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City Council - Council Caucus Meeting

Regular Meeting

Bayonne, NJ · June 10, 2020

AgendaMinutes

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, JUNE 10, 2020 The Council met at 6:47 P.M. The President 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 June 10, 2020 has been provided to the public in accordance with the provision of the Open Public Meetings Act of the State of New Jersey. Notice of time and place of this meeting was posted and filed with the city clerk and forwarded to the Jersey Journal and the Star Ledger by fax on June 8, 2020. And NOTICE WAS HEREBY GIVEN that the Municipal Council of the City of Bayonne will conduct the following meetings of the Annual Meeting Schedule for the purpose of conducting City business for 2020 through VIRTUAL/REMOTE communications equipment in conformance with the directives of the State of New Jersey: Notice of this change in the format of the meeting was provided to the Jersey Journal and the Star Ledger on June 8, 2020 in accordance with the law and applicable Executive Orders. The Regular Meeting of the Municipal Council of the City of Bayonne is now in session. The clerk called the roll. Present were: Council Members Carroll, Gullace, La Pelusa, Perez, and President Nadrowski. The Council President led the Pledge of Allegiance. ********** Prior to the start of the meeting the Council President addressed the audience on the Social Justice Protest that took place on Sunday, June 7 th and condemning a statement made by a member of the Board of Education. ********** 01. Council Member Gullace moved the following communication be received and filed, seconded by Council Member LaPelusa, which motion was adopted. June 8, 2020 Madelene C. Medina City Clerk 630 Avenue C Bayonne, NJ 07002 RE: Special Meeting needed Wednesday, June 10, 2020 at 6:45 P.M. Dear Ms. Medina: There is a need for a Special Meeting of the Bayonne Municipal Council on Wednesday, June 10, 2020 at 6:45 P.M. for the following items to be addressed: 1. Authorizing and directing the City of Bayonne’s Zoning Officer and Health Officer to develop an application form allowing food and beverage establishments to offer in- person services at outdoor area, pursuant to Executive Order #150 2. Authorizing the execution of a license agreement with the individual vendors of the New Jersey Council of Farmers for the Bayonne Farmer’s Market. Thank you for your attention to this matter and please stay safe and healthy. Very truly yours, Sharon A. Nadrowski Council President Cc: Mayor Council John F. Coffey, Esq. Yeas - Council Members Carroll, Gullace, La Pelusa, Perez, and President Nadrowski. ********** 02. The Council as a whole moved the following resolution. which was read by the Clerk and adopted. WHEREAS, on June 3, 2020, Governor Murphy issued Executive Order No. 150 whereby “food or beverage establishments,” are permitted to offer in-person service at outdoor areas as of 6:00 a.m. on June 15, 2020, provided that the establishment complies with the following requirements: a. Ensure all areas designated for food and/or beverage consumption are in conformance with applicable local, State, and Federal regulations; b. Limit capacity to a number that ensures all patrons can remain six feet apart from all other patrons at all times, except for those patrons with whom they are sharing a table; c. Satisfy all standards issued by DOH pursuant to Paragraph 3 of Executive Order No. 150; d. Ensure that tables seating individual groups are six feet apart in all directions and that individual seats in any shared area that is not reserved for individual groups, such as an outdoor bar area, are also six feet apart in all directions; e. Prohibit patrons from entering the indoor premises of the food or beverage establishment, except to walk through such premises when entering or exiting the food or beverage establishment in order to access the outdoor area, or to use the restroom; f. Require patrons to wear a face covering while inside the indoor premises of the food or beverage establishment, unless the patron has a medical reason for not doing so or is a child under two years of age; and g. Prohibit smoking in any outdoor areas designated for the consumption of food and/or beverages; and WHEREAS, the City of Bayonne already has an ordinance governing outdoor dining, but desires to effectuate the intents and purposes of Executive Order No. 150 in this COVID-19 environment; now, therefore, be it RESOLVED, that the City of Bayonne’s Zoning Officer and Health Officer shall develop an application form allowing for food or beverage establishments to offer in-person service at outdoor areas on an expedited basis consistent with mandates and restrictions set forth in Executive Order No. 150 and that the Zoning Officer and/or Health Officer shall begin to accept, review and deny or approve said applications based on their compliance with Executive Order No. 150, State Department of Health standards and local ordinances/regulations. Yeas - Council Members Carroll, Gullace, La Pelusa, Perez, and President Nadrowski. ********** 03. The Council as a whole moved the following resolution, which was read by the Clerk and adopted. WHEREAS, the individual vendors of the New Jersey Council of Farmers and Communities (“Individual Vendors”) have requested permission to operate the 2020 Bayonne Farmers’ Market within the municipal lands located at Del Monte Drive between West 22nd Street and West 23rd Street (“City Lands”); and WHEREAS, the Farmers’ Market has proven a successful and desirable event in the City since 2012; and WHEREAS, the City is agreeable to entering into License Agreements with the Individual Vendors allowing them to operate the 2020 Bayonne Farmers’ Market on City Lands every Tuesday from 2:00 p.m. until 7:00 p.m., commencing June 16, 2020, through November 1, 2020, or upon written notice of termination, if earlier, from the City, for a sum not to exceed $35/week per vendor; and WHEREAS, Vendors have agreed to abide by, and the location provides sufficient space so as to allow Vendors to set up and operate in a manner that comports with, social distancing guidelines specified by the Center for Disease Control (“CDC”) and federal, state and local laws, executive orders, administrative rules and regulations and directives, which may exist or be adopted, enacted or promulgated during the License term; now, therefore, be it RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to take all steps necessary to execute License Agreements with the Individual Vendors of the New Jersey Council of Farmers, in form and substance as is approved by the Law Director, for the use of municipal lands located at Del Monte Drive between West 22 nd Street and West 23rd Street for the purpose of the Bayonne Farmers’ Market, every Tuesday from 2:00 p.m. until 7:00 p.m., effective June 16, 2020 and ending the earlier of November 1, 2020, or upon written notice from the City, for a sum not to exceed $35/week per Vendor. Yeas - Council Members Carroll, Gullace, La Pelusa, Perez, and President Nadrowski. ********** At 6:54 P.M. Council Member Perez motioned to adjourn, seconded by Council President Nadrowski, which motion was adopted. Yeas - Council Members Carroll, Gullace, La Pelusa, Perez, and President Nadrowski. ********** _______________________________________ President – Sharon Nadrowski ____________________________________ City Clerk – Madelene C. Medina

Agenda

As of 1:00 P.M, 06/09/2020 CITY OF BAYONNE CITY COUNCIL COUNCIL CAUCUS JUNE 10, 2020 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 7, TRAFFIC. (Restrictive Parking Zones) Public Safety PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND LEG-BP BAYONNE OWNER URBAN RENEWAL, LLC FOR PROPERTY LOCATED AT 117-121 PROSPECT AVENUE, WITH PROPERTY IS IDENTIFIED AS BLOCK 1180, LOT 1.01; BLOCK 1180, LOT 1.03 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE and a resolution fixing Wednesday, July 15, 2020 at 7:00 P.M. , and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Lincoln Equities) O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC and a resolution fixing Wednesday, July 15, 2020 at 7:00 P.M. , and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Restrictive Parking Zones) Public Safety DELETE #029. Thomas Cunningham, 73 West 55th Street #105. Emily Schmicking, 45 West 4th Street #137. Agnes Hogan, 4 Story Court #213. Michael Murphy, 458 Kennedy Blvd. #351. Maureen Ciolek, 1187 Kennedy Blvd. ADD xxx. Stephen LeBright, 1124 Avenue C TRANSFER OF NAME #208 From James Robinson to Joan Robinson, 84 Lord Ave. COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From KEVIN BELLO, filing notice of claim alleging property damage to his automobile from a falling tree branch on May 4, 2020 at West 29th Street. C-2 From Superior Court of New Jersey in the matter entitled, “WTFK BAYONNE PROPCO LLC and BAYONNE/OMNI DEVELOPMENT LLC vs. CITY OF BAYONNE. (Pertains to Ordinance O-20-20) C-3 From Superior Court of New Jersey in the matter entitled, “AARON PINTO; MARIA LIRIANO; RICKY INOA-LIRIANO and JAKE INOA-LIRIANO, minors, by their guardian ad litem, Soris Liriano; AND SORIS LIRIANO, individually vs. DELVALLE, ACOSTA and CITY OF BAYONNE, et als. (Motor vehicle accident-10/31/19) C-4 From the United States District Court of New Jersey, in the matter entitled, “MAHAMED KHAN vs. MARK’S ADVANCE TOWING,LLC, BARKOWSKI and CITY OF BAYONNE, et als. (Wrongful impoundment of vehicle) C-5 From Tax Court of New Jersey in the matter entitled, “AEGIS REALTY HOLDINGS, INC. vs. the City of Bayonne. (Multi-dwelling) C-6 From Tax Court of New Jersey in the matter entitled, “MCDONALD’S CORP. vs City of Bayonne. (Commercial) C-7 From Tax Court of New Jersey in the matter entitled, “S & M GROUP, LLC vs. City of Bayonne. (Commercial) C-8 From Tax Court of New Jersey, in the matter entitled, “TUBITO, ELIO & ANNA vs. City of Bayonne” (Commercial) C-9 From Tax Court of New Jersey, in the matter entitled, “YES CHRIS DEVELOPMENT, LLC vs. City of Bayonne” (Commercial) C-10 From Tax Court of New Jersey, in the matter entitled, “SPG HOOK ROAD, LLC vs. City of Bayonne” (Industrial) C-11 From Tax Court of New Jersey, in the matter entitled, “NJIND HOOK ROAD, LLC vs. City of Bayonne” (Industrial) C-12 From Tax Court of New Jersey, in the matter entitled, “BUCKEYE BAYONNE TERMINAL LLC vs. City of Bayonne” (Commercial) C-13 From Tax Court of New Jersey, in the matter entitled, “265 AVE B LLC vs. City of Bayonne” (Commercial) C-14 From Tax Court of New Jersey, in the matter entitled, “124 AVENUE B LLC vs. City of Bayonne” (Commercial) C-15 From Tax Court of New Jersey, in the matter entitled, “431 KENNEDY LLC vs. City of Bayonne” (Multi-dwelling) C-16 From Tax Court of New Jersey, in the matter entitled, “BAYONNE GRAND I LLC vs. City of Bayonne” (Commercial) C-17 From Tax Court of New Jersey, in the matter entitled, “JERSAM REALTY LLC vs. City of Bayonne” (Industrial) 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 RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday May 13, 2020. City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, May 6, 2020. City Clerk CR-3 Approving the minutes of the special meetings held Wednesday, May 6, 2020 and Thursday, May 21, 2020. City Clerk CR-4 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (7 properties) Tax Collector CR-5 Ordering a warrant in the amount of $8.40 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 7 dog licenses issued in May. City Clerk CR-6 Authorizing the CDBG Administrator to reallocate the CDBG funds previously allocated to CDBG account 1026 in the amount of $8,000.00 provided the Waterfront Project for the purpose of providing senior services to CDBG account 1025 for the purpose of providing counseling services to low and moderate income families. (Bus. Administration) CR-7 Ordering a warrant in the amount of $54,016.00 payable to the STATE OF NEW JERSEY for state surcharge fees on new construction and alterations. Building CR-8 Ordering a warrant in the amount of $6,977.00 payable to LTG PROPERTY GROUP for reimbursement for an electrical permit. Building CR-9 Extending the Agreement No. CY15-051 with HERBERT’S ARMY & NAVY, LLC for a period of six months commencing July 1, 2020 to December 31,2020 for an amount not to exceed $19,999.98. Public Works CR-10 Authorizing the submission an application to the COUNTY OPEN SPACE, RECREATION AND HISTORIC PRESERVATION TRUST FUND for a matching grant of $500,000.00 with a city match of $383,536.25 to fund the improvements to Russell Golding Park-Phase II. Total project $883,526.25 Bus. Admin. CR-11 Authorizing the Tax Collector to refund and/or cancel taxes on Block 229, Lot 25, on one family home occupied by a qualifying 100% totally and disabled veteran effective November 14, 2019. Tax Assessor CR-12 Authorizing the cancellation of Inactive Trust Fund Reserves. Finance CR-13 Accepting the LOCAL FREIGHT IMPACT FUNDS GRANT in the amount of $1,400,000.00. Finance CR-14 Accepting the BJA CORONAVIRUS FUNDING GRANT in the amount of $51,793.00. CR-15 Authorizing the submission of a grant application and execution of a contract with the NEW JERSEY DEPARTMENT OF TRANSPORTATION for various streets 2021- Bayonne Project Fiscal Year 2020 Municipal Aid Program in the amount of $ CR-16 Authorizing the submission of a grant application and execute a grant contract with the NEW JERSEY DEPARTMENT OF TRANSPORTATION for the Pedestrian Intersection Improvements -8th Street Light Rail Station Project. CR-17 Ratifying and affirming the actions of the Public Safety Director, in entering into a Third Party Purchasing Agent Agreement with MCCABLE AMBULANCE SERVICES, INC. for the emergency procurement of Personal Protective Equipment (“PPE”), including but not limited to, FDA approved respirator masks, goggles, face shields and protective suits, fur us by the City’s First Responders and employees, in an amount not to exceed $75,000.00 in accordance with the NJ Governor’s Executive Order(s) relaxing public contracts law requirements during the Covid- 19 declared State of Emergency. CR-18 Granting 1 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Designating certain property located at 21 West 46th Street, 19 West 46th Street, 17 West 46th Street, 12 West 47th Street, 16 West 47th Street, 20 West 47th Street, 22 West 47th Street and 24 West 47th Street, which property is identified as Block 77, Lots 13, 14, 15 27, 28, 29, 30, 31 and 32 on the official tax map of the City of Bayonne as a non-condemnation area in need of redevelopment and authorizing and directing the Planning Board to prepare a redevelopment plan, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (Resnick’s) R-2 Designating certain property located at 86 East 22nd Street, 88 East 22nd Street, 90 East 22nd Street, 92 East 22nd Street and 111 Avenue F, which property is identified as Block 456, Lots 10, 9, 8.02, 8.03 and 8.01 on the official tax map of the City of Bayonne as a non-condemnation area in need of redevelopment and authorizing and directing the Planning Board to prepare a redevelopment plan, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. R-3 Designating the property located 471 Broadway, which property is identified as Block 210, Lot 25.01 on the official tax map of the City of Bayonne as a non- condemnation area in need of redevelopment and authorizing and directing the Planning Board to prepare a redevelopment plan, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (Rite-Aid) R-4 Designating JERSAM REALTY, LLC as redeveloper for the property located 63-67 New Hook Road, which property is identified as Block 416, Lot 3 on the official tax map of the City of Bayonne and authorizing the execution of a Redevelopment Agreement with Jersam Realty, LLC for the development of such property in accordance with the Redevelopment Plan. (Cold Storage Warehouse) R-5 Amending the Redevelopment Agreement with 975 BROADWAY OWNER, LLC for reconstruction of Dr. Morris Park in accordance with the Redevelopment Plan. R-6 Designating 345-347 AVENUE A URBAN RENEWAL LLC as redeveloper for the property located at 345-347 Avenue A and identified as block 254, Lot 22.01 on the official tax map of the City of Bayonne and authorizing the execution of a redevelopment agreement with 345-347 Avenue A Urban Renewal LLC for the redevelopment of such property in accordance with the redevelopment plan. R-7 Authorizing the Mayor and City Clerk to execute a Settlement Agreement and Release with ACE AMERICAN INSURANCE CO., in form and substance as is approved by the Law Director, in the amount of $200,000.00 from ACE in full and final settlement of all claims made in the lawsuit entitled, “City of Bayonne v. ACE American Insurance Co., Inc., et al.

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