Okay, calling to order special meeting June 30th, 2025 at 2 PM. Uh, can we all rise for the flag salute, please? I pledge allegiance to the flag of the United States of United States of
America to the republic for it stands. One nation one nation indivisible and justice for all and justice for all. Thank you. Uh I have roll call Lisa, please. Commissioner Langraph here.
Commissioner Mento here. Mayor Kel here. Thank you. Can I have the uh would you like would you please read the open public meeting announcement, please? Pursuant to the open public meetings act, adequate notice of this meeting has been provided. The agenda for this meeting is posted at city hall and on
the city's website. Thank you. Would you please read the live streaming announcement, Lisa? The city of Bender offers a live streaming and the option of public comment via remote access as a convenience to the public. In the event remote access is unavailable for any reason beyond the
city's control, the city will not pause or stop the live meeting and the city reserves the right to discontinue remote access at the discretion of the city for any future meetings. Thank you. Uh we have three resolutions uh to adopt today. Correct, Lisa? Yes. Thank you. So
we have uh first resolution is 2025-217. This is uh state of New Jersey awarding contract for special professional services of Tiffany A. Please help me pronounce your name. Coullio. Good. That works. To provide veterary
planning services. Correct. Correct. Do I have a Do I take a motion to adopt that resolution? I'll make a motion we adopt resolution 2025-217. A second. She's muted and phone off and audio off.
I had unmuted. Okay. Can you hear me? Yes. Yep. Second. Roll call. Lisa, please. Commissioner Langraph. Yes. Commissioner Mento. Yes. Mayor Creable. Yes. We have a second motion. Um we'll need
for resolution 2025-218. is resolution regarding the New Jersey petitioning with an adopted housing element and fair share plan. Just a question on this one first. Uh Juliet, do we have to do anything for
the public first or we can adopt these and then have public post that? Well, there isn't any requirement for a public hearing at this level, but that's really within your discretion if you want to hear comments from the public. This this next one is just adopting what
the planning board just amended our master plan with the housing element and fair share plan. Just maybe just as a as a way to be more transparent, we have Tiffany go through a very brief presentation at this point. Mayor, you agree with that? I agree 100%. Okay. Y I
agree also. Okay. So brief. Um the city is entering into the affordable housing realm under the fourth round of affordable housing requirements in New Jersey. Every municipality has a con statewide constitutional obligation to provide affordable housing. This plan
provides for your obligation from 1987 through 2035. It includes your rehabilitation present need obligation of 24 credits which you'll work with the uh Atlanta County Improvement Authority for. And then it includes a total of 60
credits required for the cumulative um 1987 through 2035 period. Prior round is 27, third round is 19, fourth round is 14, totals up to 60. We did a vacant land analysis which showed that you only had the ability to accommodate a
realistic development potential of three units based on existing vacant property leaving an unmet need of 57 credits. Um in terms of meeting your requirement, we were able to look at existing improve uh existing facilities in the city
including Shalom Towers and two existing group homes as well as a credit from uh one of the existing cooperative sober living residences. Uh that gave us a total of hold on let me do this right because I didn't do my math beforehand.
That gave us a total of 49.5 credits towards your 60 unit requirement, leaving an unmet need of 10.5 unsatisfied. In order to satisfy that 10.5 uh requirement, you do not have to affirmatively designate a site, but you have to provide reasonable
opportunity. The proposal and the ordinances that would be adopted if approved by the state would be a uh citywide overlay ordinance which would say any development in the future uh that provides 10 or more multif family units would have to do a 10% or 20%
affordable housing set aside. So if they build 10, eight would be market, two would be affordable. if they build more the same percentages. Um it is uh for any site that either is under existing zoning if it provides for it is reszoned because you're going through a master
plan process and reszone goes through a variance process or a future um agreement with the city to allow for that type of housing. Uh this does not apply to any existing developments that are before the board and it does not apply to any existing approved
redevelopment plans um that have been presented to the city. So um that would address your unmet need of 10.5. And the plan also provides the future opportunity uh to use development impact fees collected through the statemandated development fee requirements for
non-residential development to maybe off to create future market to affordable units or to provide funds for other rehab units or to provide mortgage assistance, down payment assistance and other um administrative uh mechanisms throughout the city. That's the short
version of what I just did. That perfect. I I appreciate that. And I just want to comment my takeaway as I've become over this process a little bit more educated in this that the main takeaways that I see as as as a resident
is that these are highly technical formulas that um are um have been um that are mandated and it's our constitutional obligation to provide these in the in the state of New Jersey. And the and when and I think the main
key takeaways are these is that the for me anyway is that the the these are funded by non-residential developments any any any fees. So they're not it's not it's not something that becomes a taxpayer burden and that the the suggest and that the plan includes an overlay of
the entire city with uh and and is only triggered by a a development of 10 units or more where 20% be becomes part of our obligation. and correct me if I'm wrong on any of this, but this gives us the the most flexibility and also another bite of the apple when it comes time to
approve these sorts of things throughout the city. And then um and then one of the main things is it protects us from uh builder remedy lawsuits which could um which would be a negative obviously. U but this is something that um that is
it's a necessary step for the city to take. Agreed. Yeah. So, I'm just trying to put it from in a frame of mind as a as a as a resident as well. Yeah. It it's been and I said this at the planning board and and you know, Tiff and I are in in the same world, so to speak, but she she
does the same kind of planning I do, but she stayed in the in the COA, which what this used to be called, affordable housing used to be called, council and affordable housing. She stayed in that world. I got out of it about 25 years ago. Um, we have some go back between that sometimes. We we worked on a
project together in a municipality a couple of months ago where she did the the COA planning and I did the the site planning work. Um it's something I just didn't it's a lot it's it's a lot to get done and it's been in litigation since
the early 2000s. So I just you know just one of the things I want to put out there that municipalities in New Jerseys have had this obligation to provide opportunities for affordable housing since the Supreme Court found it. as you said comm or mayor the state constitutional obligation in the Mount
Laurel case in 75 we're the first administration to take this obligation seriously since that legislature adopted this fourth round is really when it became you know after COA failed administrations they sued the state a lot of folks sued the state um
so we're making the best effort we can yes it is rushed I will I will admit that um but we have to do this at this point to protect us from overdevelopment with a builder's remedy lawsuit. Um, so I think that is an aspect of of what we
need to do to one provide affordable housing for folks that need assistance. Um, certainly supportive of that and this is the best way to do it. So that that just a quick comment. So again, I thank Tiffany and and and
Juliet and everyone who worked on this and Lisa for jumping on getting us on these meetings today. Much appreciated. Maria's Maria keeps getting muted. There you're on now, Maria. Yeah. Could you please stop muting me and taking me off
video? I don't think he has it. I don't think it's his. I'm not doing it. It's two or three times. Yeah, it happened to me on the last meeting. Um I have a few questions. Is that okay, Tim? Yeah. just for clarity and for any public that
may be um have gotten on to on the meeting or may look at this later. Um I I'd like to know a few things. What if we do nothing and what are other towns doing? That's the second one. And then the third one, how long has affordable
housing requirements been around? And has the city done anything about it in previous I know we I know we've we've been following this but has has the city done anything previously? No, we've never never addressed affordable
housing. 75 was when litigation started 1975. Okay. in the 80s that that COA was formed, Council on Affordable Housing when the requirements started to come out and then there was litigation in the Tiffany, correct me if I'm wrong, early
2000s, late 90s. Um, yeah. So then it was in flux for a long time. Governor Christie abolished it during his uh tenure. Um, abolish might be a strong word, but but basically shut it down. This fourth round comes out of again the
litigation that everyone now is trying to rush to get compliant with. Um Tiffany, correct me if I'm wrong. Again, if we don't comply, a builder could come in and buy up, you know, um say he buys up that beachfront lot where Steve Wind's house was and says, "I'm going to
put 10 multif family here and I'm going to do 20% set aside." He can do that without our without he can sue us under a builder's remedy lawsuit and put that development there without us having a zoning say in that matter at all. Correct. So that that's the issue that
we're trying to protect ourselves from. Good question. And and I know folks don't if you don't if you're not in this world, it's a hard thing to understand, but you know, builder's remedy lawsuits have, you know, Brigantine got involved in one years ago. Um, and we end up
doing an overlay district similar to this, but more more focused. I think they're changing that plan now with Tiffany's assistance. Um, so you don't want to fall into that builder's remedy lawsuit. Then you lose all zoning control in your in your municipality. and and Lance, I'll add to that what
other municipalities are doing. Um, in Atlantic County, there's still a few that have done nothing. Um, and that is their choice. Um I think with Bentner um one of the things that whether it was intentional or not in the third round
there was a continuous lawsuits on how you calculate your obligation and municipalities had to fight with Fairshare Housing Center to determine their obligation until 2018 when the Jacobson decision came out and then after that where the courts started
accepting that decision. Um at that point then we were too close to the fourth round. When Fairshare Housing put out the numbers for Ventner in the third round, it was 171. The Jacobson decision made 19. You would have had to negotiate
down from 171 and never would have got down to 19. So that hold out saved you significantly um in terms of not having to do that larger obligation based on all that litigation that went down over the years. So this is actually a benefit
to the city because now you have a reasonable number and a formula that makes sense on how to calculate your obligation. I agree with that. Definitely agree with that. So this has been around 50 years. It's been around for a while. Okay. Right. Um
I had one more question. Let me think. What was it? Oh, so just um my understanding very simply, this will apply to any development that is greater than 10
units or 10 homes going up, right? Do I get that right? And that means two of them will have to be um dedicated for affordable housing. Correct. That's what Yes. So, it would have to be a location in the city where we're going to see the development of 10
10 homes on on a a piece of land. Yes. Correct. Okay. I'm hesitating because I don't know whether to answer it or let Tiffany answer it. That is the correct answer. Um there is also the provision like I said um when you collect your
development fees you can start doing a market to affordable program like Brigantine does and other towns that don't have a lot of land and if you get to that 10.5 through that program if you get enough units over time you can eliminate the overlay zoning because now
you satisfied your obligation. So you you just don't want to do the market to affordable program as your affirmative because you would then have to put tax dollars to it until you got money from your trust fund. And that's why we're not doing it that way because we don't want to put tax dollars to a program um
that you can fund through non-residential development fees. Okay. And I missed the beginning of that because my ring went off, but um the the I I don't know if you took did did we mention about the role of the ACIA? Does some of that apply to the that applies
to the rehabilit applies to the rehabilitation number which is different than the 10.5 that's okay. Um in regard to the fees um again so that we're all on the same
page. Can the can and I know the answers for this but sometimes I'll ask you something just so we can all hear it again or so others can hear it. Can those monies go I know it's not a lot of money but can those monies go to anything else like to reduce taxes only
as it relates to affordable housing. Okay. So providing for the programs that relate to affordable housing that you would otherwise may need to use tax dollars for. So staffing related to affordable housing a portion of that can be offset. Correct. Okay.
And I if I can just linger on that for a second, I think that's what can be sound bureaucratic and confusing is that there's really two ways to remedy the word affordable housing in our area, right? It's this fee structure that can be used towards towards other
obligations and it's also the development of properties, right? Is that is that fair to say? So yes, you can collect the funds that the state would otherwise take and use it to create units if you get enough uh funds to do so. You can also use the
funds to offset the administrative cost and to help people in the affordable units. So yes, right, I think that is okay. How does how does rentals apply to all this? So an affordable unit can be for sale or rental. It depends on the
person who's building it and what their model is. So, um, you know, just depends on who the developer is if they're developing units. Okay. So, the rental would count because that's what the developer built it for. Correct.
Okay. Yeah. Okay. Rental is preferred in the affordable housing world, but it can be for sale or rental. And is that a 30-year commitment as a rental? It is. Yes. Okay. Just for the location, though, not the person doesn't have to stay there, but
if you're going to rent it, right, restrict it, it's going to be a 30-year restriction. Got it. You can't force someone to stay there if they want to. My god. I understand. Just to make that clear to everybody. Yep. It's a lot. And I appreciate the the the access you've given us and the uh to to
to sort of put a um to put it in layman's terms for us. Um very helpful. Thank you, Tiffany. And as was noted in the planning board meeting, I was listening to that. Um, Tiffany, thank you for all your work on this and um,
very extensive and I I understand you have many municipal clients that you've done this for and you're highly qualified. Yes. All right. That I think we're waiting for a motion for the second resolution. Yeah, if I
could have a motion for um resolution 2025-218 as described earlier, New Jersey petitioning with adopted housing element and fair share plan that we just discussed. I'll make that motion. Second.
Roll call. Lisa, Commissioner Landria. Yes. Commissioner Mento, yes. Mayor Kel, yes. We have uh another last resolution is 2025-218. This is resolution uh for state of New
Jersey requesting review and approval of our municipal housing trust fund and spending plan. So this is uh um also part of the packet that has been um uh distributed regards to the um the
spending plan uh that is uh that is anticipated through fees of non-residential development dollars. Um do I have a motion to adopt? Make a motion to adopt resolution 2025-219.
I second that. Have a roll call. Lisa Commissioner Langri. Yes, Commissioner Mento. Yes, Mayor Creel. Yes. Thank you all. At this time, we have a portion of for the public. We welcome uh
any participants, organizations or individuals as well as in special meetings to uh to um uh to have any uh questions or comments um during at any um any items that we've discussed so far. Uh Jim, knowing this is all on uh
on Zoom, has anyone indicated a um they would like to speak on any of the resolutions or any of the comments? Uh so far, anybody in Zoom wish to question or comment any of these items? Lisa, can you send Nette the
resolutions? Yes, of course. I think I did send them earlier, but I will send them again. Yes. And please, this is Julie Hirs. Would you please send those two resolutions after they're signed as soon as you can? We'll file them with the state. Thank you. Okay. No questions
or comments. Um, my video went off again. Lance, um, for the public, did you want to mention, as you did in the planning board, why we're doing this today? Um, this is the deadline. Um, this is,
you know, there's there's I think Tiffany's doing three or four different meetings just today, uh, just to get this finished up for a lot of municipalities. There were delays in finalizing our everyone's numbers and making sure they were right. And as Tiffany talked about briefly, you know,
our numbers went down, so we're we're at a good spot right now um to do this. So, I would say, you know, we're doing it today to make sure that our municipality is protected from these builders remedy lawsuits as I talked about. Um, and to provide, you know, an option for for
those that that that need it to get through, you know, an affordable place to live on our island. So, that's something we certainly want to provide and we can help folks with. Um, probably went into more detail on the planning board, but I think we covered more in this one earlier on. So,
okay. Thank you. Thank you. Um, so no, uh, no comments from the public. Am I Is that correct, James? That's correct. All right. Um, hearing none. Um, can I have a motion to adjurnn? So moved. Second. Lisa, may I have roll call,
please? Commissioner Langrath, yes. Commissioner Mento, yes. Mayor Creos. Yes. Thank you all. Disconnect me. Julie, I just sent you the signed documents with resolution numbers for filing, so you're good to go. Got it. Thank you. I'm off to my next. Thanks,
guys. Good luck. Thank you.