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No. The bylaws for the district management corporation are not drafted until the articles of incorporation are established. It will then be the task of the SID Board of Trustees to draft bylaws approved by the Board of Trustees and subsequently approved by the Millburn Township Committee.
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There is no particular source established, solely the ability to use funds that are received by the corporation. This could include funds from grants, the Township of Millburn or direct donations to the organization.
Yes. The Board of Trustees meetings will require proper notice, public comment and any other provisions under the OPMA.
There are several changes from the original ordinance in 1992, including the establishment of a Board of Trustees, consisting of 7 members appointed by the Township Committee. Previously this was done through bylaws of the district management corporation bylaws. The ordinance also changes the SID district to include the B-2, B-3 and B-4 districts of the Township of Millburn. More information can be found in the linked presentation here.
If there is delinquency of a SID assessment tax, the same procedures for a lack of a property tax payment would be required. This would include delinquency fees, a lien on the property and potentially a tax sale.
Yes, however the dissolution of the district management corporation would be a two-step process under the new ordinance. It will require the Board of Trustees to agree to dissolution, followed by approval from the Township Committee to dissolve the organization.
The budget process of the SID would remain the same, with the exception that its timing would generally run in conjunction with the Township’s budget process on a calendar year. A budget will be required to be submitted by January 15th of each year. Here is an excerpt from the ordinance of the budget process.
“The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Township Committee of the Township. The procedure shall be as follows:
(i) Introduction and approval;
(ii) Public advertising;
(iii) Public hearing;
(iv) Amendments and public hearings, if required;
All powers and duties enumerated for the District Management Corporation are outlined by Statute and have always been included in the Special Improvement District ordinance. This section has not been edited. That is not to say that it cannot be edited if there is concern over certain permitted powers and abilities of the District Management Corporation.
By discussing the ordinance now it allows the township to put the proposed SID in motion, to be able to operate in 2021. In the draft Special Improvement District ordinance, a tax would not be collected until the budget is formally adopted, which would occur in the 2021 fiscal year.
Meetings are permitted by the Division of Local Government Services to be done remotely through platforms such as ZOOM, Webex, livestreaming or others that allow the public to participate in the public comment portion of a meeting.