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City Council

Regular Meeting

New Brunswick, NJ · September 5, 2019

AgendaMinutes

Minutes

SEPTEMBER 5, 2019 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON SEPTEMBER 5, 2019 AT 6:30 P.M. IN COUNCIL CHAMBERS, CITY HALL PUBLIC ANNOUNCEMENT Please be advised that the notice requirements of the Open Public Meeting Act have been complied with and satisfied in the that the annual notice which gave sufficient notice of the time, place and conduct of all public meetings of the Municipal Council of the City of New Brunswick, has been filed by the City Clerk, has been placed on an appropriate bulletin board in the lobby of the City Hall, New Brunswick, New Jersey, and has been transmitted to the official Newspaper for the City of New Brunswick, namely the Home News Tribune; as provided in a resolution adopted by this governing body. Salute to the Flag....................................................................Shalon T. Bennett Pause for a moment to honor those American, Iraqis, and Afghanis who have lost their lives in this current conflict. Staff in attendance: Deputy City Clerk Shalon T Bennett Mayor’s Office Ryan Berger Public Information Officer Bert Baron Acting Planning Director Daniel Dominguez Assistant City Administrator Michael Drulis Water Utility Eric Kouao Ekoue Social Services Director Melanie Daniels Ford Assistant City Attorney Joseph J. Catanese Assistant City Administrator Brandon Goldberg Police Sgt. Scott Gould Purchasing Agent Marie James New Brunswick Parking Authority Antoine Johnson Chief of Staff Keith Jones Zoning Department Tina McCaskill Police Capt. JT Miller Fire Director Robert Rawls City Attorney TK Shamy Fire Dept Cheryl Smith Fire Department Chris Stellatella City Administrator Daniel A. Torrisi Director of Public Works/ Engineering Thomas Valenti Water Director Alexei Walus Water Utility Willie Weaver City Clerk Leslie Zeledón On motion of Council Member Egan, seconded by Council Member Fleming and carried, the minutes of the previous Council Meetings held on August 7, 2019 were approved and adopted as engrossed. Meeting called to order by Council President Anderson with Council Members Egan, Escobar, Fleming, Sicora Ludwig present. PUBLIC HEARING O-081905 AN ORDINANCE TO AMEND AND SUPPLEMENT THE AS REVISED GENERAL ORDINANCES OF THE CITY OF NEW AMENDED BRUNSWICK, TITLE 12, STREETS, SIDEWALKS AND BY PUBLIC PLACES, CHAPTER 12.28 – PARKS AND R-O-081905-1 PLAYGROUNDS ADD: WELTON STREET PARK Council President Anderson opened the Public Hearing on the above ordinance. Public Comment: None On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on September 5, 2019. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. O-081906 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES RE: ABANDONED, WRECKED AND REPAIR OF VEHICLES ON STREETS Council President Anderson opened the Public Hearing on the above ordinance. Public Comment: Mr. Kratovil and Ms. Moore inquired about the ordinance. CP Anderson and Mr. Shamy responded. On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on September 5, 2019. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. O-081907 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE UPDATE: MINOR SITE PLAN LANGUAGE & CRITERIA AND ESCROW DEPOSIT SCHEDULE Council President Anderson opened the Public Hearing on the above ordinance. Public Comment: None On a motion of Council Member Escobar, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on September 5, 2019. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. 0-081908 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING UPDATE: ZONING PERMIT FEE SCHEDULE Council President Anderson opened the Public Hearing on the above ordinance. Public Comment: None On a motion of Council Member Fleming, seconded by Council Member Escobar, and carried, the above ordinance was adopted on Final Reading on September 5, 2019. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. O-081909 ORDINANCE OF THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROVING THE APPLICATION FOR A LONG TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH STIRLINGSIDE URBAN RENEWAL, LLC AND GRANTING A TAX EXEMPTION RE: 50 NEILSEN STREET AND 45 HASSART STREET, BLOCK 121, LOTS 1.01 AND 1.02 Council President Anderson opened the Public Hearing on the above ordinance. Public Comment: Mr. Kratovil inquired on the Ordinance. Mr. Dominguez pointed out there was an error in the language of the ordinance. Mr. Shamy said due to the error, the ordinance would need to be amended and re-published for public hearing at a later date. Attorney for Stirlingside Urban Renewal, LLC Jong Suk Nee mentioned there is a financial deadline of September 12th in order to receive credits for the project. Ms. Nee asked if a Special Meeting can take place prior to September 18th due to the HMFA deadline. R-O-081909-1 ORDINANCE OF THE CITY OF NEW BRUNSWICK, IN THE TO AMEND COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, O-081909 APPROVING THE APPLICATION FOR A LONG TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH STIRLINGSIDE URBAN RENEWAL, LLC AND GRANTING A TAX EXEMPTION RE: 50 NEILSEN STREET AND 45 HASSART STREET, BLOCK 121, LOTS 1.01 AND 1.02 Public Comment: Ms. Nee asked if a Special Meeting can take place prior to September 18th due to the HMFA deadline. Karuna Mehta of Stirlingside Urban Renewal, LLC. Mentioned the deadline would be September 12th. Mr. Shamy discussed with the Council on the possibilities, if there is time for publishing a 48-hour notice for a special meeting and re-advertising the ordinance. Mr. Kratovil was in support of a special meeting. Resolution R-O-081901-1 to amend O-081909, moved by Council Member Egan, seconded by Council Member Fleming and carried were adopted, on consent, by the Municipal Council. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. O-081909 AS ORDINANCE OF THE CITY OF NEW BRUNSWICK, IN THE AMENDED COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, BY R-O- APPROVING THE APPLICATION FOR A LONG TERM TAX 081909-1 EXEMPTION AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH STIRLINGSIDE URBAN RENEWAL, LLC AND GRANTING A TAX EXEMPTION RE: 50 NEILSEN STREET AND 45 HASSART STREET, BLOCK 121, LOTS 1.01 AND 1.02 On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was carried to a Special Meeting for Public Hearing on September 12 at 9:00 A.M.. in the Council Chambers in City Hall. . Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. INTRODUCTION OF ORDINANCES O-091901 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, STOPPING, STANDING OR PARKING, SECTION 10.16.210 – SCHEDULE 38, “TIME LIMIT PARKING AREAS” AND SECTION 10.16.050 – SCHEDULE 29, “TIME LIMIT PARKING – PARKING METERS” RE: KIRKPATRICK STREET On a motion of Council Member Sicora, seconded by Council Member Egan, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on September 18 at 6:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. COMMUNICATIONS 1. A letter from Bristol-Myers Squibb regarding an ongoing environmental investigation and remediation at 1 Squibb Drive. 2. A letter from JJJ Associates Inc. regarding a flood hazard area individual permit for 253 French Street. 3. A Public Notice from PSE&G regarding Basic Generation Service charges. 4. A letter from NJDEP regarding a Hazardous Substance Discharge notification. 5. A letter from PARS Environmental Inc. regarding a remedial action report and site remediation program for 55 US Highway 1. 6. A letter from Menlo Engineering Associates regarding a Flood Hazard Area Permit Application for 30 Charles Street. 7. A letter from NJDEP regarding a ground water remedial action permit for 187 French Street. RESOLUTIONS Public Comment: Mr. Kratovil inquired about resolution R-091920. Mr. Dominguez responded. Jessica Fortney spoke on behalf of Rutgers University Landscape Architectural Club regarding R- 091912. Resolutions R-091901 through R-091920, moved by Council Member Egan, seconded by Council Member Fleming and carried were adopted, on consent, by the Municipal Council. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. NEW BUSINESS CP Anderson mentioned the Opening of the New Brunswick Performing Arts Center (NBPAC), welcomed back the Rutgers University students. CM Fleming welcomed the public-school students, CP Anderson coincided. CM Egan spoke on the opening of P-Tech on Jersey Avenue. Mr. Shamy spoke in regards to the crane incident and permit that was granted by the City. Mr. Shamy said the paperwork was in order and signed by the designee of the Engineering Department, the only thing discovered prior to the second crane permit was a nonpayment for the renewal of the first, which was then paid for by the crane company, at the time of the application. Mr. Kratovil spoke in regards to Mr. Shamy’s comments and the investigation. He asked the council to revise the crane ordinance. Mr. Kratovil asked about the Emergency Management and the old Saint Peter’s School proposed future. Danielle Moore of 333 Somerset Street thanked the Council President for helping with the handicap parking at Laurel Place, spoke in regards to a stop sign, fire hydrants, hanging wires, and the cleaning of streets. Director Rawls, CP Anderson, CM Egan and CM Escobar responded. On a motion regularly made, seconded and carried, the meeting adjourned at 7:34 P.M. Leslie R. Zeledón John Anderson City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE SEPTEMBER 5, 2019 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, THURSDAY, SEPTEMBER 5, 2019 @ 6:30 P.M. COUNCIL MEETING, THURSDAY, SEPTEMBER 5, 2019 IMMEDIATELY FOLLOWING AGENDA A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: AUGUST 7, 2019 C. REPORT OF CORRESPONDENCE BY CITY CLERK D. PUBLIC HEARINGS: (OTHER THAN ORDINANCES) E. ORDINANCES ON SECOND READING (REGULAR MATTERS): ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-081905 CG 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED AS AMENDED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE BY 12, STREETS, SIDEWALKS AND PUBLIC PLACES, CHAPTER 12.28 – R-O-081905-1 PARKS AND PLAYGROUNDS ADD: WELTON STREET PARK O-081906 TKS 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES RE: ABANDONED, WRECKED AND REPAIR OF VEHICLES ON STREETS O-081907 TKS 3 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE UPDATE: MINOR SITE PLAN LANGUAGE & CRITERIA AND ESCROW DEPOSIT SCHEDULE 0-081908 TKS 4 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING UPDATE: ZONING PERMIT FEE SCHEDULE O-081909 TKS 5 ORDINANCE OF THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, APPROVING THE APPLICATION FOR A LONG TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH STIRLINGSIDE URBAN RENEWAL, LLC AND GRANTING A TAX EXEMPTION RE: 50 NEILSEN STREET AND 45 HASSART STREET, BLOCK 121, LOTS 1.01 AND 1.02 Page 1 of 5 F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-091901 JC 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, STOPPING, STANDING OR PARKING, SECTION 10.16.210 – SCHEDULE 38, “TIME LIMIT PARKING AREAS” AND SECTION 10.16.050 – SCHEDULE 29, “TIME LIMIT PARKING – PARKING METERS” RE: KIRKPATRICK STREET G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-091901 TKS 1 APPROVE AGENDA AMENDMENTS R-091902 FIN 2 APPROVE PAYROLL 08/17/19 – 08/30/19 R-091903 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-091904 TKS 4 AUTHORIZE PURCHASE BY FIRE DEPARTMENT UNDER NJ START CONTRACT T-0790/17-FLEET-00811- FIREFIGHTER PROTECTIVE CLOTHING AND EQUIPMENT FROM: FIREFIGHTER ONE LIMITED LIABILITY COMPANY, D/B/A FF1 PROFESSIONAL SAFETY SERVICES FOR: PROTECTIVE TURN OUT GEAR NTE: $34,431.60 R-091905 TKS 5 APPROVE AWARD OF CONTRACT WITH: BAKER & TAYLOR, LLC – A SUBSIDIARY OF BTAC ACQUISITION CORP. FOR: BOOKS PURCHASED FROM A WHOLESALE DISTRIBUTOR FOR THE NEW BRUNSWICK PUBLIC LIBRARY TERM: TWELVE (12) MONTH PERIOD COMMENCING SEPTEMBER 7, 2019 AND ENDING SEPTEMBER 6, 2020 SPECIFICATION NO.: 774-19RFP NTE: $50,000.00 FAIR AND OPEN R-091906 TKS 6 APPROVE AMENDMENT OF RESOLUTION R-061918 REASON: NEW DATES AND TIMES APPROVE RELAXATION OF THE CITY NOISE ORDINANCE REQUESTED BY: JAMES F. CLARKIN III, ESQ. ON BEHALF OF JOHNSON & JOHNSON REASON: PAVE TWO (2) PARKING LOTS ON J&J PROPERTY LOCATED ON HAMILTON STREET DATES AND TIMES: WEDNESDAY – FRIDAY, AUGUST 28 THROUGH AUGUST 30, 2019 FROM 6:00 P.M. – 7:00 P.M. SATURDAY: AUGUST 31, 2019 FROM 7:00 AM THROUGH 7:00 PM NUNC PRO TUNC Page 2 of 5 R-091907 JC 7 APPROVE AWARD OF CONTRACT WITH: INSTITUTE FOR FORENSIC PSYCHOLOGY FOR: PSYCHOLOGICAL SERVICES FOR THE POLICE DEPARTMENT AND FIRE DEPARTMENT TERM: TWELVE (12) MONTH PERIOD COMMENCING SEPTEMBER 7, 2019 AND ENDING SEPTEMBER 6, 2020 SPECIFICATION NO.: 773-19RFP NTE: $17,025.00 FAIR AND OPEN R-091908 CG 8 APPROVE AWARD OF CONTRACT WITH: NEW JERSEY REALTY ADVISORY GROUP, LLC FOR: APPRAISER SERVICES FOR ABANDONED PROPERTIES PROJECT TERM: TWELVE (12) MONTH PERIOD COMMENCING SEPTEMBER 1, 2019 AND ENDING AUGUST 31, 2020 AND THEREAFTER FOR AN ADDITIONAL TWELVE (12) MONTHS SHOULD THE CITY SO DESIRE SPECIFICATION NO.: 765-19RFP NTE: $10,000.00 NUNC PRO TUNC FAIR AND OPEN R-091909 CG 9 APPROVE AWARD OF CONTRACT WITH: EI ASSOCIATES ARCHITECTS & ENGINEERS, PA FOR: ARCHITECTURAL SERVICES FOR ABANDONED PROPERTIES PROJECT TERM: TWELVE (12) MONTH PERIOD COMMENCING SEPTEMBER 1, 2019 AND ENDING AUGUST 31, 2020 AND THEREAFTER FOR AN ADDITIONAL TWELVE (12) MONTHS SHOULD THE CITY SO DESIRE SPECIFICATION NO.: 766-19RFP NTE: $15,000.00 NUNC PRO TUNC FAIR AND OPEN R-091910 FIN 10 AUTHORIZE TAX COLLECTOR TO TRANSFER OVERPAYMENTS ON SEVERAL TAX AND UTILITY ACCOUNTS R-091911 FIN 11 AUTHORIZE REFUND TO PNC BANK NATIONAL ASSOCIATION IN THE AMOUNT OF $2,843.97 AGAINST 2019 TAXES ON BLOCK 318, LOT 032, 16 ELLEN STREET R-091912 JC 12 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: NJ AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS (NJASLA)/RUTGERS UNIVERSITY LANDSCAPE ARCHITECTURE CLUB LOCATION: TWO (2) PARKING SPOTS IN FRONT OF CITY HALL, 94 BAYARD STREET FOR: INTERNATIONAL PARKING DAY 2019 TO CREATE A PUBLIC SPACE TO READ, REST AND SOCIALIZE DATE: FRIDAY, SEPTEMBER 20, 2019 TIME: 8:00 AM – 6:00 PM R-091913 TKS 13 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: DEBRA SUAREZ LOCATION: WAR MONUMENT PARK FOR: RELIGIOUS MEETING AND SERVICES FOR MEMBERS AND THE COMMUNITY DATE: SATURDAY, SEPTEMBER 14, 2019 TIME: 2:00 PM – 4:00 PM Page 3 of 5 R-091914 JC 14 APPROVE REQUEST FOR STREET CLOSING REQUESTED BY: RWJUH COMMUNITY HEALTH PROMOTION PROGRAM LOCATION: DRIFT STREET (BETWEEN WELTON STREET AND NEW STREET) FOR: HEALTHY HOUSING FAIR FOR THE COMMUNITY TO PROVIDE INFORMATION ON HOW TO LIVE IN A CLEAN AND HEALTHY HOME DATE: SATURDAY, SEPTEMBER 14, 2019 TIME: 9:00 AM – 1:00 PM POLICE EXTRA DUTY R-091915 CG 15 APPROVE ON-PREMISE RAFFLE (50/50) AT THE HYATT REGENCY NEW BRUNSWICK, 2 ALBANY STREET, NEW BRUNSWICK FOR: THE PRIDE CENTER OF NEW JERSEY DATE: SATURDAY, SEPTEMBER 21, 2019 R-091916 TKS 16 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE REQUESTED BY: THERMAL SERVICE OF N.J., INC. REASON: PLACE A CRANE AT 109 CHURCH STREET, BETWEEN GEORGE STREET AND NEILSON STREET, FOR THE PURPOSE OF REPLACING A ROOFTOP HVAC UNIT DATE: SATURDAY, SEPTEMBER 14, 2019 TIME: 7:00 AM – 11:00 AM R-091917 TKS 17 APPROVE CHANGE OF CORPORATE STRUCTURE OF WRECKER LICENSE NO. 0002 CARM’S N.B. RECOVERY LLC R-091918 TKS 18 APPROVE RESOLUTION TO EXTINGUISH LIQUOR LICENSE GERMAN AMERICAN CLUB LICENSE NO. 1214-31-100-002 R-091919 TKS 19 APPROVE RELEASE OF SITE INSPECTION FEES AND CLOSE ACCOUNT (ACCOUNT BALANCE $-0-) TO: 91 MANAGEMENT, INC. FOR: 93 RICHARDSON STREET BLOCK 88, LOT 9.01 H. ITEMS FOR DISCUSSION BY COUNCIL: ACTION ASSIGNED ITEM DESCRIPTION TO: NO. I. PUBLIC COMMENT: J. DATES TO REMEMBER: 1. CITY COUNCIL AGENDA REVIEW SESSION WEDNESDAY, SEPTEMBER 18, 2019 6:30 P.M. Page 4 of 5 2. CITY COUNCIL MEETING WEDNESDAY, SEPTEMBER 18, 2019 IMMEDIATELY FOLLOWING AGENDA REVIEW SESSION PREPARED AND EDITED BY: DEPARTMENT OF LAW - KAREN B. CIPOT www.cityofnewbrunswick.org Page 5 of 5

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