Council to consider Business Improvement District ordinance, management agreement and bylaws next week

Borough Solicitor Charles Garner presented draft documents related to a proposed Business Improvement District (BID) for the downtown area and asked council to consider the ordinance, management agreement and bylaws at the next meeting.

Garner described three documents attached to the agenda: an ordinance creating the district (with an attached map, property list and business plan), a draft management agreement between the borough and the district’s management association, and a set of bylaws for the association. He said the ordinance would give the district a five-year life with an automatic sunset unless the ordinance is amended.

Garner recommended two changes to protect borough oversight: allow borough council to appoint its member to the BID board of directors (the draft called for board appointment by the board itself) and require council approval for any subsequent bylaw changes. He also noted the borough’s limited role would be to file minimal claims for delinquent assessments; day-to-day operations would be the management association’s responsibility.

The ordinance has been advertised and staff recommended listing it for the council agenda on Monday for formal consideration. No final council action occurred at the June 4 meeting; Garner said the ordinance and agreement can be approved together but need not be.

If council approves the ordinance at upcoming meetings, the management association will oversee assessment collection, set services within the district and operate under the proposed bylaws; council will retain the statutory authority to appoint a borough representative if it accepts Garner’s changes.