City Council - Council Meeting

As of 2/20/2019 1:46 PM CITY OF BAYONNE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2018 ORDINANCES SCHEDULED FOR HEARING O-1 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AMENDING THE REDEVELOPMENT PLAN FOR 8TH STREET REHABILITATION PLAN (BAYVIEW SHOPPING CENTER) RELATED TO THE PROPERTY LOCATED AT 211-219 WEST 5TH STREET, WHICH PROPERTY IS IDENTIFIED AS BLOCK 300.01, LOT 1 & 6 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. (Nacirema and A&P) Planning O-2 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY ADOPTING A SECOND AMENDED REDEVELOPMENT PLAN FOR THE PROPERTIES LOCATED AT 171-181 LEFANTE WAY; 77-97 LEFANTE WAY; 101- 129 LEFANTE WAY; 131-139 LEFANTE WAY; AND 191 LEFANTE WAY, WHICH PROPERTIES ARE IDENTIFIED AS BLOCK 412, LOTS 1.01, 2.01, 2.021, 2.022 AND 2.03, AND COMMONLY KNOWN AS SOUTH COVE, AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. (South Cove) Planning O-3 ORDINANCE OF THE CITY OF BAYONNE AMENDING AND SUPPLEMENTING THE REVISED ORDINANCES OF THE CITY OF BAYONNE CHAPTER 33 PLANNING AND DEVELOPMENT REGULATIONS TO PROVIDE FOR TAX MAP AND GEOGRAPHICAL INFORMATION SYSTEM MAINTENANCE FEES AND ELECTRONIC SUBMISSIONS. Tax Assessor O-4 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AUTHORIZING A FIRST AMENDMENT TO FINANCIAL AGREEMENTS WITH PSIP AVENUE A URBAN RENEWAL II, LLC WITH RESPECT TO BLOCK 333.03, LOTS 1 AND 4 (A.K.A. PHASE 1) AND TO PSIP AVENUE A URBAN RENEWAL, LLC WITH RESPECT TO BLOCK 333.02, LOT 1 AND BLOCK 333.03, LOTS 2 AND 3 (A.K.A. PHASE 2) IN THE CITY OF BAYONNE. (Corrects discrepancies in the agreement) Planning O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones) Public Safety DELETE 019. Patrick Johnson, 38 West 12th Street 128. Evelyn Kimock, 44 East 39th Street 250. Palma Wasser, 2 Pamrapo court, Apt. 1-D 400. Geraldine Rogers, 62 Trask Avenue ADD 201. Frederick Regenye, 17 Sunset Avenue 205. Rosalina Liranzo, 8 East 33rd Street 217. Deborah Bocchino, 76 West 6th Street 225. John Donatelli, Jr., 9 East 51st Street 236. Miriam Lopez, 95 West 52nd Street 239. Jeannette Onysko, 128 West 51st Street 243. Agustin Caamano, 330 Avenue E 245. Bernardino Ortiz, Jr., 92 West 33rd Street 253. Vioula Hanna, 143 West 26th Street 255. Brandon Smith, 577 Broadway RELOCATE 070. Christopher Reo, from 703 Avenue E to 20 East 10th Street 402. Anmary Zaky for her mother, Genyan Hana from 133 West 20th Street to 313 Avenue A PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. ORDINANCES PROPOSED FOR INTRODUCTION  Regular Meeting February 14, 2019 Page 2 of 7 O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION; and a resolution fixing Wednesday, March 20, 2019 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. (Raising the application fee for representation in the Municipal Court by the Public Defender from $50.00 to $200.00) Law O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 26, SOLID WASTE MANAGEMENT; and a resolution fixing Wednesday, March 20, 2019 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. (Adding Article 2, construction, Renovation, and Demolition Debris) Public Works O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 3, POLICE REGULATIONS; and a resolution fixing Wednesday, March 20, 2019 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. (Prohibiting discarding of construction materials for city collection and prohibiting pickup of illegal materials by the city’s collection contractor) Public Works O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE; and a resolution fixing Wednesday, March 20, 2019 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. (Prohibiting discarding of construction materials for city collection and prohibiting pickup of illegal materials by the city’s collection contractor) Public Works O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS; and a resolution fixing Wednesday, March 20, 2019 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. (Creating the Harbour Place Special Improvement District) O-11 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 3, POLICE REGULATIONS; and a resolution fixing Wednesday, March 20, 2019 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. (Noise ordinance – banning construction and demolition activities on Sundays and federal holidays) Council R-8 Designating certain property locate at 71 New Access Hook Road and 69 New Hook Access Road, which property is identified as Block 416, lots 1 & 2 as a non- condemnation area in need of redevelopment and authorizing and directing the planning board to prepare a redevelopment plan for the property pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. Planning O-12 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON , NEW JERSEY ADOPTING A REDEVELOPMENT PLAN FOR CERTAIN PROPERTY LOCATED AT 71 NEW HOOK ACCESS ROAD AND 69 NEW HOOK ACCESS ROAD, WHICH PROPERTY IS IDENTIFIED AS BLOCK 416, LOTS 1 & 2 PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ. Planning O-13 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, March 20, 2019 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  Regular Meeting February 14, 2019 Page 3 of 7 375. Lucille Pickney, 149 West 3rd Street ADD 301. Rose Mary Fasciani, 163 West 8th Street 302. Anna Carroll, 14 West 12th Street 307. Nemr Habeb, 726 Avenue A for his son, Andrew Habeb 308. Anna D’Anna Masciale, 97 West 50th Street 313. Walter Francis, 151 Lord Avenue 316. Arlene Tiamzon, 160 West 53rd Street 317. Dee Chesnavich, 167 West 20th Street 322. Fred Prisk, 4 Meadow Street 323. Noel Petrakian, 38 West 43rd Street RELOCATE 283. Sherry Basden-Heard, from 165 Newman Avenue to 101 West 49th Street COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Brandon J. Broderick, Esq., filing notice of tort claim on behalf of RICKY INOA-LIRIANO alleging personal injuries resulting from being struck by an automobile on October 31, 2018 at 16th Street and Avenue C. C-2 From Brandon J. Broderick, Esq., filing notice of tort claim on behalf of JAKE INOA-LIRIANO alleging personal injuries resulting from being struck by and automobile on October 31, 2018 at 16th Street and Avenue C. C-3 From Brandon J. Broderick, Esq., filing notice of tort claim on behalf of AARON PINTO alleging personal injuries resulting from being struck by an automobile on October 31, 2018 at Avenue C and 16th Street. C-4 From Brandon J. Broderick, Esq., filing notice of tort claim on behalf of MARIA LIRIANO alleging personal injuries resulting from being struck by an automobile on October 31, 2018 at Avenue C and 16th Street. C-5 From Dennis M. Abrams, Esq., filing notice of tort claim on behalf of CHIMENE DEJESUS alleging personal injuries resulting from a fall on the front step of a house at 12 West 46th Street. C-6 From ANDREW TJANG, filing notice of tort claim alleging property damage to his automobile tires on November 17, 2018, resulting from a raised manhole at Kennedy Boulevard near 35th Street. C-7 From MAHAMED KHAN, filing notice of tort claim alleging property damage to his impounded automobile and personal property removed from it on January7, 2019, following a traffic stop on Avenue C and 40th Street. C-8 From Superior Court of New Jersey, Law Division Summons and Complaint in matter entitled, “MASON vs. THE CITY OF BAYONNE.” (Motorcycle accident with a pothole on September 4, 2017, on Port Terminal Boulevard) C-9 From Superior Court of New Jersey, Law Division Summons and Complaint in matter entitled, “STYLES vs. THE CITY OF BAYONNE.” (Suit for legal fees in defense of police officer) 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 Hon. James M. Davis, Mayor, Executive Order #2019-01, Active Duty Reservists. (Providing for payment of the difference between salary and military pay for reservists called up on active duty.) Mayor  Regular Meeting February 14, 2019 Page 4 of 7 OR-2 From Hon. James M. Davis, Mayor, reappointing EDUARDO FERRANTE, JR. as Emergency Management Coordinator for a terms to expire March 4, 2022. Mayor OR-3 From Terrence Malloy, Chief Financial Officer, ANNUAL DEBT STATEMENT for 2018. Finance OR-4 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-5 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on February 4, 2019: Finance $5,692,692.00 Claims and payroll for claims and payroll for February, 2019 RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday January 16, 2019. City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, January 9, 2019. City Clerk CR-3 Appointing SUSAN FERRARO, ESQ. as New Jersey Intergovernmental Insurance Fund (NJIIF) Commissioner and BRIAN DELLABELLA as Alternate NJIIF Commissioner for a three year term commencing January 1, 2019. Mayor CR-4 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (5 properties) Tax Collector CR-5 Ordering a warrant in the amount of $1,292.00 payable to SESAC, INC., Nashville, TN, representing payment for annual license to play music at various functions including, but not limited to, festivals, firework shows, concerts, community centers and “on hold” telephone calls for the one year period commencing January 1, 2019. Chargeable to Account BA-2. Business Administrator CR-6 Authorizing the refund of $56,250.00 to KAPLAN-PROMENADE AT BAYONNE, LLC, as a credit against excess connection fees deposited with the City of Bayonne in 2005. Chargeable to Water/Sewer O.E. Business Administration CR-7 Ordering a warrant in the amount of $891.40 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 462 dog licenses issued in January, 2019. City Clerk CR-8 Ratifying and confirming the actions of the Municipal Treasurer in issuing payment from Current Fund in the amount of $6,894,733.35 payable to the COUNTY OF HUDSON for First Quarter County Taxes of 2019, County Open Space Tax and Added/Omitted Tax. Finance CR-9 Ratifying and confirming the actions of the Municipal Treasurer in issuing a warrant from the Unemployment Trust Fund in the amount of $13,819.18 payable to the STATE OF NEW JERSEY DIVISION OF EMPLOYER ACCOUNTS for City of Bayonne unemployment bills for quarter ending December 31, 2018. Finance CR-10 Authorizing the Police Department to sell at auction two vehicles that have reached their useful life and are too costly to repair. Public Safety  Regular Meeting February 14, 2019 Page 5 of 7 CR-11 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION for the purpose of providing the cost of asbestos abatement for ceiling plaster, vinyl floor tiles, pipes and wall paneling of the former Holy Family property located at 237-249 Avenue A by the LILICH CORPORATION, Woodland, NJ, in the amount of $186,355.00. Chargeable to Account #CDBG-917. Community Development CR-12 Authorizing the Mayor and City Clerk to enter into an agreement with PROPHOENIX CORPORATION, Moorestown, NJ for continued maintenance and support for its Police Public Safety Software, CAD-RMS-WDA software for a one year period commencing January 1, 2019. Chargeable to Account PS-9. Contract awarded through the Non-Fair and Open Solicitation Process. Public Safety CR-13 Authorizing the Mayor and City Clerk to enter into an agreement with MILLENNIUM STRATEGIES, LLC, Caldwell, NJ for a one year period commencing January 1, 2019 for professional grant writing and management services for an amount not to exceed $66,000.00. Chargeable to Various Accounts. (Extraordinary Unspecifiable Services contract obtained through the Fair and Open Solicitation Process - notice award to be published.) Business Administration CR-14 Authorizing the Mayor and City Clerk to execute an amendment to the 2018 agreement with CHASAN LAMPARELLO MALLON & CAPPUZZO, P.C, increasing the contract amount by $13,525.92, making the total contract amount $68,525.92, and an amendment increasing the 2017 contract by $440.61, making the total contract amount $55,440.61. Business Administration CR-15 Authorizing the Mayor and City Clerk to execute an amendment to the 2018 agreement with RUDERMAN AND ROTH, LLC, increasing the amount of the contract by $8,927.50, making the total contract amount $58,827.50. (Successor firm to Roth D’Aquanni, LLC) Business Administration CR-16 Authorizing the Mayor and City Clerk to execute an amendment to the 2018 agreement with CME, increasing the amount of the contract by $52,352.51, making the total contract amount $802,352.51. Business Administration CR-17 Approving the city’s CASH MANAGEMENT PLAN for CY 2019. Finance CR-18 Authorizing the CHIEF FINANCIAL OFFICER to eliminate various inactive receivables and reserves. Business Administration CR-19 Approving a two year extension of the existing labor agreement with the BAYONNE MUNICIPAL SUPERVISORS ASSOCIATION. Business Administration CR-20 Creating a UEZ project entitled, “FERRY SERVICE.” UEZ CR-21 Accepting grant funds from the County of Hudson Office on Aging (Area Agency on Aging/Disability Resource Connection) in the amount of $441,490.00 for CY 2019: the OFFICE ON AGING will receive $48,461.00 for Care Management, Emergency and Physical Health; the BEOF will receive $393,029.00 for the Congregate Meals on Wheels and State Meals on Wheels Home Delivered Meals; and authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION to provide the above services for the amounts listed for CY 2019. Municipal Services CR-22 Authorizing the Mayor and City Clerk to enter into a Memorandum of Understanding with the TOWNSHIP OF WEST NEW YORK and the TOWN OF NORTH BERGEN wherein the City of Bayonne will act as administrator of the FY 2017 JUSTICE ASSISTANCE GRANT funds received from the U.S. Department of Justice, to be distributed equally between the three municipalities. Police CR-23 Authorizing the Mayor and City Clerk to enter into an easement agreement with PSIP AVENUE A URBAN RENEWAL, LLC to allow access by the city to property  Regular Meeting February 14, 2019 Page 6 of 7 known as Block 333.03, lot 3 in perpetuity to allow for the maintenance of combined sewer overflows. Law CR-24 Authorizing the Mayor and City Clerk to execute a license agreement with the BAYONNE ELKS LODGE #434 for the purpose of a fundraiser Bike Blessing to be held on April 20, 2019 from 12:00 P.M. to 4:00 P.M. Business Administration CR-25 Authorizing the Mayor to take any and all actions and to execute any and all documents necessary to effectuate a FOOD TRUCK FESTIVAL sponsored by the City of Bayonne to be held Saturday, May 18, 2019 from 12:00 P.M. to 6:00 P.M. on Avenue E between 22nd and 24th Streets, and to waive all application fees. Mayor CR-26 Adopting the Department of Community Affairs CITIZEN PARTICIPATION PLAN GUIDELINES for use in CDBG-DR March 2013 for use in NJDEP RESILIENCY GRANT PROGRAM. Law CR-27 Authorizing the cancellation of a mortgage made by PHILLIP CRISONINO and MARIE CRISONINO to the Bayonne Economic Development Corp. dated April 24, 2002 in the originally stated amount of $50,000.00. Law CR-28 Authorizes the transfer of nine taxicab permits from CAMPBELL TAXI to JERSEY ONE AUTO SALES. CR-29 Authorizing the City Clerk to advertise for bids for Newark Bay Waterfront Access Project- Veterans Park. Business Administration CR-30 Authorizing the City Clerk to advertise for bids for Improvements to the Police Firing Range - Roof Replacement Project. Engineer CR-31 Authorizing the City Clerk to advertise for bids for Improvements to City Hall Employee Men’s Bathroom. Engineer CR-32 Authorizing the City Clerk to advertise for bids for Improvements to the B.E.O.F. Roof (Formerly Holy Family Academy). Engineer CR-33 Authorizing the City Clerk to advertise for bids for Improvements to Fitzpatrick Park. Engineer CR-34 Authorizing the City Clerk to advertise for requests for proposals for the West 22nd Street automated parking garage project. Planning CR-35 Granting 25 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 Approving budgetary transfer #4 in the 2018 budget. Finance R-2 Approving Temporary Emergency Appropriation #1 in the 2019 budget. Finance R-3 Authorizing and directing the planning board to reopen and amend the redevelopment plan titled, “Amended and Restated Redevelopment Plan Texaco Redevelopment Area Block 332 lots 1 & 2, Block 360 lot 2, Block 373 lots 1,2,13,14 and 15; Block 390 lots 1 and RG67, Block 391, lots 1 and 2, Block 511, lots 5 and 6 as shown on the official Tax Map of the City of Bayonne.” (Unimproved portion of West 2nd Street) Law R-4 Authorizing and directing the planning board to conduct a preliminary investigation to determine whether certain property located at 70 and 86 HOBART AVE., which property is identified as Block 359, lots 10.01 and 4.05 as shown on the official Tax Map of the City of Bayonne within 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. (DC Plastics) Law  Regular Meeting February 14, 2019 Page 7 of 7 R-5 Requesting the planning board to conduct a preliminary investigation into Block 464.01, lot 6, the KENRICH CHEMICAL property to determine if this area can be deemed an Area in Need of Redevelopment. Law R-6 Authorizing Area in Need of Redevelopment (AINR) for Block 143, lot 28, 120-122 West 33rd Street. Law R-7 Authorizing and directing the planning board to prepare a redevelopment plan for the property located at 55 East 21st Street which property is identified as Block 212, lot 13 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. (Corner convenience store at East 21st Street and Avenue E) Planning R-9 Discussing the city’s BEST PRACTICES survey. Finance TO BE ADDED AT THE MEETING ADD-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, March 20, 2019 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. (Loading Zone at 47th Street and Broadway – inadvertently deleted before the caucus) Public Safety ADD-2 Requesting a time extension for the 2013 Safe Streets to Transit Grant in the amount of $205,000.00 from the NEW JERSEY DEPARTMENT OF TRANSPORTATION for the Pedestrian Intersection Improvements – Avenue E at 34th and 35th Streets. ADD-3 Authorizing the Comptroller and/or other appropriate officials of the City of Bayonne to issue a warrant in the amount of $110.00 payable to WILLIAM J. GUARINI, INC., Jersey City, NJ, representing reimbursement of the fee for Building Permit #19-02-042 in connection with the replacement of the two (2) hot waters at 74 West 56th Street, Bayonne, which permit was not needed. Chargeable to Accounts T-12-56-839-0000-199 ($10.00) and T-12-56-813-0000- 199 ($100.00). ADD-4 Appointing the following to the Zoning Board of Adjustment for the term and status indicated: Joe Pineiro – regular member December 31, 2022 Nick DiLulo – alternate #1 December 31, 2021 Arigo De Ros, Jr. – alternate #2 December 31, 2019 Tiffani Simmons – Alternate #3 December 31, 2019