During its Monday, May 13, regular meeting, the Livingston Township Council passed three ordinances, including one related to the Brightview project to be built next to Town Hall. The Council also approved several resolutions, including one related to the long-planned new Department of Public Works facility.
At the start of the meeting, the Council honored Heritage Middle School student Naisha Bhagashra of the Future Business Leaders of America for placing first in the state in a recent competition. Assemblywoman Rosy Bagolie also gave her a citation on behalf of the state.
The Council also recognized May as both Asian American and Pacific Islander (AAPI) Heritage Month and Amyotrophic Lateral Sclerosis (ALS) Awareness Month. Promotions were announced for officers in the Livingston Police Department, and town officials provided an update on Livingston’s water treatment. Further details of these presentations and proclamations are featured in separate articles and photos within this edition of the Tribune.
Brightview Ordinance Passes An ordinance was passed to amend the town’s Zoning map to reflect the merger of the conveyed land in regard to the Brightview Senior Living agreement that was approved at a meeting last month. Due to conflicts of interests related to the YMCA, Mayor Al Anthony and Deputy Mayor Ed Meinhardt were recused from voting on this ordinance. It was approved on a 3-0 vote.
The Brightview agreement is expected to pave the way for 150 senior housing units to be built at the current location of the West Essex YMCA. As per the terms of that agreement, part of the Town Hall property at 357 South LivingstonAvenue (Block 3100, Lot 55) will be conveyed to an expanded lot 56 on the same block, adjacent to the property. The entirety of the expanded Block 3100, Lot 56 shall be located within the P-B Zone and subject to the previouslyapproved redevelopment plan for the property.
More Ordinances Pass
An ordinance was passed to update the Township Code’s uniform fees for construction codes. Among the changes are $95 set fees for hot water boilers, steam boilers, furnaces, commercial air conditioning, and hot water heaters.
Another ordinance, to amend the Township Code concerning certificates of occupancy, was also passed by the Council. According to the ordinance, a certificate of occupancy currently needs to be applied to reoccupy any existing building or premises, other than a residential building. Now, a new tenant certificate will instead be required.
Both of these ordinances were unanimously approved Sidewalk Ordinance Withdrawn After months of meetings, an ordinance was withdrawn that would have amended 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.
Before it was ultimately withdrawn, the ordinance was tabled at the previous six 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.
The ordinance was discussed at length at the conference meeting prior to it being withdrawn during the regular meeting. Town engineer Jeannette Harduby and Department of Public Works director Chris Southworth both attended the meeting to answer any questions about the ordinance, which they were both in favor of passing.
During the discussion, township attorney Jarrid Kantor said that he was in favor of passing the ordinance because the town needs to have access to its right-of-ways.
“When we don’t have (access), it creates a lot of issues between the town and residents,” Kantor said. However, he noted that this ordinance would not change anything; these regulations already apply, the ordinance simply draws attention to it.
“It’s not that we don’t make every effort to avoid damaging things,” Kantor said, “but legally, because it is a public right of way and we own the land anyway, this is intended to put residents on notice.”
Council member Shawn Klein said that the ordinance appeared to be “draconian as written,” as he agreed with Foley’s interpretation that the town could theoretically damage a resident’s well-maintained landscaping or property but not be responsible for fixing any problems caused. He suggested setting aside some money for reimbursing residents for damages.
“You better have a big pot of money,” Southworth said.
Harduby added that “nothing should be in the right of way, it’s the town’s property,” and it would not be fair to other taxpayers to bear the cost of an individual resident’s repairs.
Mayor Al Anthony asked Kantor if the ordinance was even necessary if regulations are already in place. “Why do we need this?” he said.
Kantor agreed that the law stands with or without the ordinance passing. Since the goal was simply to put the public on notice of the rules, the Council agreed to withdraw it and instead educate the public on the regulations regarding damage of streets and sidewalks caused by the town.
DPW Garage
A$433,400 contract was awarded to T & M Associates to serve as the town’s design professional in the design build process for Livingston’s Department of Public Works facility. The new facility will be located at 12 Industrial Parkway. The land was purchased nearly half a decade ago with the intention to turn it into the new DPW facility.
The design build process is the method by which the facility will be built. It allows for the builder and designer to work together on a single contract from the start of a project.
Redevelopment Resolution The Council passed a resolution authorizing the Planning Board to undertake a preliminary investigation into a section of town to determine if it constitutes an area in need of redevelopment with the powers of eminent domain.
The area, Block 6002, lots 1, 1.01, 2, and 3 on the town’s tax maps, is located between Eisenhower Parkway and Walnut Street and covers nearly 142 acres. It is commonly known as 112 Eisenhower Parkway, South Orange Avenue, and Walnut Street.
Contracts
The Council also awarded a $78,499 contract to T & M Associates for professional planning or landscape architect services for the evaluation of the town’s Open Space properties.
A $69,600 contract was awarded to Mott MacDonald for professional engineering services related to a detailed evaluation of the town’s sanitary sewer main.
Closed Session
In a closed executive session at the start of the conference meeting, the Council discussed litigation involving Sgt. Kevin Mullaney.
