City Council - Virtual/Hybrid Meeting

As of 3:26 PM, 06/15’/2022 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING JUNE 15, 2022 ORDINANCES, COMMUNICATIONS AND ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA ORDINANCES SCHEDULED FOR FINAL PASSAGE O-1 Postponing final passage of an ordinances entitled, “AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY OF BAYONNE, STATE OF NEW JERSEY AUTHORIZING THE GUARANTY OF THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON NOT EXCEEDING $95,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY GUARANTEED LEASE REVENUE BONDS (BAYONNE MEDICAL CENTER PROJECT), TO BE ISSUED BY THE HUDSON COUNTY IMPROVEMENT AUTHORITY, FOR THE PURPOSE OF PROVIDING ADDITIONAL SECURITY THEREFOR AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH,” to the meeting of June 15, 2022. ORDINANCES SCHEDULED FOR HEARING O-2 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING AND AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 6 COMMERCE STREET URBAN RENEWAL, LLC. Law O-3 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING AND AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEEMENT BY AND BETWEEN THE CITY OF BAYONNE AND 7 HOOK ROAD URBAN RENEWAL, LLC. Law O-4 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND AVE E DEV AMS URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED AT 132 AND 140 AVENUE E, WHICH PROPERTY IS IDENTIFIED AS BLOCK 458, LOT 1.02 (FORMERLY KNOWN AS BLOCK 458, LOT 1.01 AND BLOCK 467, LOTS 24-26) AND BLOCK 467, LOT 23 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE (SILK LOFTS EAST) Law O-5 AN ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND AVE E DEV MILE HIGH AMS URBAN RENEWAL, LLC FOR THE PROPERTY LOCATED AT 157-163 AVENUE E, WHICH PROPERTY IS IDENTIFIED AS BLOCK 234, LOT 8.01 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE. (SILK LOFTS WEST) Law PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From VIVIAN CRESPO filing notice of claim alleging damage to her car windshield when it was struck by debris ricocheting from the DPW sweeper on May 13, 2022. C-2 From Charles Kenny, Esq. filing notice of claim on behalf of FELICIA & FRANK CORTESE alleging injuries sustained from a fall on West 5th Street between Avenue C and Newman Avenue on March 30, 2022 C-3 From Nita Raval, Esq. filing notice of claim of behalf of PAIGE RIGGS and JOSHUA RIGGS (a minor) alleging personal injuries sustained resulting from an assault at Bayonne High School on March 17, 2022 C-4 From Adam Kotlar filing notice of claim on behalf of OSAMA GAYED alleging personal injury sustained from a fall at 29 East 29th Street on April 6, 2022. C-5 From JOHN FUSCO filing notice of claim alleging to his car from a falling branch in front of his house on April 19, 2022. C-6 From ROSITA MCGOVEN filing notice of claim alleging car resulting potholes at 63rd Street on March 7, 2022. 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 From James M. Davis, Mayor, Executive Order No. 1, establishing the salary range for the title of Assistant Supervisor, Sanitation. (Min-$51,215-Max-$68,068) OR-3 From the Purchasing Agent reporting on bids received for Bayonne Bridge Parking Lots. (2 bids) OR-4 From the Purchasing Agent reporting on bids received for improvements to Goldsborough Drive and Chosin Few Way. (4 Bids) RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday May 18, 2022. City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, May 11, 2022. City Clerk CR-3 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (11 properties) Tax Collector CR-4 Accepting a grant in the amount of $111,904.80 from the NEW JERSEY CLEAN COMMUNITIES COUNCIL for the 2022 Clean Communities program. Finance CR-5 Authorize the Mayor and City Clerk to enter into an agreement with Pitney Bowes for the rental of a Send Pro P2000 mailing system for a term of 60 months with monthly payments in the amount of $623.18 payable quarterly at $1,869.54. under State Contract #41258. Purchasing CR-6 Authorizing the Purchasing Agents to advertise for bids for Elevator Inspection Services. Purchasing CR-7 Authorizing the Purchasing Agent to advertise for bids for the replacement of the HVAC unit located at City Hall, 630 Avenue C. Public Works CR-8 Authorizing the City of Bayonne to enter into an agreement with MAJORA FUEL, 256 Kennedy Blvd., Bayonne to purchase heating oil from for the 4th Street Senior Center and 16th Street Garage at current market value, not to exceed $40,000.00. Public Works CR-9 Ratifying and affirming the agreement with IN-LINE AIR CONDITIONING CO. INC., for emergency repair and recharge of the Chiller System at City Hall for the total amount of $52,509.45. Chargeable to Account C-04-55-947-1956-99. Public Works CR-10 Ratifying and affirming the agreement with IN-LINE AIR CONDITIONING Co., Inc., for the replacement of a boiler at the 4th Street Firehouse for the total amount of $35,779.34. Chargeable to Accounts C-04-55-936-1851-990 & C-04-55-947- 1956-994. Public Works CR-11 Authorizing the Mayor and City Clerk to enter into an agreement with GENERAL CODE, Spring Lake, NJ for codification services for CY 2022 Ordinances in an amount not to exceed $15,000.00. City Clerk CR-12 Authorizing the Mayor and City Clerk to enter into an agreement with PICERNO GIORDANO CONSTRUCTION for the resurfacing of 2 volleyball courts at 16 th Street Park under state contract #16-FLEET-00126 for the total contract amount of $104,401.50. Chargeable to Account #C-04-55-968-2210-994 Public Works CR-13 Authorizing the City of Bayonne to use Competitive Contracting as per N.J.S.A. 40A:11-4.1 et seq., to award concession contract to a vendor that will enable members of the public to pay various City fees by credit card or electronic payment for the Parking Utility. Law CR-14 Authorizing the purchase of 8 sets of structural firefighting turnout protective gear and 8 pairs of structural firefighting boots from SKYLANDS AREA FIRE EQUIPMENT AND TRAINING LLC for the amount of $26,565.84 under State Contract #17-FLEET-00810 AND #17-FLEET-00809. Fire CR-15 Authorizing the purchase of 190 Firefighter Gemtor Personal Safety Harnesses from ALL HANDS FIRE EQUIPMENT, Wall, NJ for the amount of $41,623.75 under State Contract #17-FLEET-00812. Law CR-16 Authorizing the Purchasing Agent to advertise for bids for emergency generators at 5th Street, Avenue J and 63rd Street. Mun. Services CR-17 Authorizing the Mayor and City Clerk to enter into an agreement with the Bayonne Economic Opportunity Foundation in the amount of $62,902.00 chargeable to the CAA Home Delivered Meals account for the purposes of providing additional funding for the senior nutrition programs CR-18 Amending Resolution No. 22-03-16-079 adopted March 16, 2022 accepting the FY22 Edward Byrne Memorial Justice Assistance Grant to correct a scrivener’s error to correct the grant to read FY20 Edward Byrne Memorial Justice Assistance Grant and to include the period of said to be October 1, 2021 through September 30, 2022. CR-19 Amending Resolution #22-04-20-113 authorizing an agreement between the City of Bayonne and the Bayonne Community Day Nursery to provide CDBG funds in the amount of $8,500.00 to for the purpose of providing the cost of architectural plans in connection with interior and exterior renovations at the BCDN’s facility located at 593 Broadway, Bayonne, NJ to include the CDBG Account number CDBG-1122 CR-20 Authorizing the Mayor and City Clerk to apply for a FY22 Department of Homeland Security-Port Security Grant for the amount of $227,000.00, with a 75% federally funded amount of $170,250 and a municipal match of 25% for the amount of $56,750.00 to fund equipment and training related to port security. CR-21 Authorizing the reallocation of CDBG funds in the amount of $1,732.00 from CDBG account 1100 to CDBG Account 1099 for the purpose of providing additional funding for Salaries and Fringe Benefits for bus drivers associated with the Senior Citizen Transportation Program and authorizing the Mayor and/or his designee to effectuate same, including but not limited to an amendment to Agreement No. CY21-080 with the BEOF increasing said agreement by $1,732.00, making the total contract amount $20,518.95.  END OF CONSENT AGENDA R-1 Approving Temporary Emergency Appropriation #6 in CY 2022 Municipal Budget. R-2 Authorizing the Mayor and City Clerk to execute an Amendment to Agreement No. CY22-010 with RUDERMAN & ROTH, LLC, 150 Morris Ave., Ste. 303, Springfield, NJ 07081 (the “Contractor”) for professional legal services as Labor Attorney increasing same in the amount of $25,000.00, thereby making the total cost not to exceed $85,000.00. Law R-3 Authorizing the contract with INTERGRATED TECHNICAL SYSTEMS, INC for the purchase of 647 4G Replacement Radios Drawers (Modems) needed for the upgrade of the MACKAY BEACON PARKING METERS (contract #05-37) for $161,750.00 under the NCPA CO OP. Public Safety R-4 Authorizing the continued participation in the Shared Services Agreement for public health services and activities with the Town of West New York for the period commencing June 11, 2022 through June 10, 2023 for an amount of $40,000 payable to the City by the Town of West New York. Law R-5 Authorizing the Mayor and City Clerk to execute an agreement with SPATIAL DATA LOGIC, Somerset, NJ for continued technical support and maintenance of its departmental data management software and continued enterprise licensing for the municipal management software for a period of one (1) year commencing July 1, 2022 and ending June 30, 2022 for a total contract amount of $57,000.00. Awarded through the Non-Fair and Open process and authorizing the Treasurer to issue payment in said amount. Building R-6 Authorizing and directing the Planning Board of the City of Bayonne to re-open and consider amendments to “Redevelopment Plan, Block 482, Lots 10 & 11 dated March 19, 2016”(a/k/a THE BAYONNE ENERGY CENTER HOOK ROAD REDEVELOPMENT PLAN) R-7 Authorizing and directing the Planning Board to conduct a preliminary investigation to determine whether a portion of certain property located at 250 East 22nd Street, which property identified as Block 419, Lot 1 within the City constitutes a Non-Condemnation Area in Need of Redevelopment pursuant to the Local Redevelopment and Housing Law, NJ.J.S.A. 40A:12A-1, et seq. R-8 Authorizing the Mayor and City Clerk to enter in an agreement with MCMANIMON, SCOTLAND & BAUMAN, 75 Livingston Avenue, Roseland, NJ as Special Redevelopment Land Use Counsel for period of one year for an amount not to exceed $75,000.00 R-9 Authorizing and directing the Planning Board to prepare a redevelopment plan for 69-73 LeFante Way, known as Block 412, Lot 3 pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. R-10 Designating 69-73 LEFANTE WAY, which identified as Block 412, Lot 3 as shown on the official tax map of the City of Bayonne as a non-condemnation area in need of redevelopment and directing the Planning Board to prepare a redevelopment plan for same. R-11 Rescinding and terminating the Conditional Redeveloper designation of TOGUS URBAN RENEWAL, LLC for the property identified as Block 373, Lots 1,2,13, 14 & 15 as shown on the official tax map of the City of Bayonne. R-12 Designating J &J BUILDERS, LLC as redeveloper of the property located at 196- 200 Avenue E and identified as Block 458, Lots 7, 8 & 9 as shown on the official tax map of the City of Bayonne and authorizing the negotiation and execution of a Redevelopment Agreement with J & J Builders, LLC for redevelopment of said property. R-13 Authorizing and directing the Planning Board of the City of Bayonne to RE-Open and consider amendments to the 219 West 5th Street Redevelopment Plan. R-14 Authorizing the Mayor to enter into an agreed modification to the Concession Agreement between the City of Bayonne and BAYONNE WATER JOINT VENTURE, LLC, dated December 20, 2012, modification contains an increase of $410,168.00 to complete the task related to permitting and final design services for the Hackensack River Crossing Project. R-15 Amending Resolution No. 22-02-18-088 to designate PARKVIEW REALTY URBAN RENEWALL III, LLC as the redeveloper of Block 402, lot 4.01 and approving the transfer and the assignment of the Redevelopment Agreement of same property and authorizing the execution of a Certificate of No Default for the Redevelopment Agreement by the City of Bayonne. R-16 Ratifying and affirming the Mayor entering into an agreement with the NEW JERSEY DEPARTMENT OF TRANSPORTATION, Division of Local Aid and Economic Development Federal Aid Cost Reimbursement Agreement-Agreement No. 2022-DT-DLA-103 for a Pedestrian Bridge Project over Route 440 at 34th Street in the amount of $550,000.00 R-17 Finding and determining that the Supportive Housing and Senior Affordable Housing building commonly known as the Oak Court West Property Project proposed by the Bayonne Housing Authority meets or will meet an existing housing need. R-18 Authorizing the Tax Collector to prepare and mail estimated Third Quarter Taxes R-19 Authorizing the rejection the bids received on June 1, 2022 for BAYONNE BRIDGE PARKING LOTS Project, pursuant to N.J.S.A. 40a:-13.2, bids substantially exceeds the Engineer’s cost estimates for the goods or services. R-20 Awarding the contract to 4 CLEAN UP, P.O. BOX 5098, North Bergen, NJ 07047 for IMPROVEMENTS TO GOLDSBOUROUGH DRIVE & CHOSEN FEW WAY for the bid price of $409,896.70. Chargeable to Account No. C-04-55-974-2210-994 R-21 Appointing CHERYL SCOTT CASHMEN as Chief Municipal Court Judge. (replacing Hon. Frank T. Carpenter III) R-22 Authorizing a License Agreement with Icon Series USA, Inc. and/or Om Shiva Bayonne, LLC to allow for parking on June 30 and July 1st at 100 Chosin Few Avenue (Block 751, Lots 1.13 and 1.14) in connection with the PGA Golf Tournament taking place at Liberty National. R-23 Approving a contract with TYLIN International, 100 Enterprise Drive, Suite 510, Rockaway, NJ 07866 for the Concept Development Study for the Pedestrian Bridge over Route 440 between 34th Street LRT Station and Peninsula at Bayonne Harbor in the amount of $549, 977.64 consistent with the Bid submitted and negotiated in connection with same TO BE ADDED AT MEETING ADD-1 Ratifying the actions of the Mayor in entering into an agreement with the law firm of TATE, GROSSMAN, KELLY & IACCARINO to enter into the Opiate Litigation Suit.