CHAPTER 367
S.P. 466 - L.D. 1339
An Act To Amend the Laws Governing the Powers and Duties of the Washington County Development Authority
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §13083-A, as enacted by PL 2001, c. 568, §1, is amended to read:
§13083-A. Washington County Development Authority established
The Washington County Development Authority is established as a body corporate and politic and a public instrumentality of the State to carry out the provisions of this article. The authority is authorized to take title, acquire and manage in the name of the State and by agreement with the Federal Government the property located within the geographical boundaries of any decommissioned federal military facility located within Washington County. The authority is also authorized to purchase, develop, redevelop, sell and lease commercial, residential and public property for the purpose of developing the economy of Washington County. This authorization allows the authority to provide financial and technical assistance to any governmental entity and nonprofit located within Washington County in support of community and economic development projects.
Sec. 2. 5 MRSA §13083-B, sub-§§3 and 5, as enacted by PL 2001, c. 568, §1, are amended to read:
3. Primary impact community. "Primary impact community" means the municipalities of Cutler, Machias, East Machias, Eastport, Lubec, Whiting and Dennysville all municipalities in Washington County, including the unorganized territories.
5. Real or personal property. "Real or personal property" means any property or assets transferred by the Federal Government or the United States Department of Defense pursuant to the closure of a federal military installation located in Washington County. "Real or personal property" also means any property or assets purchased, sold, developed, redeveloped or leased by the authority pursuant to its authority under this article.
Sec. 3. 5 MRSA §13083-C, sub-§1, ¶¶F-1 to F-3 are enacted to read:
F-1. Borrow money and apply for and accept advances, loans, grants, contributions and other forms of financial assistance from the Federal Government, the State, a municipality or other public body or from other sources, public or private, for the purposes provided in this article, give any security that is required and enter into and carry out contracts in connection with that financial assistance;
F-2. Charge and collect fees, charges and rents for the use of the properties and other services and use the proceeds of those fees, charges and rents for the purposes provided in this article;
F-3. Employ an executive director and other staff as considered necessary by the board of trustees;
Sec. 4. 5 MRSA §13083-C, sub-§2, as enacted by PL 2001, c. 568, §1, is amended to read:
2. Membership; appointment. The authority is governed by a board of trustees composed of 9 13 voting members appointed or designated by the Governor.
A. The Governor shall make 8 12 appointments to the board of trustees, 6 of which must be 9 of whom must be selected from a pool of candidates who are residents of Washington County and are nominated by the primary impact communities private, nonprofit, countywide, federally recognized Washington County-based economic development organizations other than the authority. Primary impact communities also may make nominations. The Governor shall appoint members who reflect the diversity of interests represented by these communities. The Governor shall ensure that all regions of the county, as defined by the 3 county commissioner districts, are equally represented on the board of trustees. A municipality may not have more than 2 trustees sitting on the board of trustees.
B. The Governor shall designate a commissioner of a department of State Government to be a voting, ex officio member of the board of trustees. The ex officio member designated pursuant to this paragraph may name a designee.
The 8 appointed members appointed pursuant to paragraph A are subject to review by the joint standing committee of the Legislature having jurisdiction over business and economic development matters and to confirmation by the Senate.
Sec. 5. 5 MRSA §13083-C, sub-§§3, 4 and 7, as enacted by PL 2001, c. 568, §1, are amended to read:
3. Terms. Trustees are appointed for 4-year terms, except that, for initial appointments, one trustee is appointed to a one-year term, 2 trustees to 2-year terms, 2 trustees to 3-year terms and 3 trustees to 4-year terms. The commissioner designated pursuant to subsection 2, paragraph B, or that commissioner's designee, serves at the pleasure of the Governor. Trustees may be removed by the Governor. The board of trustees by majority vote may recommend trustee removal due to poor attendance at board meetings. A trustee continues to hold office until a successor is appointed and qualified, but the term of the successor is not altered from the original expiration date of that term. A person may not serve more than 2 consecutive 4-year terms as a trustee.
4. Quorum. Five members A majority of appointed and sworn trustees constitute constitutes a quorum. Five affirmative votes are A majority vote of those present and voting is required for the board of trustees to take action.
7. Officers; temporary agents. The trustees shall elect a chair and vice-chair from among their members the trustees. The authority may contract with technical experts and other temporary agents that it requires if the authority has available funds to reimburse such experts and agents for their services. The authority may employ an executive director, technical experts and other agents and employees, permanent and temporary, that it requires and may determine their qualifications, duties and compensation. For required legal services, the authority may retain its own legal counsel.
Sec. 6. 5 MRSA §13083-D, as enacted by PL 2001, c. 568, §1, is amended to read:
§13083-D. Property of authority
The authority may lease, sell or transfer property or interests in property to a local development corporation or other entity determined by the trustees to be eligible to take ownership and possession of the property or interests in property to accomplish the readjustment or reuse of the facilities owned by the authority. A person may not hold any pecuniary interest in property owned by the authority while that person is a member of the board of trustees.
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 5, section 13083-C, subsection 3, of the 4 new members of the board of trustees of the Washington County Development Authority appointed pursuant to this Act, one trustee is appointed to a one-year term, one trustee is appointed to a 2-year term, one trustee is appointed to a 3-year term and one trustee is appointed to a 4-year term.
Effective September 17, 2005.
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