City Council - Council Meeting

As of 8/23/2016 10:48 AM CITY OF BAYONNE CITY COUNCIL REGULAR MEETING AUGUST 24, 2016 REQUESTS TO ADDRESS THE COUNCIL RA-1 From CHRISTIAN PASSILANO, requesting permission to address the council on the subject of solar power initiatives for home and building owners. RA-2 From PETER FRANCO, requesting permission to address the council on the subject of Bayonne Municipal Utilities Authority. ORDINANCES SCHEDULED FOR HEARING O-1 AN ORDINANCE OF THE CITY OF BAYONNE DISSOLVING THE BAYONNE MUNICIPAL UTILITIES AUTHORITY PURSUANT TO N.J.S.A. 40A:5A-20 AND MAKING ADEQUATE PROVISION FOR THE PAYMENT OF CREDITORS OR OBLIGEES OF THE AUTHORITY AND THE ASSUMPTION OF THE SERVICES PROVIDED BY THE AUTHORITY. (Tabled from June 22, 2016) O-2 BOND ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY, PROVIDING AS PART OF THE DISSOLUTION OF THE BAYONNE MUNICIPAL UTILITIES AUTHORITY FOR THE ASSUMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF SUCH AUTHORITY ISSUED TO FINANCE SUCH AUTHORITY’S WATER AND SEWER SYSTEMS, APPROPRIATING NOT TO EXCEED $234,920 THEREFOR AND AUTHORIZING THE ASSUMPTION BY THE CITY OF NOT TO EXCEED $234,920 BONDS OF THE AUTHORITY FOR SUCH PURPOSE. (Tabled from June 22, 2016) O-3 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING AND AUTHORIZING THE EXECUTION OF A TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT FOR THE BENEFIT OF BAYONNE 19TH STREET URBAN RENEWAL ASSOCIATES, LLC. O-4 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING A FINANCIAL AGREEMENT WITH MHP 222 AVENUE E URBAN RENEWAL LLC. (CJ Murphy Redevelopment) O-5 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING A FINANCIAL AGREEMENT WITH BAYONNE ENERGY CENTER URBAN RENEWAL, LLC. O-6 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AUTHORIZING THE EXECUTION OF AN EASEMENT TO 662 AVENUE C URBAN RENEWAL, LLC. ORDINANCES PROPOSED FOR INTRODUCTION O-7 REPLACED BY ADD-2. O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION; and a resolution fixing, Wednesday, September 21, 2016, 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. ($150.00 fee for mar r i age cer emo nies ) Business Administration O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing, Wednesday, September 21, 2016, at 7:00 P.M., and the Dorothy  Regular Meeting August 14, 2016 Page 2 of 7 E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Restrictive Parking Zones) Public Safety DELETE 192. Courtney Booker, 97 West 30th Street 201. Dolores Mulkern, 29 East 48th Street 202. Janet Staruch, 31-35 East 11th Street 210. Cathy Alvaradous, 88 West 55th Street 256. Sharon Porter, 179 West 48th Street 280. Phyllis Viola, 24 West 41st Street 348. Christine Sorrentino for her mother, Barbara Katulka, 53 W . 4th Street 357. Judith Martin, 82 West 7th Street ADD 192. Linda Rapsis, 538 Avenue A 201. Linda Woodards-French for her husband, William French, 577 Broadway 202. Lona Wall, 44 West 55th Street 208. Joan Robinson, 84 Lord Avenue 210. Robert Kudlacik, 166 West 9th Street 232. John Nadrowski, 28 Elm Court 256. Bebawy Aziz, 177 West 48th Street 280. Robyn Bolles, for her father, Daniel Zimmerman, 41 West 16th Street 348. Irene Davis, for her son, Bamjamin Malterre, 482 Avenue A 357. Mary Megale, 931 Broadway COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Vincent L. Galasso, Esq., filing notice of tort claim on be half of PATRICIA BARBITO, alleging injuries sustained May 5, 2016 in a fall on the sidewalk at 562 Broadway. C-2 From John J. Rachinsky, Esq., filing notice of tort claim on be hal f of YONG AE CHUNG, alleging injuries sustained June 6, 2016 in a fall on the sidewalk at 442 Broadway. C-3 From SANDRA I. GENAODEABREU, filing notice of tort claim alleging property damage to her automobile on April 24, 2016 resulting from being struck by a fire engine at East 16th Street and Avenue E. C-4 From JAMES CARRENO, filing notice of tort claim alleging property damage to his automobile on April 18, 2016 resulting from being damaged by firefighters at 122 West 26th Street. C-5 From PRISCILLA ROSARIO, filing notice of tort claim alleging property damage to her automobile on July 10, 2016 resulting from striking a curb at 30th Street and Avenue E. C-6 From JOAQUIN ESPINAL, filing notice of tort claim alleging prope rty damage to his automobile on July 18, 2016 resulting from a tree branch falling at 31 Pointview Terrace. C-7 From GABRIELLA GERACE, filing notice of tort claim alleging property damage to her automobile on July 12, 2016 resulting from the contractor working on Clark Park at 8th Street and Avenue C. C-8 From MICHAEL C. MORRIS, filing notice of tort claim alleging prope rty damage to his automobile on April 24, 2016 resulting from striking a pot hole at 1000 Broadway. C-9 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “JASOLOVSKY vs. LEHIGH REALTY CO, INC. and the BAYONNE FIRE DEPARTMENT.” (Premises injury on July 22, 2014 at 158 We st 26th Street – city joined for discovery purposes)  Regular Meeting August 14, 2016 Page 3 of 7 C-10 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “LEONARD vs. THE CITY OF BAYONNE, e t al.” (Civil rights violations/employment) C-11 From the Tax Court of New Jersey, complaint in matte r e ntitled, “ BROADWAY BAYONNE REALTY LIMITED LIABILITY COMPANY vs. CITY OF BAYONNE.” (434- 436 Broadway, East 19th Street & East 21st Street, Block 221, lots 1, 4, 15-19 & 24 – commercial & vacant) C-12 From the Tax Court of New Jersey, complaint in matter entitled, “LPM SERVICES, INC. vs. CITY OF BAYONNE.” (446-456 Broadway, 11-13 East 21st Street, Block 211, lots 1-2 & 16-19 – commercial & vacant) C-13 From the Tax Court of New Jersey, complaint in matter entitled, “ MAJMUNDAR vs. CITY OF BAYONNE.” (15-17 East 21st Street, Block 211, lot 3 - commercial) C-14 From the Tax Court of New Jersey, complaint in matter entitled, “DC REAL PROPERTY CO., LLC vs. CITY OF BAYONNE.” (East 5th Street, Block 359, lot 4.05 - vacant ) C-15 From the Tax Court of New Jersey, complaint in matter entitled, “SUPERIOR- MPM, LLC vs. CITY OF BAYONNE.” (Hobart Ave. – East 4th Street, Block 359, lot 10 - industrial) C-16 From the Tax Court of New Jersey, complaint in matter entitled, “RITE AID #149 vs. CITY OF BAYONNE.” (1085-1089 Broadway, Block 31, lot 20-22 - commercial) C-17 From the Tax Court of New Jersey, complaint in matter entitled, “J & J BUILDERS, LLC vs. CITY OF BAYONNE.” (1122-1126 Kennedy Boulevard, Block 60, lot 1 - vacant) C-18 From the Tax Court of New Jersey, complaint in matter entitled, “J & J BUILDERS, LLC vs. CITY OF BAYONNE.” (41-47 West 34th Street, Block 131, lot 1 - vacant) C-19 From the Tax Court of New Jersey, complaint in matter entitled, “J & J BUILDERS, LLC vs. CITY OF BAYONNE.” (22 East 11th Street, Block 273, lot 23 - vacant) C-20 From the Tax Court of New Jersey, complaint in matter entitled, “J & J BUILDERS, LLC vs. CITY OF BAYONNE.” (101 East 21st Street, Block 457.01, lots 4 & 5 - vacant) C-21 From the Tax Court of New Jersey, complaint in matter entitled, “J & J BUILDERS, LLC vs. CITY OF BAYONNE.” (196-198 Avenue E, Block 458, lots 7 & 8 – commercial & vacant) C-22 From the Tax Court of New Jersey, complaint in matter entitled, “ESSES ENTERPRISES, INC. vs. CITY OF BAYONNE.” (477 Broadway, Block 204, lot 2 - commercial) C-23 From the Tax Court of New Jersey, complaint in matter e ntitled, “ RODRIGUEZ vs. CITY OF BAYONNE.” (Foot of Oak Street, Block 473.01, lot 1 - vacant) C-24 From the Tax Court of New Jersey, complaint in matter entitled, “SUMO COMPANIES, INC. vs. CITY OF BAYONNE.” (103 Oak Street, Block 473.02, lot 1 - vacant) C-25 From the Tax Court of New Jersey, complaint in matter entitled, “403 PROP INC. vs. CITY OF BAYONNE.” (403 Broadway, Block 231, lot 27 - commercial)  Regular Meeting August 14, 2016 Page 4 of 7 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 Terrence Malloy, 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 Terrence Malloy, Chief Financial Officer, Certificate of De te rmination and Award of sale of $10,000,000 Tax Anticipation Notes of 2016. (Provident Bank @ 1.998%) Finance OR-3 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on August 4, 2016: Finance $5,239,669.59 Claims and payroll for August, 2016 OR-4 From the Purchasing Department reporting on bids received July 27, 2016 for traffic controllers. (2 bidders) Purchasing RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held We dnesday, July 20, 2016. City Clerk CR-2 Approving the minutes of the special council meetings held We dnesday, July 6, 2016 and July 13, 2016. City Clerk CR-3 Approving the minutes of the council caucus held Wednesday, July 13, 2016. City Clerk CR-4 Ordering warrants drawn to taxpayers representing refunds for ove rpayme nt of taxes. (11 properties) Tax Collector CR-5 Ordering a warrant drawn from Current Fund and made payable to the STATE OF NEW JERSEY in the amount of $1,882.50 in payment of an invoice from the Department of Labor relating to assessment levied on New Jersey Employers. Chargeable to Group Insurance. Finance CR-6 Ordering a warrant in the amount of $45.40 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 17 dog licenses issued in July, 2016. City Clerk CR-7 Extending the current contract with BORKER TRANSMISSION SERVICES INC. for an additional two years commencing on September 1, 2016 for amount not to exceed $30,000.00 based on current usage, pursuant to Resolution#13-08-14- 041. Public W orks CR-8 Authorizing renewal of the annual contract with DIGITAL DATA SOLUTIONS., Columbus, OH, for maintenance and support for the Police Department’s AccuGlobe E9-1-1 crime mapping and wireless caller locator software, for a six month period commencing July 1, 2016, in the amount of $3,146.00, and ordering a warrant in payment. Chargeable to Account #PS-9. Public Safety CR-9 Ratifying and confirming the actions of Mayor James M. Davis in signing a Memorandum of Agreement for the Bayonne Fire Department to become a member of the NEW JERSEY OFFICE OF EMERGENCY MANAGEMENT TASK FORCE ONE URBAN SEARCH AND RESCUE TEAM. Public Safety  Regular Meeting August 14, 2016 Page 5 of 7 CR-10 Authorizing the Bayonne Police Department to enter into an interlocal agreement with the COUNTY OF HUDSON to accept $14,855.00 in law e nforcement grant funding through the 2016 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, funded through the US Department of Justice for law enforcement programs and equipment. Public Safety CR-11 Authorizing the Mayor and City Council to accept a grant award from the FIREHOUSE SUBS SAFETY FOUNDATION for seven sets of fire fighter turnout gear valued up to $16,440.20. Public Safety CR-12 Ratifying and confirming the actions of the Mayor and City Clerk in executing an agreement with the BAYONNE COMMUNITY DAY NURSERY to provide the cost of the installation of a fire suppression system at its building located at 591 Broadway pursuant to the proposal from APPROVED FIRE PROTECTION in the amount of $5,145.00 and ratifying the actions of the Director of Community Development in retaining Approved Fire Protection to install the fire suppression system. Chargeable to Account CDBG-867. Community Development CR-13 Authorizing the sale of one city vehicle no longer serviceable at auction. (1993 GMC pickup truck) Public Safety CR-14 Authorizing the City Clerk to advertise for bids for rock salt and snow re moval. Purchasing CR-15 WITHDRAWN. City Clerk CR-16 Granting 3 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Awarding a contract for traffic controllers to SIGNAL CONTROL PRODUCTS INC., Branchburg, NJ, the low bidder, in the amount of $89,160.00. Chargeable to Account – Recycling 12-286-56-308-2-199. Purchasing R-2 Authorizing the Mayor and City Clerk to enter into an agreement with DYNAMIC TESTING SERVICES for the provision of controlled dangerous substance/alcohol testing for the Department of Public Works and the Municipal Utilities Authority for a period of 18 months commencing July 1, 2016 in the amount of $4,140.00. Chargeable to Account HW-33. Business Administration R-3 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE JEWISH COMMUNITY CENTER for their after school daycare program for low income children in an amount not to exceed $6,000.00 for the one ye ar period commencing September 1, 2016. Chargeable to Account CDBG-924. Community Development R-4 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE COMMUNITY DAY NURSERY for pre -school childcare for low income families in an amount not to exceed $42,000.00 for the one year period commencing September 1, 2016. Chargeable to Account CDBG-920. Commu n i ty Development R-5 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE FAMILY COMMUNITY CENTER for childcare services for low income families in an amount not to exceed $22,000.00 for the one year period commencing September 1, 2016. Chargeable to Account CDBG-927. Commu n i ty Development R-6 Authorizing the Mayor and City Clerk to enter into an agre ement with UCP OF HUDSON COUNTY for its pediatric medical daycare center in an amount not to exceed $18,000.00 for the one year period commencing September 1, 2016. Chargeable to Account CDBG-923. Community Development  Regular Meeting August 14, 2016 Page 6 of 7 R-7 Authorizing the Mayor and City Clerk to enter into an agreement with VICTORY HALL for art instruction/development in the area o drawing and painting for developmentally disabled adults/young adults in an amount not to exceed $6,000.00 for the one year period commencing September 1, 2016. Charge able to Account CDBG-928. Community Development R-8 Authorizing the Mayor and City Clerk to enter into an agreement with the WINDMILL ALLIANCE for the HIGHWAYS program to provide community outreach services in an amount not to exceed $22,000.00 for the one year period commencing September 1, 2016. Chargeable to Account CDBG-922. Commu n i ty Development R-9 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION (BEOF) to provide for the cost of reconstruction at the HEAD Start locations at 7 West 9 th Street and 21 West 8th Street to be completed by AA-ABCO CONSTRUCTION in an amount not to exceed $215,270.00 for the one year period commencing Septembe r 1, 2016. Chargeable to Account CDBG-917. Community Development R-10 Authorizing the Mayor and City Clerk to enter into an agreement wit h the BAYONNE HOUSING AUTHORITY to provide for the cost of plumbing work for sanitary sewer repairs at Pamrapo Gardens to be completed by GEORGE KNOBLOCH, INC., Jersey City, NJ, in an amount not to exceed $112,000.00 for the one year period commencing September 1, 2016. Chargeable to Account CDBG-917. Community Development R-11 Approving Change Order to the contract with APPLIED LANDSCAPE TECH, Montville, NJ for improvements to Don Ahern Veterans Stadium, increasing the contract in the amount of $85,318.52, making the total contract amount $2,291,071.49. Public W orks R-12 Introducing Budget Amendments for the CY 2016 budget; and fixing, Wednesday, September 21, 2016, 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. Finance R-13 Approving Temporary Emergency Appropriation #7 in the CY 2016 budget. Finance R-14 City Clerk’s Office Election worker payments. City Clerk R-15 Authorizing the 2016 BULK LEVY TAX SALE, and authorizing ARCHER & GREINER, Red Bank, NJ to perform the professional legal services in connection with the tax sale for a fee not to exceed $15,000.00, pursuant to the ir current contract with the city. Finance R-16 Authorizing the settlement of two state tax court appeals. Tax Assessor R-17 Cancelling taxes and ordering a refund of any resulting ove rpayme nt on Block 221, lot 26, obtained by the City of Bayonne for public use as of June 29, 2016. Tax Assessor R-18 Conditionally designating BB BAYONNE, LLC as redeveloper of the property located at 140 Avenue B, 138 Avenue B, 103 West 44th Street and 101 West 44th Street, which property is identified as Block 84, lots 6, 7, 8 and 9 as shown on the official Tax Map of the City of Bayonne and authorizing the negotiation and preparation of a redevelopment agreement with BB BAYONNE, LLC for the redevelopment of such property in accordance with the redevelopment plan. Planning R-19 Conditionally designating BAYONNE ENERGY CENTER URBAN RENEWAL II, LLC, as redeveloper of the Property located at Constable Hook (a/k/a Ne w Hook Road) which property is identified as Block 482, loots 10 and 11 on the official  Regular Meeting August 14, 2016 Page 7 of 7 Tax Map of the City of Bayonne; and authorizing the execution of a redevelopment agreement with Bayonne Energy Center, II, LLC for the redevelopment of such property in accordance with the redevelopment plan. Planning R-20 Authorizing and directing the Planning Board to conduct a preliminary investigation to determine whether certain property located at 16 Bayvie w Court and 18-20 Bayview Court and more specifically known as Block 333.01, lots 1 and 2 constitutes a non-condemnation area in need of redevelopme nt pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (Best Foods Redevelopment) Planning R-21 Authorizing a Financial Agreement (PILOT) with 160 EAST 22 ND ST. URBAN RENEWAL, LLC, for property identified as Block 464.01, lot 2.02 on the Tax Map of the City of Bayonne. Planning TO BE ADDED AT THE MEETING ADD-1 From Hon. James M. Davis, Mayor, notice of intention to expand the existing residential permit parking zones to the westerly side of Kennedy Boulevard and/or all dead-end streets west of Avenue A pursuant to section 7 -17.1 of the Revised General Ordinances of the City of Bayonne. (Council has 45 days to disapprove by resolution.) Mayor ADD-2 Authorizing and directing the Planning Board to amend and prepare a Redevelopment Plan for the property located at 101 East 23rd Street; 103 East 23rd Street; 105 East 23rd Street; East 23rd Street; 102-106 East 24th Stre et; and 162-170 Avenue F, which property is identified as Block 445, lots 1, 2, 3, 4, 5 and 7 as shown on the official Tax Map of the City of Bayonne. (Parkview Redevelopment) Planning