Conference/Public Meeting Agendas/Documents — Packet

(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 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, regulations 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

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. 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: 173

(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) 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;

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; (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. 174

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 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

pose 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) 25-32.9 Annual Audit of the District Management Corporation. The Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Mayor and Township Council. For this purpose, the Corporation shall employ a certified public accountant of New Jersey. The annual audit shall be completed and filed with the Mayor and Township Council within one hundred eighty (180) days after the close of the fiscal year of the Corporation and a certified duplicate copy of the audit shall be filed with the Director of the Division of Local Government Services in the Community Affairs Department within five (5) days of the filing with the Mayor and Township Council. 25-32.10 Annual Report to the Municipality. The Corporation shall, within sixty (60) days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Township Council. (Ord. No. 1534-98 § 10) 175

25-32.11 Municipal Powers Retained. Notwithstanding the creation of a Special Improvement District, the Township of West Orange expressly retains all its powers and authority over the areas designated as within the Special Improvement District. (Ord. No. 1534-98 § 11) 25-32.12 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions of application of the act and to this end the provisions of this act are severable. (Ord. No. 1534-98 § 12) 25-32.13 No Limitation of Powers. Nothing contained herein shall prevent the Township Council at any time subsequent to the adoption of this ordinance, by ordinance, from abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the Special Improvement District or rescinding the designation or redesigning a Corporation. The Township Council may at any time enact, change or repeal any rule or regulation adopted on the operations of the Special Improvement District. (Ord. No. 1534-98 § 13) 25-32.14 Effective Date. This ordinance shall take effect upon passage, approval and publication as required by law or on July l, 1998, whichever is later. (Ord. No. 1534-98 § 14) Schedule A - SID Assessment Block Lot WO SID Address 10 19 516 Valley 10 23 504 Valley 11 13 494 Valley 11 16 488-493 Valley 11 20 470-482 Valley 11 17 11-15 Dean 12 20.02 1 Cary Street 13 1 442 Valley Rd 13 2.03 436 Valley 14 1 481 Valley Rd 14 5 475 Valley Rd 14 9 473 Valley Rd 15.01 6 427 Valley Rd 15.01 8 429 Valley Rd 15.01 10 433-435 Valley Rd 15.01 12 463-465 Valley 17 1 323 Valley Rd 176

Schedule A—Con. Block Lot WO SID Address 17 2 325 Valley Rd 17 3 327 Valley Rd 17 4 331 Valley Rd 17 5 333 Valley Rd 17 8 339 Valley Rd 17 9 341 Valley Rd 17 58 20 Northfield 17 60 18 Northfield 17 66 10 Northfield 18 20 386 Valley 18 21 386 Valley 18 52 12-14 Main St 18 56 10 Main St 18 58 8 Main St 18 59 5 Main St 18 60 2-4 Main St 18 27 Valley Rd 18 30 364 Valley Rd 18 34 356 Valley Rd 18.01 1 424-426 Valley 22 1 55 Kingsley 23 1 483 Valley 25 2 515 Valley 60 5 59 Main 60 8 65 Main 61 1 77-79 Main 61 5 85-87 Main 61 5.02 81-83 Main 61 13 89 Main 61 14 91 Main 61 15 93-95 Main 61 21 105 Main 61 21.03 107-109 Main 62 32 24-26 Park 62 30 30 Park 62 34 10 Park 177

Schedule A—Con. Block Lot WO SID Address 63 24 Lakeside & Standish 63 36 10 Lakeside Ave 63 33 18 Lakeside Ave 63 37 Lakeside Ave 63 38 Lakeside Ave 63 39 Lakeside Ave 64 2 17 Park 64 3.01 25 Park 64 40 Lakeside Ave 64 42 Lakeside Ave 64 49 28 Lakeside Ave 65 1 119 Main 66 1 175-177 Main 66 5 159 Main 66 7 161 Main 69 1 26-28 Main 69 5.01 N'field Ave Rear 69 5.02 13 Northfield 69 22 16 Lindsley 69 27 8 Lindsley 69 28 46-56 Main 69 32 42-44 Main 69 33 38-40 Main 69 35 34-36 Main 69 36 32 Main 69 37 30 Main 70 1 29 Northfield 73 29 50 Mt. Pleasant 88 17 76-80 Main 88 31 47-49 Mt. Pleasant Ave 89 1 184-186 Main 89 3 180-182 Main 89 4 180-182 Main 89 6 172-174 Main 89 26 146 Main 178

Schedule A—Con. Block Lot WO SID Address 89 33 130-132 Main 113.01 29 424 Main 113.01 50 382 Main 113.01 136.01 372-378 Main 113.01 260 414 Main 113.01 261 412 Main 113.01 25 438-470 Main 113.02 30 340 Main 113.02 33 328-332 Main 113.02 100 324 Main 113.02 102 320 Main 113.02 104 310 Main 113.03 7 342 Main 113.03 9 350 Main 113.03 10 354 Main 113.03 14 366 Main 114 50 270 Main 114 51 277 Main 114 55 262 Main 114 110 222 Main 114 114 216 Main 114.01 1.01 300-306 Main 114.01 17 296 Main 114.01 18 292-294 Main 114.01 19 284 Main 114.01 19.01 288-290 Main 114.01 21 278-282 Main 114.01 24 274 Main 114.01 24.01 276 Main 115 15 55 Lakeside Ave 115 17 Lakeside Ave 115 16.01 1 Lakeside Ave 116 44 239-245 Main St 116 48 249 Main St 116 51 253-255 Main St 116 53 259 Main St 116 53.01 257 Main St 179