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Organization Meeting of the Township Council Bloomfield - DOC

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					                                                                                    Bloomfield, New Jersey 07003
                                                                                              November 20, 2006

              Twentieth Regular Meeting of the Township Council.
              The meeting commenced at 7:33 PM.
              Mayor McCarthy opened the meeting with the following brief statement.
              "Notice of time, date, location and agenda of this meeting, to the extent then known was provided
at least forty eight (48) hours prior to the commencement of this meeting in the following manner
pursuant to the provisions of Chapter 231 of the Law of l975 (The Open Public Meetings Act).
              1.            By posting such notice on the bulletin board in the Municipal Building, and
              2.             By mailing such notice to the offices of the Independent Press, Bloomfield
                             Life, The Star Ledger, and The Herald News.
              At this time, Mayor McCarthy led the audience in the Pledge of Allegiance.
              Roll call showed Councilmembers present: Janice Maly, Ray Tamborini, Patricia Ritchings,
Bernard Hamilton, Patricia Spychala, Peggy O’Boyle Dunigan, and Mayor Raymond J. McCarthy.
              In attendance at the commencement of the meeting were the following: Louise M. Palagano,
Municipal Clerk/Township Administrator, Paul Lasek, Township Engineer and Vincent Pirone,
Township Attorney.
              At this time, Councilwoman Maly stated that last week there was discussion of the
intersection of Hoover Avenue and J.F.K. Drive. She stated that there has been some no turn left hand
signal signs placed there and because of the striping it became difficult for people who wanted to
continue driving down East Passaic Avenue. She stated that she did speak to Phil Alagia of the
County, and Phil LiVecchi at the League of Municipalities, and our Township Engineer Paul Lasek
did have a conference with them as well. She stated that it has been decided that there will be two
phases to fix what actually, has not been completed yet. She stated that the project is not complete, so
there is time to still go back and “tweak” it a little bit, which is exactly what we are going to do. She
stated that Phase I will include taking back the striping that is presently a solid line with turn arrows
that are painted on Hoover, which is the part in question. She stated that what is going to happen is
that tomorrow morning, the striping will be taken back, and the left hand signal signs, where it says
“no left hand turn allowed” will be removed. She stated that Phase II will include rather than having a
“stop” sign next to St. Valentine’s Church where East Passaic meets the present light with the arrow, a
new light will be installed rather than a lighted “stop” sign, and therefore, East Passaic Avenue will
then have a dedicated traffic pattern to ensure the fluency of the drivers. She stated that people who
live on the small part of East Passaic Avenue will then be able to make their turns because it is a two-
way street. She stated that she just wanted to present this information publicly for clarity to let the
residents know that their message was heard; it was corrected, because the project was not complete
yet, and it was caught at the right time. She stated that it is being corrected tomorrow morning and she
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                                                                          Bloomfield, New Jersey 07003
                                                                                    November 20, 2006

would like to thank our County Executive Joseph DiVincenzo, Ben Amos, Phil Alagia, Phil LiVecchi,
our Township Engineer Paul Lasek, the County Engineers, and all of the participants who made this
Mayor and Council aware of this small problem that will be corrected tomorrow morning, thank you.
        At this time, Councilwoman Spychala stated that last week she voiced her opinion regarding
this situation because she drives home this way everyday, and the turn lane was not clear, but with the
double lines there, she would have to say that it was very clear that you could not make a turn at this
intersection. She would like to correct her banter at the Conference Meeting last week, thank you.
        Ms. Palagano stated that one written communication was received addressed to the Mayor and
Council from the Commissioner of New Jersey Department of Transportation on behalf of Governor
Jon S. Corzine informing them that the Township of Bloomfield has been selected to receive funding
from the New Jersey Department of Transportation (NJDOT) Fiscal Year 2007 Municipal Aid
Program for Glenwood Avenue/Maolis Avenue intersection in the amount of $230,000.00.
        At this time, Mayor McCarthy opened the oral portion of the meeting to the public.
        Carol Bainbridge, 63 Hearthstone Road, stated that she would like to address the Council
regarding flooding along the Third River. She stated that Hearthstone Road is approximately one mile
north of the Lion Gate area on the Third River, just north of Watchung Avenue. She stated that she is
concerned about what is happening one mile downstream from her, and what is going to be developed
there, because she lives on a floodplain, as well as, the development area being on a floodplain. She
stated that a couple of weeks ago there was a storm, and her house is 15 feet to the edge of the river.
She stated that she has a retaining wall that is made partly of stone and wood, which measures
approximately six feet high. She stated that normally the stream is just a little trickle, and you could
walk across it approximately twelve feet wide, but during the heavy storm that occurred on November
8, 2006, the river rose to above the edge of her property, which is approximately 7 ½ inches from the
top of her retaining wall, and the water that was twelve feet wide is now three times that width, which
is a lot of water. She stated that she is worried about what goes down stream because the water in her
backyard is not going downstream, unless it has someplace to go to, and then it backs-up. She stated
there is a conduit under Watchung Avenue that prevents a lot of water from going down stream,
because it has a certain capacity, and when it succeeds, it backs-up in her backyard. She stated that
during Hurricane Floyd the river became a big problem for the residents of this area, so she would like
to know what is going to be done. There are hundreds of people living in Lion Gate area, and if
another big storm occurs, these residents are going to have to be evacuated.




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She stated that the Mayor and Council have to consider having an adequate city plan, or system in
place, to help residents if heavy flooding should occur. She stated that she is not in favor of building
the apartments on this property, because she thinks it should remain a sponge to help soak up this
overflow of water in this area, thank you.
        At this time, Mayor McCarthy informed Ms. Bainbridge that he will have Ms. Palagano speak
with Captain Hochstuhl the OEM Director, because he knows Captain Hochstuhl has a plan in place
that will be forwarded to Ms. Bainbridge. He then stated that he will also have the plan posted on the
Town’s website and/or the Bloomfield Buzz newsletter, thank you.
        Nick Joanow, 226 Lakewood Terrace, stated that he has with him a letter that has been sent to
Lisa Jackson, Assistant Commissioner of Land Use Regulation Mark Moriello, Richard Reilly of
Bureau Chief Regulation, Mark Hertzberg, Community Relations, and the Northern Section Chief,
and he is putting the Mayor and Council on notice regarding the flooding situation that occurred on
November 8, 2006. He stated that as he has said to the Council previously, there is sufficient
documentation that if even one life is lost, this Town will be responsible. He stated that is saying this
simply because the Planning Board in 2001 rejected this application for a number of very good
reasons. He stated that the property in question is in a flood zone and it is not in the best interest of
good sound and effective planning to approve the proposed construction. He stated that the Planning
Board was also not satisfied that the bridge to be used for access, and egress, in an event of an
emergency was satisfactory. He stated that he has a petition, along with pictures with him that is
signed by neighbors, which he is giving a copy to Ms. Palagano to make copies for the Mayor and
Council. He then read the petition out loud. He stated that this petition is requesting that the NJDEP
reject both the Copeck/DeSimone and Fefferman applications. He stated that the NJDEP must
actively seek to remedy and mitigate the riverbank erosion threatening the economic well being of
many homes and businesses that border the Third River in the Township of Bloomfield. He stated
that on Wednesday, November 8, 2006 at 4:30pm, access to Lakewood Drive was rendered
impossible, because there was approximately five inches of water and at the intersection of Lakewood
Drive and Lakewood Terrace, there was approximately 8 to 12 inches of water covering the road in
the Third River, which runs parallel to the street and has swollen overflowing its banks and
completely inundating the emergency exit at Lakewood Terrace, which enters into the Scientific
Glass/Lion Gate site. He stated that if a resident required medical attention on Lakewood Drive, it
would have been impossible to gain access because of the flooding condition of the roads. He stated
that we have a pre-existing problem and we cannot continue to destroy our flood storage capacities.



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He stated that someone is going to be accountable to the people of this community for a project to be
rejected, and then approved, ignoring the safety and the health of residents in this community, thank
you.
        Susan Hebert, 33 Benson Street, stated that she has a letter that Mary Shaughnessy wrote that
poses the thoughts and hopes of many of here this evening, because there are a lot of people here this
evening, that ate not going to get up and speak, but the letter reads as follows: Dear Mayor and
Council, The flooding that occurred in, and around, the former Scientific Glass site earlier this month,
reminds us that we have a serious problem with the proposed construction of more that 150 new
homes on land that routinely goes under water. She stated that we will never stop flooding along that
portion of the Third River, but we could stop the drive to put more homeowners in harms way.
Apparently, there are people who are willing to invest their life savings in an area that is officially
categorized by both state and federal government as a high risk flood zone. Many are simply
uninformed of the real danger of getting stuck with a piece of real estate that will be difficult to sell
after repeated flooding occurs. Their neighbors downstream will be subject to new flooding once the
flood storage is eliminated. I strongly believe that it is up to the government to lead the way. Last
November, the Mayor and Council from Little Falls successfully lobbied to stop the construction of
twenty homes on the flood prone Peckman River, which is nowhere near the density of riverside
building as we are willing to tolerate here in Bloomfield. Nevertheless, with the help of Congressman
Bill Pascrell, Passaic County, and the federal government, the land was purchased for $5.7 million
with a combination of funding from each of these sources. Not only will this prevent increased
flooding along the river, but it will preserve precious natural habitat for in a highly urbanized area for
future generations to enjoy. Meanwhile, while its new Blue Acres Program, through its Blue Acres
Program, the state is offering to pay market value for 130 Little Falls homes that have been subject to
repetitive flooding as a result of poor planning decisions. Bloomfield has an opportunity to act before
we get to that point although it might already be too late for some homeowners who live near the
Scientific Glass site. Until Bloomfield has exhausted all of its avenues to create a similar partnership
with county, state, and federal agencies to ward off irresponsible development of our own
environmentally sensitive land, we cannot in good consciousness say that we have done all that we
could to act in the best interest of the Township. It will not be easy, but it is the right thing to do,
thank you.
        Nick Pino, 55 Hearthstone Road, stated that he lives directly in back of “Friendly’s Ice-
cream”, which is where the Third River runs. He stated that he has lived there for thirty years and has
experienced the flood of Hurricane Floyd, which cost him $55,000.00 worth of damage, at that time.

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He stated that with the last heavy rain, his basement flooded again. He stated that he was under the


assumption that something was going to be done, because he received a letter a couple of years ago
asking if someone could come on his property because there was come kind of grant that was going to
help pay to fix the problems with the Third River, but he has not seen anything yet. He stated that
what is happening is that the erosion problem on the other side of the river where he lives, all of the
dirt is disappearing. He stated that this is causing the trees to erode and fall into the river. He stated
that during this past storm, there were twenty foot trees going downstream, and he would like to know
where they are going. He stated that we do have a problem, and because of this his flood insurance
has increased tremendously, so he would like to know what is going to be done to protect the
residents. He stated that he would also like for someone to take a look at what is happening because
of the erosion problem, thank you.
        Mayor McCarthy stated that we will make sure to look into the erosion problem. He also
stated that if the river is clotted with debris, we will get Passaic Valley to come in and clean it out, and
maybe that will help the situation somewhat.
        Mr. Pino then asked if there was a proposed grant to have something done to solve this
problem with the Third River.
        Mayor McCarthy stated that the only thing he remembers is something being done near
Watchung Avenue as it winds down into Clark’s Pond. He stated that there was a reinforcement done
approximately one year ago, but this is about it.
        Mr. Pino stated that he believes there were people from Bloomfield’s Engineering Department
that have come onto his property to check something out, but he never heard anything more about it.
        Mayor McCarthy asked Mr. Pino how long ago this was.
        Mr. Pino stated that it was about two years ago.
        Mayor McCarthy said that it will be checked out.
        At this time, Mr. Pino thanked the Mayor and Council for their time.
        William Jondono, 499 Beardsley Avenue, stated that he would like to thank the Mayor and
Council, along with the Water Department, for helping him and his wife with the issue they had with
the Water Department. He stated that he and his wife are newcomers to the Township of Bloomfield,
and they feel they are in good hands in Bloomfield, thank you.
        Mayor McCarthy then stated that he and the Council apologies that Mr. Jondono, and his wife,
had to go through that. He stated that it brought light to the situation and makes it that the Mayor and
Council could correct the problems that are there, so thank you very much.

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        Maha Treacy, 777 Broad Street, stated that she has been coming to these meetings for six
years, but actually stopped coming this past year because she thought the problem was resolved. She
stated that when she bought her house, she was told by the former owner that it was in a floodplain,
and she asked them if the basement floods, to which she had a feeling that it did because of water
stains that she had seen, but her husband loved the home, so they purchased it. She stated that her and
her husband decided to waive getting flood insurance, and sure enough that year we had seven snow
storms back to back, which after completely remodeling her basement, her basement was destroyed.
She stated that since then, she had a shut-off valve installed in her basement, but still to this day she
gets terrified when she hears of rain, and if her family ever does move, as an honest person, she is
going to have to tell anyone who is interested in purchasing her home that it floods, because it is in a
flood zone. She stated that she knows, and adores, Mary Shaughnessy because their children go to
school together and she believes that Ms. Shaughnessy is someone she aims to be like, because Ms.
Shaughnessy cares about the world, people, and this Town. She stated that Ms. Shaughnessy is really
trying to help the neighborhood, and most residents do not want to come and speak before the Mayor
and Council because they think either the problem has been resolved, or they are not going to get
anywhere with this Mayor and Council. She stated that if something could be done to help resolve
this problem, it would be appreciated by many residents in this area, thank you.
        Mayor McCarthy stated that this Mayor and Council love this Town and the things we are
trying to do to help alleviate the problem. He stated that some of the stuff that is being done cannot be
broadcasted in newspapers, or at Council Meetings, but understand that the Mayor and Council will
try and rectify this problem as quickly as possible, thank you.
        Councilwoman Maly moved to close the Oral Portion of the meeting, which was seconded by
Councilman Tamborini and carried.
        Councilman Tamborini submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND CHAPTER 50 ENTITLED
        POLICE DEPARTMENT ARTICLE 1. GENERAL PROVISIONS
        AS HERETOFOR AMEND AND ADOPTED

        BE IT ORDAINED, by the Mayor and Township Council of the Township of Bloomfield,
County of Essex, State of New Jersey, as follows:
                Section 1. Article 1. General Provisions of Chapter 50 “Police Department” is hereby
amended by amending Paragraph A of Section 50-1 entitled “Composition; appointments; additional
personnel” to read as follows:
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   A. The Police Department of the Township shall consist of the following
                                 (1) One Chief
                                 (2) Six (6) Captains
                                 (3) Nine (9)Lieutenants


                                 (4) Twenty (20) Sergeants
                                 (5) As many Detectives and patrolmen as shall, from time to time, be
                                     appointed by the Township Council.

               Section 2. All ordinances inconsistent herewith are hereby repealed.
               Section 3. This ordinance shall take effect upon final passage and publication in
accordance with the law.
       On motion of Councilman Tamborini seconded by Councilwoman Ritchings same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
       Councilwoman Ritchings submitted the following ordinance on first reading:
       AN ORDINANCE AMENDING CHAPTER 185 AS HERETO AMENDED AND
       RESCINDING AN AMENDMENT THERETO ADOPTED ON SEPTEMBER 19,
       2005, CONCERNING DISABLED PARKING SPACES

       WHEREAS, the Mayor and Township Council of the Township of Bloomfield adopted
various ordinances amending Chapter 185, Section 185-4 designating disabled parking spaces at the
following locations; and
       WHEREAS, it has been determined that said aforementioned designations are no longer
needed at these locations; and
       NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Council of the
Township of Bloomfield in the County of Essex and State of New Jersey that Chapter 185, Section
185-4 is hereby amended by DELETING the following disabled parking spaces:
             329 Ampere Pkwy                     148 Jerome Place

             13 Baldwin Place                    227 No. 15th Street

             523 Beardsley Avenue                201 No. 16th Street

             337 Berkeley Avenue                 287 No. 17th Street

             29 Bloomfield Avenue                33 Smith Street



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             382 Bloomfield Avenue             67 Waldo Avenue

             74 Clinton Street                 8 Warren Street

             38 Donald Street                  107 Warwick Street

             9 Fairview Place                  117 Washington Street

             214 Franklin Street               161 Watsessing Avenue

             59 Hoover Avenue                  3 Whitman Street


        On motion of Councilwoman Ritchings seconded by Councilman Hamilton same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, and (Ms.) Dunigan, Mayor McCarthy voting "aye".
        Councilman Hamilton submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND CHAPTER 254-62
        (BUS STOPS) OF THE “BLOOMFIELD TOWNSHIP
        CODE” AS AMENDED DESCRIBING LOCATIONS
        DESIGNATED AS BUS STOPS

        BE IT ORDAINED by the Township Council of the Township of Bloomfield, Essex
County, New Jersey as follows:
        SECTION 1. Chapter 254-62 Schedule XXII:BUS STOPS adopted November 2, 1987
effective November 15, 1987 is hereby amended by addition of the following locations:
                                 DIRECTION OF
NAME OF STREET                      TRAVEL                           LOCATION
   Bay Avenue                       Eastbound           Southerly side thereof at Morris Place
                                                        (Near side) Beginning twenty-five
                                                        (25) feet from the westerly curb line
                                                        of Morris place and extending one-
                                                        hundred-five (105) feet westerly there
                                                        from.

     Bay Avenue                    Westbound            Northerly side thereof at Broughton
                                                        Avenue (Near side) Beginning
                                                        twenty-five (25) feet from the easterly
                                                        curb line of Broughton Avenue and
                                                        extending one-hundred-five (105)
                                                        feet easterly there from.

        SECTION 2. This ordinance shall take effect ten (10) days after the first publication
thereof, after final adoption.


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       On motion of Councilman Hamilton seconded by Councilwoman Spychala same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".


       Councilwoman Spychala submitted the following ordinance on first reading
                           TOWNSHIP OF BLOOMFIELD
                      COUNTY OF ESSEX, STATE OF NEW JERSEY
                                  ORDINANCE

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE
TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX, STATE OF NEW JERSEY TO
AMEND THE LAND DEVELOPMENT ORDINANCE OF BLOOMFIELD TOWNSHIP TO
INCLUDE CHAPTER 271, ARTICLE X AFFORDABLE HOUSING, TO FACILITATE
THE PROVISION OF AFFORDABLE HOUSING IN ACCORDANCE WITH THE COAH
ROUND 3 GROWTH SHARE RULES IN CONNECTION WITH RESIDENTIAL AND
NON-RESIDENTIAL GROWTH AND DEVELOPMENT

       NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township
of Bloomfield that the LAND DEVELOPMENT ORDINANCE is hereby amended to
include Article X AFFORDABLE HOUSING, of the Code of the Township of Bloomfield, as
follows:

The purpose of this Ordinance is to create Article X Affordable Housing, Provision of Affordable
Housing Pursuant to COAH Round 3 Growth Share Regulations, as follows:

271-70 Provision of Affordable Housing Pursuant to COAH Round 3 Growth Share
      Regulations

a.     Purpose and findings. The purpose of this section is to facilitate the provision of
       affordable housing in connection with residential and non-residential development in
       compliance with the New Jersey Council on Affordable Housing Round 3 Rules
       approved December 20, 2004. This ordinance is based on the following findings of the
       Township Council:

       1.      The New Jersey Supreme Court and New Jersey Legislature have recognized in
               So. Burl. Co. NAACP v. Mount Laurel, 92 N.J. 158 (1983) (“Mount Laurel II”)
               and the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. (“FHA”) that New Jersey
               municipalities have responsibilities concerning the need to provide affordable
               housing for low and moderate income households; and,

       2.      The Legislature conferred upon the New Jersey Council on Affordable Housing
               (“COAH”) “primary jurisdiction for the administration of housing obligations in
               accordance with sound regional planning considerations in this State.” (N.J.S.A.
               52:27D-304 (a)); and,

       3.      In Mount Laurel II, the New Jersey Supreme Court ruled that municipalities had
               the power to address the Mount Laurel responsibilities that the Court had created


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            through "inclusionary devices" and rejected the notion "that inclusionary measures
            amount to a taking without compensation." (see Mount Laurel II at 271); and,

     4.     In Mount Laurel II, the Supreme Court also stated, "[z]oning does not require that
            land be used for maximum profitability and, on occasion, the goals may require
            something less." (see Mount Laurel II at 274 n. 34); and,



     5.     In the case entitled Holmdel Builders Association v. Township of Holmdel, 121
            N.J. 550, 582 (1990), the Supreme Court referred to its Mount Laurel II decision
            and emphasized that in designing inclusionary ordinances, "no density bonuses,
            compensatory benefits, or subsidies were specifically required;" and,

     6.     In view of the principles established by the Supreme Court in these landmark
            decisions, COAH recently adopted substantive regulations that authorized
            municipalities to impose a set aside, without any density bonuses or other
            compensatory benefits, pursuant to which municipalities could require residential
            developers to construct one (1) affordable residential unit for every eight (8)
            market residential units the developer constructed (N.J.A.C. 5:94-4.4(a)); and,

     7.     COAH specifically stated that “a municipality may adopt a Zoning Ordinance
            requiring a maximum of one for every eight market-rate residential units be
            affordable to low and moderate income households, as long as the zoning has not
            allowed an increase in density to accommodate affordable housing.” (36 N.J.R.
            5775); and

     8.     COAH has also authorized municipalities to require non-residential developers to
            produce affordable housing without any enhancement or compensatory offsetting
            benefit based upon a formula that would require the production of one (1)
            affordable residential unit for every twenty-five (25) jobs projected to be created
            by the non-residential development (N.J.A.C. 5:94-4.4 (a)); and

     9.     The Township of Bloomfield wishes to ensure that as developers build residential
            and non-residential projects, they provide affordable housing consistent with
            COAH’s regulations and policies described above, policies soundly rooted in
            Supreme Court precedent; and

     10.    Implementation of these policies will ensure that as the Township grows with
            housing affordable to the middle and upper class, it will also grow with housing
            affordable to lower income households and that as non-residential development
            occurs, it will also provide housing affordable for lower income workers. (see
            Mount Laurel II at 211).

b.   Applicability.

     1.     This subsection of the Township of Bloomfield’s affordable housing regulations
            sets forth mechanisms by which developers shall provide for a fair share of
            affordable housing based on growth that is associated with development taking
            place within the Township.


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      2.     Residential Development. Except as exempted in subsection c, residential
             projects with nine (9) or more units are subject to the “growth share” provisions of
             this ordinance and must provide one affordable housing unit on-site for every
             eight market-rate units. Any residential project with fewer than nine (9) units is
             subject to the provisions of development fees as set forth in Article XI of this
             Chapter.


      3.    Non-residential development. All non-residential development in any zone that
            results in an increase in gross floor area of any existing non-residential structure
            or the construction of a new non-residential structure shall be subject to the
            Township’s development fee provisions as set forth in Article XI of this Chapter.
c..   Exemptions.

      1.     Developments that received preliminary or final approval from the Planning
             Board and/or Board of Adjustment, as applicable, prior to the effective date of this
             ordinance unless the developer seeks a substantial change in the approval, or said
             approval expires without an extension granted by the respective review board.

      2.     Nonprofit organizations which have received tax exempt status pursuant to
             Section 501(c)(3) of the Internal Revenue Code, provided current evidence of that
             status is submitted to the Municipal Clerk, together with a certification that
             services of the organization are provided at reduced rates to those who establish
             an inability to pay existing charges.

      3.     Federal, state, county and local governments.

      4.     In the case of single-family development, any new residential construction, which
             has been created as part of a on-site residential demolition permit shall not be
             counted towards the Township’s growth share obligation, and is exempt from
             development fees.

d..   Residential Growth Share Provisions.

      1.     Quantification of Affordable Housing Obligation for Residential Developers.
             Except as otherwise provided below, in those circumstances where an applicant
             seeks to develop land for residential purposes, with projects of nine (9) or more
             units, and receives no right to increased density or other compensatory bonus, said
             applicant shall produce and develop on site one (1) residential unit of housing
             affordable to low and moderate income households for every eight (8) market rate
             residential units constructed (11.11 percent). Any residential project with fewer
             than nine (9) units is subject to the Township’s Development Fee Ordinance as set
             forth in Article XI of this Chapter.

      2.     Permissible Manner of Satisfaction of Affordable Housing Obligation of
             Residential Developers.

             (a)    Residential Development. For all residential development with nine (9) or
                    more units, an applicant shall satisfy its affordable housing production
                    obligation through on-site housing production in connection with the
                    residential project, which is one of the mechanisms permitted pursuant to
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                  COAH’s regulations. By way of example, if a developer secures approval
                  for a nine unit project, one of the units must be reserved as an affordable
                  unit.

           (b)    The other alternative mechanisms permitted under COAH’s regulations
                  include: (a) the purchase of an existing market-rate home at another


                  location in the community and its conversion to an affordable price-
                  restricted home in accordance with COAH’s criteria, regulations and
                  policies; or (b) participation in gut reconstruction and/or buy-down/write-
                  down, buy-down/rent-down programs. An applicant shall only be entitled
                  to satisfy its affordable housing obligation via one or more of the
                  alternative mechanisms set forth above if the applicant first secures the
                  written authorization of the Township to comply via one or more of these
                  alternative mechanisms.

           (c)    Before the applicant’s development application for final site plan or
                  subdivision approval is deemed complete consistent with the Municipal
                  Land Use Law and the Township of Bloomfield Development Ordinances,
                  the applicant must secure written permission from the Township as to the
                  exact manner in which alternative mechanism(s) will be used to achieve
                  the creation of one (1) affordable residential unit for every eight (8) market
                  rate residential units.

           (d)    Full and complete satisfaction of compliance with the affordable housing
                  requirements of the development shall be a specific, automatic, essential
                  and non-severable condition of all land use approvals. Pursuant to this
                  condition, the applicant must demonstrate that it has satisfied the Planning
                  or Zoning Board condition of approval for affordable housing prior to
                  obtaining the first building permit. Compliance with the affordable
                  housing condition shall be a continuing condition of all Planning or
                  Zoning Board approvals for development.

e.   Non-Residential Growth Share Provisions

     1.    Quantification of Affordable Housing Obligation for Non-Residential Developers.
           Except as otherwise provided below, in those circumstances where an applicant
           seeks to develop land for non-residential purposes and receives no right to an
           increased Floor Area Ratio (FAR) as defined as the gross floor areas of all
           buildings or structures on a lot divided by the total lot area, or other compensatory
           benefit, the developer shall adhere to the Township’s Development Fee Ordinance
           and must make a payment to the Township’s Mount Laurel Trust Fund at a rate of
           two percent (2%) of the equalized assessed value for the project.”).

     2.    Full and complete satisfaction of compliance with the affordable housing
           requirements of the development shall be a specific, automatic, essential, and non-
           severable condition of all approvals. Pursuant to this condition, the applicant
           must demonstrate that it has satisfied the Planning or Zoning Board’s affordable
           housing condition of approval prior to obtaining the first building permit.

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                                                                     Bloomfield, New Jersey 07003
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             Compliance with the affordable housing condition shall be a continuing condition
             of all approvals for development.

f.    Mixed Use Growth Share Provisions

      1.     For all projects which include a combination of both residential and non-
             residential development, the affordable housing obligation created by the
             residential portion of the project is set forth in Section d.1 above.


      2.     The affordable housing obligation created by the non-residential portion of the
             project is set forth in Section e.1 above.

g.    General Provisions for Constructing Affordable Units

      1.     The affordable unit(s) to be produced pursuant to Paragraphs a through f above
             shall be available to a low income individual or household should only one
             affordable unit be required. Thereafter, each of the affordable units shall be
             divided evenly between low and moderate income individuals and households
             except in the event of the applicable formulas result in an odd number of
             affordable units; in which event the unit shall be a low income residential unit.

      2.     Affordable housing units being constructed on-site or off-site shall meet the
             requirements of the Township’s affordable housing ordinance, and shall be in
             conformance with COAH’s third round rules at N.J.A.C. 5:94-1 et seq. and the
             Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including,
             but not limited to, requirements regarding phasing schedule, controls on
             affordability, low/moderate income split, heating source, maximum rent and/or
             sales prices, affordability average, bedroom distribution, and affirmative
             marketing.

      3.     It shall be the applicant’s responsibility, at its sole cost and expense, to arrange for
             a COAH and Township approved qualification service to ensure full COAH
             compliance and to file such certifications, reports and/or monitoring forms as may
             be required by COAH to verify COAH compliance of each affordable unit.

      4.     To the greatest extent possible, affordable housing units being provided within
             inclusionary developments shall be disbursed throughout inclusionary
             developments and shall be located within buildings designed to be architecturally
             indistinguishable from the market-rate units otherwise being constructed within
             the development. To that end, the scale, massing, roof pitch and architectural
             detailing (such as the selection of exterior materials, doors, windows, etc.) of the
             buildings containing the affordable housing units shall be similar to and
             compatible with that of the market-rate units.

h..   Permissible Manner of Satisfaction of Affordable Housing Obligation of Mixed-Use
      Developers. For all projects which include a combination of both residential and non-
      residential development, the affordable housing obligation created by the residential
      portion of the project is set forth in Section d above. The permissible manner of
      satisfaction of the affordable housing obligation for the residential component is set forth
      in Section d above. The affordable housing obligation created by the non-residential

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                                                                      Bloomfield, New Jersey 07003
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       portion of the project is set forth in Section e above. The permissible manner of
       satisfaction of the affordable housing obligation for the residential component is set forth
       in Section e above.

i.     Right To Greater Set-Aside If Compensatory Benefit.

       1.      As to residential developers, nothing herein shall affect the Township’s ability to
               generate more affordable housing than the one (1) for eight (8) standard set forth
               above in the event that the developer secures a density bonus or other
               compensatory benefit through zoning or through a use variance.

       2.      As to non-residential developers, nothing herein shall affect the Township’s
               ability to generate an increased fee in accordance with Article XI of Chapter 271
               in the event that the developer does not secure an increased floor area ratio (FAR)
               pursuant to N.J.S.A. 40:55D-70d(4) (known as a "d" variance).

        3.     Any requirement for residential or non-residential developers in excess of the
               ratios referenced in Section g(1) and (2) above shall be based upon standards the
               Township shall hereafter enact and shall secure COAH’s approval of same.

All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed. If any section,
subparagraph, sentence, clause, or phrase of this ordinance shall be held to be invalid, such
decision shall not invalidate any remaining portion of this Ordinance.

This Ordinance shall take effect immediately upon passage, publication according to law and
filing with the Essex County Planning Board in accordance with N.J.S.A. 40:55D-16.

                                           STATEMENT

This Ordinance amends the Revised General Ordinances of the Township of Bloomfield’s Land
Development Ordinance, to facilitate the provision of affordable housing in connection with
residential and non-residential development in compliance with the New Jersey Council on
Affordable Housing Round 3 Rules approved December 20, 2004. This ordinance supplements
and amends the Affordable Housing Fees for the construction of new housing units and new non-
residential development.

       On motion of Councilwoman Spychala seconded by Councilwoman Dunigan same was
passed on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.)
Ritchings, (Mr.) Hamilton, (Ms.) Spychala, and (Ms.) Dunigan, Mayor McCarthy voting "aye".
       The Municipal Clerk read the following ordinance by title:
       AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER
       185 OF THE “BLOOMFIELD TOWNSHIP CODE,” AS
       AMENDED BY PROVIDING PARKING FOR PHYSICALLY
       LIMITED PERSONS (187 N. 17TH St., 118 Davey St., 20 Arch St.)

       Mayor McCarthy asked if there were any objections to the ordinance just read by the
Municipal Clerk. There were no citizens present who objected to the ordinance being passed.


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                                                                        Bloomfield, New Jersey 07003
                                                                                  November 20, 2006

       Councilwoman Dunigan moved the ordinance, on second reading which motion was seconded
by Councilwoman Maly. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.)
Ritchings, (Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilwoman Ritchings moved and Councilman Hamilton seconded the adoption of the
following resolution:




                                 RESOLUTION – RETIREMENT
                                    DANIEL CHRISTIANO

       WHEREAS, Daniel Christiano, Police Lieutenant in the Police Department of the Township
of Bloomfield, has retired from that position effective February 1, 2007 upon completion more than
29 years of service to the Township of Bloomfield and its inhabitants; and
       WHEREAS, the record which he has achieved in the performance of his duties in the service
of the community is deserving of suitable recognition and commendation:
       NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Bloomfield, New Jersey, that in the name of the people of the Township and in its name, it does
hereby commend the said Daniel, for his years of service and recognition is hereby given to the
service, which he has rendered. A copy of this resolution certified by the Mayor shall be presented to
Daniel Christiano.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
       Councilwoman Spychala moved and Councilwoman Dunigan seconded the adoption of the
following resolution:
                               RESOLUTION – ABC TRANSFER

       BE IT RESOLVED by the Township Council of the Township of Bloomfield that Plenary
Retail Consumption License No. 0702-33-036-010 of Tooke, LLC, 418 Broad Street, Bloomfield,
New Jersey be transferred to Los Andes Enterprises, LLC; and
       BE IT FURTHER RESOLVED that the approval of this Council of such transfer be made
by written endorsement thereof upon the face of the license in the form prescribed by law and become
effective at 12:01 A.M. on November 21, 2006.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.)
Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye". (Mr.) Hamilton abstained.


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                                                                      Bloomfield, New Jersey 07003
                                                                                November 20, 2006

        Councilman Hamilton moved and Councilwoman Spychala seconded the adoption of the
following resolution:
                           RESOLUTION – CHANGE ORDER #1
                        BROAD ST. STREETSCAPE IMPROVEMENTS

        WHEREAS the Township of Bloomfield entered into a contract for Streetscape
Improvements a grant the New Jersey Department of Transportation with D.L.S. Contracting Inc.,
633 Franklin Avenue, Nutley NJ 07110; and
        WHEREAS Change Order #1 increased the cost in the amount of $11,000.75 due to
unforeseen conditions; and
        WHEREAS the Township Council, based on the recommendation of the project consultant,
PMK Group and the Township Engineer, is satisfied that the change described should be approved;
and
        WHEREAS this change order was found to be beneficial and necessary.
        NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Bloomfield, New Jersey that Change Order No. 1, containing the change referred to in the preamble
hereof is hereby approved and the Financial Officer of the Township of Bloomfield is hereby
authorized to adjust the payment upon satisfactory completion this work.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, and (Ms.) Spychala (Ms.) Dunigan, and Mayor McCarthy voting "aye".
        Councilwoman Dunigan moved and Councilwoman Maly seconded the adoption of the
following resolution:
                            RESOLUTION – PURCHASE
            10 YARD/1000 GALLON COMBINATION SEWER CLEANER – DPW

        WHEREAS, sealed bids were received by the Purchasing Committee of the Township of
Bloomfield for a 10 C. Y./1000 Gallon Combination Sewer Cleaner for the Department of Public
Works on Monday November 6, 2006 in the Council Conference Room, Room 205 of the Law
Enforcement Building, Bloomfield, New Jersey, at 10:00 AM; and
        WHEREAS, the one bid received and referred to the Township Engineer; and
        WHEREAS, the bid included an optional trade-in amount for the Townships ODB
SCL800TM leaf machine and several other optional items (26.1 through 26.6); and
        WHEREAS, the Township Engineer after due consideration to the single bid submitted,
recommends that the contract be awarded to the lowest responsible bidder, which shall include the
optional trade-in and two (2) of the optional items as follows;

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                                                                         Bloomfield, New Jersey 07003
                                                                                   November 20, 2006

           Bidder                                                Amount
W.E. Timmerman Co. Inc.            Base Bid                                   $230,350.00
3554 Route 22 West                 Trade-in Allowance                          $30,475.00
Whitehouse, NJ 08888               Option 26.1 (grease manifold)                $3,550.00
                                   Option 26.3 (power-pump)                     $3,810.00
                                   Total Award Amount                         $207,235.00

        WHEREAS, funding is available in accounts C-04-55-971-969 and C-04-55-958-969.




        NOW, THEREFORE, BE IT RESOLVED by the township council of the Township of
Bloomfield, New Jersey that the recommendation of the Township Engineer be approved and the
contract be awarded t the successful bidder as shown and as more fully set forth in the engineer’s
recommendation to the Mayor and Council.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
        Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the
following resolution:
        WHEREAS, the Township of Bloomfield is the owner of the following Obsolete Furniture,
which are no longer needed for public use:
                                                               Recommended
      Furniture items            Condition                       Min. Bid

        166 Chairs                   Bad                All 166 Chairs for $250.00 or
                                                           Every 10 Chairs $20.00
         21 Tables                   Bad                    All 21 for $100.00 or
                                                              Each table $5.00

        WHEREAS, the Township of Bloomfield desires to authorize the sale of said obsolete
furniture at public sale pursuant to N.J.S.A. 40A:11-36, to the highest bidder.
        NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of
Bloomfield, Essex County, State of New Jersey, as follows:
            1. The Township of Bloomfield hereby declares that the obsolete furniture are not for
               public use.

            2. The Township of Bloomfield, its officers and attorney, are hereby authorized and
               directed to take any and all steps necessary to proceed with a public sale of said
               furniture.

            3. A notice of the date, time and place of the public sale together with a description of
               items and conditions of sale, shall be published in the Independent Press with the sale

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                                                                         Bloomfield, New Jersey 07003
                                                                                   November 20, 2006

                 being held not less than seven (7) nor more than fourteen (14) days after publication of
                 said notice. The furniture will be sold to the highest bidder above the minimum bid
                 price.

            4. No limit shall be placed on the numbers of items that can be purchased by any one
               bidder.

            5. This resolution shall take effect immediately.

        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
        Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the
following resolution:
                                     RESOLUTION
                           PROFESSIONAL SERVICES AGREEMENT

        WHEREAS, it is the opinion of the Mayor and Township Council of the Township of
Bloomfield, New Jersey that an agreement be entered into for a part-time Finance Department
Consultant for the remaining year 2006; and
        WHEREAS, said consultation is to provide Accounting Services; and
        WHEREAS, Alan Dickenson, RMA, 648 W. Country Club Drive, Egg Harbor City, NJ
08215 submitted a proposal to provide part-time consultation services at a cost not to exceed
$7,500.00; and
        WHEREAS, sufficient funding is available within the Finance Department operating budget.
        THEREFORE BE IT RESOLVED by the Township Council of the Township of
Bloomfield New Jersey that a contract be awarded to Alan Dickenson RMA to provide the above
services at a cost not to exceed $7,500.00.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
        Councilwoman Ritchings moved and Councilman Hamilton seconded the adoption of the
following resolution:
                                     RESOLUTION
                           PROFESSIONAL SERVICES AGREEMENT

        WHEREAS, it is the opinion of the Mayor and Township Council of the Township of
Bloomfield, New Jersey that an agreement be entered into for a part-time Finance Department
Consultant for the remaining year 2006; and
        WHEREAS, said consultation is to provide Accounting and Record keeping services; and

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                                                                      Bloomfield, New Jersey 07003
                                                                                November 20, 2006

        WHEREAS, Tammy Kopin, 70 Tooker Ave, Springfield, NJ 07081, will provide part-time
consultation services at a cost of $30.00 per hour; and
        WHEREAS, sufficient funding is available within the Finance Department operating budget.
        THEREFORE BE IT RESOLVED by the Township Council of the Township of
Bloomfield New Jersey that a contract be awarded to Tammy Kopin CMFO to provide the above
services at a cost of $30.00 per hour.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan, and Mayor McCarthy voting "aye".
        Councilman Hamilton moved that the following be awarded a license for 2006/2007:
RAFFLE LICENSE
Bloomfield Jr./Sr. Little League               (Tricky Tray)
40 Golf Road
Bloomfield, NJ 07003
MUSIC MACHINE LICENSE
Newark Bloomfield Elks Lodge #21                (2007 Renewal)
296 Bloomfield Avenue
Bloomfield, NJ 07003
which motion was seconded by Councilwoman Spychala and carried.
        There being no further business on motion of Councilwoman Spychala, seconded by
Councilwoman Dunigan, the meeting adjourned at 8:18 PM.




                                                          ______________________________
                                                           Louise M. Palagano
                                                           Municipal Clerk




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