State of New Jersey Council on Affordable Housing 101 SOUTH BROAD STREET PO BOX 813 TRENTON NJ (609) (609) (FAX)

Transcription

1 JON S. CORZINE Governor State of New Jersey Council on Affordable Housing 101 SOUTH BROAD STREET PO BOX 813 TRENTON NJ (609) (609) (FAX) COUNCIL ON AFFORDABLE HOUSING MAY 6, 2008 MEETING THREE-HUNDRED-THIRTY-ONE JOSEPH V. DORIA, JR. Commissioner LUCY VOORHOEVE Executive Director MEMBERS PRESENT: Joseph Doria, Jr., acting chairman Marge DellaVecchia, member Deborah DeSantis, member Timothy Doherty, member Albert Ellis, member Mark Holmes, member Theodore King, member Jose Joey Torres, member (arrived at 10:00 a.m.) Suzanne Walters, member John Winterstella, member OTHERS PRESENT: Lucy Voorhoeve, executive director Melissa Orsen, COAH chief counsel Joe Neal, Esq., governor s authorities unit Geraldine Callahan, Deputy Attorney General (DAG) George Cohen, DAG Pam Gellert, DAG Renee Reiss, COAH secretary Keith Henderson, COAH director of planning Sean Thompson, COAH supervising planner Joanne Wiggins, COAH supervising planner Dennis Funaro, COAH supervising planner Gina Fischetti, COAH legal counsel Alice D Arcy, COAH planner Heidi Conover, COAH secretarial assistant Pam Weintraub, COAH principal planner Maria Connolly, COAH principal planner Ramond Joseph, COAH senior planner Eileen Brennen, COAH RCA coordinator James N. Bell, Melvin Kerwin George T. Hanley, Esq., Weiner Lesniak, Town of Secaucus Mike Jedziniak, Esq., Surenian & Associates Theresa Cubba, Esq., Weiner Lesniak, Town of Secaucus

2 Adam Gordon, Fair Share Housing Center (FSHC) Kevin Walsh, Esq., FSHC Alan Magrini, Hartz Mountain Gregory Riccardi Linda Psyllos, Reporter Ron Morgan, Esq., representing several municipalities William Snyder, Secaucus David Kinsey, Kinsey & Hand Gary Rosensweig, Esq., Archer & Greiner Kenneth Meiser, Esq., Hill Wallack Chris Smeltzer, Cranbury Township Creigh Rahenkamp, CRA, LLC A.M. Rizzuto, Esq., McManimon Esqs. Michael McGinness, NAIOP Jeffrey Surenian, Jeffrey R. Surenian and Associates Peter Vandenkoog, BEI Henry Kent-Smith, Esq, Buchanan, Ingersoll Andy Norin, Esq., representing Tower Spring Gardens, New Providence John Maczuega, JDM Planning Associates Art Bernard, THP Scotty Bernard, THP Michael Cerra, NJ League of Municipalities Arnold Cohen, HCDNNJ Brian Slaugh, Clarke Caton Hintz John Russo, Toms River, Jackson & Brick Townships Peter Thambidurai, Department of the Public Advocate Mary Beth Lonergan, Clarke Caton Hintz Phil Caton, Clarke Caton Hintz Jerry Perricone, Town of Secaucus James Ciurartano, Town of Secaucus Jon Schfiavo, Tower Spring Gardens Management Chris Ackemen, Sekel Behet & Ficrenzo Robert Kasuba, Sills Cumis & Gross Tom O Connor, Esq., Waters, McPherson Shirley M. Bishop, Planning Consultant Chris Donnelly, Department of Community Affairs (DCA) Kelly Lehman, Cranbury Township David Cook, Cranbury Township SUNSHINE STATEMENT: The Sunshine Act Statement was read by Chairman Joseph Doria, as follows: This is to advise the general public and to instruct that it be recorded in the Minutes, that in compliance with Chapter 231 of the Open Public Meetings Act, the Council on Affordable Housing (COAH) on April 30, 2008, provided to the Secretary of State, The Star-Ledger, The Courier Post, The Asbury Park Press and The Times, notice of the time, place and date of the meeting. Approval of Minutes: February 13, 2008: COAH voted to approve these Minutes. Moved by John Winterstella and seconded by Mark Holmes Aye Ms. DellaVecchia, Mr. Doherty, Mr. Ellis, Mr. Holmes, Mr. King, Mr. Winterstella and Mr. Doria

3 Nay Abstain Ms. DeSantis and Ms. Walters Approval of Minutes: March 25, 2008: COAH voted to approve these Minutes. Moved by John Winterstella and seconded by Mark Holmes Aye Ms. DellaVecchia, Ms. DeSantis Mr. Doherty, Mr. Holmes, Mr. Winterstella and Mr. Doria Nay Abstain Mr. Ellis, Mr. King and Ms. Walters Executive Session: Commissioner Doria read the Statement for the Council on Affordable Housing to enter into executive session to discuss litigation. Moved by Marge DellaVecchia and seconded by Suzanne Walters A roll call was taken. Aye - Ms. DellaVecchia, Mr. DeSantis, Mr. Doherty, Mr. Ellis, Mr. Holmes, Mr. King, Ms. Walters, Mr. Winterstella and Mr. Doria Mr. Torres arrived at 10:00 a.m. There being no further business to discuss in executive session, COAH voted to reopen the public session. Moved by Marge DellaVecchia and seconded by Timothy Doherty Public Comment: Mike McGuiness of NAIOP, Alan Magrini of Hartz Mountain and Adam Gordon, Esq., addressed the board. 1. Motion Oral Argument: Scarce Resource Restraint Secaucus Town/Hudson County Kate Butler, Principal Planner, provided background information regarding Fair Share Housing Center s motion for an order seeking the following relief: Restraining further development on the portion of the Town of Secaucus that is not within the Meadowlands District; and Prohibiting the Town of Secaucus from acquiring parcels within the Meadowlands District for open space, specifically including, but not limited to, the Farm Road and Oak Lane properties, which the Town is presently working towards purchasing. Kevin Walsh, Esq., the movant representing Fair Share Housing Center and Ronald Cucchiaro, Esq., representing Secaucus presented testimony to COAH.

4 A COAH Task Force will be formed to review the motion request. Moved by John Winterstella and seconded by Timothy Doherty 2. Motion on the Papers: Waiver Pursuant to N.J.A.C. 5: , from the Requirements of N.J.A.C. 5:94-6.1(a) and N.J.A.C. 5:94-6.2(c) and Approval of Expenditure of Affordable Housing Trust Fund Money Delaware Township/Hunterdon County Gina Fischetti, Deputy Counsel, presented Delaware Township s waiver request from the requirements of N.J.A.C. 5:94-6.1(a) and N.J.A.C. 5:94-6.2(c) and its request for approval of the expenditure of affordable housing trust fund money. COAH voted to grant the waivers with the following stipulations and requested a report at its next meeting: 1. Delaware Township must, within 45 days, adopt a resolution committing to petition COAH with an amended third round HEFSP and spending plan that includes the Allies group home development, according to the timetable established upon adoption of COAH s third round rules. 2. These waivers permit Delaware to expend $35,000 per bedroom, up to a maximum of nine bedrooms toward the acquisition and development of the current Allies group home property only. If Allies acquires additional properties for affordable group home units in Delaware, the Township may submit a new waiver request to COAH. 3. Delaware shall provide the Council with documentation within the next 45 days demonstrating that the Township is complying with the approval process for the Perimeter site. Moved by Mr. Torres and seconded by Timothy Doherty Aye - Ms. DellaVecchia, Mr. DeSantis, Mr. Doherty, Mr. Holmes, Mr. King, Mr. Torres, Abstain - Mr. Ellis 3. Motion Decision: Applicability of Uniform Housing Affordability Controls to Spring Gardens Inclusionary Housing Development New Providence Borough/Union County Pam Gellert, DAG, presented a resolution for the Board s consideration after a task force met to review the matter regarding Tower Spring Gardens, LLC ( Spring Gardens ), an owner/developer of an inclusionary site included in New Providence Borough s second round certified plan, request for an order directing New Providence to apply the affordability controls specified in N.J.A.C. 5: and New Providence Ordinance # d to the six affordable units in its development. COAH voted to waive the requirements of N.J.A.C. 5:94-7.2(a) as to the Spring Gardens project in New Providence Borough to permit the higher affordability average of 57.5%. Moved by John Winterstella and seconded by Albert Ellis

5 4. Non-Adoption of repeal of N.J.A.C. 5:94 and N.J.A.C. 5:95 Lucy Voorhoeve, Executive Director, presented the task force recommendations for non-adoption of N.J.A.C. 5:94 and N.J.A.C. 5:95. These rules will remain in effect only for the three municipalities that were previously certified: Buena Borough/Atlantic County, White Township/Warren County and Washington Township/Warren County and those municipalities granted a judgment of compliance by the Court. Moved by Marge DellaVecchia and seconded by Timothy Doherty Adoption of N.J.A.C. 5:96 and N.J.A.C. 5:97 Procedural and Substantive Rules Ms. Voorhoeve summarized the rule clarifications and presented to the Council the task force recommendation that N.J.A.C. 5:96-1 et seq. and N.J.A.C. 5:97-1 et seq. be adopted for publication in the June 2, 2008 New Jersey Register with minor clarifications. COAH voted to adopt both the Procedural and Substantive Rules. Mr. Doherty addressed the board and the public. Moved by Timothy Doherty and John Winterstella Aye - Ms. DellaVecchia, Mr. DeSantis, Mr. Doherty, Mr. Holmes, Mr. King, Mr. Torres, Mr. Ellis 5. Proposed Amendments to N.J.A.C. 5:95, N.J.A.C. 5:96 and N.J.A.C. 5:97 Procedural and Substantive Rules Ms. Voorhoeve summarized the rule amendments and presented to the Council the task force recommendation that N.J.A.C. 5:96-1 et seq. and N.J.A.C. 5:97-1 et seq. be proposed for publication in the June 16, 2008 New Jersey Register. Moved by John Winterstella and seconded by Mark Holmes Al Ellis addressed the board and stated that he was comfortable voting for the amendments. Deborah DeSantis, Mark Holmes, and Commissioner Doria thanked the entire COAH staff, as well as Chuck Richman, for their hard work and dedication.

6 Delegations of Authority: Lucy Voorhoeve reported that the Affirmative Marketing Plan, For-Sale Operating Manual and Rehabilitation Program Operating Manual for Lakewood Township/Ocean County were approved. Mayor Torres left at 11:30 a.m. Public Comment: Kelly Lehman, and David Cook of Cranbury and Kevin Walsh, Esq., of FSHC address the board. There being no further business to discuss, the public session of the Council on Affordable Housing adjourned at noon. Moved by John Winterstella and seconded by Marge DellaVecchia Aye - Ms. DellaVecchia, Mr. DeSantis, Mr. Doherty, Mr. Ellis, Mr. Holmes, Mr. King, CERTIFICATION I, Renee Reiss, DO HEREBY CERTIFY, that the foregoing is a true, and correct copy of the Minutes of the May 6, 2008 Public Session of the Council on Affordable Housing. Renee Reiss, Council Secretary