City Council - Caucus Meeting
Regular MeetingBayonne, NJ · July 12, 2023
Minutes
SPECIAL MEETING
OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, IN THE COUNTY OF
HUDSON, NEW JERSEY, HELD IN THE COUNCIL CHAMBER, MUNICIPAL BUILDING,
630 AVENUE C, ON WEDNESDAY, JULY 12, 2023
The Council met at 6:55 P.M.
The Council President LaPelusa announced: “I would like to advise all those present
that notice of this special meeting of the Municipal Council of the City of Bayonne of
July 12, 2023 has been provided to the public in accordance with the provisions of the
Open Public Meetings Act of the State of New Jersey. An additional Notice of time and
place was posted and filed with the City Clerk and was forwarded to the Jersey Journal
and the Star Ledger by on July 7, 2023.”
The Special Meeting of the Municipal Council of the City of Bayonne is now in session.
The Clerk called the roll.
Present were: Council Members Booker, Carroll, Perez, Weimmer, and President
LaPelusa.
The Council President led the Pledge of Allegiance.
**********
01. The Council as a whole moved the following communication be received and
filed, with motion was adopted.
July 7, 2023
Madelene C. Medina
City Clerk
630 Avenue C
Bayonne, NJ 07002
Re: Special Meeting – July 12, 2023
Dear Ms. Medina:
Please be advised that it is necessary to call a special meeting of the Municipal Council
on Wednesday, July 12, 2023 immediately following the Council Caucus at 6:00 P.M.,
in the Dorothy E. Harrington Municipal Council Chambers.
The purpose of this special meeting is as follows:
1. Authorizing the Mayor and City Clerk to enter into an agreement with the New
Jersey Department of Community Affairs for Lead Based Paint Inspections grant
in the amount $138,400.00
Please ensure that the appropriate Open Public Meeting Act notice is effectuated.
Very truly yours,
James M. Davis
Mayor
(signed)
Yeas - Council Members Booker. Carroll, Perez, Weimmer and President LaPelusa.
**********
O2. The Council as a whole moved the following resolution, which was read by the
clerk and adopted.
CITY OF BAYONNE HUDSON COUNTY, NJ XXX-2023 APPLICANT’S RESOLUTION
LEAD GRANT ASSISTANCE PROGRAM
WHEREAS, effective July 22, 2022, the Legislature enacted P.L. 2021, c. 182,
“An Act concerning certain lead-based paint hazard, and residential rental property,
and establishing lead based paint hazard programs, supplementing P.L. 2003, c. 311
(C. 52:27D-437.1 et al.) amending various parts of the statutory law, and making an
appropriation;” and
Regular Meeting
Page 2 of 2
WHEREAS, pursuant to N.J.S.A. 52:27D-437.16(b)(1), a municipality that
maintains a permanent local agency for the purpose of conducting inspections and
enforcing laws, ordinances, and regulations concerning buildings and structures, is
required to inspect for lead based paint hazards in certain specified single-family, two-
family, and multiple rental dwellings, at the time periods set forth in the statute; and
WHEREAS, pursuant to N.J.S.A. 52:27D-437.16(b)(2) a municipality that does
not maintain such a permanent local agency must hire a lead evaluation contractor,
certified to provide lead paint inspection services by DCA, or enter a shared services
agreement as permitted by law, for the purpose of conducting the inspections for lead-
based paint hazards; and
WHEREAS, Pursuant to Section 9 of P.L. 2021, c. 182, the State of New Jersey
has allocated the sum of $3,900,000 to effectuate the purposes of P.L. 2021, c. 182 (C.
52:27D-437.16). Further, pursuant to the FY 2023 Appropriations Act (P.L. 2022,
Chapter 49), DCA received a grant-in-aid amount of $3,900,000 for P.L. 2021, c. 182,
for a total of $7,800,000 in appropriations to effectuate the purpose of the Act.
WHEREAS, DCA has allocated $7,000,000 of this appropriation to the
development of the Lead Grant Assistance Program (“LGAP”) for the issuance of grant
funds to municipalities for the purpose of assisting in municipal compliance with P.L.
2021, c. 182.
WHEREAS, the Division of Local Government Services (DLGS), within DCA,
administers the LGAP; and
WHEREAS, the LGAP exists to provide funding to help off-set the costs to
municipalities to provide the required inspections at stipulated times of certain single-
family, two-family, and multiple rental dwelling units for lead-based paint hazards,
pursuant to P.L. 2021, c. 182; and
WHEREAS, an authorized municipal officer must execute the attached grant
agreement in order to receive LGAP funding.
NOW, THEREFORE, BE IT RESOLVED, the Governing Body of, the City of
Bayonne does hereby authorize James Davis, Mayor, to sign the attached grant
agreement, and thus bind the City of Bayonne to the grant agreement’s terms in order
to receive the $138,400 grant from the DLGS.
Yeas - Council Members Booker. Carroll, Perez, Weimmer and President LaPelusa.
**********
At 6:57 P.M., Council President LaPelusa moved to adjourn, seconded by Council
Member Weimmer , which motion was adopted.
Yeas - Council Members Booker. Carroll, Perez, Weimmer and President LaPelusa.
**********
_______________________________________
President – Gary LaPelusa
____________________________________
City Clerk – Madelene C. Medina
Agenda
As of 1:06 PM, 07/12/23
CITY OF BAYONNE
CITY COUNCIL
COUNCIL CAUCUS
JULY 12, 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 A FINANCIAL AGREEMENT BY AND BETWEEN THE
CITY OF BAYONNE AND AVE E DEV AMS URBAN RENEWAL, LLC FOR
THE PROPERTY LOCATED 132 AND 140 AVENUE E, WHICH PROPERTY
IS IDENTIFIED AS BLOCK 458, LOT 1.02 AND BLOCK 467, LOT 23 AS
SHOWN ON THE OFFICIAL TAX MAP OF THE CITY (Silk Loft East)
O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE
CITY OF BAYONNE AND AVE E DEV MILE HIGH AMS URBAN RENEWAL,
LLC FOR THE PROPERTY LOCATED AT 157-163 AVENUE E, WHICH
PROPERTY IS IDENTIFIED AS BLOCK 234, LOT 8.01 AS SHOWN ON THE
OFFICIAL TAX MAP OF THE CITY (Silk Lofts West)
O-3 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY APPROVING A 5-YEAR TAX AGREEMENT WITH BAYONNE 32 LLC
FOR THE PROPERTY LOCATED 43-45 WEST 32ND STREET WHICH
PROPERTY IS IDENTIFIED AS BLOCK 145, LOT 1 AS SHOWN ON THE
OFFICIAL TAX MAP OF THE CITY.
O-4 AN ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF
HUDSON, STATE OF NEW JERSEY AMENDING THE REVISED GENERAL
ORDINANCES TO ADD CHAPTER 39 PROVIDING FOR THE
ESTABLISHMENT OF A MUNICIPAL WATER AND WASTEWATER
UTILITY.
0-5 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.
Updating certain definitions and prohibiting various smoke/vapor substances
and massage establishments.
O-6 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY AMENDING AND SUPPLEMENTING THE REVISED GENERAL
ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC.
Restrictive Parking Zones-Delete 3
O-7 AN ORDINANCE OF THE CITY OF BAYONNE AMENDING AND
SUPPLEMENTING THE REVISED GENERAL ORDINANCES, CHAPTER 16,
RENT CONTROL
O-8 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY ADOPTING A REDEVELOPMENT PLAN TITLED
“REDEVELOPMENT PLAN, BAYONNE ENERGY CENTER III (aka BEC III)
FOR THE PROPERTY IDENTIFIED AS A PORTION OF BLOCK 419, LOT 1
AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY, PURSUANT TO THE
LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET
SEQ
O-9 AN ORDINANCE ADOPTING THE AMENDMENT TO THE 8TH STREET
STATION REHABILITION PLAN FOR 218-222 BROADWAY
REDEVELOPMENT FOR THE PROPERTY LOCATED AT 218-222
BROADWAY, WHICH PROPERTY IS IDENTIFIED AS BLOCK 319, LOTS 26
AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY, PURSUANT TO THE
LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET
SEQ.
O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 4,
“LICENSING, REGISTRATION AND BUSINESS REGULATIONS Section 19,
Filming
O-11 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY AMENDING AND SUPPLEMENTING THE REVISED GENERAL
ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC
Restrictive Parking Zones-Add-1/Delete-7
O-12 AN ORDINANCE OF THE CITY OF BAYONNE AMENDING AND
SUPPLEMENTING THE REVISED GENERAL ORDINANCES, CHAPTER 4,
LICENSING, REGISTRATION AND BUSINESS REGULATIONS Section 7,
“Amusements Rides or Carnival” Subsection 1, “License Required” to amend the
insurance requirements
PUBLIC COMMENTS
Speakers are to sign the signup sheet prior to the meeting.
ORDINANCES PROPOSED FOR INTRODUCTION
O-13 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY ADOPTING THE REDEVELOPMENT PLAN ENTITLED “SAMSON
SITE REDEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 108
AVENUE F, 104-106 AVENUE F AND 101 EAST 21ST STREET WICH IS
IDENTIFIED AS BLOCK 457.01 LOTS 2, 3, 4 & 5 AS SHOWN ON THE
OFFICIAL TAX MAP OF THE CITY, PURSUANT TO THE LOCAL
REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ , and
a resolution fixing Wednesday, August 16, 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-14 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW
JERSEY ADOPTING THE REDEVELOPMENT PLAN ENTITLED “AVENUE F
REDEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 86 EAST 22ND
STREET, 90 EAST 22ND STREET AND 111 AVENUE F, WHICH IS
IDENTIFIED AS A BLOCK 456, LOTS 10, 9, 8.02., 8.03 AND 8.01 AS
SHOWN ON THE OFFICIAL TAX MAP OF THE CITY, PURSUANT TO THE
LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET
SEQ and the Dorothy E. Harrington Council Chambers as the time and
place for a public hearing and final passage.
O-15 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35,
ZONING REGULATIONS, and a resolution fixing Wednesday, August 16,
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. (Permitted uses in
Business District)
O-16 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7,
TRAFFIC and a resolution fixing Wednesday, August 16, 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. Parking Prohibited During Certain Hours on
Certain Streets – Lord Avenue between 3rd & 4th Street for Church Purposes.
O-17 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7,
TRAFFIC and a resolution fixing Wednesday, August 16, 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-Relocate (1)
COMMUNICATIONS
CONSENT AGENDA - Resolution ordering the following Communications to be
received and filed:
C-1 From ANNESTINE GEORGE filing notice of claim alleging personal injuries
resulting from a fall in front of 583-589 Avenue C on March 10, 2023.
C-2 From 19 E 19 URBAN RENEWAL LLC filing notice of claim alleging property
damage to the glass door when it struck by filing rocks while city employees were
landscaping at Stanley John Kopcinski Park.
C-3 From ELIZABETH KIM filing notice of claim alleging injuries sustained from fall at
1040 Kennedy Boulevard on March 10, 2023.
C-4 From Superior Court of New Jersey in the matter entitled, “ALICIA MYERS vs.
Hudson Radiology Center, City of Bayonne, et als.
C-5 From the U.S District Court of New Jersey in the matter entitled “ESTATE OF LEE
THOMAS WASKIEWICZ, et als vs. City of Bayonne, Timothy Ballance, Jr. Edward
Tavares, et als.
C-6 From the Tax Court of New Jersey in the matter entitled “DELAWARE DELTA LLC
vs. City of Bayonne”
C-7 From the Tax Court of New Jersey in the matter entitled, “DELAWARE DELTA LLC
vs the City of Bayonne”
C-8 From the Tax Court of New Jersey in the matter entitled, “231 AVE C, LLC vs. the
City of Bayonne”
C-9 From the Tax Court of New Jersey in the matter entitled "ORTHA SURG TEK, LLC
vs. the City of Bayonne”
C-10 From the Tax Court of New Jersey in the matter entitled "DR. NARD, LLC vs. the
City of Bayonne”
C-11 From the Tax Court of New Jersey in the matter entitled "128 JFK LLC vs. the City
of Bayonne”
C-12 From the Tax Court of New Jersey in the matter entitled "AV ESTATES, LLC vs.
the City of Bayonne”
C-13 From the Tax Court of New Jersey in the matter entitled "CENTERPOINT PULSKI
LLC vs the City of Bayonne
C-14 From the Tax Court of New Jersey in the matter entitled, “SCF REALTY III LLC vs.
the City of Bayonne
C-15 From the Tax Court of New Jersey in the matter entitled, “12-16 NORTH STREET
REALTY LLC (Walgreens19690, Tenant Taxpayer) vs. the City of Bayonne.
C-16 From the Tax Court of New Jersey in the matter entitled, “BAYONNE NM, BAYNEW,
BAYONNE LLC vs. the City of Bayonne.
C-17 From the Tax Court of New Jersey in the matter entitled “PERD L.P. vs. the 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 From the Honorable James M. Davis, Mayor reappointing MICHELE HENNESSEY
as Tax Assessor effective July 1, 2023 and a resolution ratifying and affirming said
appointment.
RESOLUTIONS
CONSENT AGENDA - Resolution ordering the following resolutions to be adopted:
CR-1 Approving the minutes of the regular meeting held Wednesday June 14, 2023. City
Clerk
CR-2 Approving the minutes of the council caucus held Wednesday, June 7, 2023. City
Clerk
CR-3 Ordering warrants drawn to taxpayers representing refunds for overpayment of
taxes. ( * properties) Tax Collector
CR-4 Approving Chapter 159 #1 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-5 Authorizing the Mayor and City Clerk to enter into an agreement with GENERAL
CODE, Spring Lake, NJ for codification services for CY 2023 Ordinances in an
amount not to exceed $15,000.00. City Clerk
CR-6 Authorizing the submission of an application for 2023 Local Transportation
Projects Fund for the Improvements to Avenue E Project.
CR-7 Ratifying and affirming the actions of the Mayor and City Clerk in executing an
amendment to a License Agreement with the N.A.A.C.P, a non-profit organization,
for the purpose of a Juneteenth Cerebration to be held at G. Thomas DiDomenico
Park at 16th Street on Saturday, June 17, 2023 to amend the date to June 24,
2023 due to cancellation caused by inclement weather.
CR-8 Authorizing the Purchasing Agent to advertise for bids for Elevator Maintenance
and Service.
CR-9 Authorizing entering into an Agreement with NEW JERSEY DEPARTMENT OF
TRANSPORTATION for Westside Walkway Improvements.
CR-10 Authorizing the Purchasing Agent to enter into an agreement with RUDCO
PRODUCTS, INC., Vineland, NJ to purchase five (5) Open Containers for the total
amount of $32,900.00. Chargeable to the Recycling Tonnage Grant.
CR-11 Authorizing the Purchasing Agent to enter into an agreement with HUDSON
COUNTY MOTORS through NJ State approved Co-Op #65MCESCCPS Class 8
Truck #ESCNJ 20/21 to purchase one (1) 2024 Western Star 47X Truck for use
in the Department of Public Works for total amount of $125,355.20 and
authorizing an agreement with CLIFFSIDE BODY CORPORATION through NJ
State approved Co-Op #65MCESCCPS BID #ESCNJ 20/21-55 for installation and
upgrades (snowplow, stainless steel V box salt spreader and container) in the of
amount $160,000.00. Chargeable to account #C-04-55-962-2210-994.
CR-12 Authorizing the Purchasing Agent to enter into a agreement with HUDSON
COUNTY MOTORS through NJ State approve Co-Op #65MCESCCPS Class 8 Truck
#ESCNJ 20/21 to purchase one (1) 2024 Wester Star 47X truck for the Department
of Public Works for the total amount of #125,355.20 and enter into an agreement
with CLIFFSIDE BODY CORPORATION through NJ State approved Co-Op
#65MCESCCPS BID #ESCNJ 20/21-55 for installation and upgrades (snowplow)
for the amount of $30,422.00 and an agreement with SANTIATION EQUIPMENT
CORP. through Sourcewell Contract #091219-LEG for upgrades (21 cubic yard
rear-loader body) for the amount of $109,632.40. Chargeable to account #C-04-
55-962-2210-991-$234,987.60 and account #C-04-55-962-2210-991 -
$30,422.00.
CR-13 Authorizing the continued participation in the Shared Services Agreement for
public health services and activities with the Town of West New York for the period
commencing June 11, 2023 through June 10, 2024 for an amount of $40,000
payable to the City by the Town of West New York.
CR- Authorizing a Change Title Text. Space Holder
CR- Granting 2 Raffle licenses to qualified organizations. City Clerk
END OF CONSENT AGENDA
R-1 Authorizing and directing the Planning Board to reopen and prepare
amendments to the GAMAL PLAN EAST PLAN for the property located at 35
Avenue A which is identified as Block 362, Lot 3 as shown on the official
tax map of the City pursuant to the Local Redevelopment and Housing Law,
N.J.S.A. 40A:12A-1 ET SEQ.
R-2 Authorizing and directing the Planning Board to a redevelopment plan for
North Bay-1st to 3rd Streets, also referred to as Block 332, Lots 2, 2.01 4 and
5 and Block 360, Lot 1 as shown on the official tax map of the City pursuant
to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 ET SEQ.
R-3 Approving an Access Easement and Maintenance Agreement between the
City and B9 LEFANTE OWNER URBAN RENEWAL LLC and confirming
designation of same as redeveloper of the property known as 69-73 LeFante
Way, Block 412, Lot 3 as shown on the official tax map of the City.
R-4 Designating BRIDGE POINT BAYONNE LLC as redeveloper of the property
identified as 69 New Hook Road, which is identified as Block 416, Lot 3 as
shown on the official tax map of the City of Bayonne and authorizing the
execution of the Redevelopment Agreement.
R-5 Authorizing the execution of a redevelopment agreement with B9 LEFANTE
OWNER URBAN RENEWAL LLC and confirming designation of same as
redeveloper of the property identified as 69-73 LeFante Way, Block 412, Lot
3 as shown on the official tax map of the City.
R-6 Authorizing the Mayor and City Clerk to execute a Release in consideration
or the sum of $93,345.00 to resolve claims associated with damages to
“Bayonne Fire Department Marine” on or about February15, 2023 as a
result of a collision with a tugboat owned by Donjon Marine Co. Inc.
R-7 Authorizing the negotiation and execution of an agreement with New Jersey
Department of Transportation for the Constable Hook Infrastructure Study.
R-8 Authorizing the execution of a second amendment to the redevelopment
agreement with BAYONNE PARTNERS URBAN RENEWAL LLC and
confirming designation of the same as redeveloper of Block 830, Lot1, 2.01,
2.02, 3.01, 3.02, 4.01 and 4.02.
R-9 Designating AMS EQUTIES LLC as redeveloper of the property identified as
Block 234, Lot 8.01, Block 458, Lots 1.02 and 1.03 and Block 467, Lot 23
and executing a Redevelopment Agreement for said property
R-10 Authorizing the extension of City’s Trust and Indemnity Agreement with the
NEW JERSEY INTERGOVENMENT INSURANCE FUND (NJIIF) through
December 31, 2026.
R-11 Authorizing the Director of Planning and Zoning to issued letters of
notification for properties to be studied as Areas in need of Redevelopment.
R-12 Authorizing the Mayor and/or his designee and the City Clerk to take any
and all steps and execute any and all documents necessary to exercise the
City’s first one (1) year option to renew the Shared Services Agreement
between the Bayonne Board of Education (BBOE) and the City of Bayonne
for the City to provide collection of solid waste services to its Grammar and
High Schools for an additional three (3) days per week, thereby making a
total of five (5) days per week for a one (1) year period commencing January
1, 2024 and ending December 31, 2024 for the amount of $4,000.00 per
month payable by the BBOE to the City for a total amount of $48,000.00.
R-13 Authorizing the Mayor and/or his designee and the City Clerk to take any
and all steps and execute any and all documents necessary to exercise the
City’s first one (1) year option to renew the Shared Services Agreement
between the Bayonne Housing Authority (BHA) and the City of Bayonne for
the rental of twenty (20) ten (10) yard dumpsters located at various BHA
locations for a one (1) year period commencing January 1, 2024 and ending
December 31, 2024 for the amount of $5,000.00 per month payable by the
BHA to the City for a total amount of $60,000.00.
R-14 Authorizing the Mayor and City Clerk to enter into an amendment to
Agreement No. CY23-001 with Ruderman & Roth, LLC, 150 Morris Avenue,
Suite 303, Springfield, New Jersey 07081 for professional legal services in
connection with labor related matters for a one year period commencing
January 1, 2023 and ending December 31, 2023 for an amount not to
exceed $100,000.00 increasing same in an amount not to exceed
$50.000.00, thereby making the total contract amount not to exceed
$150,000.00.
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