The meeting was a Special meeting which dealt, in most part, with the status of redevelopment in Roselle Park. In addition, 14 resolutions were to be addressed and voted on. Mayor and all council members were present, with councilman Robert Rubilla joining the meeting in progress. Also in attendance were Doreen Cali (Borough Clerk), Kenneth Blum (CFO), Jeff Surenian, and Chuck Lettini. The meeting opened up with an update from attorney Jeff Surenian which was followed by the public comment portion from those in attendance.

Mr. Surenian described how the Borough initiated a plan for redevelopment. In talks with Israel Braunstein, property owner of the Romerovski Corporation site, he reached out to the Borough and community to be part of that plan. Mr. Braunstein entered into an agreement with the Borough to start a process of having developers come before the Borough and residents in order to talk about and show their plans to the public and thereby, allow input from the community. In the process of redevelopment effort, the Borough realized that it needed to address the requirements put into effect from the Mt. Laurel decision in order to comply with affordable housing and senior housing. Mr. Braunstein, unbeknown to the Borough, then entered into a private, closed contract with developer AvalonBay. It is then that things turned from an amicable relationship with the Borough into an adversarial one and Mr. Braunstein turned around and sued the Borough.

A summary judgment procedure was started by the Borough or Roselle Park and Roselle Park, LLC (a partnership formed by Israel Braunstein and AvalonBay) where both sides go before a judge and offer the merits of their arguments as to why each side is right in their stance. This is not a trial. On December 17, 2007 both sides laid out their history with relation to the suit. The judge ruled against both parties on certain points of each argument and required both parties to meet in 90 days and begin mediation with an appointed “Master” (title given to a mediator). The Master wants to meet with both parties on February 5, 2008.

The Borough wants to keep progress and status of redevelopment open to the public but mediation may keep that from happening.

The judge in the case left open that she may reach decisions she did not address if mediation does not work. Previously she ruled against the Borough in their argument that Mr. Braunstein basically sued the Borough when he was being helped. She did leave her decision open on the argument that AvalonBay undermined Roselle Park and not only went against the community with residents who expressed a distaste to the proposed development plan of apartments but that AvalonBay used their resource and influence to threaten other developers from coming into Roselle Park to offer their plans to the public.

The Mayor stated that one reason the Borough is in litigation with Roselle Park, LLC is that when the process started, the location of the Romerovski Corporation was made into a Redevelopment Zone under the “New Directions” Plan and Mr. Braunstein was part of that plan. The Borough does not want to be told after all the time and resources and money used in the process that an outside party could come in and tell the town what should go there. AvalonBay has made an assertion that they want to put a total of 300 apartments at the location. The Borough wanted an open process and it has become a closed-door dealing with Mr. Braunstein and AvalonBay, with them saying that they don’t care what Roselle Park says, they are going to make their money and walk away.

Public Comment Portion

Jacob Magiera

Was there a verbal agreement between Israel Braunstein and the Borough of Roselle Park?

• Mr. Braunstein, in court records, admitted to having an agreement with Roselle Park. Mr. Liddell, as a representative of AvalonBay, stated to forget about the open process – an allegation that he denied. If the judge finds that Mr. Liddell lied, it could be considered a breach of contract.

Is there enough of sewer flow capacity to handle 300 apartment?

• The Borough has the capacity to handle that amount of accommodations.

Mr. Magiera gave his opinion that, should it come to fact that the apartments are developed, could the Borough request from the developer to pay for the cost associated with having additional children in the school system?

• Under New Jersey Law, no, that cannot happen.

Years ago, there was talk of having the property condemned. What happens if the developer wins out?

• The Borough would not have the power to condemn the property since it did not do it before the redevelopment. There was talk of that in the opinion during the summary judgment procedure.

Nancy Kinloch

Would the developer do both sides of the property that is divided by the Gordon Street?

• Yes

What is the definition of luxury apartments, which is what AvalonBay is stating they want to develop?

• There is no answer to that. The developer has done other projects and although they are not unattractive, they have never unveiled their intended plan to the Borough before starting work. AvalonBay even tried to suppress their plans in discovery.
• Mr. Lettini stated that the Borough would need to see what is being proposed. The Borough took considerations, such as school age children, as part of the design criteria when factoring the development. there is no information from AvalonBay on their factoring of Roselle Park into their plan.

Gregory Kinloch

Does the Mount Laurel decision address affordable housing and senior housing?

• Yes. According to the decision, a certain percentage of affordable housing must be one-bedroom units, a certain percent must be three-bedroom units, and the rest two-bedroom units.

The building was used for radio. Has the soil been tested?

• discovery demands on that topic by the Borough were found to be burdensome by the developer. The judge placed a stay on this until after mediation. The Borough attempted to gather information independently through OPRA to the DEC. They did not see a problem from what could be gathered but the Borough is not the owner of the land.

Carl Hokanson
Would this go through the planning board and the zoning board?

• If mediation fails, there will be a trial. The process was supposed to involve Israel Braunstein working with Roselle Park, but now, Mr. Braunstein is suing the Borough. If there would be a need to re-zone, residents would have an opportunity to to express their views. If it goes before the planning board, the residents would have an opportunity to express their views.
• On December 17th, COAH (Council On Affordable Housing) proposed new regulations and the Borough is now trying to work with a new set of regulations that have been proposed but not adopted. This factor may need a “master” at the state level to address any new regulations that may affect legal decisions.

Will this be going on for a while?

• Yes.

Gregory Kinloch

Was Romerovski part of the Master Plan?

• Yes. The plan urged multiple use development with a mixed use site (retail, commercial, residential)

Jeanine Goodis

Is AvalonBay only an apartment developer?

• So they say. Unfortunately, due to the present housing downturn, apartments are more attractive enough to pursue. Rental property is more attractive to people due to mortgage rates right now. Developers find Roselle Park attractive enough with access to mass transit, a downtown that has room to grow, and the small town advantage to want to develop here.

Ricky Badillo

On the topic of condemnation, would the property be able to be taken away? What would the advantage and disadvantages be of having that?

• Mr. Surenian stated he wanted to stay away from that topic for now.

Loren Harms

Mr. Harms stated that he agrees, this situation will drag out a long time. As a councilman, he and the council asked the residents what they wanted and proceeded with the plan after input from residents. Now a developer has come in with apartments. Councilman Harms wanted to make sure that residents know why the Borough took the course it did. The Borough is not going to condemn the property, the Borough is going to fight. That will cost money. He asks that the residents stick by council, to stick by the community. Do not give up on it because the Borough will fight. If residents do not want the plan proposed by AvalonBay, they have to fight.

Jeff Surenian stated that the borough went out of its way to make things an open process.

Phil Woods

His concern is the children and the school age children. If it turns out to be 300 to 600 families with children, what schools are going to house them?

• The presumption should not be made that 300 units will be built. A developer being a pig is not unusual (asking for more than they can get). Regardless, a municipality is not allowed to zone on the basis of school aged children.
• Chuck Lettini stated that although the numbers vary by location, a Rutgers study showed a dramatically lower number of school aged children than expected for new developments. In general, they are finding the ratio to be one to two children per every 100 units.

What about Sunrise Village? How many families in that complex send children to borough school? How many units are in that complex?

• There were no specific numbers available offhand but it could be looked into. There were a higher number of children from that complex than others in the borough but realize that Sunrise Village deals with Section 8, the market rate. With condominiums in Roselle Park, there are not as many children going to borough schools.

Glen Marczewski

there used to be a state law in effect regarding open space. Could the Borough take development land and make it open space?

• Yes.

Paul Endler

It appears that re-zoning the Romerovski Property to an ‘Area in need of redevelopment’ has caused this problem. What if that zoning is eliminated?

• It was efforts to comply with the re-zoning that appears to have caused the suit, not the re-zoning. The Borough cannot turn back now and remove the zoning since the Borough itself has plans to redevelop the land.

Dorothy Rossman

The developer in Jersey City turns a warehouse into expensive lofts. They are extremely expensive and how can the developer satisfy Mt. Laurel? Will the affordable housing be in the same building complex?

• If the development is 100% rental units, the law encourages affordable units in the same building.

Jean Marro

The corner of Faitoute/Gordon and Westfield is very dangerous. There have been accidents and incidents. having children and people cross that highway may be the preventative measure to have families with children to move there.

Jacob Magiera

There is a concern with apartments being a business, landlords apply for tax appeals and consistently get them. can that be removed from this development?

• In order to address tax appeals, there would be a need to re-evaluate housing values in the Borough. in this market not many residents would be willing to do that. Also, in Roselle Park, the rate of market value with apartments is 21%. If it were increased to 100%, then tax appeals could be removed.

If the Jack Seeger report available?

• It was not a report, it was a sketching rendition.

Rick Matarante

Originally, were the opponents going to be at this meeting?

• No.

Glen Marczewski

How much is this process going to cost Roselle Park?

• The final tally is not known.

Could there be age requirements for condominiums?

• These units are non-age restricted. The Borough is not proposing age requirements.

Carl Hokanson

Has the burden on extra police, fire, emergency services and other municipal services been taken into account?

• Yes.

Patricia Pagnetti

How many stories (floors) are proposed for the development? Could there be a height restriction?

• The Borough, nor anyone really, knows since the developer has never shown anyone the plans.

Lori

Will these units have rent control?

• There will be no rent control measures.

Nick Pagnetti

At what point will the developer need to give disclosure of their plans?

• Most likely at the mediation.

Larissa Chen-Hoerning

Is there any precedence from other communities on how to handle this matter?

• The case of Toll Brothers, Inc v. the Township of West Windsor would be one case but in most instance, developers have the upper hand since they have money and resources. Most municipalities end up giving up due to the cost associated with fighting.

Jacob Magiera

To answer a previous question on possible height restrictions, Roselle Park has a 100-foot ladder on their fire truck, which would be able to reach a four-story building.

Unnamed Resident

With the zoning board and the housing units, could the land have been zoned for commercial use, which would allow for ratables? Could we go back to that option?

• The Borough is in a different place now and we cannot go back.

Why did the Borough want to redevelop the location to become residential?

• Mr. Braunstein had originally had his location zoned only for industrial. Roselle Park thought about changing it to commercial/ residential with the ground floor being retail and the rest being residential; no taller than three (3) stories. The stumbling block was the bridge which prohibited big retail stores from developing there. It was then considered for more residential than commercial with added bonus provisions for historic preservation (Marconi).

Unnamed Resident

Will the development provide for parking?

• Yes, presumably underground parking.

Nancy Kinloch
How long has this case been going on?

• Roselle Park, LLC sued the Borough of Roselle Park on February 15, 2007.

Jacob Magiera

Did Mr. Braunstein ask to have the zoning changed?

• No.

Did he agree to it?

• He had no say in the matter.

Is there any legal ramification of being a partner?

• None.

Patricia Pagnetti

Will the developer be the owner of the property and is the developer a U.S. company?

• The Borough has no idea if it is an American company but legally, it is not relevant.
• The developer would be able to sell the rights to anyone it wishes once the project is done.

In closing, Jeff Surenian and the Mayor wanted to stress that Roselle Park demands to have the status of development remain an open process. Unfortunately, a gag order may prevent that from happening. Regardless, the Borough wants the residents to be part of the process.

The public portion was convened and, after a short recess, the meeting resumed.

The Motion that Bills & Payrolls Not Be Read and Motion that Bills & Payrolls Be Passed For Payment were all voted on and carried.

Resolutions

• Resolutions 278-07 and 279-07 were removed from consensus by Councilman Dinardo. Resolution 282-07 was removed from consensus by Councilman Matarate.
• Resolutions 269-07 through 277-07, 280-07, and 281-07 were moved, voted on, and approved.
• Councilman Dinardo asked the reason for both resolutions since it appears that the borough negotiated for crosswalks then immediately gave out the contract. The Borough Clerk bid the project out twice and both bids were rejected for being too high. The Borough Clerk was then authorized to negotiate a price with the bidders to have the project come in under the budget. The project has been scaled back to only six (6) crosswalks.
• Additionally, Resolutions 279-07 and 282-07 go together. They deal with projects and costs that were budgeted months ago. If both pass, there will still be $500 left.
• Resolution 278-07 was moved, voted on, and approved.
• Resolution 279-07 was moved, voted on, and approved with councilman Rick Matarante voting ‘No’.
• Resolution 282-07 was moved, voted on, and approved with councilman Rick Matarante voting ‘No’.

Councilman harms wanted to remind everyone that bulk pick-up will occur on January 9th on the East Side of town and on January 10th on the west side, unless there is snow over three (3) inches. The rain dates are January 23rd and 24th respectively.

The meeting was adjourned at 8:20 p.m.

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Roselle Park Redevelopment Meeting (2007-08-22)

The redevelopment update meeting was led by Mayor Joseph DeIorio and borough clerk Doreen Cali. Councilmen Rick Matarante, Larry Dinardo, and Ricky Badillo, as well as Kenneth Blum were also in attendance. Councilmen Harms and Yakubov were both out of the state and Councilman Rubilla was attending to business matters.

The mayor stated the meeting was an update from January as to the various aspects of Roselle Park’s redevelopment, which included the downtown district, the Romerovski property, and Westfield Avenue.

The downtown business district, also referred to as “the ‘T’ District”, is the area on Chestnut Street from Grant Avenue to Westfield Avenue and continues on both sides of Westfield Avenue at the Chestnut Street intersection. The Special Improvement District (SID) was started so the business community could govern themselves and have a means to communicate with the governing body to address their needs. An SID board was voted upon and approved, consisting of six borough business owners and/or representatives.

The borough has formed a partnership with the downtown area to improvement the area’s aesthetics.

• Lamps had their globes replaced by PSEG
• New burgundy benches are to be installed in the coming weeks
• New garbage cans
• Flower Pots
• Tree wells have been installed
• Antique meters (those with problems have been identified and are being addressed)
• Meter covers
• Sidewalks power-washed
• Chestnut Street paved by the county
• Street signs are being replaced

All these improvements are to contribute to the area’s ‘wow’ factor and are to maintain unity not only in image but aesthetics. The mayor stated that areas of downtown are sloppy and need to be addressed and kept up.

The Casano Community Center, as part of the New Directions Plan, is having improvements made. The building, built in the 1980s, is having work done on the inside and outside. Tiles are being replaced inside and the borough is looking for volunteers to paint both inside and outside of the building. The concrete slab in front of the center is being dressed up to make it more pleasing to the eye. The benches from the downtown area are being refurbished and put in front for people to have a place to sit. Additionally, sod is being put in the front area. The chain link fence is being removed and replaced with a more appealing one. This is the first pilot project of the redevelopment.

New “Welcome” signs, at no cost to the borough, are being created. The business that will be placing the signs will have them subsidized through advertising.

The center divider is being addressed. The borough has applied to a program through NJDOT and has had their request for a free planning service accepted. The program will help find funding for any course of action that is decided upon.

The former “Tavern In the Park” has been replaced with Solar do Minho II and is scheduled to open to the public at the end of September. Tony Montiero, a principal of the establishment, gave a presentation which showcased Solar do Minho II as a restaurant and banquet hall. Mr. Montiero stated that Solar do Minho II, a Brazilian steakhouse, will offer an old-world feel with high ceilings. There will be a bar, a garden on the side of the building and parking. There is additional valet parking across the street (140-160 cars). The property next door, an auto body shop, was also purchased to allow for additional parking (about 65 cars). Solar do Minho has two (2) banquet facilities – one can accommodate 350-400 people and the other can seat 300 people. The building is surround by lanterns outside. There will be a grand opening the third or fourth week of September. The hall already has 28 wedding booked.

After the presentation, Mr. Montiero took questions from the audience in attendance:

Is Solar do Minho planning entertainment (jazz music, adult contemporary), not club, DJ?
Initially, Solar do Minho will concentrate on its facilities. There may be old-world guitars from time to time to add to the ambience. The establishment is not interested in becoming a dance hall, per se. It took the residential neighbors into consideration and addressed any foreseeable instances from aesthetic fencing to water run off.

Will Solar do Minho be working with local businesses? Florists? Limos?
Yes, the establishment plans to work with local businesses. They will have an open house for local professional photographers, florists, etc.

Will Solar do Minho hire local employment?
Yes. The chefs and specialized service has already been hired but the steakhouse is looking to employ 80 – 85 people.

With all the expected business (up to 700 patrons) and employees (around 80), how will parking be handled?
Solar do Minho has an ample parking lot next door, a leased parking lot across the street, and it has leased a property next to the valet parking area to park more cars and house employees (chefs) and their families. There is a shuttle service for employees and residential property owners next to the steakhouse have expressed interest in selling, which would allow for more space.

The mayor then continued with the redevelopment update. He wants to instill a sense of pride. To that end, “Proud To be Roselle Park” signs were donated by Schering Plough. Litter signs, created by a borough resident, have also been adopted and will be distributed.

The Romerovski site has issues. Israel Braunstein, owner of the property, has gotten together with AvalonBay, a high-end apartment developer, and created Roselle Park, LLC. The Limited Liability Corporation (LLC) is suing the borough of Roselle Park, stating the borough has not met its fair share housing requirements. According to the mayor, amid a public notice to have developers openly present their ideas to the community, AvalonBay contacted Mr. Braunstein and wanted to be the only developer for the property. The borough stated that this was not the course of action agreed upon. The lawsuit has now stalled the process. This will cost the borough money in order to defend the process and its stance but it is necessary, stated the mayor.

The mayor then fielded questions, comments, and concerns from the audience in attendance:

Concealed public drinking, littering, and loitering not being addressed by the police department.

There are ways to address the public social problems in Roselle Park. Crime Prevention through Environmental Design. There is a website at http://www.cpted-watch.com/ that might be of interest to the borough and residents.

The Homestead Project can get areas of Roselle Park on the Historic register and allow for protection against unwanted development. This would be a challenge since it would required a formed partnership and would take years but it could protect Roselle Park from future endeavors that might go against the borough.

An audience member stated that the real problem with Roselle Park’s development is not Romerovski but Sullivan Chevrolet, Somerset Tires, and STS. It does not make Roselle Park look historic nor is it inviting to visitors. It makes it look like a poor looking community. The mayor stated that the issue with this area is money.

Former mayor Helen Ryan spoke with regard to what is commonly known as “The Ryan Property”. She stated that the NJDOT will analyze the property and come up with solutions. She just came from a meeting with the architect and engineer and is getting everything together to go before the board.

A resident asked what could be done to make the section from the Garden State Parkway (GSP) to the ‘T’ district more attractive to visitors and businesses.

The mayor stated that 230 Westfield Avenue, known as Domani’s, is planning a redevelopment to allow for stores on the first floor and possibly condominiums on the second floor. The property owner will go before the zoning board on October 23rd. Plans are available at borough hall.

A resident asked if senior (adult living) housing can address the low income housing requirement. The mayor stated that it can.

A resident stated that downtown lacks diversity and that it is not a ‘shopping downtown’ but a ‘need-to-go’ downtown. The resident, a business owner in Roselle Park, stated that she has not been contacted by the SID yet and the borough needs focus and a vision for the shopping district.

The meeting closed with a question off topic, regarding bulk pick up. The mayor stated that due to budget constraints, the number of bulk pick ups had to be reduced but the borough is looking for one more bulk pick up one more time before the end of the year. A bulk pick-up service will still be in effect next year.

Some residents asked for more public notice and advertising of meetings such as the redevelopment meeting to get more residents involved. This is to involve not only notices on web sites and automated phone calls but old-fashioned flier distribution at churches, school, community centers, and businesses.

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