I. Meeting Called to Order Mayor Berger called this meeting to order at 7:00 PM.

Transcription

1 PAGE 1 This special Affordable Housing meeting was held at Howell Middle School South, 220 Ramtown Greenville Road, Howell, New Jersey. I. Meeting Called to Order Mayor Berger called this meeting to order at 7:00 PM. 2. Opening Statement and Roll Call Deputy Township Clerk Ciranni read the opening statement. Adequate notice of the holding of this meeting of the Howell Township Council was provided for in the following manner: (1) By the posting of a copy of said notice upon the bulletin board in the Township Municipal Building on March 13, (2) By the faxing of a copy of said notice to the Tri Town News, Star Ledger and Asbury Park Press for information and publication on March 13, (3) By the filing of a copy of said form of notice in the Township Clerk's office on March 13, The public will be allowed to attend and will be allowed to participate pursuant to the Open Public Meetings Law. The public is reminded that civility and decorum will be maintained during the meeting. Any contracts awarded at this meeting, or between now and the next meeting will be required to comply with the requirements of Public Law 1975 Chapter 127 (NJAC 17:27). Roll Call: Present: Mayor Theresa Berger, Deputy Mayor Robert Nicastro, Councilwoman Evelyn Malsbury O'Donnell. Also present: Township Manager Jeff Mayfield, Department of Community Development Director James Heman, Director of Land Use Matthew Howard, Affordable Housing Attorney Andrew Bayer, Affordable Housing Planner Jennifer Beahm, Deputy Township Clerk Allison Ciranni. Absent: Councilwoman Pauline Smith, Councilman Robert F. Walsh. 3. Pledge of Allegiance. Moment of silence to recognize soldiers overseas. 4. Discussion- Affordable Housing Plan Affordable Housing Attorney Andrew Bayer provided a detailed presentation on Affordable Housing in New Jersey and Howell Township in particular. Howell Township Affordable Housing Timeline Presented By: Andrew Bayer, Esq., on Behalf of Howell Township April Introduction Why we are here? How we got here? Where are we heading? 1975 Mt. Laurel doctrine is created by The Supreme Court. Municipalities have a constitutional obligation to provide a fair share of affordable housing to low and moderate income households. ~3RIGlNA;.. Mtr\id FES

2 \ PAGE The NJ Legislature adopts the Fair Housing Act to implement the Mt. Laurel doctrine. Creates the Council on Affordable Housing "COAH" which estimates the present and prospective need for low and moderate incomes. Charged with adopting criteria and guidelines for municipalities to follow Council on Affordable Housing "COAH" Howell Township is part of an affordable housing region encompassing Monmouth, Mercer, and Ocean Counties. COAH issued two rounds of regulations which were upheld by The Supreme Court. The Second Round regulations were the last to be upheld as constitutionally compliant ( ). The Third Round regulations were found to be inconsistent with the Mt. Laurel doctrine because the regulations utilized "growth share" methodology. The Supreme Court directed COAH to issue regulation in compliance with Second Round regulations. COAH failed to adopt new regulations as of March Municipalities that had been participating were required to file declaratory judgment actions with The Superior Court. Continued to provide immunity from builder's remedy litigation. Regional Contribution Agreements "RCA's". Howell Township had a 102 RCA agreement at this time with the City of Asbury Park. Howell paid Asbury Park a perunit fee. Howell obtained the credits for the affordable housing that it funded for Asbury. In 2008, the Legislature amended the Fair Housing Act and declared RCA's illegal. In 2014, the Howell Township Council adopted a resolution supporting legislation which would allow municipalities to utilize RCA's as part of its affordable housing plan. Resolution Supporting Assembly Bill No This would authorize the use of Regional Contribution Agreements (RCA's) between the nine most Superstonn Sandyimpacted counties if accepted by the Legislature.

3 PAGE 3 ~ECILUTIO~~SI'PPOR~mG ASSEMBLY BILL-YO \\HIGH RUITHORIZES IXE OF REGIOSAL COSTXBPTION AGREEIIEXTS (RCA's)BET\\'EESTEE W'HEREAS, Assembly Bilt Xo. 3235, sponsored by Assemblyman Dedan J. Q:S-@.~R; Jr. (District 13) andassemb1:moman Amy H. Handtin (Disuict 13)ruouldreauthorize theuse of regional conuibution agiennents betweennine most Supastom Sandy-impacted counties and pe~mits units transfmed to be counted tow-ardrecipient municipality's fair share obligation; and \%T3EREAS2 ment law prohibits a municipality's use of a regional cmm'bution to meet its fair share housing obligation after the effective date of P.L.2008, c.46- \which was July 17: However, in order to address large-scale housing displacement caused by Supersrorm Sandy and an even grearer need for affordable housing within Atkntic, Bergen Cape May; Esrer Hudson, Middlesex; Monmouth: Ocean: and Union counties, the nine most Supastam-impacted caunties as identified by the U.S. Department of Housing and Urban Devdopment: this bil wdd amwd thez%air Housiig Act," P.L.1985, c.222 (C.j2:27D j. to re-authotize a municipalitv within a Sandyimpaned county to propose the transfer of up to jod,& of its fair share housing obligation to anolher municipality within a Sandy-impacted county by means of an RCA in orda- to meet theu fair she housing needs.; and UTEEREAS: Assembly Bill No also provides that a muniupdify se&ng to send units need not attempt to enwr into an RCA with another receihg municipality within rhe same housing region prior to seeking a reapiiznt though the Council on Affordable Rousing. In addition, this Bii provides that a receivfng municipality shall be permitted to count units accepted as pan of an RCA toward its fair share housing obrigarion, prodded that no euclusionaq zoning techniques have been practiced by the muniapalirp. such as lowdensity zoning or refusds to grant variances or waive remictions of dimensions of lots. SOW. TEEREFORE. BE IT RESOLYED by the 5la1.01 and Township Council of the Toxrnship of Hon eu Counv of 3lonmouth Stare oinen..terse> as follows I. That tile governing body suppons Assembly Bill , which reauthorizes use of regional contribution agreements between nine most Superstom Sandy-impacted counties and pamits units nansfmed tobe counted to%vardreupient muniapality's fair share obligation. 2. That a certified copy of &is ~esolution shall be fonvarded to the 1Zh District Legiskrors and the Govmor's Office Howell Township Declaratory Judgment Action. Howell filed a declaratory judgement action with the Superior Court in July seeking a court order declaring Howell's affordable housing obligation and temporary immunity from builder's remedy until a compliant housing plan is established after the court decides an affordable housing obligation. Currently there are two intervenors and four prospective intervenors in the Township's declaratory judgement action who have filed applications with the court. They will have the right to comment on andlor oppose Howell's affordable housing obligation. No development rights as of right now. In order to obtain temporary immunity, Howell was required to submit preliminary affordable housing plans to demonstrate good faith. Two preliminary plans were submitted. Howell was granted temporary immunity from builder's remedy litigation until its affordable housing obligation is decided. The preliminary plans submitted by the Township are not binding agreements.

4 PAGE 4 There has been ongoing state-wide litigation concerning if municipalities have a "gap" obligation for the time period of In early 201 7, the Supreme Court held that municipalities do have such an obligation. The Fair Share Housing Center has decided that Howell's third round affordable housing obligation for the period of is 1,368 units. This decision is being contested by Howell Township. Howell is currently awaiting the assignment of a trial date wherein the court will determine the Township's affordable housing obligation. Howell has met with 17 prospective developers who have advised the Township that they have the land and development opportunities to help Howell meet its affordable housing requirement. This meeting is to share all of these proposals with the community so that Howell's residents have an understanding of the various proposals pending in the Township. Mr. Herrman and Mr. Howard presented a detailed map presentation on each of the proposed affordable housing developments in town. Mr. Herrman emphasized that these are proposed only - none have been approved at this time.

5 PAGE 5 buildings each with 24 rental units. 81 affordables (20%)

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7 APRIL 7, 2017 PAGE 7 5. Hearing of Citizens Affordable Housing Planner Jennifer Beahm, Mr. Bayer and Mr. Herrman responded to citizens' questions. Linda Romeo, no address provided. Ms. Romeo spoke against further development in the Ramtown section of town. Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel questioned why the Villages community was never considered for COAH and inquired if it could be included in the affordable housing plan. Ms. Beahm responded. Mary Lou Durnin, 13 Lilac Place. Ms. Durnin spoke against further development in the Ramtown section of town. John Carlucci, 50 Little Leaf Lane. development will cause. Mr. Carlucci spoke about traffic problems further Kevin Glass, 8 Rutgers Drive. Mr. Glass spoke against traffic issues that construction vehicles would cause and overcrowding of schools due to further development in the Ramtown area. Mike Palmer, 9 Poplar Street. Mr. Palmer asked how many of the proposed developments would actually need to be built. Ms. Beahm responded. Mr. Palmer also expressed concern for wildlife that would be affected by development. Leslie Alexander Vargas, 25 Bryce Canyon Road. Mr. Vargas expressed concern about further development in the Ramtown area, particularly traffic safety for those riding bikes. Mike Foral, 15 1 Pine Needle Street. Mr. Foral spoke about traffic on Newtons Comer Road and flooding on Western Drive and that these would be made worse by further development. James O'Brien, 42 Conifer Street. Mr. O'Brien requested clarification on number of units and cited negative impact on schools. Ms. Beahm and Mr. Bayer responded. Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel asked how property taxes will be affected and why properties are being re-assessed every year. Mike (last name inaudible), 17 Laurel Crest Drive. Resident thanked the Township officials for tonight's presentation and asked if it will be available to view online. Mr. Herrman responded that it will be posted on the website.

8 PAGE 8 Anthony Siciliano, 19 Poplar Street. Mr. Siciliano attends Howell High School and feels it is overcrowded. Mr. Siciliano also stated that he will be driving soon and is concerned about the safety of the Township's roads with additional vehicle traffic. Name not given, 9 Sally Street. Resident felt that it would be better to make units for purchase rather than rentals and requested that areas along Route 9 be considered first. Mike Violante, 22 Albatross Drive. Mr. Violante asked if restrictions could be placed on commercial units that are proposed to go along with a development. Ms. Beahm responded. Mr. Henman addressed Mr. Violante's question about a construction site near Ramtown Florist. An existing home was torn down and the foundation is being removed. Joe Montella, 16 Newtons Corner Road. Mr. Montella spoke about traffic in Ramtown and stated that the properties in question are not zoned for the developments. Mr. Henman responded. Mr. Henman and Ms. Beahm explained that any 100 percent affordable housing project would be all rental units. All 100 percent affordable projects provide two-for-one credits and would require a PILOT (payment in lieu of taxes). They also discussed a fund specifically for subsidizing 100 percent affordable housing projects (Township housing trust fund). The trust fund is not taxpayer money. It is money that developers have paid into a separate fund for affordable housing purposes; if this money is not used for affordable housing purposes the State will take it. Gail Stampfel, 7 Appaloosa Court. Ms. Stampfel expressed concern about traffic on Fort Plains Road, West Farms Road, and Sunnyside Road that could worsen due to additional development in those areas. Name and address inaudible. additional developments. Resident stated that the Ramtown area is too crowded for Keith Lynch, 77 Porter Road. Mr. Lynch stated that he moved to Howell for the rural atmosphere. Mr. Lynch asked when decisions will be made regarding the affordable housing situation; Mr. Bayer responded that the Township will be strongly advocating to keep the number as low as possible. Rod Hennings, 8 Sally Street. Mr. Hennings stated that there are three current developments in Ramtown that are not COAH related but should be on the map to show what else is occurring in this area.

9 PAGE 9 Jack Tiernan, 2 Lorelei Drive. Mr. Tiernan stated that everyone in the room is against the proposed affordable housing developments but someone in Trenton or Washington will make decisions that will affect Howell Township in spite of the sentiments of the residents. Cathy Everitt, 13 James Hollow Court. Ms. Everitt asked about 100 percent affordable developments and PILOTS. Mr. Bayer explained PILOT and other options in greater detail. Lorraine Trenery, 17 Laurel Crest Drive. Ms. Trenery questioned the number of rental units in the proposed Ramtown area projects. Ms. Beahm and Mr. Herrman responded. Robert Richards, address inaudible. Mr. Richards stated that he moved to Howell from Brooklyn to get away from the traffic. He also suggested that low income housing could lead to more crime. Name and address inaudible. Resident questioned what would happen if the Township simply rehsed to comply with affordable housing regulations. Mr. Bayer responded. Melissa Hawley, 7 Paulette Lane. Ms. Hawley commented on large class sizes and traffic problems in the Ramtown area. Mr. Herrman addressed concerns about particular intersections involving county roads. Patti Tiernan, Ramtown. Ms. Tiernan stated that politicians in this country are corrupt. John Bonevich, 16 Firestone Drive. Mr. Bonevich stated that other towns negotiate or re-zone. He also asked if abandoned homes can be rehabilitated and considered for affordable housing. Ms. Beahm, Mr. Bayer and Mr. Herrman addressed concerns and questions. Leslie Alexander Vargas, 25 Bryce Canyon Road. Mr. Vargas asked if the affordable housing will be available to all people or if the builders will get to decide who lives there. Mr. Bayer and Ms. Beahrn explained that by law they would need to be affirmatively marketed to the public. The Township's administrative agent (Community Grants and Planning) maintains a list of income-qualified individuals for when the units become available. Bob Kelly, 41 Roberta Drive. Mr. Kelly stated that he would not like to see more development in town but it would be better near transportation. Steve Charney, 11 1 Hilltop Road. Mr. Charney stated that the Township should exercise eminent domain regarding the abandoned homes in town. Kim Askin, 61 Bryce Canyon Road. Ms. Askin thanked the Mayor and Council for having this meeting and for holding it at the school and asked the council to acknowledge the local residents who came out this evening out of concern for their community.

10 PAGE 10 Joan Osborne, 28 Bronia Street. Ms. Osborne commented that PILOTS cause a shortfall in funds for the Board of Education to educate the additional children that would come into the school system. Mr. Heman responded. Name and address inaudible. Resident asked if the maps show developments that are already being built in Ramtown. Mr. Heman responded that they only show proposed affordable housing developments and those with an affordable component that have already been approved. Resident also asked about a traffic signal at a current four-way stop to which Mr. Herrrnan and Ms. Beahm responded. Eileen Fuller, 29 Alan Terrace. Ms. Fuller asked about future affordable housing requirements for the Township; Ms. Beahm responded that we are currently in Round 3 which will take us until Discussion with Ms. Beahm about shore towns with very little open land versus towns like Howell with lots of land. David Levine, 24 Poplar Street. Mr. Levine inquired about the County's plans for intersections. Mr. Heman responded that he doesn't believe anything is available yet. Close Heaving of Citizens 6. Meeting Dates: Regular Meeting - Tuesday, April 18,2017 Executive Session 6:30 P.M. Regulav Session 7:30 P.M. Limited Regulav Agenda Items Adoption of the Municipal Budget 7. Adjournment Deputy Mayor Nicastro made a motion to adjourn the meeting, seconded by Councilwoman O'Donnell. Roll Call: Ayes: Mrs. O'Donnell, Mr. Nicastro, Mayor Berger. Meeting adjourned at 10:OO P.M. Respectfully submitted, Allison Ciranni Deputy Township Clerk Township of Howell