At its Monday, March 25, meeting, the Livingston Township Council passed two ordinances related to the plannedBrightviewproject expected to be built at the current location of the West Essex YMCA.
Additionally, the Livingston High School chess club was recognized for winning its state championship for the second consecutive year. The club explained their accomplishments to those in attendance and then were issued proclamations from both the township and the state legislature, the latter by Assemblywoman Rosy Bagolie.
Brightview Ordinances
An ordinance was passed to authorize a sale agreement between Brightview Livingston Urban Renewal and the township, for a portion of its 357 South Livingston Avenue (block 3100, lot 55 in the tax map) property that includes the town’s skate park. The proceeds of the sale are expected to cover the cost of a new skate park, to be located elsewhere in town.
Brightview plans to build a 150unit senior living facility on approximately 160,000 gross square feet of land. The property, 321 South Livingston Avenue, is the current home of the West Essex YMCA, which will soon move to a new location across the street, the former site of the Grace Lutheran Church. The strip of land being sold is expected to be used for parking.
Also passed was the approval of an application for a long-term tax exemption - also known as a payment in lieu of taxes, or a PILOT - and authorization of the execution of a financial agreement with Brightview Livingston Urban Renewal in relation to the 150-unit facility. The termination date on the PILOT is 35 years after its passage.
Both of these ordinances, in some form, were discussed at length during several meetings in 2023, though they never passed at that time.
The ordinances were passed by unanimous 3-0 votes. Deputy Mayor Ed Meinhardt and Mayor A1 Anthony recused themselves from the vote, due to conflicts of interest related to the YMC A.
The Council members that could speak noted that moving forward with the Brightview Project would ensure the West Essex YMCA stays in town, creates affordable housing, and generates additional revenue producing properties in town. The Grace Lutheran Church and West Essex YMCA were not tax-paying properties in their current locations, but the town will receive revenue from the parcels once the new buildings are constructed, according to the Council.
“This will protect Livingston against overdevelopment and increase our ratables,” Council member Shawn Klein said. He added that the financials of this particular PILOT are “advantageous to the township” over its term.
“What we are doing is putting the old YMCA on the tax roll,” Council member Michael Vieira said. He stressed that these ordinances are also a vote to ensure the YMCA remains in Livingston.
“This type of facility (Brightview Senior Living) comes in and gives us a rentable space without kids coming into the schools, and also gives us credit for affordable housing,” Council member Ketan Bhuptani said. He added that, “This is going to yield more dollars for the township. ”
Sidewalk Ordinance Tabled
An ordinance was once again tabled to amend the township code on streets and sidewalks by adding verbiage regarding damage to structures and improvements within the right of way.
Under the ordinance, neither the Township of Livingston nor its contractors would be responsible for the replacement or repair of any damage caused by public maintenance, repair or improvement activities to private structures or improvements placed within the public right-of-ways, including fences, retaining or decorative walls, landscaping, sprinkler pipes or heads, lamp posts or lighting, and private electrical conduits, as well as improperly installed mailboxes. An exception would be made for “legally placed” mailboxes.
The ordinance was tabled at the previous two Council meetings, after resident Tim Foley stated that it would be unfair for residents to have to be responsible for maintaining the part of the property that the town owns, but that the town would not be responsible for repairs if town workers damage it. Foley said he had spoken up the last time a similar ordinance was proposed over two decades ago.The Council had agreed to hold off on the ordinance until they discussed it with the town engineering department, who had proposed it, to hear the rationale behind it.
It will next be on the agenda for a potential vote on Wednesday,April 10.
Budget Funds Transferred
A resolution was passed to authorize the transfer of 2023 budget appropriation reserves.
$906,800 in current fund was transferred from various township departments to cover $781,800 in police salary and wages and $125,000 for Department of Public Works salary and wages.
Contracts
A $306,600.80 contract was awarded to Vortex Services for sanitary sewer pipe and manhole rehabilitation.
A $28,000 contract was awarded to Mumford Bjorkman Associates for professional engineering services for water tank and clearwell evaluations.
Additional Resolutions
Resident Krishna Majithia was appointed to Livingston’s Committee for Diversity and Inclusion.
A housekeeping resolution was passed to renew permission for flags to be raised at township-owned flagpoles as an expression of “government speech.” This resolution is expected to be passed on an annual basis after first being introduced last year.
Closed Session
In a closed executive session held prior to the start of the conference meeting, the Council was expected to discuss Fair Share Housing litigation, personnel, and redevelopment contract negotiations.
