The Ohio Enterprise Zone Program requires specific affected entities to be notified formally of a Proposed Enterprise Zone Agreement prior to a local government reviewing and acting upon the proposal. Such notice is to instill the fact that review of a tax incentive proposal is part of the local government’s open meeting process and to provide affected entities with the opportunity to comment on such proposals. Formal notice to affected school boards and to communities from which a business will be relocating is required.
(A) School Board notice.
(1) The New Lebanon Board of Education or Miami Valley Career Technology Center must be notified a minimum of fourteen days prior to the Municipal Council reviewing and acting upon a tax incentive proposal in their school district. The notice must be formal. The notice must include a copy of the Proposed Agreement (application form). The notice must disclose the date, time and location of each review meeting scheduled. Proposed Agreements, which require both local and county legislative approvals, must provide formal notice of each meeting.
(2) If the Board of Education comments on the proposal, either in person or by written statement, the municipality and county when reviewing the proposal must take the comments into consideration when determining the appropriate action. Proposals which exceed the Ohio Enterprise Zone Act’s maximum incentives of 75% must formally request the New Lebanon Board of Education approval no less than 30 days prior to the date the Montgomery County Commissioners plan to review and act upon the proposal. The notice must state the percentage and term of the proposal and an estimate of the true value of property to be exempted. The New Lebanon Board of Education must approve or disapprove the proposal by formal resolution and forward a copy of the resolution to the Municipality of New Lebanon and Montgomery County requesting the action not less than 14 days prior to the scheduled Municipal Council review. If the New Lebanon Board of Education does not take action to approve or disapprove the proposal by the 14th day prior to the municipality and county review, then the municipality and county can proceed as proposed.
(3) If an affected Board(s) of Education requests a meeting to discuss the terms of any proposed Enterprise Zone Agreement, then a representative of the local legislative authorities must meet in person with a designated representative of the Board of Education within five business days, unless an extension of time is mutually agreed upon by the parties.
(B) Relocation notice.
(1) If the municipality receives a Proposed Enterprise Zone Agreement from a business which intends to relocate all or a portion of its operations to the municipality from another Ohio county or municipality and intends to enter into an Enterprise Zone Agreement with that business, then the municipality must formally notify the legislative authority of the county or municipality from which the business will relocate of the business’s reasons for relocating. The notice must be given at least 30 days prior to the first public meeting at which the agreement is to be deliberated by the municipality. The notice shall be by personal service or by certified mail, return receipt requested. In addition, the local government(s) considering the proposal shall notify ODOD Director in the same manner.
(2) Upon request, the ODOD Director may reduce the notice period from 30 days to not less than 15 days. The Director may approve such a request if it is determined that earlier notice is not possible or likely would jeopardize realization of the project. If a request for shortened notice is made, then the municipality need not serve formal notice of the proposal to the Director of Development.
(3) If the municipality fails to comply with the notice provisions required, no Enterprise Zone agreement shall be finalized.
(Res. 2000-41, passed 9-19-00)