, \ PAGE 1 This special Affordable Housing meeting was held at Howell Middle School North, 501 Squankum Yellowbrook Road, Howell, New Jersey. 1. Meeting Called to Order Mayor Berger called this meeting to order at 7: 10 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 April 17,201 7. (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 April 17, 201 7. (3) By the filing of a copy of said form of notice in the Township Clerk's office on April 17,201 7. 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 Henman, Director of Land Use Matthew Howard, Affordable Housing Attorney Andrew Bayer, Affordable Housing Planner Jennifer Beahm, Community Grants, Planning & Housing (CGP&H) Representative Megan York, 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 201 7. 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.
PAGE 2 1985 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 (1 993-1999). 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 2015. 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. 3235. This would authorize the use of Regional Contribution Agreements (RCA's) between the nine most Superstorm Sandyimpacted counties if accepted by the Legislature.
PAGE 3 R'HEREAS; Assembly Bill X0.3235: sponsored by Assemblynau Dedan J. gls_c.&g-n; Jr. @isnict 13) and Assembl37voman h y H. Handlin (Disnict 13) m-ouldreauthorize the use oi regional contribution agreements between nine most Superstom Sandy-iicted countits and permits uaibs transferred to be counted toward recipient municipa6q-s fair share obligation; and WEEREAS; current Ian. prohibits a muniapality-s use of a regional conmbufion agreement @CAI to meet its fak share hou~ing obligation after the effective date of P.L.200gi c.46; which was July 17, 2006. Hon.evrr: in ordm to address large-scale housing displacement caused by Supernom Sandy and an even grearer need for affordable housing within Atlantic; Bmgen, Cape May, Essex: Hudson, Middlesex= Monmouth: Ocean: and Union counties, thenine most Superstom-impacted counties as identified by the U.S. Depanmmt of Housing and Urban Developmenr. this bill would amend the "Fair Houshg An,'. PL.1985, c.222 (C.52:2?D-301 et d.), to re-authorize a municipality within a Sandyimpacted county to propose the transfer of up to 5O?o of its fair share housing obligation to another municipality within a Sandy-impacted county by mas of an RCA in order to meet their fair &are housing needs.; and WHEREAS: Assembly Bill KO. 3235 also provides rhat a rnunicipaliiry seetdng to send units need not attempt to enrer into an RC.4 with another receix5ng municipality within the same housing region prior to sejjng a redpiat though the Council on Affordable Housing. In addition, this Bill provides that a recdring municipaiity shall be permitted to corn wits accepted as pan of an RCA toward its fair share housing obligation, provided that no excfusiona? zoning techniques have been practiced by the muniapality, such as lowdensity zoning or refusals to gram \:ariances or \vaive resnictions of dimensions of lots. NOW. TEEREFORE, BE IT RESOLVED by &e Itax-or and To\-.nship ComciI of the Tonnship of Howell. County ofh!onmouth State of N ~ Jersey. Y as follows- 1. nrat the governing body supports Assembly Bill So. 3235, wvhich reauthorizes use of regional conuiburiou agreemas between nine most Superstorm Sandy-impacted counties andpamirs &ts manaimed to be countedtolr-ardreopienr muniapaiity's fair share obligation. 2. That a catified copy of this resolution shall be for.varded to the i?" Di~mct Legislators and the Governor's Office Howell Township Declaratory Judgment Action. Howell filed a declaratory judgement action with the Superior Court in July 2015 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 and/or 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.
PAGE 4 There has been ongoing state-wide litigation concerning if municipalities have a "gap" obligation for the time period of 1999-201 5. 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 1999-2015 is 1,368 units. This decision is being contested by Howell Township. Howell is currently awaiting the assignment of a tial 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. Hemnan emphasized that these are proposed only - none have been approved at this time.
PAGE 7 5. Hearing of Citizens CGP&H Representative Megan York provided an overview of the housing rehabilitation program that CGP&H is working on for Howell Township. In addition to managing Howell's affordable housing units, CGP&H also administers the Township's housing rehabilitation program. The Township has certain requirements to rehabilitate existing homes. The program is fimded for about eight units per year and provides up to $18,000 in a fully-forgivable loan to rehabilitate a major system in a home and bring it up to code such as roof, plumbing, electrical. A lien is placed on the house for ten years; if the owner stays in the house for ten years it is fully forgiven. This year's opportunities are all spoken for but Ms. York provided fliers with information for those interested in next year's program. Ms. York explained the application process. Ms. York also spoke about CGP&H managing some of the existing affordable units in the Township. The website affordablehomesnewjersey.com is a useful tool for those interested in renting or purchasing an affordable home; you can apply for affordable housing and join the waiting list; approximately 4,000 people are on the waiting list currently. Ms. York mentioned there are many available affordable units for those 55 and older at The Cove in Howell with no waiting list. Ms. York also explained the process and requirements to qualify for affordable housing and the approximate rental rates for affordable units. Affordable Housing Planner Jennifer Beahm, Affordable Housing Attorney Andy Bayer and Department of Community Development Director James Hemnan responded to citizens' questions and concerns. Sondra Solly, 242 Birdsall Road. Ms. Solly asked about the West Farms Road project. Mr. Bayer and Ms. Beahm responded. Ms. Solly stated that she has no problem with affordable housing in her neighborhood. Michael Bernstein, 3 Colleen Court. Mr. Bernstein expressed concern about the traffic in the Ramtown area. Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel stated that she wrote an ordinance in 2000 about historic pesticide contamination and emphasized that farmland potentially used for development must be tested and cleared by the Department of Environmental Protection. Mrs. Dixel also expressed concern about possible increased numbers of school children. Ms. Beahm responded to both concerns. Denise (last name not given; stated that she is not a Howell Township resident). Inquired about Regal Homes' proposal. Mr. Herman responded. Further comments/questions about agerestricted developments. Response from Mr. Bayer.
PAGE 8 Paul Dorato, 27 Firestone Drive. Mr. Dorato asked why so many of the proposed developments are near Route 9. Ms. Beahm and Mr. Herman responded. Mr. Dorato asked how many of the developments would qualify for the PILOT program. Mr. Bayer responded. Further discussion about PILOTS and taxes. Bart, last name not given, address inaudible. Asked officials to explain benefits that affordable housing will bring to current residents of the town. Mr. Bayer responded. Resident stated that Howell Township should fight the affordable housing requirements. Mr. Bayer, Ms. Beahm, and Mr. Herrman explained the consequences of not participating which would expose the Township to builders remedy lawsuits and sacrifice the ability to determine where developments can and cannot be built. Comments by Deputy Mayor Nicastro and Mayor Berger. Councilwoman O'Donnell addressed a comment made previously about deals being made behind closed doors. Councilwoman O'Donnell emphasized that there absolutely have not and will not be any deals made behind closed doors regarding affordable housing or any other project in Howell Township. Nancy Fariello, 12 Foxhill Drive. Ms. Fariello asked questions about builder's remedy and how plans are selected; Mr. Bayer responded. Ms. Fariello also asked if schools would need to be redistricted again and if there are any green spaces planned in the projects. Ms. Beahm, Mr. Hemnan and Mr. Bayer responded. Maureen Vanburger, 186 Tyrpak Road. Ms. Vanburger asked to view the Tyrpak Road project from Mr. Herman's presentation; asked questions about that project in particular. Discussions about paving Tyrpak Road also took place with Mr. Herman. Name and address inaudible. Resident thanked council for holding this meeting. Asked about group homes. Mr. Herman responded. Ms. Beahrn explained that group homes get some credits and all group homes that the Township is aware of have been put into the program. Resident expressed concern about the lack of sidewalks on Casino Drive and questioned why gas service has been run already. Mr. Herman and Ms. Beahrn responded. Chris Walker, 208 Tyrpak Road. Mr. Walker expressed concern with the poor condition of Tyrpak Road and stated that one resident had their portion of the road fixed. Mr. Herman explained and added that the rest of the road will be patched at this time since it is not known if the road will need to be opened in the near future for utilities. Mr. Walker asked if any towns in New Jersey have successfully won cases against affordable housing. Mr. Bayer responded and also explained that towns that are "built-out" such as Spring Lake for example, do not have any land available to build on and deal with their affordable housing obligations differently.
PAGE 9 Karen (last name not given), Casino Drive. Resident stated she likes the rural nature of Casino Drive. Questioned zoning and high-density building. Ms. Beahm responded that when it comes to affordable housing, zoning doesn't matter; the town has to change the zoning. Joe Traina, 229 Moses Milch Drive. Mr. Traina stated that there are already developments being built across from the schools in this area. Expressed concern about traffic accidents on Newtons Comer Road. Dave Kirk, 18 1 Tyrpak Road. Mr. Kirk thanked the officials for the meeting. After viewing the presentation and hearing the discussions, he feels confident that the Township is doing the right thing. As far as the developments Mr. Kirk asked to spread the wealth evenly. Deputy Mayor Nicastro expressed that the Governing Body hears the residents' concerns and they will be addressed. Name and address inaudible. Resident spoke about the traffic congestion in the area and asked why such a high number of homes/townhomes would be packed in. Ms. Beahrn responded. Mr. Hemnan also responded about 100% affordable projects. Resident stated that people should live where they can afford to live. Also stated that the Parkside area is full of people coming from neighboring towns. Ms. Beahrn explained that affordable housing units are marketed to everyone and there is a waiting list. Resident stated that developments should be built next door to any judge who voted for COAH. Speaker did not give name or address. Discussion about affordable housing projects with Mr. Herrman and Mr. Bayer. Mr. Bayer stated that the Township has been proactive in this ongoing process since the 1980s (COAH first round) and 1990s (second round). Mr. Henman stated that developments already approved in the Ramtown area are supplying some affordable units. Ms. York discussed prices on affordable single family homes. Sondra Solly, 242 Birdsall Road. Ms. Solly mentioned that residents of the affordable homes will bring additional income to all the local businesses. Ms. Solly also commented on the condition of Birdsall Road. Close Hearing of Citizens
PAGE 10 6. Meeting Dates: Regular Meeting - Tuesday, June 13,2017 Executive Session 6:30 P.M. Regular Session 7:30 P.M. 7. Adjoui*nmerzt 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 9:35 P.M. Respectfully submitted, Allison Ciranni Deputy Township Clerk Township of Howell