April 10, 2020
I. State Issues
II. Federal Issue
III. Annual League Conference
IV. Also of Interest
Municipal Clerks: Please forward to your Mayor, Governing Body and Department Heads.
To assist in providing guidance and information we have created a COVID-19 resource page. We will continue to update the page as we get pertinent information and include announcements in our Daily Updates.
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I. State Issues
a. COVID-19 Update: Governor Issues Executive Orders
On Tuesday, April 7, Governor Murphy issued four new Executive Orders.
These Orders, which are reviewed in our recent Town Crier blog, are:
Executive Order 116, which regards school districts that hold May elections, extending the deadline for municipal review of a defeated school district budget, and certification of the tax levy to the county board of taxation. The Order also: extends the terms of office for current school board members; adjusts the terms of office for members elected on May 12; and adjusts the time frames concerning notification of non-tenured teaching staff about continued employment for the next school year, and employee acceptance of an offer of continuing employment.
Executive Order 117, which waives testing requirements for Eighth and 12th Grade students, waives graduation assessment requirements for those scheduled to graduate this year, and waives evaluation requirements for non-tenured teaching staff, for this school year.
Executive Order 118, which mandates the closure of all State and county parks. Decisions regarding the use of Municipal Parks remain under local control, so long as they remain in compliance with all other State public health restrictions.
Executive Order 119, which extends the Governor’s original declaration of the existence of a Public Health Emergency, throughout the State.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121.
Then on Wednesday April 8 Governor Murphy issued three new Executive Orders aimed at addressing the fallout out from the COVID-19 outbreak and efforts to “flatten the curve.” These three Executive Orders include:
Executive Order No. 120 which postpones the June 2, 2020 primary election to July 7, 2020 and makes changes to certain primary election related deadlines;
Executive Order No. 121 which allows greater weight limits for vehicles carrying COVID-19 relief supplies on certain State and Interstate roads; and
Executive Order No. 122 which eases all non-essential construction projects and imposes additional mitigation requirements on essential retail businesses and industries to limit the spread of COVID-19.
For more information on these Executive Orders please see the League recent blog post.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
b. DLGS Issue Guidance on FEMA Public Assistance Program
Division of Local Government Service has issued Local Finance Notice 2020-02 regarding notice of reimbursement funding availability FEMA Public Assistance Program COVID-19 Pandemic. In response to a recent request by Governor Murphy, President Trump has upgraded New Jersey’s Emergency Declaration to a Major Disaster. As result the following FEMA categories are now available: Public Assistance (PA) – Category B: Emergency Protective Measures; Individual Assistance –Crisis Counseling Program (CCP); and Hazard Mitigation Grant Program (HMGP) –Not Yet Determined. We suggest you review the Local Finance Notice and procedures with your Chief Financial Officer, Emergency Manager, and Administrator.
Contact: Lori Buckelew, Sr. Legislative Analyst, lbuckelew@njlm.org, 609-695-3481 x137.
c. Responding to League Petition, DCA Proposes Rule Changes to Uniform Construction Code
This week, the Department of Community Affairs (DCA) issued a notice of proposed rulemaking, seeking to amend portions of the Ordinary Maintenance and Minor Work provisions of the Uniform Construction Code (UCC). This action comes as part of the response to a Petition for Rulemaking that the League and NJ’s six professional code enforcement associations sent to the DCA in June of 2019.
The proposed rulemaking addresses a host of the numerous concerns that were outlined in the June 2019 Petition for Rulemaking. These include, among others, amendments that would state that opening protectives, such as fire doors and windows, in fire-resistance rated assemblies would not be considered ordinary maintenance; clarification that only non-loadbearing partitions and railings can be repaired and replaced as ordinary maintenance; and, restoration of permit requirements for replacement of kitchen range hoods and bathroom exhaust fans that vent to internal shared, building shafts. For a full list of the proposed amendments please see the DCA’s notice of proposed rulemaking.
Each of these proposed amendments is necessary to ensure the safety and welfare of our residents and communities. While these amendments address many of the concerns expressed in the League’s petition other issues that were raised continue to be reviewed. We would like to thank the DCA for taking this action to help address these important concerns.
Written comments on these proposed rule changes are due June 5, 2020. Please see the notice of proposed rulemaking for further information on how to submit comments. We at the League will be working with other stakeholders to further review the proposed rule changes and will be submitting comments accordingly. If you plan to submit comments individually we ask that you please also send a copy to the League.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
II. Federal Issue
a. Congress Considers Aid to Hard-Pressed Local Governments
New Jersey’s Tom Malinowski, along with three colleagues, has introduced H.R. 6467, the ‘Coronavirus Community Relief Act’ (CCRA). This bill will allocate $250 Billion in emergency funding to communities with populations under 500,000. Those communities, which include every New Jersey municipality, were excluded from direct stabilization aid in the ‘Coronavirus Aid, Relief, and Economic Security Act’ (the CARES Act).
New Jersey Representatives Josh Gottheimer, Mikie Sherrill, and Albio Sires have joined as cosponsors.
The bill would divide the $250 Billion among the States, based on each State’s share of total National population. It would, then, subdivide each State’s share among all units of local government, also proportionally, based on population. Any funds that cannot be used, for the purposes set forth in the act by an individual local government, could be transferred to another local government.
The CCRA funding could be used to address extraordinary local costs, incurred in response to COVID-19. These costs would include deploying timely public service announcements to keep your citizens informed, rapidly activating emergency operations, readying employees for telework to keep services running, and more.
Please reach out to Senators Menendez and Booker and to your House delegate, expressing your support for the Coronavirus Community Relief Act.
Contact: Jon Moran, Senior Legislative Analyst, jmoran@njlm.org, 609-695-3481 x121.
III. Annual League Conference
a. Claim Your CEUs from the 2019 League Conference
Attention Municipal Officials! Do Not Forget to Claim Your CEUs from the 2019 NJLM Annual Conference! Visit the Conference Tracking page to claim your credits.
IV. Also of Interest
a. Earn CEU Credits from Home with NJLM Webinars
Preventing Sexual Harassment in Your Municipal Workplace Webinar
Friday, April 17, 2020
11:00 a.m. - 12:15 p.m.
Location: Your Computer
CEUs: CMFO/CCFO-1.5 Eth;CTC-1.5 Eth;CPWM-1.5 Eth;RMC-1.5 Eth;QPA-1.5 Eth;NJCLE-1.5 Eth; RPPO/RPPS-1.0 Eth; Planning/Zoning Board Secretary-1.0 Admin; Zoning Officier-1.0 Admin; Land Use Administrator-1.0 Admin
Event Details for April 17 Preventing Sexual Harassment Webinar
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