City Council - Council Meeting

As of 8/10/2018 10:30 AM CITY OF BAYONNE CITY COUNCIL REGULAR MEETING AUGUST 15, 2018 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 20, PERSONNEL POLICIES. (Directors/Statutory Officers’ salaries) O-2 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY ADOPTING A SECOND AMENDED REDEVELOPMENT PLAN FOR THE PROPERTY COMMONLY KNOWN AS BAYONNE BAY EAST LOCATED AT THE PENINSULA AND REFERRED TO AS A PORTION OF BLOCK 830, LOTS 1.05, 1.06, 1.07, AND A PORTION OF MEMORIAL BOULEVARD FORMERLY A PORTION OF BLOCK 830, LOT 1 AS SHOWN ON THE OFFICIAL TAX MAP IN THE CITY OF BAYONNE PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 30A:12A-1 ET. SEQ. Business Administration O-3 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY ADOPTING A REDEVELOPMENT PLAN FOR CERTAIN PROPERTIES LOCATED AT 343 AVENUE A AND 345-347 AVENUE A, WHICH PROPERTIES ARE IDENTIFIED AS BLOCK 254, LOTS 22 & 23, PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ. (Washington Parkway) Business Administration O-4 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, ADOPTING A REDEVELOPMENT PLAN FOR PROPERTY LOCATED AT 115-117 WEST 2ND STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 365, LOT 9, 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. (Chris’ Corner) Business Administration O-5 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 26 NORTH AVENUE URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED AT 26 NORTH STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 297, LOT 3 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. (Long term tax exemption – PILOT – Pagano’s property) Business Administration O-6 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 175 WEST 7TH URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED AT 175 WEST 7TH STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 304, LOT 1 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. (Long term tax exemption – PILOT – Echo Auto property) Business Administration O-7 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A PARKING AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND BAYONNE EQUITIES URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED AT 19-25 WEST 22ND STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 203, LOT 4 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. Business Administration O-8 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AUTHORIZING THE EXECUTION OF A PARKING AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND EOM REALTY, LLC FOR THE LEASE  Council Caucus August 8, 2018 Page 2 of 8 OF PUBLIC SPACES IN A PARKING STRUCTURE TO BE BUILT ON BLOCK 184, LOT 10 OR BLOCK 179 LOTS 4, 5 AND 6 IN CONJUNCTION WITH THE REDEVELOPMENT PLAN FOR 554-556 BROADWAY AND 11 EAST 25TH STREET AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. (Mandee’s Redevelopment) Business Administration O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones) Public Safety ADD 072. Juan Albizu, 108 West 3rd Street 073. Valeriy D. Levin, 20 West 18th Street 075. Geraldine LaPalerma, 25 East 32nd Street PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION O-10 AN ORDINANCE ADOPTING AN AMENDED REDEVELOPMENT PLAN FOR A PORTION OF A SCATTERED SITE BLOCK 393, LOTS 3, 4 & 5, LOCATED AT 736-742 AVENUE E; and a resolution fixing Wednesday, September 12, 2018 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. (Beacon Oil) Business Administration O-11 AN ORDINANCE APPROVING A 5 YEAR EXEMPTION APPLICATION FOR 191 BROADWAY - BLOCK 318 LOT 20; and a resolution fixing Wednesday, September 12, 2018 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. (New construction on the site that was formerly Naples Pizzeria) Business Administration O-12 BOND ORDINANCE PROVIDING FOR VARIOUS 2018 CAPITAL IMPROVERMENTS, BY AND IN THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $3,650,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $3,475,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF; and a resolution fixing Wednesday, September 12, 2018 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 O-13 BOND ORDINANCE PROVIDING FOR AQUEDUCT IMPROVEMENTS, BY AND IN THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $11,700,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $11,700,000 BONDS OR NOTES TO FINANCE THE COST THEREOF; and a resolution fixing Wednesday, September 12, 2018 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 O-14 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, September 12, 2018 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. (No Parking on east side of Broadway from 53rd Street south 83 feet) Public Safety O-15 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, September 12, 2018 at 7:00 P.M., and the Dorothy  Council Caucus August 8, 2018 Page 3 of 8 E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Restrictive Parking Zones) Public Safety DELETE 059. Justyna Petrinczyk, 346 Avenue C 072. William Rocheny, 23 New Streeet 255. Maureen Anderson, 17 West 31st Street 281. Yolanda Ramos, 15 East 39th Street 299. Vito Barbito, 55 East 4th Street 397. German Valdez, 160 West 49th Street 405. Margaret Oberanowicz, 80 West 42nd Street ADD 171. Valeriy D. Levin, 20 West 18th Street 174. George Baran, 15 West 18th Street 181. Carmine Fiorino, 120 West 50th Street RELOCATE 367. Kamal Morgan, 21 East 16th Street COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Peter N. Davis, Esq., filing notice of tort claim on behalf of VIOLET MULLEADY alleging personal injuries resulting from a fall on the sidewalk on March 8, 2018 at 728 Broadway. C-2 From MARYANN McGILLIS, filing notice of tort claim alleging property damage to her automobile on July 5, 2018 resulting being backed into by a City of Bayonne school bus at the 16th Street Park . C-3 From the Superior Court of New Jersey, Chancery Division, Summons and Complaint in matter entitled, “BAYVIEW LOAN SERVICING, LLC vs. ELLIOTT, et al., incl. THE CITY OF BAYONNE.” (Mortgage foreclosure – city has a subsidiary Community Development mortgage) C-4 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “NJD DEVELOPMENT, LLC vs. THE CITY OF BAYONNE.” (752-756 Avenue E, Block 393, lot 16 - commercial) C-5 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “ADIMOOLAN vs. THE CITY OF BAYONNE.” (687 Kennedy Boulevard, Block 176, lot 22 - commercial) C-6 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “ADIMOOLAN vs. THE CITY OF BAYONNE.” (416 Avenue C, Block 231, lot 55 - commercial) C-7 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “ADIMOOLAN vs. THE CITY OF BAYONNE.” (361 Broadway, Block 240, lot 22 - commercial) C-8 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “RODRIGUEZ vs. THE CITY OF BAYONNE.” (Foot of Oak Street, Block 473.03, lot 1 - vacant) C-9 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “YES CHRIS DEVELOPMENT, LLC vs. THE CITY OF BAYONNE.” (400-404 Broadway, Block 226, lot 43 - commercial) C-10 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “YES CHRIS DEVELOPMENT, LLC vs. THE CITY OF BAYONNE.” (9 East 18th Street, Block 228, lot 1 - commercial)  Council Caucus August 8, 2018 Page 4 of 8 C-11 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “TUBITO vs. THE CITY OF BAYONNE.” (381-383 Broadway, Block 239, lot 15 - commercial ) C-12 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “GOUDA vs. THE CITY OF BAYONNE.” (23 Silver Street, Block 325, lot 16 – 1-4 family residential) C-13 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “BROADWAY 135, LLC vs. THE CITY OF BAYONNE.” (671-673 Broadway, Block 153, lot 15 - commercial) C-14 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “PORTLAND PETROLEUM, INC. vs. THE CITY OF BAYONNE.” (205 Port Jersey Boulevard, Block 397, lot 2 - industrial) C-15 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “SUMO COMPANIES vs. THE CITY OF BAYONNE.” (103 Oak Street, Block 473.02, lot 1 - vacant) C-16 From the Tax Court of New Jersey, Summons and Complaint in matter entitled, “BANK OF AMERICA vs. THE CITY OF BAYONNE.” (701-705 Broadway, Block 145, lot 13 - commercial) C-17 From STACIE PERCELLA, filing a notice of tort claim alleging a violating of her 1st Amendment Rights at the Regular Council Meeting of June, 2018. 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, CFO, SUPPLEMENTAL DEBT STATEMENT as of August 15, 2018. Finance OR-3 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on August 2, 2018: Finance $5,692,692.00 Claims and payroll for claims and payroll for August, 2018 OR-4 From the Purchasing Agent reporting on bids received July 31, 2018, for transmission repair services. (1 bidders) Purchasing RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday July 18, 2018. City Clerk CR-2 Approving the minutes of the adjourned regular meeting held Wednesday July 11, 2018. City Clerk CR-3 Approving the minutes of the council caucus held Wednesday, July 11, 2018. City Clerk CR-4 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (4 properties) Tax Collector  Council Caucus August 8, 2018 Page 5 of 8 CR-5 Ordering a current fund warrant payable to the STATE OF NEW JERSEY in the amount of $1,701.00 in payment of an invoice from the Department of Labor relating to assessments levied on New Jersey Employers. Chargeable to Group Insurance. Finance CR-6 Ordering a warrant in the amount of $2,750.00 drawn to the order of the TREASURER, STATE OF NEW JERSEY representing the state’s share of 110 marriage licenses issued during the months of April, May and June, 2018. City Clerk CR-7 Ordering a warrant in the amount of $33.60 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 13 dog licenses issued in July, 2018. City Clerk CR-8 Ordering a warrant in the amount of $7,000.00 payable to the BAYONNE FAMILY COMMUNITY CENTER for the annual renewal of the membership fee for the Police Department for the one year period commencing July 1, 2017 and the one year period commencing July 1, 2018. Chargeable to Account PS-9. Public Safety CR-9 Authorizing a warrant payable to GTBM, East Rutherford, NJ for the semi- annual software license renewal and support for the Police Department’s “Info Cop” mobile computer software for the period commencing July 20, 2018 through December 20, 2018, in the amount of $5,568.75. Chargeable to Account PS-9. Public Safety CR-10 Ratifying and confirming the actions of the Municipal Treasurer in issuing payment from Current Fund in the amount of $6,708,693.78 payable to the COUNTY OF HUDSON for third quarter county taxes of 2018 and county open space tax. Finance CR-11 Ratifying and confirming the actions of the Municipal Treasurer in issuing a warrant from the Unemployment Trust Fund in the amount of $6,708.98 payable to the STATE OF NEW JERSEY DIVISION OF EMPLOYER ACCOUNTS for City of Bayonne unemployment bills for quarter ending June 30, 2018. Finance CR-12 Ratifying and confirming the actions of the Municipal Treasurer in issuing a warrant to the U.S. DEPARTMENT OF THE TREASURY in the amount of $3,857.46 for PCORI fees. Chargeable to Account – Group Insurance. Finance CR-13 Authorizing the Mayor and City Clerk to enter into an agreement with UCP OF HUDSON COUNTY for pediatric medical day care services for an amount not to exceed $23,000.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG-972. Community Development CR-14 Authorizing the Mayor and City Clerk to enter into an agreement with the COMMUNITY DAY NURSERY for preschool childcare services for low income families for an amount not to exceed $45,000.00 for a one year period commencing September 1, 2018. Chargeable to Account CDBG-968. Community Development CR-15 Authorizing the Mayor and City Clerk to enter into an agreement with VICTORY HALL for art instruction in the area of drawing and painting for the adult/young adult developmentally disabled for an amount not to exceed $6,500.00 for a one year period commencing September 1, 2018. Chargeable to Account CDBG 978. Community Development CR-16 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE PAL DAY CARE CENTER for an after school program and summer camp child care program for an amount not to exceed $25,000.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG-979. Community Development  Council Caucus August 8, 2018 Page 6 of 8 CR-17 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE COMMUNITY MENTAL HEALTH CENTER for addiction treatment services in an amount not to exceed $10,000.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG-974. Community Development CR-18 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE COMMUNITY MENTAL CENTER for psychiatric services for emotionally disturbed children for an amount not to exceed $10,000.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG- 975. Community Development CR-19 Authorizing the Mayor and City Clerk to enter into an agreement with the WINDMILL ALLIANCE for the HIGHWAYS program to provide community outreach services for an amount not to exceed $15,300.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG-971. Community Development CR-20 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE YOUTH CENTER for an after school program for an amount not to exceed $10,000.00 for a one year period commencing September 1, 2018. Chargeable to Account – CDBG-976. Community Development CR-21 Authorizing the Mayor and City Clerk to execute a license agreement with MACK MADE t/a THE BRIDGE ARTS FESTIVAL for the purpose of an Art and Music Festival to be held on Saturday, September 8, 2018 in Mayor Dennis P. Collins Park from 11:00 AM to 7:00 PM. Recreation CR-22 Authorizing the submission of a grant application to the NJ DEPARTMENT OF TRANSPORTATION for the FY2018 Transportation Alternatives Set-Aside Program. Business Administration CR-23 Authorizing the submission of a grant application to the NJ DEPARTMENT OF TRANSPORTATION for a Safe Routes to School Program 2018 grant. Business Administration CR-24 Authorizing an amended settlement of a prior year State Tax Court appeal of the property previously owned by ENGLE HOLDING COMPANY and located at 52 Hook Road, Block 427, lot 1. (Providing for a refund in lieu of tax credits since the property owner has sold the property.) Tax Assessor CR-25 Amending Resolution No. 18-05-16-069 changing the name of the Humane Law Enforcement Officer from Stephanie Burt to Stephanie Burt Schiraldi, and adding Joseph Styles as an additional Humane Law Enforcement Officer. Public Safety CR-26 Amending Resolution No. 18-06-20-076, requesting approval of a dedication by rider to provide for the use of funds paid by developers for nonresidential fees to establish “Affordable Housing Trust Fund” programs, in order to cite N.J.S.A. 40A:12A-3 as the correct statutory authorization. CR-27 Amending Resolution No. 18-06-20-077, requesting approval of a dedication by rider to provide for the use of funds paid by outside vendors to the Police department to offset the costs of operating “Off Duty Police Reimbursement” programs, in order to cite Local Finance Notice LFN 2000-14 as the correct authorization. CR-28 Authorizing an amendment to Agreement No. CY17-073 with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION for the purpose of providing the salaries and fringe benefits of bus drivers in connection with the Senior Citizen Transportation Program, increasing the contract in the amount of $3,000.00 making the total contract amount $35,000.00. Chargeable to Account CDBG – 939. Community Development  Council Caucus August 8, 2018 Page 7 of 8 CR-29 Amending the capital budget. Finance CR-30 Removing Chief Drew Sisk as petty cash custodian for the police petty cash fund and designating CHIEF ROBERT GEISLER as custodian. Finance CR-31 Authorizing a Request for Proposals for SPECIAL REDEVELOPMENT COUNSEL. Business Administration CR-32 Authorizing the City Clerk to advertise for bids for rock salt. Purchasing CR-33 Authorizing the City Clerk to advertise for bids for snow removal. Purchasing CR-34 From the Bayonne Free Public Library requesting the amount of $400.00 to purchase postage for the Pitney Bowes postage machine used in the Library. Chargeable to account #8-01-29-390-0000-002. CR-35 Authorizing the Mayor and City Clerk to execute a License Agreement with CIRCULO HISPANO AMERICANO deBAYONNE for the purpose of a Hispanic Festival to be held on Saturday, September 29, 2018 to be located on Broadway, between 18th & 19th Street. CR-36 Authorizing the Mayor and City Clerk to execute a Lease Agreement with the Shamrock Society of Bayonne, Inc. for the purpose of an Irish Festival to be held on Saturday, September 15, 2018 to be located G. Thomas DiDomenico Park. CR-37 Authorizing the TAX LEVY SALE. CR-38 Authorizing the Mayor and City Clerk to enter into an agreement with HUDSON PRIDE CENTER for sensitivity training for Police Department, in an amount not to exceed of $2,500.00. CR-39 Granting ** Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Awarding a contract for transmission repair services to BORKER TRANSMISSION SERVICES, INC. the sole bidder, for a three period commencing September 1, 2018 with a possible two year extension, for an amount not to exceed $50,000.00. Chargeable to Account Vehicle Maintenance. Purchasing R-2 Awarding a contract for rodent and pest control services to BAYONNE EXTERMINATING COMPANY the low/sole bidder, for a three-year period commencing September 1, 2018 through August 31, 2021 in the amount of $28,350.00, ($9,350.00 - year 1; $9,450.00 - year 2; $9,550.00 - year 3). Chargeable to Account HW-8. Purchasing R-3 Designating 175 WEST 7TH URBAN RENEWAL, LLC as redeveloper of the property known and designated as 175 West 7th Street, Block 304, lot 1. Business Administration R-4 Reopening the Scattered Site Plan (December 2005) BAYER LOT SITE, Block 37, lot 1 for the purpose of consideration of amendments to the plan. Business Administration R-5 Reopening the Scattered Site Plan (December 2005) for the former produce market and vacant lot site at East 33rd Street, Block 140, lots 1, 60 & 61 for consideration of amendments to the plan. Business Administration R-6 Reopening the PENINSULA AT BAYONNE HARBOR redevelopment plan (Maritime District.) (Lincoln Equities) Business Administration  Council Caucus August 8, 2018 Page 8 of 8 R-7 Authorizing the City of Bayonne’s participation in the pooled note financing program of the HUDSON COUNTY IMPROVEMENT AUTHORITY.