City Council

11:43 A.M./10/18/2023 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING OCTOBER 18, 2023 ORDINANCES, COMMUNICATIONS AND ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA ORDINANCES SCHEDULED FOR HEARING O-1 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING AN AMENDED AND RESTATED FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND BAYONNE REDEVELOPERS RESIDENTIAL BLOCK 780 URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 155 GOLDSBOROUGH DRIVE, WHICH IS IDENTIFIED AS BLOCK 790, LOT 1.01 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING AN AMENDED AND RESTATED FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND BAYONNE REDEVELOPERS RESIDENTIAL BLOCK 780 URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 110 GOLDSBOUROUGH DRIVE, WHICH PROPERTY IS IDENTIFIED AS BLOCK 722, LOT 1 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE O-3 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND B9 LEFANTE OWNER URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 69-73 LEFANTE WAY, WHICH PROPERTY IS IDENTIFIED AS BLOCK 412, LOT 3 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY 0-4 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING THE AMENDED AND RESTATED FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 26 NORTH AVENUE URBAN RENWAL LLC FOR THE PROPERTY LOCATED AT 26 NORTH STREET, WHICH IS IDENTIFIED AS BLOCK 297, LOT 3 AS SHOWN ON THEOFFICIAL TAX MAP OF THE CITY O-5 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, SATE OF NEW JERSEY APPROVING AN AMENDED AND RESTATED FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 197 AVE. E URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED 197 AVENUE E, WHICH PROPERTY IS IDENTIFIED AS BLOCK 221, LOT 12.02 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY O-6 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A REDEVELOPMENT PLAN FOR THE PROPERTY LOCATED 80-84 EAST 25TH STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 442, LOT 14 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.SA. 40A:12A-1 et seq., O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC (Section 15, “Parking Prohibited At All Time on Certain Street- Goldsborough Drive) O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC (Section 7-27.1 U-Turns Prohibited- for the entirety of Broadway) O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC (Prohibiting Left hand turns as all times at the intersection of 11 th Street and Avenue E) O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones-Add (2) Reassign (1) PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION O-11 AN ORDINANCE OF THE CITY OF BAYONNE APPROVING AN ENCROACHMENT AGREEMENT WITH MECHANIC STREET PARTNERS NJ, LLC FOR THE PROPERTY LOCATED AT 130-134 AVENUE F, WHICH IS IDENTIFIED AT BLOCK 450, LOT 1.01 and a resolution fixing Wednesday, November 8, 2023 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-12 AN ORDINANCE OF THE CITY OF BAYONNE APPROVING AN ENCROACHMENT AGREEMENT WITH 197 AVE. E URBAN RENEWAL LLC FOR PROPERTY LOCATED AT 197 AVENUE E WHICH PROPERTY IS IDENTIFIED AS BLOCK 221, LOT 12.02 and a resolution fixing Wednesday, November 8, 2023 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-13 WITHDRAWN O-14 AN ORDINANCE OF THE CITY OF BAYONNE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 37, HISTORIC PRESERVATION and a resolution fixing Wednesday, November 8, 2023 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. (Section 37- Declaring the Elco PT Boat Crane as landmark) O-15 AN ORDINANCE AMENDING AND SUPPLEMENTING THE RECVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC and a resolution fixing Wednesday, November 8, 2023 at 7:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. (Restrictive Parking Zones-Add (5 Delete (3) DELETE #007. John Breen – 23 East 34th Street #243. Agustin Caamano – 330 Avenue E #338. Adele Gull – 11 O’Brien Court ADD #059. Mario Castillo – 78 Prospect Avenue #061. Miguel Collazo – 81 West 18th Street #063. Angelina Falcicchio – 7 Elna Court #068. Ellen McMurray – 38 West 19th Street #070. Lisandra Santiago, for her son – 13 West 17th Street COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From RAMON LOPEZ filing notice of claim alleging damage to her automobile when struck by a fire truck on West 10th Street on September 5, 2023. C-2 From CHARLES TORRELLA, JR., filing notice of claim alleging wrongful death of his father Charles Torrella, Sr. on June 30, 2023. C-3 From Kevin J. Knorr, Esq., filing notice of claim on behalf of SANDRA GUERRA alleging personal injuries resulting from a fall at Costco on August 8, 2023 C-4 From Joseph E. Collini, Esq. filing notice of claim on behalf of FLORENCE IAPICCA alleging injuries sustained when her wheelchair became stuck in a pothole on East 28th Street and Avenue E on April 1, 2023. C-5 From Joel Silberman, Esq., filing notice of claim on behalf of KELVIN ORTIZ alleging injuries sustained resulting from being shot by Bayonne Police Officers on July 13, 2023. C-6 From WAEL HANNA filing notice of claim alleging property damage to his automobile when it was struck a police vehicle. C-7 From DONOHUE, BIRONDA DORIA & TOMKINS the Annual Report of Audit for years ending December 31, 2021 and 2022. 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 Purchasing Agent reporting on bids received for G. THOMAS DIDOMENICO MUNICIPAL POOL BUILDING ROOF REPLACEMENT on October 11, 2023. (1 Bidder) 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. (10 properties) Tax Collector CR-4 Accepting the CY2023 Older Americans Act of 1965 Grant, Midyear & Carry Over Allocation in the amount of $57,359.00 with a local match of $14,339.75. Finance CR-5 A resolution accepting the CY2023 Congregate Meals Grant, Midyear & Carry Over Allocation in the amount of $272,333.00 with a local match of $68,083.25. Finance CR-6 Approving Chapter 159 #4 in the CY 2023 budget, seeking permission of the Division of Local Government Services to approve the insertion of an item of revenue. Finance CR-7 Requesting the Director of the Division of Local Government Services make such a correction of the title, text or amount of an appropriation appearing the CY2023 Budget to make said item of appropriation available for the purpose required for the needs of the City. Finance CR-8 Accepting the FY2023 Patrick Leahy Bulletproof Vest Grant in the amount of $46,922.40. Finance CR-9 Authorizing the purchasing agent to purchase under NJ State Contract #17- FLEET-00819 45 SCBA air cylinders from FIREFIGHTER ONE, Sparta, NJ for use in the fire department for the total amount of $48,814.50. Fire CR-10 Authorizing the purchasing agent to purchase an IDEMIA Fully Integrated Live Scan Fingerprint and Mug Shot Processing system and maintenance support under State Contract#T3083 in the amount of $28,258.00 for use by the Police Department. Public Safety CR-11 Authorizing the Fire Department to sell as scrap or at auction the following vehicles and miscellaneous equipment: 1993 Ford Rescue Vehicle 2006 Chevrolet Impala 2001 American LaFrance Fire Engine CR-12 Authorizing the Purchasing Agent to purchase 8 sets of structural firefighting turnout protective gear and 4 pairs of structural firefighting boots from SKYLANDS AREA FIRE EQUIPMENT & TRAINING LLC for the amount of $30,726.56, purchase to be made under NJ State Contracts #17-FLEET-00809 AND #17-FLEET-00810. Fire CR-13 Adopting a revised Deferred Compensation Plan for the purpose of making available employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan (Plan Document Identifier 81-PD-VALIC-103111). CR-14 Authorizing the Mayor or his designee to apply for & execute all documents pertaining to the FY24 NJ DHTS Drunk Driving Enforcement Grant. Finance CR-15 Amending Resolution 23-08-16-083 that authorized an amendment to Agreement No. CY23-044 with T & M Associates for professional engineering services with respect to the hydraulic modeling in connection with the City’s sewer system for a total amount of $390,000.00 to increase same in the amount of $50,000.00 for services needed in connection with the City’s review and analysis of particular development applications payable from developers’ escrow accounts to reflect the rates for said professional engineering services shall be payable pursuant to the hourly fee schedule provided by T & M Associates. Law CR-16 Authorizing a contract with SHI International Corp. for Parking Permit System for the City of Bayonne’s Parking Utility through the New Jersey Cooperative Purchasing Alliance for an amount not to exceed $52,248.05 through to December 31, 2023. Chargeable to Account No. 3-05-55-501-0000-199. CR-17 Authorizing an amendment to Agreement No. CY23-043 with SIMS MUNICIPAL RECYCLING, Jersey City, NJ for the receipt and marketing of recycling materials for an amount not to exceed $150,000.00 with two (2) possible one (1) year extensions to increase said contract in an amount not to exceed $100,000 through the end of the initial contract term of December 31, 2023. Chargeable to Account No. T-12-56-804-0000-199 CR-18 Authorizing an increase to Agreement with INTEGRATED MICRO SYSTEMS, INC. for Information Technology (IT) Maintenance, Support and Procurement Consulting Services for the period commencing March 1, 2023 through December 31, 2023 for an amount of $100,000 increase same in the amount of $20,000.00 for additional IT maintenance and support services thereby making the total contract amount not to exceed $120,000. Chargeable to Account No. 3-01-460- 000-029. CR-19 Authorizing the procurement and installation of f new e-mail systems for the Police Department from INTEGRATED MIRCO SYSTEMS, Haledon, NJ through the NJCPA Bergen County Coop #11-BeCCP Bid #22-24 for a total amount of $91,994.00. Chargeable to Account No. 04-55-925-1666-99 CR-20 Accepting the CY2023 Peer Grouping Grant in the amount of $7,895.00 from the County of Hudson. CR-21 Accepting the Stormwater Assistance Grant in the amount of $25,000.00 from the New Jersey Departmental of Environmental Protection CR-22 Authorizing a second amendment to Agreement No. CY20-095 with the BAYONNE PAL to provide CDBG CV funds for child-care program PPE supplies and to cover the cost of additional teachers for the after school homework program in the amount of $23,000.00 increasing same in the amount of  $15,000.00 to cover the cost of hiring high school students for the after school homework program, thereby making the total contract amount $38,000.00. CR-23 Awarding contract to pursuant to Non-fair and Open Process to ** for the amount of $20,000.00 for traffic count studies in furtherance of the City's Highway Access Permit applications. CR-24 Authorizing the execution of one or more Deed Notices/Notices in Lieu of Deeds in connection with environmentally compromised properties within the City of Bayonne. END OF CONSENT AGENDA R-1 Awarding contract to GRAYSON CONTRACTING CO., INC., Millstone, NJ for G. THOMAS DIDOMENICO MUNICIPAL POOL BUILDING ROOF REPLACEMENT for the contract amount of $310,875.00. Chargeable to Account No. R-2 Affirming that the council members have read, at a minimum, the comments and Recommendations section of the CY 2022 audit, and an affidavit certifying that they have done so. City Clerk R-3 Amending Resolution 23-08-16-079 designating property located at Newark Bay – 1st to 3rd Street, 4-22 Avenue A, 247-251 West 1st Street and 218-222 West 2nd Street and designated as Block 332, Lots 1, 6, and 7; Block 333.01, Lot 7 and Block 373, Lots 1, 2, 13 and 14 as a Non-Condemnation Area pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”) to correct a scrivener’s error. R-4 Authorizing the Mayor and/or his designee(s) to enter into a Tax Appeal Settlement Agreement with AMV Esposito Group, LLC for Block 220 Lots 24, 26 & 18 which property is located at 435-437 Broadway, 10-12 W. 20th Street and 11-13 W. 19th Street and authorizing the Mayor and/or his designee(s) to take any action necessary to effectuate this resolution and resulting judgement. Assessor R-5 Authorizing the execution of an amendment to the Redevelopment Agreement by and between the City of Bayonne and 746 AVE E BAYONNE URBAN RENEWAL LLC, for the property located 736-742 Avenue E, which is identified at Block 393, Lot 3.01 as shown on the official tax map R-6 Authorizing and directing the Planning Board to conduct a preliminary investigation to determine whether the property located at 120-122 West 33rd Street, which is identified as Block 143, Lot 28 on the official tax map of the City, constitutes a non-condemnation area in need of redevelopment and directing the Planning Plan to prepare a redevelopment plan for said property pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. R-7 Authorizing and directing the Planning Board to r-open and consider amendments to Redevelopment Plan for the property located at 87-97 West 23rd Street and 63085 West 23rd Street which property is identified as Block 194, Lots 1 and 2 as shown of the official tax map of the City. (Former Our Lady of Assumption Church and School Site). R-8 Authorizing a closed session to discuss matters involving the settlement litigation pursuant to N.J.S.A. 10:4-12. Law TO BE ADDED AT MEETING ADD-1 Authorizing a warrant payable to ROYAL PRINTING SERVICES, West New York, NJ in the amount of $41,500.00 representing the city’s share of printing costs for the Primary Election ballots. Chargeable to Account 3-01-20-122-0000-036. City Clerk ADD-2 Authorizing an amendment to the License Agreement with the BAYONNE YOUTH CENTER adopted by Resolution No. 23-09-20-53 on September 20, 2023 for its Arts and Music Festival to be held Saturday, October 14, 2023 to amend to rescheduled to Sunday, October 22, 2023 at G. Thomas DiDomencio Park located at West 16th Street