Borough Council - Regular Meeting

Yep. 20 seconds. [clears throat] [snorts]

You guys live? Good. Okay. This meeting is called to order in accordance with the open public meetings law. In accordance with chapter 231 of the public laws of 1975, adequate notice of this meeting has been provided. This meeting of March 2nd, 2026 was published in the Courier News and Star Ledger and placed on the Burough's website and bulletin board at Burough Hall. A copy of this notice is available to the public and a copy of this statement shall be included in the minutes of this meeting. Mayor Brian Gallagher here. Council members Terresa Bonner here. Andrew Kiy here. Glen Deny here. Randy Pittz here. Gina Stravik here. Roger Verm here.

Please stand for the salute to the flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. Motion for approval of the minutes of February 2nd. So moved. Second. Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrew Kiy. Yes. Glen Zeny, yes. Randy Pitts, abstain. Gina Stravik, yes. Roger Verm, yes. All right. Motion for approval of the minutes of February 17. So moved. Second. Discussion. Roll call. Council members. Theresa Bonner, abstain. Andrew Ki, yes. Glen Deny, yes. Randy Pitts, abstain. Gina Stravik, yes. Roger Verm, yes.

Okay. Departmental reports. Again, uh I will continue these through the dates noted. Effective April 1, 2026, garbage bags of solid waste are no longer allowed to be placed on curb for pickup without being placed in an appropriate [snorts] garbage receptacle. We are uh about to uh to award a new garbage contract and it will be going to the uh for lack of a better term, the arm that uh that takes the garbage can and brings it up into uh into the truck itself. And uh um this is the manner in which most garbage contracts are going uh around the state. Uh it uh it's an attempt to save some money. Um it reduces the manpower needed to uh to collect garbage every week. Uh second, election district number three is moved from Somerville High School on Davenport Street to West End Hose at 135 West High Street. And election district number eight is moved from Lincoln Hose on Warren Street to the Somerville Civic Center at 24 Robersonson Street, which is right here. Uh committee reports. Let's go with Andrew. Uh historic advisory committee met uh back Oh jeez. On the 19th, uh we discussed uh the upcoming well we at the time it was an upcoming tour of the police department which was this past weekend. We saw the uh display they set up for um the history of our local police department. So, if you ever have the opportunity to see that, it's great. Um we also discussed uh potential redevelopment of historical properties and uh on the west end of of Main Street. Uh and the Dutch Dutch parsonage programming which is coming up for all the 250th. Um there's a five generals tour that took place recently that was great. And coming up soon are a whole bunch of other events for the 250th, including a few through the Somerset Hills Historical Society. So, I encourage those to look into it if you're interested, including one on the 8th at the Brick Academy. Uh we meet

again later this month and uh look forward to more 250th activities. Thank you. Awesome. Thank you, Gina. March 18th is the board of health meeting. If you have any health concerns, uh do attend 6 PM at uh Warren Street uh county uh building. Um the Somerville rescue squad um responded to 132 calls uh this uh past month, February. Um they uh had 90 transports in that. So they did a lot of work. Uh also I'll remind you again I'll be serving pancakes on March 7th. I hope to see you all there uh for the Somerville Rescue Squad Auxiliaries uh pancake fundraiser. Um the proceeds will benefit the squad equipment fund. So um uh it's only $15. Um so I hope to see you there.

Great. Thank you, Glenn. Thank you, Mayor. Uh, the Environmental Commission will meet next Tuesday, March 10th at 7 PM right here. So, I will have more to update at the next meeting. Great. Thank you. Thank you, Teresa.

That was quick. Um, so the DSA will be meeting uh this next Monday um at 6 PM at uh at their normal location. The office is at 50 Division Street. Um and those are open to the public. Uh interest remains strong for the Candlelight concerts and every concert so far has been sold out. They've added five more dates in April, May, and September. Each performance seats 450 people and there's two performances per day. Assuming sales stay strong by the end of the year. This will bring 10,000 new visitors to town. You can visit downtownsomerville.org to stay up to date with all the events happening in town. Uh the DSA hosted representatives from Main Street America and Main Street New Jersey in February. They spoke positively about our initiatives and noted that Somerville serves as as an example to other downtowns across the state. The 250th anniversary. Uh the DSA uh will be taking part in a 4-dayate history on tap series that will take place at three participating downtown restaurants in collaboration with Wallace House and Old Dutch Parsonage. Uh let's see, they'll also be working with Somerset County on history on the green program. Uh there will be 15 commemorative banners uh installed downtown after St. Patrick's Day parade. Um, talking about the 250th, the refurbished benches from Main Street will be back out um on Main Street by the 13th of this month in time for St. Patrick's Day parade. And then, let's see, for the public library in the next two weeks, there will be a program for all ages at the Somerville Public Library, from story time and children's art club to adult chess club and learning all there is to

know about cheesemaking. Um, so to to register for any of these events, go to seclsnj.org. And then for the public safety committee, uh, they met on February 19th to discuss the need for repainting of faded crosswalks around town due to the snow this winter. uh working with the Somerville police and schools to educate Somerville residents about the new ebike laws that were passed by the former governor before he left office and the designation of a pedestrian safety zone in downtown Somerville. The committee was thankful to have officer Chudy and officer Miller attend the monthly meeting to add their expertise and input. That's all.

Okay, great. Thank you, Randy.

Thank you, Mayor. I have an update from our Somerville PD speaking of the ebike law. Uh due to a significant increase in crashes involving electric bikes, ebikes, new legislation was adopted to address safety and enforcement concerns. The bill was approved on December 4th, 2025 and took full effect January 19th, 2026. What changed? All ebikes are now classified as motorized bicycles under New Jersey law. All motorcycleized bike bicycle operators must hold a valid driver's license, be at least 15 years of age, and possess a DMV issued license for motorized bike use, carry valid insurance coverage, register their motorized bicycle with the DMV, and comply with all applicable title 39 laws. That's all I have.

Okay, great. Thank you. Roger.

All right. Somerville Recreation is accepting registrations for the following spring programs. The youth programs uh for children that reside in or attend school in Somerville, league soccer for students in grades 1 through 8. The deadline is March 8th. Uh please register your child even if a wait list exists so that we can maximize participation. NJ Santos FC Rush Soccer Clinic and Games ages four through seven uh will be on Saturday mornings in April and May. Adult programs. New females interested in playing uh in the Carol Pager Women's Softball League on Thursday nights at Torpy Field can now register as a sub. Team managers will contact you as needed. You'll be eligible to play for more than one team. Play begins in early April and it's open to non-residents. Uh males that are interested in being drafted as a free agent in either men's softball leagues should send an email to kathyrville.org. to potentially uh be placed on a roster. Additional softball information can be found at leaguelineup.comward slomer recreation. Some additional programs registration for these programs are delayed due to the renovation of the pickleball courts. Um but information will be provided as soon as the uh construction resumes due to the little bit of snow that we've had this year. Uh which would be youth tennis, adult pickle ball, and senior pickle ball. Registrations are accepted in person, by mail, or electronically at register. Community.netsummerville under our spring programs. And then of course, please follow us on all social media for the latest and greatest information. Um and uh that's it. It's all I got.

All right. Thank you. Awesome. Um we have two proclamations on the agenda tonight. Uh one proclamation is ReadAcross America, which this year is known as Champion Kindness. Um Kevin, if you can get that over to Vander School, I think it's appropriate. Uh and perhaps a copy over to uh uh Immaculate Conception School as well. All right. Uh and then uh as we do every year, it is Irish American Heritage Month, uh March 2026, and I'm gratified to see that we have three O'Neals and a McCormack in the audience tonight. Um it's uh again, if we can get this over to the Hiburnians, uh that would be great. Thank you. All right, we have uh two items. We have a walk-on for the CDBG. That's the community development block grant discussion. Uh these must be uh uh opened up for the public to make any comment that they wish to. We have two applications that are going in. The first application is for zoo fall. uh that's here in Somerville on Fifth Street for roof replacement and the burrow of Somerville for the resurfacing of Hamilton Street along with uh some ancillary improvements for drainage basins and curbs and and the like. So, uh public uh comment on the CDBG applications is now open. Hearing no public comment, I'll close and uh Kevin, you will forward those uh uh that that that notification appropriately.

I I'll Yes, absolutely.

Okay. Thank you. All right. Number nine, we have a presentation from uh Jason JP O'Neal. He's out of Troop 83 and he's looking to do a project uh I'm assuming for your Eagle Scout. So, come on up. I'd like to thank all the council members for their time tonight. I know it's very important to me, so thank you for coming out. My name is Jason JP O'Neal. I've had the privilege to live in Somerville for 16 years, and I would like to pass out my presentation to you all if that's okay. Thank you. Thank you. Thank you. So this project is for my Eagle Scout project, which I had a lot of time to think about, fortunately for my age. So So I decided that I wanted to do the World War II memorial uh by the Y across from the YMCA where that park is where you guys just added a new park. my understanding. And as you see in the second slide, this is the current condition of the memorial as it is. There's some discoloration on the memorial. The plaque is oxidized and the American flag pole is stripping of paint and the flag seems to be a little faded.

My plan for my plan is to beautify the park. add put some elbow grease in, make it all sparkly again and clean. So, my plan is to clean up the park, remove any debris or weed as, you know, the snow melts, spring is coming, all types of plants are growing. I'm sure there will be some weeds going growing through the crevices of the pavers. My second plan is to remove discolorations and oxidation to the plaque. I've been looking up chemical solutions. Hopefully that that'll erase the green from it and turn it back into its original state. My plan to clean the memorial stone is to pressure wash it. You know, clean it up, add some soap, get all that gunk off of it, and remove peeling paint from the flagpole. And I would like to apply a galvanized coating spray to give it a nice matte gray finish. I would like to add some mulch around the flag pole. Give it make it pop, give it some more color along the memorial stone and the cobblestone path. I would like to add some mulch. I would I would like to construct and install wooden plank benches on both sides of the path leading up to the memorial. On the next slide, you can see those bench designs which I chose out. Hopefully, I attend uh VOTE for plumbing, the Somerset County VOTE. I'm right next to the carpentry teacher. I'm sure I've left a good impression on him. So, I hope he will be fortunate enough

Excellent. That's the way to do it.

fortunate enough to help me build them along with his students. I would like to plant perennial flowers that last all year along the path and around the flagpole just to make it pop, you know, make people look at it and say, "Wow." You know, I talked to a lot of people. Some people don't even realize it's there because it's, you know, doesn't really pop like it used to, unfortunately. Then I would love to add plant shrubbery on both sides of the memorial stone. And then I would like to replace the rope and pulley system on the flag pole along with the American flag. And finally, I'd love to install a solar flag pole light to make sure that that the the flag is shining all night. And on the last slide, thanks to the help of uh AI and chat GBT, I I was thankful enough that they put together a good picture of what I hope for the park to look like in the future.

I love it. Thank you. Any questions?

Well, I I'll comment. Um some years back um I led a group that renovated that same area. We put red and white aelia bushes next to the monument. We planted red, white and blue flowers. Uh we didn't clean the stone or anything like that, but we did plantings. Um DPW uh was not successful in m successful in maintaining it. In fact, they cut everything down. Um so we're going to have to be careful about coordinating that with them and um and and come to common ground on how that's going to be taken care of. Also sustainabilitywise then are you expecting then the volunteers of the environmental commission and the D and paid staff of DBW to take care of this or how is this going to be sustainable in in terms of is is your troop going to maintain it years coming or you hanging around um and doing this on after your plumbing jobs or how is it going to be sustainable? Um, so usually just like with my brother's project, the troop will once in a while do a clean up around it, make sure it's sustained, everything's still good. Hopefully I plan to live in Somerville for a while, stick around, and I will do everything I can to make sure it's up to date.

Thanks, GP. No problem. Awesome. Other comments? I just have a comment. I mean, that's it's an amazing project you've put together. It's a lot of work. So, are you going to have people helping you do it? Do you have a little team put together? I Yes. I plan to use the scouts at in my troop. I plan to have my friends from school along with sports activities I'm a part of to help come out hopefully. Yeah. But I'm sure I will have enough. Will you do a little fundraising somehow to get the money to for the plants and the the wood and things like that? Yes. I plan to put up a gofundme. Oh, okay. Spread it across everywhere. All right. Thank you. Of course.

Any other comments? So, JP, I think it's a fantastic project. Um,

you're right. It's one of those monuments that's there. It just needs to be framed so that people can see it because right now it just kind of blends into the background. It doesn't it's you just it just kind of fades away. So, I think what you've done is phenomenal. Um, I I love the fact that well, two things. one that the scouts uh whether it's the Boy Scouts or the Girl Scouts, the Scouts are um very attuned to what is important in this community. And uh and I think you've hit on something uh uh warranted. Uh you know, as our veterans got older, we used to stop there uh on our march on Memorial Day, but as our veterans got older, we actually didn't go there because it was too far for them to march anymore. So, you're bringing a lot of um credence to this monument. I think that's that's a really nice thing to do.

Thank you. Um and I think it's wonderful that that you and [snorts] your brother have taken or well your brother's taken an older monument and rehabbed it and you're about to do the same thing. And I think that's fantastic. And your brother used the word spicy and you used the word sparkly. So you you you succeeded. That's [laughter] um and the only thing I would say is uh just you know work with our DPW. uh they will help out. Uh there's a couple of uh gentlemen down there that'll be able to give you some help, guidance, advice, and materials as well. Thank you. So, good job. Thank you. Thanks. Thank you for your time. Oh, one more thing. Yeah.

So, my plan is to start this project by middle of May and be done by I mean, I'm sorry, April. Middle of April, be done by May. So hopefully by the time the parade rolls around, maybe you guys could pass in front of it. Hopefully that would be wonderful. I would love that. Awesome. Good stuff. Thank you. Oh, um I also have a signature from someone to sign on my Eagle workbook. Bring it up here. [laughter] We'll take care of that for you right now.

Do we need to approve it? Yeah. [laughter] Congrats. Good job. Let us know too when you're going to have your workday so we can come out and support you. Of course.

All right. Um, at this point I will ask for a motion to open the meeting to the public. So moved. Second. Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrew Kiy. Yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Vern, yes. All right. Uh, meeting is open to the public. Please state your name and address for the records and please address your comments to me. If you have comments regarding the ordinances that are up, please hold your comments until uh that time uh for the public comment period for the ordinances.

How you doing, mayor and committee? My name is Elizabeth Sanchez and I live at 703 Bermuda Drive, Branchburg, New Jersey. And the reason why I'm here is just to find out more about the affordable housing that's going to be built in Somerville. The time is going to how long it's going to take, when you're going to start, how many units it's going to be, you know, um would the people that lived in Someville all their lives, will they have a chance to be the first to get an affordable housing in Somerville because they scattered us all over. Okay. So, is there anyone that could tell me when they're going to start?

Yeah, it's a public comment period, so you can make those comments and then at the tail end once I close public, I will address some of those issues. Okay. Thank you very much. Thank you. Thank you, ma'am. Any other public comment hearing? None. I'll ask for a motion to close. So moved. Second. Discussion. Roll call. Council members Terresa Bonner. Yes. Andrew Ky. Yes. Glen Deny. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Ferm. Yes.

So, thank you, ma'am, for coming. And I know you've been at previous meetings as well. Um, what I will tell you is we're about to have a presentation uh prior to the uh adoption of two ordinances regarding our fair share housing. And uh I think a lot of those questions may be answered during that presentation. So, if you just sit tight, um that that presentation will go on in a few minutes. Thank you. All right. Um we do have one walk-on ordinance introduction. Uh this will be an introduction by title. It's ordinance number 2788 and it's amending chapter 102-18 entitled off- streetet parking and loading requirements section F entitled driveways. Um, I will ask for uh I'll allow a public comment period at this point as I normally do. Hearing none, I'll close the public comment and I will ask for a motion for introduction.

So moved. Second. Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrew Kiy. Yes. Glen Deny. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Verm. Yes.

Okay. Ordinances for public hearing and adoption. Uh, ordinance number 2780 is amending the redevelopment plan for the East Central Business District redevelopment area pursuant to NJSA4A 12A-1. Um, this is a um an amendment to the existing uh redevelopment plan that qualifies um some of the items that the planning board and this council have discussed regarding building height. It reduces the building height by a floor. Um it uh it amends some of the street tree requirements. It delineates a little bit more um clearly how uh how large the or how wide the sidewalk is. So these are items that we've covered in the past under this this uh amendment. So um I will ask for a motion to open the public hearing.

So moved. Second. Discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Ki. Yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Verum, yes. All right, public hearing is now open. Hearing none, I'll ask for a motion to close the public hearing. So moved. Second discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Ky, yes. Glen, yes. Randy Pittz, yes. Gina Stravik, yes. Roger Firm, yes. Good. Uh, motion for adoption, please. So moved. Second. Discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Ky, yes. Yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Verm, yes.

Okay. 2785 is an ordinance to exceed the 2026 municipal budget appropriation limits and to establish a cap bank. Kevin, can you give us a brief overview? Sure. This this allows us to utilize the bank of what we previously didn't use. It allows us to um, for lack of a better word, increase the the amount of funds that we're able to use this year. Okay. From the prior year's bank. Okay. Uh ask for a motion to open the public hearing. So moved. Second. Discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Kiy. Yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Fer, yes. All right. Public hearing is now open. Hearing none, I'll ask for a motion to close the public hearing. So moved. Second.

Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrea Kiy. Yes. Glen Deny. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Verm. Yes. All right. A motion for adoption, please. So moved. Second. Discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Kiy. Yes. Glen Deny. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Fur. Yes.

Okay. 2786 and 2787. Um they are related. So what I'm going to do the let me back up a second. Um we have been working on a uh fair share housing plan for over a year now. And uh it's it's a long time coming and uh this is a plan that uh uh planning board helped to develop that the council helped to develop and it really is uh I think a uh a plan that was built completely for Somerville and uh it's it's I think Andrew said it at the last meeting. It's groundbreaking for Somerville. Um, what I've asked is our professionals to come up and kind of give a an overview of what the uh uh these two ordinances uh are uh and and what they're intended to do. Uh so we have Chris Zangara, our redevelopment council and our affordable housing council as well, Colin Driver, economic development, and Mike Cole, our planner. Uh these three gentlemen have been tirelessly working uh on this plan and its ancillary elements uh for a long long time. Um and uh I want to first commend them for for the work that they've done and then ask you to come on up and uh and and fill us in on what these two ordinances mean, do, and say. And just make sure your microphones are both on the other one as well. Just so we have Yeah.

Hello council. Good to be back. Uh Christopher Zaro of Reo and Coffmanello uh your affordable housing council as uh we also represent you in the redevelopment uh context. So we've uh been before you several times now. Uh it's hard to believe it's uh been over a year. We began this process in January 2025. Just to remind ourselves, an amended bill was an amendment to the Fair Housing Act was adopted um excuse me, was signed into law which set out a process for the fourth round of affordable housing obligations. This is for the period beginning 2025 running until 2035. In January 2025, the bureau submitted a adopted a resolution that said that it would be participating in what's known as the affordable housing dispute resolution program, a mediation forum to try to review plans. Well, first to determine what your fair share obligation is for the fourth round. Review your plan for the compliance stage where you're beginning to now put this plan into place. In June 2025, you put into place or you adopted, excuse me, the planning board adopted and this council ratified a housing element and fair share plan for the fourth round and to answer or to get at least to one question that was just brought up by me a member of the public. What is the timeline for developing affordable housing in Somerville? And what's very interesting or very neat about the plan is that there are some municipalities in New Jersey that had to adopt what are called mandatory um set aides throughout the entire municipality. Burough was not one of those municipalities. Nonetheless, one instrumental part of the plan is a 20% set aside which means that any developer uh coming be coming into town that want to develop a property over five units well they have to meet an affordable housing set aside which means they have to provide opportunity for an affordable unit. So that is a mechanism by which over the next coming 10 years it could be as

early as next week two two weeks from now two months from now an application that comes in there needs to be a it needs to be identified how are you going to provide afford u affordable housing for the community that's one major element of the plan uh pursuant to the amended law we began a process of working through the program to review our plan there were two challengers to that plan fair housing center which frankly challenged most municipalities ities across the state um in order to keep an eye on the plans. And there was a uh developer uh excuse me, an owner of property that also challenged the plan. Uh throughout the course of the winter, your professionals worked on a way of settling uh that uh program dispute so that you could have a plan that's presented back to the planning board, brought before this council, and adopted before March 15th. That's a statutory deadline in which all three of us and planners and attorneys can finally rest from this year and a half process. Um what you also is what's also required of a bureau is not only to adopt your amended housing element and fair share plan but to imp enact all the implementing ordinances necessary to make the opportunity to to make the mechanisms in that plan a possibility. So that's what we're here for tonight. your in December 2025, you approved a settlement agreement with Fairshare Housing Center that modified slightly tweaked your affordable housing plan, maintained the set aside and adjusted two of its uh projects, new projects uh that would provide affordable housing in the next 10 year round. That's that structure that you approved as a council was then placed into an amendment to your housing element and fair share plan. So you have to officially modify your plan and that was uh approved by your planning board at the end of last month. So one of the

items before you today is a resolution that ratifies that amended housing element and fair share plan. That's item number one. That's a resolution. Uh item number two is an affordable housing ordinance. So in December 2025, uh the DCA and the HMFA modified um state regulations controlling affordable housing, a lot of elements. It's a very um comprehensive set of regulations. Things such as the obligation of developers to match finishes, exterior finishes, the obligation to phase units so that as affordable units as market rate units are built, developers have to build affordable housing in a phased uh approach so that affordable housings are built, affordable units are built while the market rates units are built. There's a lot in the regulations. municipalities throughout the state needed to adopt local regulations that mirror those state regulations. And so that's what your uh affordable housing ordinance that's before you for second reading does. That's the second item tonight. Uh the third item is a ordinance that was introduced in February. It's uh a zoning ordinance for the Bell Avenue mechanism in your plan. This is a project that's going to generate affordable housing that um we have worked with the developer to craft a zoning ordinance that makes possible that that project. Uh that is now before you for second reading. Um on that I will note that there is an outstanding item that's being discussed with the developer uh concerning the number of three-bedroom market rate units that need to be provided. Uh for that reason we have held back the fourth item which is a resolution approving the settlement agreement. anticipate there might be some comments tonight. What's important tonight is we are putting into place the zoning to make possible the project and uh to make sure that we have a plan

ready to go by March 15th for submission to the courts. What do we what comes next? Well, the courts will review our plan, ensure that we're in compliance and issue a compliance certification that gives you protection for the next 10 years of affordable housing um next 10 year compliance cycle. Um, ultimately, uh, what's really exciting, as I said, is you have a mandatory set aside now that's in place that will capture affordables going forward.

Awesome. Thank you. I think that was very concise. Mr. Cole, if you would um just kind of an overview of what the overlay uh means um in terms of, you know, the resident uh had asked the question, you know, when when does construction begin? Can you talk a little bit about that? You know, the difference the different elements in the plan that talk about rental versus um purchase versus rehabilitation. Can you just kind of give that overview?

Yeah, what the ordinance does is development fee ordinance which was previously adopted but this tweaks it to what Christopher was talking about the model ordinance that came from DCA and then you have the overlay otherwise known as the inclusionary ordinance which speaks to uh the bureau did not choose to create affordable housing zone and have all affordable housing. It it chose to spread it out throughout the municipality in an inclusionary form is what the fair share plan shows. uh which means that whatever development is coming to the burrow whatever zone that is it has to comply with affordable housing which uh doesn't use doesn't cherrypick it spreads it out and uh well crystal ball at least mine is typically broken a lot so you think you know what a development is but you don't know ultimately it's going to be what it's going to be so this ordinance captures all that and it's 20% market rate for for sale and 15% for rentals. And there's some exemptions in there on development fee for one and two families for additions and rehab and doing small scale. The development fee ordinance which is a percentage for developments which does not have uh less than five units of of residential units. That's captured in a percentage of the equalized assess value which is just a way of saying There's a there's a kitty. The money goes into the kitty for the burrow to do rehab projects and affordable housing.

So, it's a very comprehensive plan. Yeah, it it covers the whole burrow. Uh, no one is excluded. Every parcel in the burrow is is is obligated by these mechanisms. So, whatever of whatever development comes to the burrow, it will be captured with these ordinances.

Okay. I think that was a good comprehensive uh assessment of it. Uh and I appreciate that. So we'll we'll take these one by one. I'll just ask you to stay there. Um uh ordinance number 2786 is amending chapter 102-95 article 11 entitled zoning creating subsection H entitled affordable housing. I'll ask for a motion for to open the public hearing. So moved. Second. Discussion. Roll call. Council members Theresa Bonner, yes. Andrew Kiy, yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Verm, yes. Okay. Public hearing on 2786 is now open.

Hearing none, I'll ask for a motion to close. So moved. Second. Discussion. Roll call. Council members, Terresa Bonner, yes. Andrew Ki, yes. Glen, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Verm, yes. Okay. Motion to adopt 2786. So moved. Second. Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrew Ki. Yes. Glendon. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Verm. Yes.

Okay. 2787 is amending chapter 102 entitled land use and development article 11 zoning to create the affordable housing overlay-18 a ho-1 zone on block 127 lot 4 in the burrow of Somerville and provide appropriate development regulations therefore uh do we have a motion for the public hearing please so moved second discussion roll call council members Theresa Bonner yes Andrew Kiy yes Clinton yes Brandy Pitts Yes. Gina Stravik. Yes. Roger Verm. Yes. Public hearing on 2787 is now open. Please state your name and address for the record and please address your comments to only me.

Good evening, Mayor. Alexander Fiser from the law firm Savo Shaw Corsini Warner, Gillespio Grodnik, and Fiser. I'm here on behalf of the uh owner of the properties in the AHO1 zone, Bell Avenue Holdings LLC. We're here to object to one very small and specific portion of the uh ordinance. Um and that is 07 relating to the number of three uh three-bedroom market town homes which is a limitation of five. Uh we understand that you may feel compelled to adopt the ordinance as is for purposes of ensuring your uh immunity going forward. Um but we would like to bring information to the uh council's attention. And uh so I brought with me a planner, Spatch Trey, who has been involved with this uh project for at least a year, if not more. Um and has been Bell Avenue Holdings planner. Um and I I'm assuming that because this is a public hearing, you're not taking testimony per se. You're not swearing anyone in, right? Is it?

Uh no. And you are limited to five minutes. Five minutes. Well, given that I will. Now you're at four. Yeah. [laughter] Can I first hand out exhibits before we begin? Uh, actually attorney. Yeah. Sure. Okay. So, taking one from each step. Thank you. Go ahead. You don't want to?

Sure. Thank you. So, my name is Spatch Tran. I'm an associate principal at Phillips Price Grigo Laney Keller LLC. I have my masters in city and regional planning from Rutgers University and I am a licensed professional planner in New Jersey since 2019. My license is in good standing. Um, I am the planner representing Bell Avenue Holdings LLC. And tonight I am objecting on their behalf uh to the adoption of the AHO1 zoning district ordinance on their property. Um, my objection is based on one small but important provision of the ordinance which states no more than five of the market rate dwelling units shall be three bedrooms. This is section 102-12207. So in inclusionary development projects, the market rate units subsidize the affordable units. And here the ordinance requires six affordable units and permits 28 market rate units. To restrict the market rate units such that only five of them can be three-bedroom units is to restrict the financial feasibility of the project. This is because the developer's intention was always to provide uh 15 three-bedroom units market rate. um and it was an oversight in in the development of the ordinance um that was not remedied um before it came to you for introduction. And so the current and past versions of the Fair Housing Act of New Jersey do restrict what's called cost generative requirements in municipal ordinances and regulations relating to affordable housing. Um, the uniform housing affordability controls at NJAC 580-26.1 defines fair share plan and I'm going to paraphrase as part of the definition because it's fairly lengthy. It states that the fair share plan should address the development regulations necessary to implement the housing elements, including but not limited to the

elimination of unnecessary housing costgenerating features from the municipal land use ordinances and regulations. Based on the my understanding of my client's situation, restricting the number of three-bedroom market rate units to just five would be a costgenerative uh uh a requirement and it would adversely impact the ability of the developer to subsidize the affordable units. prior affordable housing rules um did create a precedent in how to interpret what cost generative means um in the uh prior round um NJSA 593 and 97 rules it stated and again I'm I'm paraphrasing slightly it stated the Fair Housing Act uh incorporates the need to eliminate unnecessary housing excuse me unnecessary costg generating features from municipal land use ordinances. Municipalities shall eliminate development standards that are not essential to protect the public welfare. And it states that the council, which is the council on affordable housing, uh, which is now defunct, but the council shall not permit restrictions on the bedroom mix of the market rate units within an inclusionary development. So here the five-unit restriction on three-bedroom market rate units will not serve to protect the public welfare. Um the developer does believe that 15 market rate three-bedroom units would not be cost generative to them. Um but they are objecting to five. Another point I want to make is that there would be no substantial detriment to the bureau to adjust that provision from five to 15 three-bedroom market rate units.

You have less than a minute. Just Okay. I should note that the floor area and bulk of the development would not change. And as you can see in the exhibits that I provided using industry standards that the difference between providing five and 15 three-bedroom units would be two public school children generated from the development. And in terms of the overall resident population, the difference would be 6.6 residents overall. So I do not see that in any stretch of the imagination that there would be a substantial detriment or impact on mun municipal services or the public school system. Thank you. Thank you for your comments. Thank you mayor. Thank you. Any other public comment hearing? None. I'll ask for a motion to close. So moved.

Second. Discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Ki. Yes. Lendy. Yes. Yes. Randy Pittz. Yes. Gina Travoc. Yes. Roger F. Yes. Uh ask for a motion for adoption, please. So moved. Second. Discussion. Roll call. Council members. Theresa Bonner. Yes. Andrew Ki. Yes. Glenzene. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Verm. Yes. Okay. Uh consent resolutions. There are three. So

087 I'd just like to pull off for a quick comment. Uh 095 is being eliminated. We will not act on that. And 107 is being eliminated. We will not act on that. Are there any others to be pulled off? All right. Uh 84 is approving event permit for Somerville Rescue Squad to use Carol Pager Field for community event on March 28th uh from 9A to 12p. Uh 85 approving Girls on the Run Race 5K for May 31 starting 9:30 a.m. 86 is approving the Somerville Street Fair on October 4th from 11:00 a.m. to 5:00 p.m. 88 is approving Steven Rodzac as a part-time employee as a as a plumbing, fire, and building inspector. 89 approving Timothy Caneri as a part-time employee as an electrical inspector. 90 is approving Luke Garrett as a part-time employee as an assistant construction official, plumbing and building inspector. 91 approving Adam Shapani as a part-time employee as an electrical inspector. 92 is cancelling uncollectible taxes and issuing a refund to homeowners at address known as 115 Fairview. A 93 is cancelling uncollectible taxes to homeowners at address known as 110 North Midaw. 94 is cancelling uncollectible taxes and issue a refund to the property owners of 153 Mount Nav. 96 is establishing a 60-day waiting period for employee health benefits. 97 is authorizing payment of acred personal and vacation time for Rodney Hadley. 98 is authorizing the expansion of the J. Scott Community Garden located on Veterans Memorial Drive. 99 approving tax overpayment refund for 19 Putnham Street. 100 approving street closure on Grove Street for Somerset Superior Court from 9A to 4P on Wednesday, May 20. 101 is amending resolution uh 2601041 authorizing the award of a non-fair and open contract for redevelopment council and affordable housing council to reown

Coughlin Menchello attorneys in the amount not to exceed 50,000. 102 is adopting the revised plan endorsing the housing element and fair share plan dated May 19, 2025, approving a draft ordinance implementing the burough's inclusionary zoning mechanism in connection with said plan and authorizing the submission of said plan and materials to the affordable housing dispute resolution program. 103 is authorizing the award of a non-fair and open contract for TNM Associates for professional services for SE survey and engineering design for Carol Pager Park ballfields improvements. 104 is approving Jersey late grates to utilize parking spaces in front of the historic courthouse on July 17 from 5 to 9 pm for cruise night. 105 is approving the hiring of Janet Gatone as a seasonal hourly pool manager. 106 is authorizing the first aid and rescue squad of Somerville to install signage on the building located at 137 West High Street and waving all associated municipal fees. Do we have a motion?

So moved. Second. Roll call. Council members Theresa Bonner. Yes. Andrew Ki. Yes. Glendon. Yes. Randy Pitts. Yes. Gina Stravik. Yes. Roger Ferm. Yes. All right. Number 87 is accepting the retirement resignation of Rodney Dorsy effective April 1, 2026. End of business March 31, 2026. Um, I just wanted to make note of uh of Rodney's service to the burrow. Rodney worked for uh about 40 years. I don't have the exact time frame, but it's been a long time. 40 years is a long time working for the burrow. and I want to thank him and I want to congratulate him for uh for his many many years of dedication to Somerville. So, uh do we have a motion? So, moved. Second

discussion. Roll call. Council members Theresa Bonner. Yes. Andrew Ki. Yes. Glenda, yes. Randy Pitts, yes. Gina Stravik, yes. Roger Verm. All right. Uh bills and vouchers. Roger. This is quite a juxtaposition from last month. We've approved over $9 million in in bills and vouchers. And this month uh for this meeting rather, it is uh my recommendation, my motion is to approve bills and vouchers in the amount of $679,42.95. Second discussion. Roll call. Council members Terresa Bonner. Yes. Andrew Kiy. Yes. Glen, yes. Randy Pittz, yes. Gina Stravik, yes. Yes. Roger Verm.

Yes. All right. Uh, Mr. Vroom, I will ask you for a motion for adjournment, please. I motion to adjurnn. Second. All in favor? I opposed. This meeting is adjourned.