I. State Issues
a. Update on Best Practices Inventory
On Tuesday, League staff met with the Division of Local Government Services Acting Director, Melanie Walter and Legislative and Regulatory Officer, Jason Martucci, to discuss our various concerns with the 2018 Best Practice Inventory (“Inventory”). We were joined by representatives from the New Jersey Municipal Managers Association and the Government Finance Officers Association of New Jersey. We reviewed both the overall form of the Inventory and concerns with many specific questions.
Acting Director Walter explained that the Division was attempting reset the tone of the Inventory; moving away from a punitive checklist to a friendlier document broken-down into three areas - core compliance checklist, best practices, and a survey. The core compliance questions are to ensure that municipalities are in compliance with statutory requirements. The Administration is repurposing the Inventory to gauge where State resources are needed and how the Division can best focus staff attention.
Early next week the Division will be issuing a notice clarifying their intention with this Inventory and providing guidance to municipalities that may be having difficulties reaching a score of 46, needed to preserve their full State property tax relief funding. For more information please see our October 17 blog post.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481, x112.
b. Senate to Vote on Bill Allowing Utilities Control Over Vegetation
Management in ROW
On Monday, October 29, the Senate will vote on S-2505, which would provide public utilities completely unfettered authority to clear, move, cut, or destroy any dangerous vegetation necessary for the supply of electric light, heat, power, or communications, or cable television service. While we appreciate the sponsors’ intentions and response to recent storms, the approach taken by this legislation is unnecessarily broad and overreaching.
S-2505, would give public utilities the authority to manage “dangerous vegetation” without regard for local or statewide vegetation management concerns. The term “dangerous vegetation” is unnecessarily broad. As currently defined within the bill, “dangerous vegetation” would include virtually any vegetation, either on public or private property and gives public utilities sole discretion to determine what meets the criteria of “dangerous vegetation.” The utility is also under no requirement to receive any input from the public before the utility can unilaterally choose to clear, move, cut, and destroy to remove, or replace the vegetation.
In addition, S-2505 specifically exempts public utilities from adhering to the careful planning and management of the Community Forestry Council and local Shade Tree Commissions. The bill would exempt the public utility from any penalty or replacement assessment imposed by a shade tree commission, as a result of damage to a tree if the damage was related to the utility’s vegetation management work.
We ask that you contact your Senator to express opposition to this bill and ask that they vote no during Monday’s voting session. Your representative’s contact information, broken down by municipality, can be found on the State Legislature webpage.
Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njslom.org, 609-695-3481 x137.
c. CY 2019 Municipal Budget Cap Information
The Division of Local Government Services has issued Local Finance Notice 2018-27 regarding the CY 2019 Municipal and County Budget and Cap Information. The notice advises that the for CY 2019 municipal budgets the Cost of Living Adjustment is calculated at 2.5% and the Group Health Insurance cap is 0%. For more please see our recent blog post.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njslom.org, 609-695-3481, x112.
d. Restaurant Liquor Bill Advances
On Monday, the Assembly Appropriations Committee amended and approved A-3494, which would establish two new permits to allow, at the discretion of the municipality, restaurants located in a “restaurant district” to sell alcoholic beverage for on-premises consumption. One permit would allow the sale of beer, wine, and spirits. The second is restricted to beer and wine only.
The bill defines “restaurant district” as one of the following:
1) urban enterprise zone;
2) downtown business improvement zone;
3) pedestrian mall or pedestrian mall improvement;
4) special improvement district;
5) transit oriented development; area determined to be in need of redevelopment;
6) area determined to be in need of rehabilitation; or
7) any area designated by statute following the bill’s enactment to allow a municipality
to adopt a zoning ordinance for the purpose of improvement, development,
redevelopment, rehabilitation, or revitalization.
Municipalities would need to “opt in” by passing an enabling ordinance and would be further able to limit the number of permits. Such permits would only be available for use in connection with restaurants that occupy a gross square footage of between 800 and 4,500. The amendments also carve out Cape May County from the provisions of the bill.
Many of the amendments reflect, including the municipal opt in and the ability to limit the number of permits, concerns raised by local officials and the League. We appreciate the willingness of the sponsor, Assemblyman John Burzichelli to address these issues. A-3494 now stands at 2nd reading in the Assembly and may be scheduled for a floor vote. To date, there is no Senate companion.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njslom.org, 609-695-3481 x121.
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