final judgment and evaluation of fhe Execufive Dir�ecta's perf�rmance,
and report fhe same to fhe EDC, the MACC, and the Cify of McHenry.
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Secdon 4. Funding.
If is undersfood that funds needed to pay for approved expenses shall be soughf from ail cafegories
lisfed in Article 11, Section 4 which is a diverse cross-secfion of fhe commercia�indusfriaUmunicipal McHenry
communit�r. In addition, requesfs shaJl be made annuaily by fhe Treasur�er f�r funds from the major utilities,
including, buf nof limited to: Northem Illinois Gas, Commonwealth Edison, Ameritech and fhe local cable
felevision provider.
ARnc�VI
OPERATION
1. The Commission shall nof engage in any Title Vll programs orSmall BusinessAdministrafion programs
ofher than those pe►mitted by Regulations promulgafed by the Small Business adminisfration pursuanf fo
Section 503 of the small 8usiness Investmenf Act of 1958, as amended.
2. The operafion of fhe Commission shall be conducted in accordance with fhe requirements of
Regulafions promulgated by fhe Sma118usiness Adminisfration pursuant to f the Act menfioned in Section 1 of
this Article and aN applicable taws and regulafions.
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3. The Executive Board by resolution adopted by a majoriiy f�r the full membership,may designate from
�-- its members,committees fo exercise,to fhe exfent permitted by law,fhe authorify of the Execufive board,but
any such Committee having authority to make managemenf decisions, must consisf of nof less than five(5)
members,w"►th at least iwo of the fhree groups menfioned in Article ll, Secfion 4 neprressenteal. A quor�m ofsuch
Committee shali consist of nof less than a majorify of such ofher numbers as fhe resotution creafing said
commiftee may designafe. The Secrefary of an Assisfant Secrefary designafed by fhe Executive Board will
attend fhe meetings of such committees keep a r�econd of their proceedings ad r�cor�d the same in fhe minutes
of fhe Commission,
ARTICLE Vll
COMMITTEES
1. lt is understood fhaf certain sfanding commiftees will be esfablished ordi.sbanded as needed byformal
majority action of the EDC board of directors.
ARTICLE V1lI
DEF1NlTION
Wihere appropriafe, worols of the masculine include fhe feminine, and words used in �►e plural or
collective sense include the singular and vice versa.
�-- ARTICLE 1X
AMFNDMENTS
1. These By-Laws maybe alte►�ed,amended orrepealed and add"�tional8y-laws adoptedbyamajo►i[yyof
the fhen seated members af any regular meeting or special meefing called for fhat purpose.
Read and adopted by a majorify of fhe members and ratified by the Execufive Board of the McHenry
Area Economic Development Commission on the 8�day of September, 1998.
Chairman
ATTEST.•
Secrefary
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