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City Council

Regular Meeting

New Brunswick, NJ · May 20, 2020

AgendaMinutes

Minutes

MAY 20, 2020 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON MAY 20, 2020 AT 5:30 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 that the annual notice, which gave sufficient notice of the time and place, and conduct of all public meetings of the Municipal Council of the City of New Brunswick, has been filed with the City Clerk, has been placed on an appropriate bulletin board and posted in the back vestibule of City Hall visible to the public through the windows in the lobby of City Hall, New Brunswick, N.J. and has been transmitted to the official newspaper for the City of New Brunswick, namely The Home News Tribune. Additionally, a 48-hour notice of the time place and manor of conducting this meeting has been made by the City Clerk on May 18, 2020 as is required by law. New Jersey Governor Phil Murphy has issued Executive Orders limiting the size of public gatherings. The City Council met with 4 of voting members of the City Council present and 1 voting member via conference call. The City Council intends to meet on a regular schedule and will meet the guidelines of the Open Public Meetings Act (OPMA) by utilizing teleconferencing systems. Public participation at public meetings has been revised and the public may participate through a conference call-in system. The public is encouraged to call into the conference call system through the phone numbers and access codes transmitted in the 48-HOUR NOTICE and posted in the back vestibule of City Hall visible to the public through the windows. City employees will also be available via conference call during this meeting as well. All on the conference call will have the opportunity to hear the City Council meeting. During the portions of the meetings that are not open for public comment, all callers from the public will be muted and the Council will not be able to hear any public comment through the Conference Call system. During the public comment periods those on the conference call in lines, who have interest in addressing the Council, will first be organized by last name and then called upon to speak. Public needing assistance accessing the call-in number should call City Hall at 732-745-5007. Salute to the Flag.................................................................... Leslie Zeledón Pause for a moment to honor those American, Iraqis, and Afghanis who have lost their lives in this current conflict. Staff in attendance: Assistant City Administrator Michael Drulis Police Captain JT Miller City Attorney TK Shamy City Administrator Daniel A. Torrisi Water Director Alexei Walus 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 March 18, 2020 were approved and adopted as engrossed. Meeting called to order by Council President Anderson with Council Members Egan, Escobar, Fleming, Sicora Ludwig present via conference call. PUBLIC HEARING None. INTRODUCTION OF ORDINANCES O-052001 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE RE: CELLULAR ANTENNAS, ACCESSORY STRUCTURES, MINOR SITE PLANS AND DEVELOPMENT FEES On a motion of Council Member Sicora Ludwig, seconded by Council Member Escobar, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on June 3 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. O-052002 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING RE: ROOFTOP CELLULAR ANTENNAS AND DRIVEWAYS On a motion of Council Member Sicora Ludwig, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on June 3 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig, Anderson Nay: Abstain: Motion carried. COMMUNICATIONS 1. A notice to Public Service Electric and Gas Company Gas Customers from PSE&G regarding the recovery of associated costs related to the Transition Renewable Certificate Program (TREC). 2. A letter from GLM at Comstock, LLC regarding the New Jersey Department of Environmental Protection (NJDEP) Site Remediation Program (SRP) guidance about installing public notification signs in English and Spanish. 3. A letter of correspondence amending and supplementing the Response Action Outcome dated March 13, 2019, regarding One former 1,000-Gallon Waste Oil tank and One former 4,000-Gallon Motor Oil Underground Storage Tank at 9 Industrial Drive. 4. A letter from the Township of Franklin regarding a Special Meeting on May 20, 2020 for the Franklin Township Planning Board, and another Special Meeting for their Zoning Board on May 21, 2020. 5. A letter from NJDEP regarding one 550-gallon #2 Heating Oil Underground Storage Tank System at 227 Livingston Avenue. RESOLUTIONS Public Comment: Mr. Kratovil inquired about R-052033, R-052035. City Attorney TK Shamy and City Market Executive Director Pamela Stefanek responded. Ms. Moore inquired about R-052033, Ms. Stefanek responded. Resolutions R-052023 through R-052039, 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 Council Vice President wished everyone a safe Memorial Day. Council Member Escobar mentioned the opening of Dignity Center for the homeless at Memorial Stadium and Elijah’s Promise distribution of care packages with face masks. Council President thanked the local restaurants for giving away free food to medical staff. Ms. Hunt of Monroe spoke of the sale of Lincoln Annex School, CP Anderson and Mr. Shamy responded. Mr. Kratovil asked about plans for proposed Cancer Institute and a lawsuit. Planning Director Dominguez and CM Fleming responded. Ms. Julia LaChance spoke on her concerns of a contaminated site on Jersey Avenue. Mr. Markopoulos of Edison spoke about the sale of Lincoln Annex and New Brunswick Board of Education. Mr. Moore spoke about the Board of Education meeting and asked about the summer Play Safe program. CM Escobar responded she will check with Mr. Adorno. On a motion regularly made, seconded and carried, the meeting adjourned at 6:35 P.M. Leslie R. Zeledón John Anderson City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE MAY 20, 2020 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, MAY 20, 2020 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, MAY 20, 2020 IMMEDIATELY FOLLOWING AGENDA Members of the public will be able to give public comment during public comment portions of the meeting through telephonic conferencing. To participate you must phone-in by dialing (646) 992-2010 and enter access code 717-844-600 or you may phone-in by dialing (646) 749-3122 and enter access code 782-973-037. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: MARCH 18, 2020 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. F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-052001 TKS 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE RE: CELLULAR ANTENNAS, ACCESSORY STRUCTURES, MINOR SITE PLANS AND DEVELOPMENT FEES O-052002 TKS 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING RE: ROOFTOP CELLULAR ANTENNAS AND DRIVEWAYS G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-052023 TKS 1 APPROVE AGENDA AMENDMENTS Page 1 of 4 R-052024 FIN 2 APPROVE PAYROLL 04/25/20 – 05/08/20 R-052025 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-052026 CG 4 APPROVE AWARD OF CONTRACT WITH: NORTHEASTERN BENEFIT SERVICES, LLC FOR: INSURANCE BROKERAGE SERVICES (DENTAL) TERM: TWELVE (12) MONTH CONTRACT COMMENCING JUNE 1, 2020 AND ENDING MAY 31, 2021 AND THEREAFTER FOR AN ADDITIONAL TWELVE (12) MONTHS SHOULD THE CITY SO DESIRE SPECIFICATION NO.: 827-20RFP R-052027 JC 5 APPROVE AMENDMENT OF RESOLUTION R-042019 REASON: ADDITIONAL AMOUNT OF $265.00 - POLICE DEPARTMENT FOR: FURNISH AND DELIVER WORK UNIFORMS FOR PUBLIC WORKS, WATER UTILITY, PUBLIC PROPERTY, PARKS & SHADE TREES, ENGINEERING, LIBRARY AND POLICE DEPARTMENT (GARAGE ATTENDANT) WITH: SPECIALTY GRAPHICS, LLC SPECIFICATION NO.: 821-20P NTE: $265.00 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-052028 CG 6 APPROVE AMENDMENT OF RESOLUTION R-032022 REASON: ADDITIONAL AMOUNT OF $2,500.00 TO PAY OUTSTANDING INVOICES – PUBLIC WORKS FOR: TRUCK AND EQUIPMENT REPLACEMENT PARTS WITH: JESCO, INC. SPECIFICATION NO.: 769-19P NTE: $2,500.00 APPROVAL OF THIS CHANGE ORDER WILL CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE ORIGINAL CONTRACT R-052029 JC 7 APPROVE AWARD OF CONTRACT WITH: GARDEN STATE LABORATORIES, INC. FOR: LABORATORY ANALYSIS FOR THE WATER UTILITY TERM: TWELVE (12) MONTH PERIOD COMMENCING MAY 21, 2020 AND ENDING MAY 20, 2021 SPECIFICATION NO.: 828-20RFP NTE: $19,500.00 FAIR AND OPEN R-052030 FIN 8 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2020 R-052031 JC 9 APPROVE AWARDS OF CONTRACT FOR: CONTAMINANTS ANALYSIS FOR THE WATER UTILITY WITH: EUROFINS LANCASTER LABORATORIES ENVIRONMENTAL, LLC PACE ANALYTICAL SERVICES, LLC AGRA ENVIRONMENTAL, INC. ANALYTICAL SERVICES, INC. TERM: TWELVE (12) MONTH PERIOD COMMENCING MAY 21, 2020 AND ENDING MAY 20, 2021 AND THEREAFTER FOR AN ADDITIONAL TWELVE (12) MONTHS SHOULD THE CITY SO DESIRE SPECIFICATION NO.: 830-20RFP NTE: $21,250.00 FAIR AND OPEN Page 2 of 4 R-052032 CG 10 APPROVE AMENDMENT OF RESOLUTION R-121970 CHANGE ORDER NO. 5 – FINAL – CREDIT (REVISES CHANGE ORDER #4 AS FINAL) WITH: TOP LINE CONSTRUCTION CORPORATION FOR: JOYCE KILMER AVENUE ROADWAY IMPROVEMENTS SPECIFICATION NO.: 922-18 CREDIT AMOUNT: $38.78 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-052033 TKS 11 NEW BRUNSWICK CITY MARKET 2020 BUDGET INTRODUCTION: WEDNESDAY, MAY 20, 2020 PUBLIC HEARING: JUNE 17, 2020 R-052034 JC 12 APPROVE AMENDMENT OF RESOLUTION R-042023 REASON: ADDITIONAL AMOUNT OF $86,142.68 FOR THE WATER UTILITY TO PAY OUTSTANDING INVOICES WITH: B & W CONSTRUCTION CO. OF NJ FOR: EQUIPMENT AND LABOR NTE: $86,142.68 APPROVAL OF THIS CHANGE ORDER WILL CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE ORIGINAL CONTRACT R-052035 CG 13 APPROVE AMENDMENT OF RESOLUTION R-052018 REASON: ADDITIONAL DATES: SATURDAYS AND SUNDAYS FROM MAY 16, 2020 THROUGH JUNE 21, 2020 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE REQUESTED BY: LANGAN ENGINEERING ON BEHALF OF STRUCTURE TONE INC. REASON: CONSTRUCTION ACTIVITIES ON THE RESIDENCES AT EASTON AND HAMILTON – 78, 92 & 94 EASTON AVENUE DATES: SATURDAYS AND SUNDAYS (EXCLUDING HOLIDAYS AND ANY DATES DEEMED NECESSARY BY THE NEW BRUNSWICK POLICE DEPARTMENT) FROM MAY 16, 2020 THROUGH JUNE 21, 2020 TIME: 8:00 AM – 5:00 PM NUNC PRO TUNC R-052036 JC 14 AUTHORIZE APPLICATION AND ACCEPTANCE OF GRANT FOR FIRE DEPARTMENT DEPARTMENT OF HOMELAND SECURITY FOR: FY 2019 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) NUNC PRO TUNC R-052037 CG 15 AUTHORIZE APPLICATION AND ACCEPTANCE OF GRANT FOR FIRE DEPARTMENT DEPARTMENT OF HOMELAND SECURITY FOR: FY 2020 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM – COVID-19 SUPPLEMENTAL (AFG-S) H. ITEMS FOR DISCUSSION BY COUNCIL: ACTION ASSIGNED ITEM DESCRIPTION TO: NO. Page 3 of 4 I. PUBLIC COMMENT: J. DATES TO REMEMBER: 1. CITY COUNCIL AGENDA REVIEW SESSION WEDNESDAY, JUNE 3, 2020 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, JUNE 3, 2020 IMMEDIATELY FOLLOWING AGENDA REVIEW SESSION PREPARED AND EDITED BY: DEPARTMENT OF LAW - KAREN B. CIPOT www.cityofnewbrunswick.org Page 4 of 4

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