Sandyston Township Committee Meeting
March 11, 2008
MINUTES
This meeting was opened and called to order at 9:00 am by Mayor Leppert who stated this meeting was being held in compliance with the Open Public Meetings Act having been duly advertised.
The clerk was asked to call the roll.
Present were: Committeeman Harper and Mayor Leppert
Also in attendance: Amy Lobban, Jessica Caldwell, Jackie Waldron, Tom Brackney, Raj Sinha, Jo-ann Williamson, Bob Edwards, Art Bastian, Linda Edwards, Mary Emilius
All present were asked to join in the Pledge of Allegiance.
Approval of Minutes The minutes of the February 12, 2008 regular and executive session were motioned by Committeeman Harper for approval seconded by Mayor Leppert and unanimously carried.
Tax Collector The tax collector’s report was presented with total receipts of $695,672.35. Mayor Leppert made a motion to approve the report seconded by Committeeman Harper and unanimously carried.
Treasurer’s Report The treasurer’s report was presented with total receipts of $711,381.42 total disbursements of $725,863.54 and ending balance of $729,135.31. Mayor Leppert made a motion to approve the report seconded by Committeeman Harper and unanimously carried.
Payment of Vouchers The committee reviewed the vouchers. Committeeman Harper made a motion to approve the vouchers seconded by Mayor Leppert and unanimously carried.
Departmental Reports The committee reviewed the departmental reports. Committeeman Harper stated he has been in contact with Joe Haggerty, Acting Road Foreman, regarding the replacement of the 1991 Ford pick up truck. The committee agreed a replacement is needed. The clerk will research companies for state contracts on a mason dump truck F450 for the next meeting. The clerk will check with the chief finance officer as to the availability of funds.
Old Business Mayor Leppert stated he has been in contact with John Risko, Sussex County, regarding the fire department concerns with the Layton Firehouse. Mayor Leppert stated he will keep in contact with the County.
Ms. Jessica Caldwell, Township Planner, came forward to update the committee as to the new COAH figures and ordinances. Ms. Caldwell explained the new COAH regulations. The new ratios require one affordable unit among five residential units and one affordable unit for every 16 jobs also number of square footage was reduced. (Previous ratios were one affordable unit among nine residential units and one affordable unit for every 25 jobs.) In addition to the new figures, COAH also requires a density bonus. Inclusionary Zoning Provisions require municipalities to offer a compensatory benefit to developers of one additional market unit for every affordable unit constructed. COAH has now created projections for employment and residential construction for all the municipalities in New Jersey. COAH requires municipalities to plan for those projections. Empty retail space would also have to be cataloged and would generate COAH units too. If a business were vacant for the past four years, refurbish the building, the certificate of occupancy would trigger COAH obligation and it is retroactive to 2004 according to the rules. Committeeman Harper questioned our latest projections. Ms. Caldwell did not have the information but stated she would forward that information to the Committee. Ms. Caldwell surmised the number was around 26 units, so by 2018 COAH expects us to have approximately 26 units. Committeeman Harper questioned Ms. Caldwell on her thoughts on the developer fee ordinance. Ms. Caldwell stated it is 1.5% for residential and 3% for commercial. The fee for a developer (subdivision) would be $180,000 per unit. Ms. Caldwell recommends reviewing the new rules governing COAH and Ordinance 2008-04 with the Planning Board. Committeeman Harper asked Ms. Caldwell to explain the additional market rate in conjunction with the subdivision. Ms. Caldwell explained that idea is that part of the court ruling and municipalities have to provide an incentive to the builder. Previously, most municipalities required the developers to build a COAH unit. There were no incentives for the builder. The Court’s new thoughts now want some kind of market incentive to the developers to help them cover the cost of building the COAH unit. The Court has said it is a one for one so if the developer had to build two COAH units, they would also have the right to have two additional market rate units on site. For instance, if it was a development of 10 residential units, the builder had to provide two COAH units. Now the builder would be allowed to build 12 units instead. These additional units do not count toward your obligation. Committeeman Harper asked if this would allow them to have additional density. Ms. Caldwell confirmed that. If the township requires the units to be built on a commercial site, they allow for other incentives such as an increase in impervious surface or floor area ratio or some other lessening of the regulations which make it easier for the developer to provide a little extra density on the site since it is not a unit based density bonus. If the township decided to have the inclusionary zoning where they are building the units on site for commercial as well then you could say increase the floor area ratio or impervious surfaces allowable on this site as an option. Committeeman Harper asked for other alternatives, such as not doing that and allowances for this to be built off site. Ms. Caldwell stated you can allow this, but you have to give them the option to either build the unit on site or they can build them off site or they could buy another piece of land somewhere and build it there. You can allow that to happen, but if you don’t require the builder to build it on site, your only option is the developers fee which is the 1.5% or 3% and the problem with that is that it doesn’t cover your cost. Committeeman Harper questioned if someone were to go ahead and now build at this point on a major subdivision what would happen. Ms. Caldwell stated currently the township is under the old Growth Share for residential and the builder is required to build it on site. The fee in lieu is $7,500 per market rate unit constructed. Committeeman Harper questioned the transfer of development rights (Regional Contribution Agreement’s), are still allowed or did the court do away with this option. Ms. Caldwell stated municipalities can still participate in the RCA’s. The cost was $35,000 per unit. Revisions under the court ruling now are $80,000 per unit. The court now requires a little more control, such as approval by the County Planning Board. There is also a move in legislation which may eliminate RCA’s. Municipalities are not allowed to use the fee in lieu for the RCA’s, only the developer’s fees. Only the developer’s fees can go towards the cost of the RCA’s. A discussion was held with members of the audience further explaining the COAH rules and obligations for Sandyston Township.
The outdoor entertainment ordinance was reviewed by all of those in attendance. Mayor Leppert made a motion to open to the public seconded by Committeeman Harper for comments and discussion on the outdoor entertainment ordinance. Committeeman Harper stated the Committee needed to determine the number of people attending a specific event that would require a permit. The Committee determined the following would be changed in the Outdoor Entertainment Ordinance: This Ordinance will be in effect for events over 300 people for commercial and residential, the time that the outdoor activity should end was changed to 10:00 pm, the fee paid shall be $100 for each 300 persons, the applicant will be required to advertise the event in the NJ Herald and send notification to residents within 500 feet by regular mail with proof of mailing rather than notification those same residents by certified mail, the date of birth of the person conducting the event will be removed from the application and the number of applications for any resident or business will be set at four per year. The committee thanked all of those in attendance for their comments.
The parking lot agreement was discussed, and the Committee will continue to work toward the finalization of this agreement with the Layton Hotel.
The Committee discussed the Gypsy Moth funding for the 2008 year. Mayor Leppert explained the Committee has decided not to spray for the gypsy moths. Based on the figures from the Department of Agriculture, Sandyston Township has elected not to participate in the state program. Sandyston Township would be obligated to pay approximately $54,000 for one application. Due to the unavailability of planes and chemicals the Department of Agriculture is only able to provide a single application. The burden falling to the taxpayer, it has been estimated that this would cost approximately $45 per taxpayer. Some surrounding municipalities have also decided not to spray. Residents will be advised via the newsletter and website advising residents of other options to properly care for the trees on their property.
The Committee discussed the Layton Post Office and the proposal to move the Layton Post Office to the former municipal building in Layton. The USPS has requested 780 square feet of space. Committeeman Harper stated this proposal is for a 20 year lease with two five year renewals with increases tied to the Northeast Consumer Urban Price Index. The USPS will pay for heat, air conditioning and utilities. The USPS will have use of the meeting area, clerk’s office and bathroom. Sandyston Township will renovate the interior which includes removing asbestos. The building will be resided and new windows will be installed, handicap parking, roof, mold assessment, and commercial door will be installed. USPS will be responsible for heating, lighting and taxes if applicable. Occupancy is projected for October 2008. The Township Committee estimates less than $50,000 in Capital Improvement will be spent on this project. Finalization on the lease for the parking, is pending, which will give residents adequate parking between the hours of 8:00 am to 5:00 pm weekdays and 8:00 am to 1:00 pm on Saturday. Committeeman Harper stated this is a great move for our town center designation and give Sandyston Township a nice return over 20 or 30 years. All of those in attendance agreed.
Mary Emilius from the Sussex County Development Partnership came forward to discuss their position as being an advocate for business growth and expansion on all levels. Ms. Emilius brought packets of information explaining the services being offered by the County. The Sussex County Development Partnership is a non-profit service and as such these services are free of charge. Ms. Emilius praised the Committee for their leadership compared to other municipalities. Approximately 15 years ago the State of New Jersey requested municipalities to come forward designating their growth areas, their town centers, etc. Only 11 of 24 municipalities in Sussex County came forth with any plan, and Sandyston came forth with two. The committee thanked Ms. Emilius for attending the meeting.
Jo-Ann Williamson, Recycling Coordinator, came forward to inform the committee of the need to update the Township’s Solid Waste Plan. Each municipality must update their plan six months after the County finalizes its plan. The County plan is nearing completion. Ms. Williamson also advised the possible implementation of a $3.00 per ton surcharge for all solid waste to be collected by the solid waste facility. This money will be returned to the township, but the money can only be spent on recycling program to educate the public on recycling. The committee thanked Ms. Williamson for her diligence in securing reimbursements for the benefit of Sandyston Township. Ms. Williamson would like to make a recommendation in the near future for a replacement for this position.
Tom Brackney, Treasurer of the Sandyston Township Volunteer Fire Department, came forward to present the recent audit and financial statement. The committee reviewed the grant proposal for the fire department. The committee agreed to provide $7,255 (approved last month) Mayor Leppert stated the fire department would like to install more electrical outlets near the generator. The committee agreed more outlets were needed.
The Sandyston Township Volunteer Fire Department submitted applications for social affairs permit for the following dates: May 3 Beefsteak Dinner, June 14 Sandyston Day, and June 29 Chicken Barbeque. Mayor Leppert made a motion to approve the applications seconded by Committeeman Harper.
The Sandyston Township Volunteer Fire Department submitted an application for a raffle license. Mayor Leppert made a motion to approve the application seconded by Committeeman Harper.
Use of Building applications were submitted by Delaware Methodist Church for November 6, 7, 8, and 9, 2008. Hirams Grove Road Association requested use of the building on March 13, 2008. Mayor Harper made a motion to approve the applications seconded by Committeeman Harper.
Farmside Landscape stated the ballfield would be ready for use. The clerk presented information for benches for the newly installed ballfield. Mayor Leppert made a motion to pay for half of the cost of the benches and recreation would pay for the other half. Committeeman Harper seconded the motion.
Mayor Leppert read the letter of resignation for the Municipal Clerk. Mayor Leppert made a motion to accept the resignation effective May 2, 2008 seconded by Committeeman Harper.
Resolution R-16-08 a resolution for Recycling Tonnage Grant was read by Mayor Leppert. Mayor Leppert made a motion to approve the resolution seconded by Committeeman Harper.
Resolution R-17-08 a resolution opposing the Governor’s Proposed Budget was read by Mayor Leppert. Mayor Leppert made a motion to approve the resolution seconded by Committeeman Harper.