City Council

As of 3:19 PM; 04/17/2024 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING APRIL 17, 2024 ORDINANCES, COMMUNICATIONS AND ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA ORDINANCES SCHEDULED FOR HEARING O-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33, PLANNING AND DEVELOPMENT REGULATIONS AND CHAPTER 35, ZONING REGULATIONS (Amending definitions to define Unlawful Residential Occupancy – single room occupancy) O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY ADOPTING A REDEVELOPMENT PLAN ENTITLED, “455-461 AVENUE C REDEVELOPMENT PLAN” FOR THE PROPERTY LOCATED AT 455-461 AVENUE C, WHICH IS IDENTIFIED AS BLOCK 219, LOT 24.01 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ. O-3 AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY AMENDING ORDINANCE NO. O-23-52 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 AT 197 AVENUE E, TO CORRECT A SCRIVENER’S ERROR WHERE THE SUBJECT PROPERTY WAS INCORRECTLY IDENTIFIED AS BLOCK 221, LOT 12.02 AND THE CORRECT BLOCK/LOT IS BLOCK 221, LOT 12.01 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE” O-4 AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY AMENDING ORDINANCE NO. O-23-59 AUTHORIZING THE EXECUTION OF AN ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 197 AVE. E URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 197 AVENUE E, TO CORRECT A SCRIVENER’S ERROR WHERE THE SUBJECT PROPERTY WAS INCORRECTLY IDENTIFIED AS BLOCK 221, LOT 12.02 AND THE CORRECT BLOCK/LOT IS BLOCK 221, LOT 12.01 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE” O-5 AN ORDINANCE OF THE CITY OF BAYONNE VACATING THOSE LANDS AND PREMISES KNOWN AS A PORTION OF MEMORIAL DRIVE NORTH, VETERANS MEMORIAL HIGHWAY AND HARBOR PLACE MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO PURSUANT TO AND IN ACCORDANCE WITH N.J.S.A. 40:67-1, ET SEQ O-6 AN ORDINANCE OF THE CITY OF BAYONNE VACATING THOSE LANDS AND PREMISES KNOWN AS ROAD “B” AND A PORTION OF MEMORIAL DRIVE NORTH (a/k/a Road “A-N”), MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO PURSUANT TO N.J.S.A. 40:57-1 ET SEQ. O-7 AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY TO AMEND  A FINANCIAL AGREEMENT FOR LONG TERM TAX EXEMPTION BY THE ENTITLED, BAYONNE REDEVELOPERS RESIDENTAL URBAN RENEWAL BLOCK 780 LLC WITH RESPECT TO BLOCK 722, LOT 1 AND BLOCK 790, LOT 1.01. O-8 WITHDRAWN O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 19, FIRE PREVENTION AND PROTECTION (Amending Section 19-12, Fees and Penalties) O-10 AN ORDINANCE AMENDING ORDINANCE NO-0-23-55 ENTITLED “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC” TO CORRECT AN ERROR REGARDING THE SECTION AMENDED TO READ AS SECTION 7.27.1, CHAPTER 7, TRAFFIC (U-turn prohibited-Entire length of Broadway) O-11 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones-Add-1; Delete-2;Relocate 1) PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION O-12 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 AVENUE E LOFTS URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 196-200 AVENUE E, WHICH IS IDENTIFIED AS BLOCK 458, LOTS 7, 8 & 9 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE, and a resolution fixing Wednesday, May 15, 2024 at 6:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. O-13 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 1207-1211 JFK BLVD. URBAN RENEWAL LLC FOR THE PROPERTY LOCATED AT 1207-1211 J.F. KENNEDY BOULEVARD, WHICH IS IDENTIFIED AS BLOCK 24, LOTS 2 & 3 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY, and a resolution fixing Wednesday, May 15, 2024 at 6:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and place for a public hearing and final passage. O-14 AN ORDINANCE AMENDING AND SUPPLEMENTING THE RECVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC and a resolution fixing Wednesday, May 15, 2024 at 6:00 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-8; Delete-3) DELETE 081. Suzanne Balance – 83 Lexington Ave 155. Susanna Kryda – 403 Avenue E 186. Maria Beach – 733 Avenue A ADD 009. Angelie Arias for Mason Brummer – 22 East 29th Street 018. Ricky McKinney – 156 West 30th Street 033. Mark Campbell – 67 West 48th Street 051. Juan Albizu – 496 Avenue A 054. George E. Robin – 87 Eat 21st Street 059. Leroy Rhodes – 97 West 19th Street 075. Barry Israel – 288 Avenue C 076. Margaret Lopresto – 616 Avenue C  COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From ASSIMINA MORALES filing notice of claim on behalf of her son alleging injuries sustained during a wrestling match on January 6, 2024 C-2 From Michael C. Kazer, Esq. filing notice of claim on behalf of MADELINE PROL alleging injuries sustained from a trip and fall crossing 38 th Street between Broadway and Avenue E on March 2, 2024. C-3 From the Superior Court of New Jersey in the matter entitled, “KAREN SQUILLANTE vs. CITY OF BAYONNE, et als. C-4 From the Superior Court of New Jersey in the matter entitled, “LISA DECICCO vs. NJ TRANSIT, COACH USA, CITY OF BAYONNE, et als. C-5 From the Superior Court of New Jersey in the matter entitled, “GEORGE ANNESTINE vs SHOPRITE OF BAYONNE-26 STREET, CITY OF BAYONNE, et als. C-6 From the Tax Court of New Jersey in the matter entitled, RITE AID OF NEW JERSEY, INC. #149-02 vs. City of Bayonne. C-7 From the Tax Court of New Jersey in the matter entitled, ONE GARFIELD, LLC vs. City of Bayonne. C-8 From the Tax Court of New Jersey in the matter entitled, GOLDBRUN REALTY, LLC vs. City of Bayonne. C-9 From the Tax Court of New Jersey in the matter entitled, J & J BUILDERS, LLC vs. City of Bayonne C-10 From the Tax Court of New Jersey in the matter entitled, 1030 BROADWAY LLC vs. City of Bayonne C-11 From the Tax Court of New Jersey in the matter entitled, 569 REALTY MANAGEMENT LLC vs. City of Bayonne C-12 From the Tax Court of New Jersey in the matter entitled, CENTERPOINT PULASKI, LLC vs. City of Bayonne C-13 From the Tax Court of New Jersey in the matter entitled, SOUTH COVE DEVELOPMENT LLC by Stop & Shop Supermarket (tenant) vs. City of Bayonne C-14 From the Tax Court of New Jersey in the matter entitled, V & M BRANCATELLA ENTERPRISES LLC vs. City of Bayonne C-15 From the Tax Court of New Jersey in the matter entitled, LPM SERVICES, INC. vs. City of Bayonne C-16 From the Tax Court of New Jersey in the matter entitled, NJIND HOOK ROAD LLC vs. City of Bayonne C-17 From the Tax Court of New Jersey in the matter entitled, 8-10 E 21ST ST LLC vs. City of Bayonne C-18 From the Tax Court of New Jersey in the matter entitled, PALOMONT LLC vs. City of Bayonne C-19 From the Tax Court of New Jersey in the matter entitled, S & M GROUP LLC vs. City of Bayonne C-20 From the Tax Court of New Jersey in the matter entitled, ELECTRICAL MOTOR MAINTENANCE, INC. c/o Walgreens Company #15368, (tenant) vs. City of Bayonne C-21 From the Tax Court of New Jersey in the matter entitled, SCF REALTY III LLC vs. City of Bayonne C-22 From the Tax Court of New Jersey in the matter entitled, AVENUE C BAYONNE REALTY LLC vs. City of Bayonne C-23 From the Tax Court of New Jersey in the matter entitled, PSE&G CO CORP PROPERTIES vs. City of Bayonne C-24 From the Tax Court of New Jersey in the matter entitled, AIM DEVELOPMENT, LLC by M & t Bank (tenant) vs. City of Bayonne C-25 From the Tax Court of New Jersey in the matter entitled, 35-37 W 29TH ST HCPVI LLC vs. City of Bayonne C-26 From the Tax Court of New Jersey in the matter entitled, 180 BDWY HCPVI LLC vs. City of Bayonne C-27 From the Tax Court of New Jersey in the matter entitled, THE 106 WEST CO LLC vs. City of Bayonne C-28 From the Tax Court of New Jersey in the matter entitled, NATIONAL RETAIL PROPERTIES LC c/o Walgreens Company #-5463 (tenant) vs. City of Bayonne C-29 From the Tax Court of New Jersey in the matter entitled, B9 LEFANTE OWNER URBAN RENEW LLC vs. City of Bayonne C-30 From the Tax Court of New Jersey in the matter entitled, BAYVIEW JV LLC vs. City of Bayonne C-31 From the Tax Court of New Jersey in the matter entitled, LINNET ST REALTY LLC vs. City of Bayonne 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 Reserve space for the bid report for Improvements to Dennis P. Collins Park- Phase III on April 10, 2024 (2 bidders) OR-3 From the Hon. James M. Davis, Mayor reappointing and appointing the following individuals to the HISTORIC PRESEVATION COMMISSION: Jessica Driscoll Term expiring on December 31, 2027 Re-appointed as Class A Member, Engineer Lisa Glover Term expiring on December 31, 2026 Re-appointed as Class B Member Jesse R. Wolleon Term expiring on February 28, 2027 Re-appointed as Alternate #1 Gina Nowak Term expiring on April 30, 2028 Appointed as Alternate #2 RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday March 13, 2024. City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, March 6, 2024 City Clerk CR-3 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (9 properties) Tax Collector CR-4 Ratifying and affirming the Public Safety Director to apply a Federal Emergency Management Agency-Fire Prevention and Safety (FP&S) Grant program CY2023. The grant funds for the proposed projects with 95% federal funding and a 5% local match requirements. CR-5 Authorizing the purchase of handgun ammunition and duty under NJ State Contract #17-FLEET-00721 from EAGLE POINT GUN/TJ MORRIS & SONS, for the amount of $36,691.48 and authorizing the municipal treasurer to issue a warrant for said amount for payment of same. CR-6 Ratifying and affirming the action of the Public Safety Director to apply for a FY 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant. The grant formula funds the proposed hiring of firefighter at 100% federal funding with no local matching funds. CR-7 Authorizing the purchase of 24 Bullet Resistant Vests under State Contract SAFNJS1 from ATLANTIC TACTICAL, Somerset, NJ for the total amount of $35,011.20 for use in the Police Department. CR-8 WITHDRAWN CR-9 WITHDRAWN CR-10 Authorizing the Director of Public Works to scrapped one (1) 30 CU YD Container which is no longer serviceable. CR-11 Authorizing the Mayor and City Clerk to accept the FY2024 RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES grant in the amount of $20,000.00 from the New Jersey Department of Community Affairs, and certifying the availability of funds in the amount of $4,000.00 for the required local match pursuant to the grant agreement. CR-12 Authorizing the Mayor and City Clerk to accept the FY2021 RECYCLING TONNAGE GRANT in the amount of $99,192.43 from the Department of Environmental Protection. CR-13 Authorizing the Mayor and City Clerk to accept the FY2024 DISTRACTED DRIVING GRANT in the amount of $10,500.00 from the New Jersey Department of Traffic & Highway Safety. CR-14 Authorizing the Law Director and/or Business Administrator to advertise for Special Planning Services. CR-15 Amending contract with BAYONNE CUSTOM FENCING COMPANY, LLC for fencing at various city locations to increase the amount not to exceed $43,500.00. Chargeable to Account No. C-04-55-967-2210-994. CR-16 Approving Emergency Temporary Appropriation #3 for CY 2024 Budget CR-17 Authorizing the Mayor and City Clerk to enter into an agreement with Hudson Milestone to provide the cost of renovations at 9-11 Gertrude St. from JCA Construction LLC. in an amount not to exceed $212,597.00 for a one year period commencing September 1, 2023 and ending August 31, 2024. CR-18 Authorizing an amendment to Agreement No. CY23-005 with McManimon, Scotland and Baumann, LLC for professional legal services in connection with the City’s Water Sewer Utility extending same for the period commencing as of January 1, 2024 through April 30, 2024 for an additional amount not to exceed $75,000.00, thereby making the total contract amount not to exceed $150,000. CR-19 Space holder Honoring the BAYONNE COMMUNITY NEWS for its of dedication the City of Bayonne CR-20 Granting 8 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Approving agreement modifications to enable water and sewer system improvements. Specifically, four modifications to Bayonne’s Concession Agreement with Bayonne Water Joint Venture LLC to allow its operator Veolia Water Contract Operations, USA, Inc. to carry out the following projects: (1) 10th Street Water and Sewer line Improvements; (2) Ingham Avenue Stormwater Discharge Pipe Improvements; (3) Top 7 . Lead Service Line Replacements; and (4) Oak Street Sanitary Pump Replacement. SEE: Attachments for executive summary and form of modification agreements. R-2 Authorizing the Mayor and City Clerk to execute an agreement with Remington & Vernick Engineers II, Inc., 2059 Springdale Road, Cherry Hill, NJ 08003 for professional engineering services for the Cottage Street Park Area Flood Mitigation Project for a lump sum fee of $163,500 pursuant to the Fair and Open Process. R-3 Authorizing the execution of the Redevelopment Agreement by and between the City of Bayonne and Avenue E Lofts Urban Renewal LLC for the property located at 196-200 Avenue E, which is identified as Block 458, Lots 7, 8 & 9 as shown on the official tax map of the City. R-4 Authorizing the execution of the Redevelopment Agreement by and between the City of Bayonne and 1207-1211 JFK BLVD URBAN RENEWAL LLC for the property located at 1207-1211 J.F. Kennedy Blvd., which is identified as Block 24, Lots 2 & 3 as shown on the official tax map of the City. R-5 Authorizing and directing the Planning Board of the City of Bayonne to conduct a preliminary investigation to determine whether certain property located at 508 Avenue A, 510-514 Avenue A and 134-136 West 22nd Street which is identified as Block 208, Lots 1.01, 4 and 35 on the official tax map of the City constitutes a non-condemnation area in need of redevelopment pursuant to the Local Redevelopment and Housing Law, , N.J.S.A. 40A:12A-1 ET SEQ. and authorizing the preparation of a Redevelopment Plan for said property R-6 Authorizing and directing the Planning Board of the City of Bayonne to conduct a preliminary investigation to determine whether certain property located at 653- 657 AVENUE E, 47 EAST 41ST STREET AND 659 AVENUE E which is identified as BLOCK 98, LOTS 13, 14 AND 15 on the official tax map of the City constitutes a non-condemnation area in need of redevelopment pursuant to the Local Redevelopment and Housing Law, , N.J.S.A. 40A:12A-1 ET SEQ. and authorizing the preparation of a Redevelopment Plan for said property R-7 Authorizing and approving the transfer of a Financial Agreement and Redevelopment Agreement from BAYONNE EQUITIES BII URBAN RENEWAL, LLC to BPT 281 LLC R-8 Authorizing and approving the transfer of a portion of the redevelopment area (portion of Block 301.03, Lot 3) from BAYVIEW JV, LLC to adjacent Block 301.03, LOT 1.02, which is owned by West 6th Street Realty LLC R-9 Authorizing the Mayor and City Clerk to an agreement with McManimon, Scotland & Baumann, LLC (MSB), 75 Livingston Avenue 2nd Fl., Roseland, NJ 07068 for professional legal services including, but not limited to, legal representation of the City in all matters in connection with the City’s Water Sewer Utility and/or appearances on behalf of the City to assist or supplement the efforts of the Law Department in such other diverse municipal law matters as may be requested and/or approved by the City Law Director for the period commencing May 1, 2024 and ending December 31, 2024 for an amount not to exceed $75,000 payable at rates set forth in MSB’s response to the City’s  Request for Qualifications/Proposals for Panel Counsel pursuant to the Fair and Open Process. R-10 Authorizing and directing the Planning Board of the City of Bayonne to conduct a preliminary investigation to determine whether the property located at 102 ½ -116 Avenue E, which is identified as Block 467, Lots 10, 11, 12, 13 and 14 on the official tax map of the City constitutes a non-condemnation area in need of redevelopment pursuant the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 ET SEQ. and authorizing the preparation of a Redevelopment Plan for said property R-11 Reserve space authorizing the Mayor and City Clerk to execute an agreement with the successful respondent for the Phase 2 design of the 63rd street flood mitigation project. R-12 Authorizing the Mayor and City Clerk to execute an agreement with NJ HUMANE SOCIETY a Nonprofit Corporation, 6412 Dewey Avenue, West New York, NJ 07093 for Animal Control Services and Animal Sheltering Services commencing May 1, 2024 and ending December 31, 2024 for an amount not to exceed $76,000 payable at the rate of $9,500 per month with four (4) one (1) year options to renew commencing as of January 1st of each subsequent year at the City’s sole discretion pursuant to the Competitive Contracting Process (N.J.S.A. 40A:11-4.1 et R-13 Awarding a contract for Improvements to Dennis P. Collins Park – Phase III to PICERNO-GIORDANO CONSTRUCTION LLC, 200 Market Street, Kenilworth, NJ 07033 for the bid amount of $415,730.00. Chargeable to Account No C-04-55- 967-2210-994. R-14 Reserve space to award a contract for investment advisory services for a one year period commencing May 1, 2024 through April 30, 2024 with one (1) one (1) year option to renew to renew at the City’s sole discretion pursuant to the “Fair and Open” process. R-15 Reserve space for awarding a contract of architectural services,. R-16 Authorizing the Municipal Council to go into closed session to discuss pending litigations. R-17 Approving the settlement with (1) MCR 54 RT 440 LOT 6 LLC and the L GROUP, LLC vs. the City of Bayonne and City Council of the City of Bayonne and (2) the L GROUP, LLC vs. The City of Bayonne Zoning Board of Adjustment. TO BE ADDED AT MEETING ADD-1 Authorizing the Urban Enterprise Zone Coordinator to take any and all actions and execute any and documents allowing EVAN BERMAN PRODUCTIONS to hold the 2024 Bayonne Food Truck Festival and Music Festival on Saturday, May 4, 2024 (rain date May 5, 2024) and authorizing the UEZ Coordinator to issue payment to Even Berman Productions in the of the management fee of $18,050.00 ADD-2 Ratifying and affirming the actions of the Mayor and City Clerk in executing an Interlocal Agreement to investigate reported cases of elevated lead levels in blood and environmental monitoring for lead in paint when there is a complaint of a suspected or confirmed presence of elevated blood levels of our citizens with the Hudson Regional Health Commission for a three year period commencing March 1, 2024 and ending February 29, 2027 for an amount not to exceed $17,500 or 29 inspections whichever is less for the contract term payable at the rate of $600 for each environmental lead investigation, inclusive of clearance inspection and laboratory costs where warranted. ADD-3 Amending Resolution No. 24-02-14-036 adopted February 14, 2024 authorized an agreement with the UCP of Hudson County, 721 Broadway, Bayonne, NJ 07002 for the provision of providing the cost of the replacement of the rooftop  HVAC unit (“HVAC Unit Replacement”) to include that said CDBG funds in the amount of $18,776.00 shall be chargeable to Account No. CDBG-1180. ADD-4 Approving construction work hours for the property located 63-67 NEW HOOK ROAD, which property is identified as Block 416, Lot 3 as shown on the official tax map of the City of Bayonne. ADD-5 Approving construction hours 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 of Bayonne. ADD-6 From the Hon. James M. Davis, Mayor reappointing and appointing the following individuals to the Rent Control Board. Salvatore A. Clappsy, Jr. Term to expire on September 30, 2025 (Reappointed as Regular Member) Lecia Cheatham-Nichols Term to expire on September 30, 2025 (Reappointed as Regular Member) Jacqueline Farber Appointed as Rent Regulation Officer