Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (Ord. No. 1534-98 § 2; Ord. No. 1570-98 § I; Ord. No. 1602-99 § III) 25-32.3 Findings. a. The area within the Township of West Orange as described by tax block and lot numbers and by street addresses as set forth in Schedule "A" of this ordinance, will benefit from being designated as a Special Improvement District. Schedule "A" will be compiled by the Municipal Tax Assessor annually. Notices and appeal as per subsection 25-32.8 of this ordinance shall apply.* b. The Corporation would provide administrative and other services to benefit the welfare of all those who reside, are employed in or visit the District and the Township of West Orange. c. A special assessment may be imposed and collected by the Township of West Orange Tax Collector on a semi-annual basis, and all of these payments shall be transferred to the Corporation to effectuate the purpose of this ordinance and to exercise the powers given to it by this ordinance. d. Among the services that will be performed by the Corporation will be: 1. Beautification of public areas. 2. Providing assistance to property and business owners for improving and preserving their buildings and properties. 3. Encouraging other physical improvements or policies that will improve the economic opportunities for residents, businesses and persons employed in West Orange. 4. Marketing, promotion and public relations for the District and its neighborhoods, in conjunction with other efforts that are pursued by other groups or organizations. 5. Recruitment and retention of businesses or organizations that enhance the economic and historic qualities of the District and West Orange. e. The business community should be encouraged to provide self-help and self-financing programs to meet local need. (Ord. No. 1534-98 § 3) 25-32.4 Creation of the Special Improvement District. a. There is hereby created and designated within the Township of West Orange a Special Improvement District, consisting of the properties designed and

cial Improvement District. a. There is hereby created and designated within the Township of West Orange a Special Improvement District, consisting of the properties designed and listed on Schedule A. by tax block and lot numbers and by street addresses.* The District shall be subject to special assessments on all affected properties within the District, which assessment shall be imposed by the Township of West Orange for the purposes of promoting the economic, historic and general welfare of the District and the Township of West Orange. b. All commercial properties within the District, including all private, nonresidential assessed properties, are deemed included in the assessing provisions of this ordinance and are expressly subject to assessment made for Special Improvement District purposes. c. All properties within the Special Improvement District that are tax-exempt, or used exclusively for residential purposes with three (3) units or less, or with four (4) units or less that are owner occupied are deemed excluded from the assessing provisions of this ordinance and are expressly exempt from any assessment made for Special Improvement District purposes. Editor's Note: Schedule A, referred to herein, may be found at the end of this section. * Editor’s Note: Schedule A, referred to herein, may be found at the end of this section. * 194

DRAFT PROPOSED REVISIONS – OCTOBER 2011 d. Special Improvement District assessments on mixed use commercial/residential properties will be based on one hundred (100%) percent of its assessed value. e. Unimproved property is deemed excluded from the assessing provisions of this ordinance and are expressly exempt from any assessment made for Special Improvement District purposes. f. All commercial property within the District shall be designated as either Tier I, Tier II or Tier III. Tier I properties shall be those commercial properties of which any portion of the property fronts on Main Street. Tier II are all other properties not included in Tier I and Tier III. Tier III properties shall be commercial buildings that are at least used eighty (80%) percent for office space. g. Tier I’s rate of assessment shall be greater than Tier II's rate of assessment. Tier II's rate of assessment shall be greater than Tier III's rate of assessment. (Ord. No. 1534-98 § 4; Ord. No. 1570-98 § II; Ord. No. 1593-99 § 4) 25-32.5 Assessment. a. All of the monies collected through the assessment, pursuant to this ordinance, shall be spent solely to benefit the properties included in the District. b. Failure of any property owner to pay the annual assessments shall be treated in the same manner as failure to pay property taxes as regulated by municipal and State laws. (Ord. No. 1534-98 § 5) 25-32.6 The Designated District Management Corporation. a. The Council of the Township of West Orange hereby designates Downtown West Orange Alliance, a nonprofit corporation, as the District Management Corporation for the District. b. On adoption of this ordinance, the Board of Trustees of the Downtown West Orange Alliance will immediately assume the management of the Special Improvement District. c. Board Members will serve until the election of new members at the first Annual Meeting, which shall be held within sixty (60) days of the adoption of this ordinance. (Ord. No. 1534-98 § 6; Ord. No. 1602-99 §§ II, III) 25-32.7 Membership. a. The membership of the Corporation shall be as follows: 1. The owners of real property, subject to the assessment under this ordinance, in the West Orange Special Improvement District as created by the Council

ration shall be as follows: 1. The owners of real property, subject to the assessment under this ordinance, in the West Orange Special Improvement District as created by the Council of West Orange. Each taxable property as determined by the Tax Assessor's office of the Township of West Orange shall be entitled to one (1) vote. 2. Persons who are legal tenants of property subject to the assessment in the District and who have paid an annual dues to the Corporation shall be entitled to one (1) vote. 3. Any business, organization or individual interested in supporting the purposes of the Corporation may become a non-voting ex-officio member by filing an application in such form as the Board shall prescribe, and paying such dues, if applicable, as the Board may establish. 4. The Board of Trustees, elected at the first Annual Meeting, will consist of eleven (11) voting members, composed of the following: (a) One (1) Township Council Member to be appointed by the majority vote of the Township Council. 195

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (b) Each Township Council Member and the Mayor shall appoint a trustee who either lives in the Township, works in the District or owns property in the Township. All terms shall run concurrent with the appointing official, and shall be effective from July 1 of the calendar year in which the appointment is made. In the event the appointing person's term ends, the trustee's term shall also terminate. The new Mayor or Council person filling the appointing person's position shall appoint a new trustee. Not-withstanding anything to the contrary, no term shall exceed four (4) years. However, any trustee may be reappointed for additional terms. (c) Two (2) persons, who either live in the Township, work in the District or own property in the Township, to be elected at the Annual Meeting by the Members. Except as hereinafter provided, these persons shall be elected for a term of four (4) years. The initial two persons elected shall randomly be chosen to serve a two (2) - year term, a three (3)-year term and a four (4)- year term. (d) Two (2) persons, who either live in the Township, work in the District or own property in the Township, shall be elected at the Annual Meeting by the Members. Except as hereinafter provided, these persons shall be elected for a term of four (4) years. The initial two (2) persons elected shall randomly be chosen to serve a two (2)-year term, a three (3)-year term and a four (4)-year term. (e) The Township Planner will be a non-voting member who acts as a liaison between the Planning Department and the Corporation. 5. All vacancies of an appointment of the Mayor or Township Council will be filled by the person whose appointment is vacant to fulfill the remainder of the term. If a vacancy of an elected member occurs, the Board Members shall appoint a person to fill the vacancy until the next Annual Meeting at which time a new member will be elected at the Annual Meeting to complete the vacant term. 6. The Board shall elect an Executive Board that will consist of a President, Vice President, Treasurer and Secretary. 7. All members of the Board of Trustees will serve on a

the vacant term. 6. The Board shall elect an Executive Board that will consist of a President, Vice President, Treasurer and Secretary. 7. All members of the Board of Trustees will serve on a volunteer basis and none will receive any form of compensation for service on the Board. For all Board of Trustees meetings, a majority of members will constitute a quorum. 8. All Board Members shall disclose any and all business interests which may be involved or affected in the District. A Board Member shall recuse himself/herself from consideration and voting on any contract or direct expenditure to the Board Member, his/her business or any family members' business. In the event a Board Member is unsure about a possible conflict, said member shall state the possible conflict and the Township Attorney shall determine if a conflict exists. 9. The Board of Trustees will: (a) Adopt and amend the bylaws, rules, regu-lations and policies in connections with the performance of its duties and the regulation of its affairs. (b) Publish an annual Program of Work, copies of which will be delivered to the Township Council. (c) Adopt an annual budget that will be submitted for approval by the Township Council. (d) Elect officers and develop working committees for the District. (e) Retain appropriate insurance for the Corporation and its Board. (f) Hire persons as may be required to perform its duties and pay their compensation from funds available to the Corporation. 196

DRAFT PROPOSED REVISIONS – OCTOBER 2011 10. At the regular Board meeting one (1) month prior to the expiration of terms, the Board's Nominating Committee shall submit a slate of candidates for election to the Board, to which may be supplemented by nominations from other members. The Secretary of the Board will attest to the eligibility of each candidate. 11. The Board of Trustees will hold regular monthly meetings and conduct an Annual Meeting. The meeting schedule will be prominently posted in Town Hall and announced in the newspaper of record. Meeting minutes, financial statements and other pertinent documents will be available for inspection during normal business hours at the Board's offices. 12. The Board of Trustees shall implement the purpose of this ordinance. Among its powers and obligations necessary to fully implement these purposes are: (a) Apply for, accept, administer and comply with the requirements respecting an appropriation of funds for a gift, grant or donation of property or money; (b) Make and execute agreements which may be necessary or convenient to exercise the powers and functions of the corporation, including contract with any person, firm, corporation, governmental agency or other entity; (c) Administer and manage its own funds and accounts and pay its own obligations. (d) Administer exterior, physical improvements to properties within the District with funds provided by Federal, State or local grant and/or loan programs. The Manage- ment Corporation can supplement these funds for these purposes. Any improvements to properties shall be funded through the special assessment only if appropriate grant and loan programs are not available to the Management Corporation. (e) Fund the rehabilitation of properties in the District, subject to the provisions enumerated in this ordinance; (f) Accept, purchase, rehabilitate, sell, lease or manage property in the District with the approval of the Township Council of West Orange; (g) Enforce the conditions of any loan, grant, sale or lease made by the corporation with the approval of the Township Council of West Orange; (h) Enforce bidding requirements consistent with State of New Jersey law; (i)

ant, sale or lease made by the corporation with the approval of the Township Council of West Orange; (h) Enforce bidding requirements consistent with State of New Jersey law; (i) Provide security, sanitation and other services to the District, supplemental to those provided normally by the Township of West Orange with the approval of the Township Council of West Orange; (j) Undertake improvements designated to increase the safety or attractiveness of the District to businesses which may wish to locate there or to visitors to the District including, but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, pursuant to pertinent regulations of the Township of West Orange; (k) Publicize the District and the businesses located within the District boundaries; (1) Recruit new businesses to fill vacancies in, and to balance the business mix in the District; (m) Organize special events in the District pursuant to pertinent regulations of the Township Council; (n) Provide special parking arrangements for the District subject to prior Township Council approval; 197

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (o) Provide temporary decorative lighting in the District. (p) Other matters related to the purposes of this ordinance as may be directed by the Township Council. (Ord. No. 1534-98 § 7) 25-32.8 Annual Budget, Hearing and Assessments. a. The fiscal year of the District and the Corporation shall be January 1 to December 31. The Corporation shall submit no later than September 1 of each year a detailed annual budget for approval by the Mayor and Council. The budget shall be processed and adopted by the Council of the Township of West Orange in accordance with procedures set forth in N.J.S.A. 40:56-84. b. The budget shall be submitted with a report that explains how the budget contributes to the goals and objectives for the Special Improvement District. The budget shall be reasonably itemized and shall include a summary of the categories of costs and property chargeable as follows: 1. All projected revenues and proposed expenditures 2. Each source of revenue shall be separately designated for the fiscal year. 3. A five (5) year projection of the goals and a strategy for the implementation of these goals of the Corporation. c. Reserved. d. Each year, the Corporation shall present to the Township Council a proposed budget. A public hearing shall be held to hear any objections and then the Township Council shall adopt said budget. The Tax Assessor shall prepare the list of properties in the district that are assessed according to this ordinance. This list of property owners, known as the "assessment role" shall be filed in the Municipal Clerk's office and be available for public inspection during normal office hours. Each property owner on the "assessment role" shall receive a notice annually, by mail from the Municipal Clerk at least ten (10) days before a public hearing to consider objections to be levied against the benefited and assessable properties in the West Orange Special Improvement District. In addition, notice will be published in the official newspaper. The notice shall set forth the time, place and purpose of the meeting. After the public meeting, the official assessment role shall be certified by the

published in the official newspaper. The notice shall set forth the time, place and purpose of the meeting. After the public meeting, the official assessment role shall be certified by the Municipal Clerk and sent to the Essex County Tax Board. e. The Corporation shall be responsible to refund the pro rata share of any portion of this special assessment due to a tax appeal. f. For the purposes of this section, "annual improvements" shall mean and include any reconstruction, replacement or repair of trees and planting and other facilities of the Special Improvement District and the furnishing of any other local improvements that benefit properties within the District. For the purpose of this act, "cost" shall, with respect to the annual improvements and all other costs, include planning costs, incurred or to be incurred in connection with annual improvement to and operation and maintenance of the District. g. Any balance of funds remaining unexpended at the end of the fiscal year shall remain available to the Corporation. h. The Township shall pay over funds to the Corporation semi-annually on the last day of April and October. (Ord. No. 1534-98 § 8; Ord. No. 1570-98 § III) 198