October 22, 2009

To:     All Marlboro Township Residents

          Re:     COAH Update

Dear Residents:

I took office on January 1, 2008, at a time in which our affordable housing laws—and Marlboro’s plans to comply with them—were in a state of disarray and chaos.  In fact, not long after taking office, Marlboro was presented with the daunting task of planning for the creation of nearly 1,900 affordable housing units.  Since that time, I have worked diligently with my staff, administration and professionals to completely revise, change and improve our strategy to comply with these inadequate and unconscionable laws as well as the outrageous and absurd housing projections that have been handed to Marlboro.  In fact, as required by law, in December of 2008 we submitted a housing plan to COAH (under protest) to satisfy our legal obligations, despite the fact that the laws that we had to comply with had become more and more harsh, irrational, and practically incapable of being satisfied. 

Since the filing of our housing plan ten months ago, there have been many changes, and because of upcoming events, I expect further change.  In fact, I expect—and will demand—change for the better.  In a matter of days New Jersey will elect a governor which, whether incumbent or challenger, will result in a change in the State agency which is responsible for administering our affordable housing laws (COAH).  Both candidates have similarly promised that changes will be made to our affordable housing laws themselves which again, are in dire need of fixing.  Likewise, I am hopeful that recent changes in the makeup of our State Legislature will lead to a more receptive law making body which will consider the many arguments that I have made for change and reform.

Similarly, in just a few weeks the New Jersey Appellate Division will hear arguments relating to the legality of our affordable housing laws which have been the subject of an intense legal challenge ever since they took effect.  A decision is expected sometime in the Spring of next year.

With this in the balance, and so much at stake, I will not sit idly by as the winds of change creep in.  I will continue to wage our fight and challenge—now more than ever—the over-bearing, harsh, oppressive, and outrageous obligations that COAH and our State government have placed upon us.  I also intend to continue to pursue legal arguments that we have made against the unreasonable and outrageous laws that Marlboro must comply with.  I demand positive change and will fight for it.  We will also use this time to continue to explore alternatives that will better suit our entire community. 

I am hopeful, that as a result of all of our efforts, that our laws will become better and that our State leaders have learned that general mandates do little to create appropriate affordable housing in communities with very different needs and resources.  Please be certain that Marlboro will remain vigilant, and alert, while we will continue to fight to protect the township.  We have listened, and will continue to listen, to our professionals and our residents to do the best we can to comply with our obligations under the law.  Be certain, that as our surroundings change, so will our plans, and that my administration has made no deal that can not be modified to better our community. 

I invite you to visit our Township website at www.marlboro-nj.gov and click on the yellow box entitled “Marlboro Township’s COAH Obligation’s Click Here” to read the many letters I have written on this subject and view the short video which sums up my position in dealing with this incredibly important topic.  I have been outspoken as to Marlboro’s position and our vigor to fight this injustice and I do not intend to stop now.  I have personally conveyed my position to our Governor and rest assured, I will continue to send the message until it is received regardless of who is in office.   

There is no future in the past and I will continue to fight and move forward to keep Marlboro in control of its own destiny and to not allow it to be developed at the mercy of builders’ remedy lawsuits as many of my predecessors have allowed to happen.  As always, I remain available for your questions and comments and I invite you to discuss them with me.

Very truly yours,               
                                                 
Jonathan L. Hornik, Mayor