City Council

As of 3:55 PM, 09/21/2022 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2022 ORDINANCES, COMMUNICATIONS AND ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA ORDINANCES SCHEDULED FOR HEARING-OLD O-1 Resolution postponing second reading and a public hearing of “AN ORDINANCE REFERRING THE REDEVELOPMENT PLAN TO THE PLANNING BOARD FOR CONSISTENCY REVIEW FOR THE REDEVELOPMENT PLAN FOR PROPERTY LOCATED AT 69-73 LEFANTE WAY AND ADOPTING SAID REDEVELOPMENT PLAN, PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ.” to the meeting to be held on Wednesday, October, 19, 2022. O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 21, HEALTH REGULATIONS. (Section 21-30-to prohibit the keeping, harboring, breeding and raising and/or caring for pigeons, chickens, rooster and all other farm animals within the jurisdictional limits of the City of Bayonne) Mun. Services ORDINANCES SCHEDULED FOR HEARING O-3 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING AN ENCROACHMENT AGREEMENT BETWEEN 957 BROADWAY URBAN RENEWAL, LLC FOR AN ENCROACHMENT OF PROPOSED VESTIBULES ASSOCIATED WITH A RESTAURANT TO BE LOCATED ON BLOCK 77, LOT 16.01. O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 5, ANIMAL CONTROL (Section 5-1 – adding additional definitions and adding Article VIII, Section 5-27 TRAP NEUTER RETURN PROGRAM) O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, NEW JERSEY, CHAPTER 35, ZONING REGULATIONS. (Section 35-5.13 H-C “Highway Commercial/Selected Light Industrial District and D35-5.17 “I-H Heavy Industrial District” to exclude certain area for Cannabis establishments) O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, NEW JERSEY, CHAPTER 39, RECREATIONAL CANNABIS. (Section 39-2 Preliminary application, review process, administration fee and support resolution; Section 39-3 Planning Board: Section 39-6 Term of License and license renewals; Section 39-7 Disciplinary Actions, Sanctions and Penalties) O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones-Add - 2) Public Safety PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION O-8 AN ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY APPROVING THE FORM AND AUTHORIZING THE  EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT WITH THE HUDSON COUNTY IMPROVEMENT AUTHORITY RELATING TO THE ISSUANCE OF UP TO $95,000,000 AGGREGATE PRINICPAL AMOUNT OF AUTHORITY’S CITY GUARANTEED LEASE REVENUE BONS AND ANY NOTES ISSUED IN ANTICIPATION THEREOF BY THE HUDSON COUNTY IMPROVEMENT AUTHORITY and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. O-9 AN ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY AUTHORIZING THE GUARANTY OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON NOT EXCEEDING $95,000,000 AGREGATE PRINCIPAL AMOUNT OF CITY GUARANTEED LEASE REVENUE BONDS TO BE ISSUED BY THE HUDSON COUNTY IMPROVEMENT AUTHORITY, FOR THE PURPOSE OF PROVIDING ADDITIONAL SECURITY THEREFOR AND DETERMING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH, and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS, and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. Amending Section 35- 17.6 Parking Space Requirements to correct the minimum space requirement for Industrial Uses to read one minimum space per employee or one per 1,000 square feet, whichever is greater. Mun. Services O-11 AN ORDINANCES AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS, and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. Amending “Parking Deficiency Schedule” under “Special Requirement” Mun. Services O-12 AN ORDINANACE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINACES OF THE CITY OF BAYONNE, CHAPTER 3, POLICE REGULATIONS, and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. Prohibiting the carrying or processing firearms in any municipal building, properties or school O-13 AN ORDINANCE AMENDING AND SUPPLEMENTING THE RECVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION and a resolution fixing Wednesday, October 19, 2022 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Raymond Vivino, Esq., filing notice of claim on behalf of EUFEMIA GONZALEZ, alleging injuries sustained as a result of a fall on the sidewalk in front of Bayonne High School on June 15, 2022, C-2 From CHRISTINE CONCEPCION filing notice of claim alleging damage to her windshield when it was struck by a baseball at Bayonne Little League. C-3 From ANTHONY GRALEWSKI filing notice of claim alleging injuries sustained when falsely arrested on June 11, 2022. C-4 From JENNA MILACHOUSKI filing notice of claim alleging damage to son’s trumpet when it was run over by a city employee on August 23, 2022. C-5 From the Superior Court of New Jersey in the matter entitled “ARNOLD LANDI vs. Alden Leeds, Inc. City of Jersey City, County of Hudson, City of Bayonne, et als” C-6 From Tax Court of New Jersey in the matter of “915-917 BROADWAY LLC vs. CITY OF BAYONNE”. Commercial C-7 From Tax Court of New Jersey in the matter of “HANAFY & MERVAT vs. CITY OF BAYONNE.” 1-4 Family Residential C-8 From Tax Court of New Jersey in the matter of “EMILO’S PROPERTIES, LLC vs. CITY OF BAYONNE.” Commercial C-9 From Tax Court of New Jersey in the matter of “CHOHAN vs. CITY OF BAYONNE”. 1-4 Family Residential C-10 From Tax Court of New Jersey in the matter of “ABDELMESEH vs. CITY OF BAYONNE.” 1-4 Family Residential C-11 From Tax Court of New Jersey in the matter of “411 BROADWAY LLS vs. CITY OF BAYONNE.” Commercial C-12 From Tax Court of New Jersey in the matter of “840 KENNEDY APARTMENTS, LLC vs. CITY OF BAYONNE.” Multi-Unit Residential C-13 From Tax Court of New Jersey in the matter of “1945 55 STREET BAYONNE, LLC vs. CITY OF BAYONNE.” Commercial C-14 From Tax Court of New Jersey in the matter of “33rd Street Apartments LLC vs. CITY OF BAYONNE.” Multi-Unit Residential OFFICERS’ REPORTS CONSENT AGENDA - Resolution ordering the following Officers’ Reports to be received and filed and any resolution incorporated within them to be adopted: OR-1 From Donna L. Mauer, Chief Financial Officer, reporting on vendor payments and recommending payment of same, and a resolution adopting the recommendation and ordering payment of claims. Finance OR-2 From the Hon. James M. Davis, Mayor appointing DONNA M. RUSSO as Business Administrator effective October 1, 2022 OR-3 From the Hon, James M. Davis, Mayor appointing SUZANNE CAVANAUGH as the Director of Municipal Services effective October 1, 2022. OR-4 From Donna L. Mauer Chief Financial Officer submitting the SUPPLEMENTAL DEBT STATEMENT as of September 21, 2022. RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday August 17, 2022. City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, August 10, 2022. City Clerk CR-3 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (12 properties) Tax Collector CR-4 Authorizing the advertisement of various Requests for Qualifications/Proposals for professional and/or extraordinary unspecifiable services for the upcoming calendar year commencing January 1, 2023 and ending December 31, 2023  pursuant to the fair and open contracting provisions set forth in N.J.S.A. 19:44A- 20.4 and N.J.S.A. 19:44A-20.5. Law CR-5 Authorizing the Mayor and City Clerk to execute an Addendum to an Access Agreement between Exxon Mobil Corporation, Roux Associates, Inc. dated October 13, 2017 for the purpose of remedial investigation activities at the ICI Subsite of the Former Exxon Bayonne Terminal (NJDEP Program Interest #014960) extending same through March 1, 2027 and amending the Scope of Work to include additional monitoring Well Locations. Law CR-6 Authorizing the purchase and installation of emergency lights, communications installation and vehicle markings for four (4) new police vehicles from ELITE VEHICLE SOLUTIONS, Lakewood, NJ under State Contract #17-FLEET-00749 for the total amount of $27,439.96. Chargeable to Bond Account #C-04-55-965-2210- 994. Public Safety CR-7 Authorizing the purchase of 200 Impress II Portable Batteries and Programming from MOTOROLA SOLUTIONS, Woodcliff, NJ under State Contract #83909 in the amount of $18,510.00 for use in the Police Department. Chargeable to Bond Ordinances O- 22-10. Public Safety CR-8 Authorizing the Mayor and City Clerk to enter into an agreement with Bayonne Family Community Center for residential services program in an amount not to exceed $15,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-9 Authorizing the Mayor and City Clerk to enter into an agreement with Team Wilderness for a program to visit nature and wilderness sites in an amount not to exceed $3,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-10 Authorizing the Mayor and City Clerk to enter into an agreement with Wallace Temple Community Activity Resource Enrichment site for the C.A.R.E.S living faith food pantry in an amount not to exceed $2,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-11 Authorizing the Mayor and City Clerk to enter into an agreement with Church World Service for refugee employment coach program in an amount not to exceed $5,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-12 Authorizing the Mayor and City Clerk to enter into an agreement with UCP of Hudson County for pediatric medical day care center in an amount not to exceed $22,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-13 Authorizing the Mayor and City Clerk to enter into an agreement with Community Day Nursery for preschool childcare program in an amount not to exceed $35,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-14 Authorizing the Mayor and City Clerk to enter into an agreement with Victory Hall for art instruction/development in the area of drawing and painting to adult/young adults developmentally disabled in an amount not to exceed $7,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CDBG CR-15 Authorizing the Mayor and City Clerk to enter into an agreement with Windmill Alliance for the HIGHWAYS program to provide community outreach services in an amount not to exceed $10,000.00 for a period of one (1) year commencing September 1, 2022 and ending August 31, 2023. CR-16 Cancelling taxes on 50% of Block 166, Lot 2 as being occupied by a qualifying 100% disabled veteran effective March 8, 2022 and authorizing the Tax Collector to refund in the amount of $4,121.28. Assessor CR-17 Cancelling taxes on 100% of Block 229, Lot 12 as being occupied by a qualifying 100% disabled veteran effective January 1, 2022, and authorizing the Tax Collector to refund in the amount of $6,352.00. Assessor CR-18 Cancelling taxes on 50% of Block 251, Lot 1 as being occupied by a qualifying 100% disabled veteran effective January 1, 2022, and authorizing the Tax Collector to refund in the amount of $6,005.00. Assessor CR-19 Cancelling taxes on 50% of Block 350, Lot 11 as being occupied by a qualifying 100% disabled veteran effective January 1, 2022, and authorizing the Tax Collector to refund in the amount of $6,694.00. Assessor CR-20 Authorizing an agreement with CLIFFSIDE BODY CORP., Fairview, NJ to purchase and install through ESCNJ STATE APPROVED CO-OP #65MCESCCPS bid #20/21-55 two new Galion 100USD-9Mason Dump Bodies in the amount of $18,320.00. Chargeable to Account No. 2-01-26-315-0000-030. Public Works CR-21 Authorizing the Purchasing Agent to advertise for bids for the improvements to the G. Thomas DiDomencio Municipal Pool Building. Public Works CR-22 Authorizing the Purchasing Agent to advertise for bids for the replacement of the G. Thomas DiDomencio Municipal Pool Liner. Public Works CR-23 Authorizing and directing the Mayor and/or his designee(s) is/are hereby authorized and directed to take all actions and execute any and all documents necessary to effectuate the Bergen Point Fall Festival occurring October 22, 2022 from 12:00 p.m. to 6:00 p.m. CR-24 Appointing KAITLYN MCNULTY Clean Communities Coordinator and authorizing her to submit all documents and applications pertaining to Clean Communities Grants. Public Works CR-25 Authorizing a warrant in the amount of $92,561.00 payable to the STATE OF NEW JERSEY for new construction and alterations for State Surcharge fees. Building CR-26 Authorizing the FY2022 UEZ Projects. Finance CR-27 Granting 5 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Approving Chapter 159 #1 in the CY 2022 budget, seeking permission of the Division of Local Government Services to approve the insertion of an item of revenue. Finance R-2 Authorizing the preparation of an area in need of redevelopment study for the CONSTABLE HOOK section of the City of Bayonne pursuant the Local Housing and Redevelopment Law, N.J.S.A. N.J.S.A. 40A:12a-1 et seq. Law R-3 Authorizing the request for proposals for Professional Planning and Engineering Services for Master Plan updates including but not limited to Sustainability and Resilience Elements, Infrastructure Planning and Professional Planning Services for preparation of an area in need of redevelopment and Redevelopment Plans including but not limited to the Constable Hook Section of the City of Bayonne pursuant the Local Housing and Redevelopment Law, N.J.S.A. N.J.S.A. 40A:12a- 1 et seq. Law R-4 Authorizing a closed session to discuss pending and/or anticipated litigation and/or negotiations between the City of Bayonne and other parties regarding (1) environmental litigation and (2) civil/administrative litigation pursuant to N.J.SA.10:4-12. Law TO BE ADDED AT MEETING ADD-1 Authorizing the Mayor and City Clerk to execute a Lease Agreement with the SHAMROCK SOCIETY OF BAYONNE, INC, to hold the 2022 Irish Festival to be held on Saturday, October 1, 2022 at 16th Street Park. Public Works ADD-2 Authorizing the Purchasing Agent to advertise for bids for the paving of Broadway. ADD-3 Authorizing the Purchasing Agent to advertise for bids for the paving of various streets.