City Council - Special Meeting & Council Caucus
Special MeetingBayonne, NJ · February 7, 2024
Minutes
Special Meeting
February 7, 2024
Page 1
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, FEBRUARY 6, 2024
The Council met at 6:00 P.M.
The Council President LaPelusa announced: ““I WOULD LIKE TO ADVISE ALL THOSE
PRESENT THAT NOTICE OF THIS SPECIAL MEETING OF FEBRUARY 6, 2024 HAS BEEN
PROVIDED TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE OPEN PUBLIC
MEETING ACT OF THE STATE OF NEW JERSEY.NOTICE OF THE TIME AND PLACE OF THE
MEETING WAS POSTED AND FILED WITH THE CITY CLERK AND WAS FORWARDED TO THE
JERSEY JOURNAL AND THE STAR LEDGER BY FAX AND REGULAR MAIL ON FEBRUARY 5,
2024.”
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. Council Member Perez moved the following communication be received and filed,
seconded by Council Member Carroll
February 2, 2024
Madelene C. Medina
City Clerk
630 Avenue C
Bayonne, NJ 07002
Re: Special Meeting – February 7, 2024
Dear Ms. Medina:
Please be advised that it is necessary to call a special meeting of the Municipal Council on
Wednesday, February 5, 2024 at 6:00 A.M, in the Dorothy E. Harrington Municipal Council
Chambers.
The purpose of this special meeting is as follows:
1. From the Honorable JAMES M. DAVIS, Mayor calling a Special Meeting of the
Municipal Council for Wednesday, February 7, 2024 at 6:00 P.M. immediately
following by the Council Caucus.
2. A public hearing on a resolution authorizing the Mayor and/or his designee to submit
an application in the NJDEP Green Acres Program for funding in the amount of
$500,000 from the state to fund the following project Newark Bay Waterfront Access
Park-Phase 2 at a cost of $2,642.996.00
3. A public hearing on a resolution authorizing the Mayor and/or his designee to submit
an application in the NJDEP Green Acres Program for a grant $526,000 grant with
$175,000 match from Green Acres Urban Park Program for Improvements to the North
Street Mini Park as of $701,000.
Very truly yours,
James M. Davis
Mayor
(signed)
Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa.
**********
Un-adopted Minutes
Special Meeting
February 7, 2024
Page 2
02. The Council as a whole moved the following resolution, which was read by the Clerk
and adopted.
STATE OF NEW JERSEY
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GREEN ACRES URBAN PARKS APPLICATION AND PARK DEVELOPMENT APPLICATION
WHEREAS, the New Jersey Department of Environmental Protection, Green Acres
Program (“State”), is providing grants and/or loans to municipal and county governments and
grants to nonprofit organizations for assistance in the acquisition, development, and
stewardship of lands for outdoor recreation and conservation purposes; and
WHEREAS, the City of Bayonne desires to further the public interest by obtaining
funding from the Urban Parks Program in the amount of a $500,000.00 grant from the State to
fund the following project: Newark Bay Waterfront Access Project – Phase 2 at a cost of
$2,653,000.00; and
WHEREAS, the City of Bayonne desires to further the public interest by obtaining
funding from the Green Acres Park Development Program in the amount of $2,153,000.00 in
the form of a $2,153,000.00 grant from the State to fund the same project: Newark Bay
Waterfront Access Project – Phase 2 at a cost of $2,653,000.00; and
WHEREAS, the State shall determine if the application is complete and in conformance
with the scope and intent of the Green Acres Program, and notify the applicant of the amount
of the funding award; and
WHEREAS, the applicant is willing to use the State’s funds in accordance with such
rules, regulations, and applicable statutes, and is willing to enter into an agreement with the
State for the above-named project;
NOW, THEREFORE, the governing body/board resolves that:
1. James Davis or the successor to the office of Mayor is hereby authorized to:
a. make application for such a loan and/or such a grant,
b. provide additional application information and furnish such documents as may be
required, and
c. act as the authorized correspondent of the above-named applicant;
2. The applicant agrees to provide its matching share to the Green Acres funding request, if a
match is required, in the amount of $0.00;
3. In the event the State’s funds are less than the total project cost specified above, the
applicant has the balance of funding necessary to complete the project;
4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and
regulations in its performance of the project; and
5. This resolution shall take effect immediately.
CERTIFICATION
I, Madelene Medina, Municipal Clerk, do hereby certify that the foregoing is a true copy of a
resolution adopted by the Bayonne City Council at a meeting held on the 7th day of February
2024.
IN WITNESS WHEREOF, I have hereunder set my hand and the official seal of this body this 7 th
day of February, 2024.
_____________________________________
Madelene C. Medina, Municipal Clerk
Prior to the vote a hearing was held on the Project entitled: NEWARK BAY WATERFRONT
ACCESS PROJECT-PHASE 2.
The hearing was conducted by the City Planner – Sue Mack
Also present at the hearing were 50 members of the general public and 30 Boy Scouts
representing the Bayonne Nature Club, developing attorneys.
Ms. Mack presented the Council and member of the public with breakdown on the Elements of
the project, anticipated construction time and construction cost analysis. Following Ms.
Mack’s presentation the hearing was opened to public comment.
The following persons spoke:
Special Meeting
February 7, 2024
Page 3
Council Member Carroll expressed the issue of the potential of a dog park to be included in this
project at some point of development.
Questions were raised concerning the construction of the boat ramp and the walkway.
Michael Ruscigno representing the Bayonne Nature Club – 42 West 23rd Street
Richard Metalski – 87 West 3rd Street
ADA Accessible issue was raised in regards to the inclusion of the connections to street ends.
Prior the closing of the hearing the Council again expressed interest in the project for this area
and thanked the NJDEP Green Acres on behalf of the City of Bayonne.
The hearing concluded at 7:30 P.M.
Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa.
**********
Item #3 on the agenda was withdrawn for a later date.
**********
At 7:30 P.M. Council Member Carroll motioned to adjourn, seconded by Council President
LaPelusa, which motion was adopted.
Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa.
**********
___________________________________
President – Gary LaPelusa
_____________________________________
Clerk – Madelene C. Medina
Agenda
As of 1:09 P.M./02-07-24
CITY OF BAYONNE
CITY COUNCIL
COUNCIL CAUCUS
FEBRUARY 7, 2024
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 ADOPTING A REDEVELOPMENT PLAN TITLED “435 BROADWAY
REDEVELOPMENT PLAN” PREPARED BY THE CITY OF BAYONNE DIVISION OF
PLANNING AND ZONING, FOR THE PROPERTY LOCATED AT 431-437
BROADWAY, 11-13 WEST 19TH STREET AND 10-12 WEST 20TH STREET
IDENTIFIED AS BLOCK 220, LOTS 18, 23, 24, 25 AND 26 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.
O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON,
STATE OF NEW JERSEY APPROVING A FIVE-YEAR TAX FINANCIAL
AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 673-675
AVENUE E, LLC FOR THE PROPERTY LOCATED 673-675 AVENUE E,
WHICH PROPERTY IS IDENTIFIED AS BLOCK 94, LOT 18 AS SH0WN ON
THE OFFICIAL TAX MAP OF THE CITY
O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCE, CHAPTER 33, PLANNING AND DEVELOPMENT
REGULATIONS AND CHAPTER 35, ZONING REGULATIONS (To remove the I-
H-O District and modify the I-H District to allow for Alternative Energy Production,
Storage and Transmission)
O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS (Adding Definition of
“Habitable Space” and “Story, Half”)
O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS (Regulating Short Term
Rentals)
O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS (Amending section 12 to
amend the application fees and escrow requirements)
O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS (To include an Article for
Leasing Provisions)
O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7,
TRAFFIC (Loading Zone-591 Broadway and 735 Kennedy Blvd)
O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE RECVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7,
TRAFFIC (Restrictive Parking Zone-Delete (6), Add (1), Relocate (1) and Transfer (1)
PUBLIC COMMENTS
Speakers are to sign the signup sheet prior to the meeting.
ORDINANCES PROPOSED FOR INTRODUCTION
O-10 AN ORDINANCE AMENDING ORDINANCE NO. O-24-02 APPROVING A
FINANCIAL AGREEMENT WITH BAYONNE JV. LLC (the “Entity”) FOR THE
PROPERTY LOCATED AT 175 AVENUE A WHICH IS IDENTIFIED AS BLOCK
300.01, LOTS 1, 2 and 3 and BLOCK 301.03, LOTS 1 &2 TO CORRECT A
SCRIVENER’S ERROR AND REFLECT THE ENTITY’S NAME TO BAYVIEW
JV LLC and a resolution fixing Wednesday, March 13, 2024 at 6:00 P.M.
and the Dorothy E. Harrington Council Chambers as the time and place for
a public hearing and final passage.
O-11 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS and a resolution fixing
Wednesday, March 13, 2024 at 6:00 P.M. and the Dorothy E. Harrington
Council Chambers as the time and place for a public hearing and final
passage. (Amending definitions to define Unlawful Residential Occupancy)
O-12 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17,
PROPERTY MAINTENANCE and a resolution fixing Wednesday, March 13,
2024 at 6:00 P.M. and the Dorothy E. Harrington Council Chambers as the
time and place for a public hearing and final passage. (Amending Section 17-
1.4-Removal by City, Costs Established as a Lien.
O-13 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 25,
STREETS AND SIDEWALKS, and a resolution fixing Wednesday, March 13,
2024 at 6:00 P.M. and the Dorothy E. Harrington Council Chambers as the
time and place for a public hearing and final passage. (Amending Section 25-
8, Abatement of Nuisances)
O-14 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 4,
LICENSING, REGISTRATION AND BUSINESS REGULATION and a
resolution fixing Wednesday, March 13, 2024 at 6:00 P.M. and the Dorothy
E. Harrington Council Chambers as the time and place for a public hearing
and final passage. (Amending to add Fees and Special Service Charges under the
New Jersey Open Public Records Act)
O-15 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7,
TRAFFIC and a resolution fixing Wednesday, March 13, 2024 at 6:00 P.M.
and the Dorothy E. Harrington Council Chambers as the time and place for
a public hearing and final passage. (Restrictive Parking Zones-Delete 4)
DELETE
059. Mario Castillo- 78 Prospect Avenue
135. Anna Knoieczny -41 East 26th Street
271. Patricia Russotto – 96 Evergreen Street
377. Jill Patella – 249 Prospect Avenue
O-16 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED
GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 33,
PLANNING AND DEVELOPMENT REGULATIONS, and a resolution fixing
Wednesday, March 13, 2024 at 6:00 P.M. and the Dorothy E. Harrington
Council Chambers as the time and place for a public hearing and final
passage. (Establishing setback provisions)-Space Holder
COMMUNICATIONS
CONSENT AGENDA - Resolution ordering the following Communications to be
received and filed:
C-1 From Michele DeJesus filing notice of claim on behalf of ESTHER AZQUETA
alleging injuries sustained as a result of a fall on an uneven sidewalk in front of
70 West 23rd Street
C-2 From John E. Molinari, Esq., filing notice of claim on behalf of MAUREEN
HULINGS alleging injuries sustained as a result of accident on December 4, 2023
C-3 From WILLIAM E. GOLDEN, JR., filing notice of claim alleging the unjustifiable
towing his vehicle on December 11, 2023.
C-4 From Superior Court of New Jersey in the matter of LEVERSON vs. City of
Bayonne, GKC Textiles.
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 Reserve space for the bid report for: (2) TWO 2024 FORD EXPLORER XLT (OR
EQUIVALENT)
OR-3 Reserve space for the bid report for: (4) FOUR 2024 FORD POLICE
INTERCEPTOR UTILITY SUV (OR EQUIVALENT)
RESOLUTIONS
CONSENT AGENDA - Resolution ordering the following resolutions to be adopted:
CR-1 Approving the minutes of the regular meeting held Wednesday January 17, 2024.
City Clerk
CR-2 Approving the minutes of the council caucus held Wednesday, January 10, 2024.
City Clerk
CR-3 Ordering warrants drawn to taxpayers representing refunds for overpayment of
taxes. (3 properties) Tax Collector
CR-4 Re-appointing MICHAEL MCKITTRICK as Registrar of Vital Statistics for a three
(3) term commencing January 1, 2024.
CR-5 Authorizing the Purchasing Agent to go out to bid for Bus Services for the Summer
Camp Program.
CR-6 Authorizing the Bayonne Police Department to enter into an agreement with the
State of New Jersey to participate in the LAW ENFORCEMENT SUPPORT OFFICE
(LESO) 1033 Program for a period of one year commencing January 1, 2024
through December 31, 20244 to enable the Police Department to request and
acquire excess Department of Defense equipment and to include the Demil
Inventory.
CR-7 Authorizing the Mayor and/or his designee(s) to enter into a Tax Appeal Settlement
Agreement with BAYWAY REFINING COMPANY for Block -Pipeline, Lot 1-
Constable Hook and authorizing the Mayor and/or his designee(s) to take any
action necessary to effectuate this resolution and resulting judgement. Assessor
CR-8 Authorizing the Mayor to enter into an agreement with the UCP of Hudson County,
721 Broadway, Bayonne, NJ to provide the cost of the replacement of the rooftop
HVAC unit pursuant to a proposal from In-Line Air Conditioning Co., Inc. 85 East
21st Street, Bayonne NJ 07002 in an amount not to exceed $18,776.00 for a period
of one (1) year commencing September 1,2023 and ending August 31,2024.
CR-9 Amending Resolution No. 23-12-13-107 to remove Eileen M. Kane, Esq, as a Public
Defender and add Kimberly Glatt, Esq., Thomas Glatt, Esq. and Michael
Pastacaldi, Esq. as Public Defenders, with no change to the total amount of the
contract.
CR-10 Authorizing the accepting of the 2023 NJDOT TRANSIT AUTHORITY Set Aside
Program for the South Cove Pedestrian Bridge Project and to administer the project
under “PROCEDURES FOR ADMINISTRATION AND INSPECTION OF FEDERAL
AID HIGHWAY PROJECTS” and adopting the same for a three-year period
commencing July, 2023.
CR-11 Authorizing the Mayor to certify the BAYONNE RECREATIONAL OPEN SPACE
INVENTORY for submittal to the New Jersey Department of Environmental
Protection (ROSI) Green Acres Project.
CR-12 Authorizing a Right of Entry/Access Agreement with MCR 54 Rt. 440 Lot 6, LLC,
to access City owned property to conduct one to two days of soil borings along the
western property boundary owned by the City of Bayonne, Block 452.02, Lot 4 for
the purpose of delineation of known petroleum contamination as required by the
New Jersey Department of Environmental Protection.
CR-13 Authorizing and directing the submission of an application to the New Jersey
Enterprise Zone Authority to the New Jersey Enterprise Zone Authority for the City
of Bayonne’s Urban Enterprise Zone’s Five-Year Strategic Plan and authorizing the
appropriate City official to take any and all actions in furtherance of the approval
of said application.
CR-14 Authorizing the Fire Department to sell as scrap or at auction a 1994 Pierce 100ft.
Tower Ladder/Quint Fire apparatus that is no longer useable
CR-15 Authorizing the Mayor and City Clerk to apply for the 2023 ASSISTANCE FOR
FIREFIGHTERS GRANT in the amount $1,820,131.40 to purchase a 100ft Aerial
ladder fire truck, firefighting turnout gear, personal protective equipment and
SCBA equipment.
CR-16 Authorizing the Mayor and City Clerk to enter an agreement with PROPHOENIX
CORPORATION for the annual maintenance and support of the Bayonne Fire
Department dispatch and records management software in the amount of
$31,056.79.
CR- Granting Raffle licenses to qualified organizations. City Clerk
END OF CONSENT AGENDA
R-1 Approving Emergency Temporary Budget #1 for CY2024 Municipal Budget
R-2 Consenting and approving the change in ownership structure for 197 AVENUE E
URBAN RENEWAL LLC
R-3 Designating the property located at 19-45 West 55th Street, which is identified as
Block 28, Lots 2 & 3 as shown on the official tax map of the City as a non-
condemnations area in need of redevelopment pursuant to Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq.
R-4 Authorizing and providing for the issuance and sale of not to exceed $10,285,000
BOND ANTICIPATION NOTES of the City of Bayonne, in the County of Hudson,
New Jersey to the Hudson County Improvement Authority, and determining
various matter in connection therewith.
R-5 Authorizing an amendment to Agreement No CY21-071 with A & L Disposal, LLC
for the collection of solid waste increasing same in the total amount of $16,400
to cover the cost of increased to provide twenty (20) dumpsters to the Bayonne
Housing Authority (from $4,200 per month to $5,000 per month for a total
increased amount of $9,600 for a total annual amount of $60,000) for Calendar
Year 2024 and additional pickups at the grammar and high schools from
$43,160 per year to $50,000 per year (for a total additional amount of $6,840 for
CY24) for a total additional amount of $16,440 for CY24, thereby making the
total amount for the Collection of Solid Waste for CY24 $1,847,885, for a total
contract amount of $6,158,967.50 inclusive of the initial contract term plus the
first one (1) year option. Additional charges reimbursable by the Bayonne
Housing Authority and the Bayonne Board of Education respectively and amend
Resolution 23-12-13-072 authorizing the first one (1) year extension to correct a
scrivener’s error and reflect said Agreement No. to be CY21-071 (erroneously
stated as CY21-070).
R-6 Amending Resolution 23-12-13-073 authorizing the first one (1) year extension to
Agreement No. CY21-071 with A & L Disposal, LLC, 157 West 21st Street,
Bayonne, NJ for Recycling Collection Services for the period commencing
January 1, 2024 and ending December 31, 2024 for an additional amount of
$1,274,348 to correct scrivener’s errors and reflect said Agreement No. to be
CY21-070 (erroneously stated as CY21-071) an the account to be #4-01-32-465-
0000-028 (erroneously stated as #4-01-20-101-0000-029).
R-7 Directing the Director of Planning, Zoning and Redevelopment to investigate the
propriety and impact of establishing certain setbacks in connection with new
multi-story buildings
R-8 Reserve space for approving Budgetary Appropriation Reserve Transfer #1 in CY
2023
R-9 Reserve space for the bid report and contract award for: (2) TWO 2024 FORD
EXPLORER XLT (OR EQUIVALENT)
R-10 Reserve space for the bid report and contract award for: (4) FOUR 2024 FORD
POLICE INTERCEPTOR UTILITY SUV (OR EQUIVALENT)
R-11 Reserve space to award contract for professional architectural services pursuant
to the Fair and Open Process.
R-12 Reserve space to award contract for Police Extra Duty administration services
pursuant to the Fair and Open Process
TO BE ADDED AT CAUCUS
ADD-1 A BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS,
ACQUISITIONS AND INSTALLATION TO RUSSELL GOLDING PARK,
APPROPRIATING $5,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF
$5,000,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS
THEREOF, AUTHORIZED IN AND BY THE CITY OF BAYONNE, IN THE COUNTY
OF HUDSON, NEW JERSEY and a resolution fixing Wednesday, March 13, 2024
at 6:00 P.M. and the Dorothy E. Harrington Council Chambers as the time and
place for a public hearing and final passage.
ADD-2 BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS, ACQUISITIONS
AND INSTALLATION TO 11TH STREET OVAL PARK, APPROPRIATING $2,500,000
THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,300,000 BONDS AND
NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN
AND BY THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY
and a resolution fixing Wednesday, March 13, 2024 at 6:00 P.M. and the Dorothy
E. Harrington Council Chambers as the time and place for a public hearing and
final passage.
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