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December 8, 2005 MINUTES OF THE SPECIAL MEETING OF THE LITTLE SILVER BOROUGH COUNCIL The meeting was called to order and the Statement of Compliance with the Open Public Meetings Act given by Mayor Castleman at "Adequate notice of this meeting has been provided by the mailing of a notice to the Asbury Park Press and The Two River Times, by filing same with the Clerk of the Borough of Little Silver and by prominently posting said notice on the bulletin board of the Borough Hall, all since The salute to the flag was led by Mr. DeNoia and followed by a moment of silence. Roll Call: Present: Mayor Castleman, Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon and Mr. Biehl, Administrator/Clerk Absent: Mr. Galante, Mr. VanWinkle* *Mr. VanWinkle arrived at Mr. Biehl read the following: R E S O L U T I O N WHEREAS, the Planning Board of the Borough of Little Silver, County of Monmouth, State of New Jersey, adopted the Housing Element and Fair Share Plan of the Master Plan on December 6, 2005; and WHEREAS, a true copy of the Resolution of the Planning Board adopting the Housing Element and Fair Share Plan is attached pursuant to N.J.A.C. 5:95-2.2(a)2; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Little Silver, County of Monmouth, State of New Jersey, hereby endorses the Housing Element and Fair Share Plan as adopted by the Borough of Little Silver Planning Board; and BE IT FURTHER RESOLVED that the Governing Body of the Borough of Little Silver, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:95-3.2, submits this petition for substantive certification of the Housing Element and Fair Share Plan to the Council on Affordable Housing for review and certification; and BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan has been included with the petition; and BE IT FURTHER RESOLVED that notice of this petition for substantive certification shall be published in a newspaper of countywide circulation pursuant to N.J.A.C. 5:95-3.5 within seven days of issuance of the notification letter from the Council on Affordable Housing's Executive Director indicating that the submission is complete and that a copy of this resolution, the adopted Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the Borough of Little Silver Municipal Clerk's office located at 480 Prospect Avenue during the hours of 9:00 a.m. – 5 p.m. on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:95-3.5. Motion: Mr. O’Scanlon Second: Mr. Gilmour Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon Negative: None Abstentions: None R E S O L U T I O N WHEREAS, the Governing Body of the Borough of Little Silver, County of Monmouth petitioned the Council of Affordable Housing for substantive certification on December 8, 2005; and WHEREAS, the Borough of Little Silver anticipates receiving approval from COAH of its development fee ordinance; and WHEREAS, N.J.A.C. 5:94-6.2 (c) requires a municipality with an adopted development fee ordinance, payments that have been received in lieu of constructing affordable housing pursuant to the terms of a developer’s agreement and/or funds from the sale of units with extinguished controls to receive approval of a spending plan from COAH prior to spending any of the funds in its housing trust fund; and WHEREAS, N.J.A.C. 5:94-6.5 requires a spending plan to include the following: 1. A projection of revenues anticipated from imposing fees on development, based on actual proposed and approved developments and historic development activity; 2. A description of the administrative mechanism that the municipality will use to collect and distribute revenues; 3. A description of the anticipated use of all development fees, payments in lieu of constructing affordable housing units on site and/or funds from the sale of units with extinguished controls, pursuant to N.J.A.C. 5:94-6.12; 4. A schedule for the expenditure of all development fees, payments in lieu of constructing affordable units on site, and/or funds from the sale of units with extinguished controls; 5. A schedule for the creation of rehabilitation of housing units; 6. A pro-forma statement of the anticipated costs and revenues associated with the development if the municipality envisions being responsible for public sector or non-profit construction of housing; and 7. The manner through which the municipality will address any expected or unexpected shortfall if the anticipated revenues from development fees are not sufficient to implement the plan; and WHEREAS, the Borough of Little Silver has prepared a spending plan consistent with N.J.A.C. 5:94-6.5; NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Little Silver, Motion: Mr. DeNoia Second: Mr. Bitman Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None R E S O L U T I O N WHEREAS, the Governing Body of Borough of Little Silver, County of Monmouth petitioned the Council on Affordable Housing (COAH) for substantive certification on December 8, 2005; and WHEREAS, N.J.A.C. 5:94-6.1 permits a municipality to prepare and submit a development fee ordinance for review and approval by the Council on Affordable Housing that is accompanied by and includes the following: 1. A description of the types of developments that will be subject to fees consistent with N.J.A.C. 5:94-6.8; and 2. A description of the amount and nature of the fees imposed, not to exceed the limits established in N.J.A.C. 5:94-6.6 and 6.7; and WHEREAS, the Borough of Little Silver has prepared a development fee ordinance that is consistent with N.J.A.C. 5:94-6. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Little Silver, Motion: Mr. O’Scanlon Second: Mr. DeNoia Council and Public Discussion: None Roll Call: Affirmative: Mr. Bitman, Mr. DeNoia, Mr. Gilmour, Mr. O’Scanlon, Mr. VanWinkle Negative: None Abstentions: None Mayor Castleman called for a Motion to adjourn: Motion: Mr. O’Scanlon Second: Mr. Gilmour Vote: Voice Vote – Ayes – Unanimous The Special Meeting was adjourned at Michael D. Biehl Administrator/Clerk | |||||||||||||||
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