NJLM - September Mayor's Newsline

MAYOR'S NEWSLINE

September 2004

Offices: 407 West State St.
Trenton, New Jersey 08618
609-695-3481 Fax 695-0151
E-Mail mdarcy@njslom.com
www.njslom.com

IMPORTANT EVENTS - PAST AND FUTURE
And staff contacts for more information
Also consult the calendar
For Seminar details, contact David Harkness ext. 18.

Sept. 6	Labor Day
Sept. 8	League Seminar "ABC Update on Liquor License Issues" at Holmdel
Sept. 28	League Seminar "Contractor Business Registration/CAP Law Update" at Freehold
Sept. 29	League Seminar "Brownfield Funding Available to Municipalities" at Jamesburg
Oct. 6	League Seminar "Imaging Records" at Freehold
Oct. 8	League Seminar "Imaging Records" at Cherry Hill
Oct. 14	League Seminar "Labor Relations" at Holmdel

INSIDE THIS ISSUE
	Submit Conference Resolutions
	Conference Pre-Registration Deadline
	Smart Growth-Fast Track Law Information
	Replace Mayors Pins and Decals
	League/DCA Innovation in Governance Awards

FROM THE PRESIDENT
By Jo-Anne Schubert, Mayor, South Bound Brook

COAH Reproses 3rd Round Regulations

On August 16, the Council on Affordable Housing (COAH) re-proposed its "3rd round regulations" beginning a 60-day comment period. COAH remains committed to its "growth share" methodology, an approach the League has long supported. The actually formula, however, has been changed apparently based on updated population figures. The new proposal requires a fair share obligation of 1 "affordable" unit for 8 residential market rate units. Furthermore, for every 25 jobs created through commercial development, there is an obligation of 1 affordable unit.

Another key change of interest to municipalities is a new requirement that municipalities that receive COAH substantive certification will need to receive "initial" plan endorsement from the State Planning Commission (SPC.)

It should be noted that both COAH certification and State Planning certification remain voluntary for municipalities, and once a municipality receives "initial plan endorsement" from the SPC, it is under no more obligation. The League has begun a careful review of the regulations and will submit comments to COAH.

The COAH regulations can be viewed online at www.nj.gov/dca/coah. Additionally, COAH is holding a series of public hearings, and the hearing dates are also available online. The League will be holding a series of workshops to brief local officials on the new regulations. You should be receiving a letter with location and times from the League shortly.

EXECUTIVE BOARD

OFFICERS

JO-ANNE B. SCHUBERT, President;
  Mayor, South Bound Brook
PETER A. CANTU, 1st Vice President
  Mayor, Plainsboro
HERBERT D. STILES, JR., 2nd Vice President
  Mayor, Elmer
DAVID M. DEL VECCHIO, 3rd Vice President
  Mayor, Lambertville

MEMBERS

JAMES ANZALDI
  Mayor, Clifton
WILLIAM W. BAIN, JR.
  Mayor, Deptford
J. CHRISTIAN BOLLWAGE
  Mayor, Elizabeth
JOAN BOAS
  Deputy Mayor, Mount Holly

ROBERT BOWSER
  Mayor, East Orange
THOMAS J. BYRNE III
  Mayor, Spring Lake
LAWRENCE G. CHIARAVALLO
  Mayor, South Belmar
CHUCK CHIARELLO
   Mayor, Buena Vista
DANIEL N. CORANOTO
  Deputy Mayor, Hampton Twp.
SUZANNE C. DAPKINS
   Mayor, Long Hill
JOHN DEAN DERIENZO
   Mayor, Haworth
GENE FEYL
  Mayor, Denville
MALCOLM C. FRASER
  Mayor, Cape May Point
GLEN D. GILMORE
  Mayor, Hamilton Twp. (Mercer)

SHARPE JAMES
  Mayor, Newark (Ex-Officio)
TIMOTHY MCDONOUGH
  Mayor, Hope
GARY PASSANANTE
  Mayor, Somerdale
DOUGLAS M. RAINEAR
   Deputy Mayor, Upper Deerfield
  Twp.
L. HARVEY SMITH
   Acting Mayor, Jersey City
JOSEPH TEMPESTA
  Mayor, West Caldwell
DANIEL VAN PELT
  Mayor, Ocean Twp. (Ocean)
RUDOLPH J. WENZEL, JR.
  Mayor, Washington Twp. (Bergen)

Executive Staff

William G. Dressel, Jr.
Executive Director
Michael J. Darcy, CAE
Assistant Executive Director

CONFERENCE PRE-REGISTRATION DEADLINE
-Contact Marie Johnson ext.13

The League's Annual Conference pre-registration forms were mailed to all Municipal Clerks in early August. The cut-off date for pre-registrations is October 1, 2004. Persons not registered by that date must do so on site in Atlantic City. The forms are available at www.njslom.org.

INNOVATION IN GOVERNANCE AWARDS
-Contact Brian Bauerle, (609) 292-6420

The Department of Community Affairs and the League invite you to submit nominations for the Third Annual Innovation in Governance Awards. Contact the DCA for additional information.

NJ MUNICIPAL MANAGEMENT ASSOCIATION AWARDS
-Contact Christopher Schultz (732) 946-2820

Each year New Jersey Municipal Management Association honors its members for outstanding service to local government. Anyone may nominate a person for awards in five different categories. The awards committee will review the nominations during the League's Annual Conference in November. The awards will be presented during the NJMMA luncheon in December. All nominations and applications must be submitted by November 1, 2004. For additional information and applications, contact the NJMMA awards committee.

NJ INSTITUTE OF LOCAL GOVERNMENT ATTORNEYS NOMINATIONS FOR AWARDS
-Contact Glenn Kienz (973) 403-1100 or fax (973) 781-1495

The New Jersey Institute of Local Government Attorneys is seeking nominations for the "Fred G. Stickel Memorial Award" and the "William F. Cox Award".

The "Fred G. Stickel Memorial Award" was established to honor a member of the New Jersey bar who had demonstrated excellence in public sector law and advanced the interests of municipal law.

The "William F. Cox Award" was established to recognize an attorney or judge whom has distinguished him/herself in the field of land use law.

Contact NJ Institute of Local Government Attorneys for applications to nominate for either award. The awards will be presented during the League' s Conference in November.

SUBMIT LEAGUE CONFERENCE RESOLUTIONS
-Contact Mike Cerra ext.20

The Conference Resolutions Committee will consider resolutions from officials who are currently in municipal office. All resolutions must be general and relate to municipal government interests. Resolutions must be received in the League office by October 22, 2004. Contact the League for more information.

SMART GROWTH-FAST TRACK LAW QUESTION AND ANSWER DISCUSSION
-Contact Mike Cerra ext. 20

Mayors were recently mailed a question and answer discussion on the new smart growth-fast track law and how some of its provisions impact local land use law. Lewis Goldshore, Esq., League environmental counsel prepared the discussion. For access to this information, mayors should go to www.njslom.org and click on smart growth updates.

LEAGUE MAYORS PINS AND DECALS
-Contact Tom Fratticcioli ext. 17

All Mayors receive a special League Mayor pin and decal as they begin their first term. If these items are lost, misplaced or damaged, the League will gladly replace them. The pin and decal signify that your municipality is a member of an organization dedicated to serving the interests of New Jersey's municipal governing bodies. Contact the League and items that need replacement will be rushed to your attention. Show everyone your municipality is a member of the League.

GOVERNOR'S CONFERENCE ON HOUSING AND COMMUNITY DEVELOPMENT
-Contact Mary Miller (609) 278-7403 or mmiller@njhmfa.state.nj.us

Municipal officials are invited to attend James E. McGreevey's Conference on Housing and Community Development on September 28 & 29 at the Atlantic City Convention Center. The event is sponsored by the Department of Community Affairs and the New Jersey Housing & Mortgage Finance Agency and will focus on the Governor's Smart Growth initiative and its impact on housing. Officials will discover innovations in planning, development and be able to share ideas and network with other professionals in the housing industry during many education workshops. For more details about the conference, contact Mary Miller at the New Jersey Housing & Mortgage Finance Agency.

Update: New Jersey State Occupancy Fee and Municipal Occupancy Tax

Legislation enacted in 2003 imposed a State Occupancy Fee and authorized the imposition of a Municipal Occupancy Tax on charges for the rental of a room in a hotel, motel or similar facility. Between August 1, 2003 and June 30, 2004, hotels, motels and similar facilities have collected the State Occupancy Fee at the rate of 7% and in those municipalities that enacted a local ordinance, the Municipal Occupancy Tax has been collected at the rate of 1%, for a total of 8% (in addition to the 6% sales tax).

As of July 14, 2004, 140 municipalities had authorized a Municipal Occupancy Tax and approximately $5 million in Municipal Occupancy Tax was collected by the Division of Taxation and distributed to the municipalities. The Division publishes a monthly schedule of the municipal occupancy tax distribution, which is available at the website referenced below.

Effective July 1, 2004, the State Occupancy Fee rate decreased from 7% to 5%. At the same time, the law allowed for an increase in the Municipal Occupancy Tax rate up to a rate of 3%, at the municipality's option and pursuant to municipal ordinance. The majority of the municipalities that authorized a Municipal Occupancy Tax also authorized the tax rate to increase to the maximum 3% as of July 1, 2004. Five municipalities have authorized a Municipal Occupancy Tax rate of 2%. There are no municipalities with a Municipal Occupancy Tax rate that remained at 1%.

To summarize, for occupancies on and after Thursday, July 1, 2004, the following rates are in effect:

Hotels in the municipalities that HAVE NOT enacted a Municipal Occupancy Tax (other than those prohibited by law from enacting such, see below): 5% State Occupancy Fee; 6% State Sales Tax;
Hotels in the municipalities that HAVE enacted a Municipal Occupancy Tax: 5% State Occupancy Fee, 2% OR 3% Municipal Occupancy Tax; 6% State Sales Tax;
Hotels in the municipalities that are prohibited by law from enacting a Municipal Occupancy Tax (these rates remain the same as they were pre-July 1, 2004):
Atlantic City- 1% State Occupancy Fee; 3% State Sales Tax; 9% Luxury Tax;
Newark and Jersey City- 1% State Occupancy Fee; 6% State Sales Tax; 6% Local Hotel Tax;
Wildwood, North Wildwood, Wildwood Crest- 3.15% State Occupancy Fee; 6% State Sales Tax; 2% Cape May Tourism Tax; 1.85% Tourism Assessment

Receipts from hotel occupancies are also reported for New Jersey Sales Tax purposes, which is distinct from the State Occupancy Fee and Municipal Occupancy Tax. In addition to the HM-100 return, it is very important that a facility file the appropriate sales & use tax return and report and remit the 6% sales tax separately from the Occupancy Fee/Tax. Depending upon a facility's location, one or more of the following sales tax returns is applicable:
ST-50 (general Quarterly Sales Tax Return), ST-250 (Atlantic City); ST-350 (the Wildwoods);
ST-450 (Salem County); UZ-50 (Urban Enterprise Zone)

Additional information concerning the State Occupancy Fee and the Municipal Occupancy Tax is available on the Division's website at: http://www.state.nj.us/treasury/taxation/hotelfeeinfo.htm
A complete list of the municipalities that have enacted the Municipal Occupancy Tax is available at: http://www.state.nj.us/treasury/taxation/munitaxlist.htm

NEW JERSEY HISTORIC PLAN IS COMPLETE AND AVAILABLE

New Jersey Partners for Preservation: A Blueprint for Building Historic Preservation into New Jersey's Future 2002 - 2007, also referred to as the New Jersey Historic Preservation Plan, has been completed and approved by the National Park Service.

The New Jersey Historic Preservation Office, Preservation New Jersey, and a host of advisors have worked diligently to complete this plan, which is intended to guide not only the New Jersey Historic Preservation Office in the Department of Environmental Protection, but also provide direction to state, county, and local government agencies and to private organizations and individuals in their efforts to protect and to preserve New Jersey's rich and diverse history. Faced with many challenges in our efforts to preserve the state's environment, this plan, in conjunction with the New Jersey State Plan and smart growth principles, will enhance our efforts to preserve New Jersey's important historic and archeological resources and to promote livable communities throughout the Garden State.

For a copy of this plan, contact the New Jersey Historic Preservation Office at 609-984-0545; by mail at PO Box 404, Trenton, NJ 08625; or visit www.state.nj.us/dep/hpo.