Bernardsville council adopts $2.7 million bond to support affordable-housing site work amid public objections

Bernardsville's governing body on a final reading adopted a bond ordinance to appropriate $2.7 million to provide a grant for site work associated with construction of affordable housing, closing a public hearing that drew extended public comment from a resident who urged the council to hold the developer to its original contract terms.

The ordinance, numbered 2025-2023, authorizes the issuance of $2,570,000 in bonds or notes to finance the appropriation. The council moved and passed the ordinance by roll call; one council member recorded an abstention.

Why it mattered: the bond funds are intended to replenish the borough's affordable-housing trust fund and support site work for scattered-site affordable developments that the borough previously contracted for. A resident who identified himself as Aaron Jeff questioned whether the developer (referred to in the hearing as RPM) remains contractually responsible for construction costs and whether the contract is subject to the local public contract law, prevailing-wage rules or the public-works registration act.

'I'm concerned that we're being asked to 'pick up this $2.7 million,'' Aaron Jeff said during the public hearing, asserting that the development agreement originally required the developer to finance design and construction without taxpayer contributions.

Jeff urged the council to reject the ordinance, demand assurances from the developer that it will fulfill its prior obligations, and, if necessary, consider rebidding the work and pursuing specific performance in court.

Council and staff response: borough staff and members answered questions during the hearing and stated that the bond proceeds are intended to be paid from the borough's affordable-housing trust fund, which is funded by development fees and not the general-purpose municipal budget. The council closed the public hearing, moved to adopt the ordinance on final reading and recorded a roll-call vote with one abstention.

The record and next steps: the council registered the ordinance on final reading and adopted it during the meeting. Council members said the measure will allow the borough to meet commitments in its affordable-housing plan by using the trust fund to finance site improvements that facilitate construction. The public commenter also asked the municipal attorney to provide a written response to outstanding procurement and statutory questions, which the council indicated would be provided.

Votes at a glance: the council passed Ordinance 2025-2023 on final reading; one member abstained. Specific vote tallies were recorded at the meeting roll call.

Context: residents and the council discussed earlier contract and procurement steps taken in 2018 for a scattered-site affordable-housing project. The commenter asserted the original development agreement included an integration clause and allocated construction risk to the developer; he said the current request for public funds conflicts with that earlier agreement. Council members responded that the funding source for the bond is the affordable-housing trust fund and that staff will provide additional documentation in response to the resident's written questions.

What to watch: the resident requested written follow-up and indicated potential legal action if the borough or the developer does not pursue contractual enforcement. Council staff said they will respond in writing to the questions about contract applicability and procurement statutes.