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City Council

Regular Meeting

New Brunswick, NJ · August 5, 2020

AgendaMinutes

Minutes

AUGUST 5, 2020 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON AUGUST 5, 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 August 3, 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: Public Information Officer Bert Baron Assistant City Administrator Michael Drulis Assistant City Administrator Brandon Goldberg Police Capt. Goldeski Chief Financial Officer Richard Mulrine City Attorney TK Shamy City Clerk Leslie Zeledón On motion of Council Member Fleming, seconded by Council Member Egan and carried, the minutes of the previous Council Meetings held on June 17, 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-082001 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 13 – PUBLIC SERVICES, CHAPTER 13.04 – WATER SERVICE SYSTEM RE: QUALITY AND FUNCTIONALITY OF WATER APPURTENANCES AND PIPING 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 August 5 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-082002 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 PURSUANT TO N.J.S.A. 55:14K-1, ET SEQ. AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH NBA – NEW BRUNSWICK, LLC AND GRANTING A TAX EXEMPTION RE: 33 PAUL ROBESON BOULEVARD BLOCK: 107.01, LOT 1.01 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 August 5 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-082003 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.16 STOPPING, STANDING OR PARKING, SECTION 10.16.210 - SCHEDULE 38, “TIME LIMIT PARKING AREAS” RE: LIVINGSTON AVENUE 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 August 5 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. An email from the NJDEP regarding their completed review of 360 Georges Road. 2. A letter from EcolSciences, Inc regarding the remediation of 705 Joyce Kilmer Avenue. 3. A notice from the County of Middlesex regarding two Zoom hearings on a request they submitted to the NJDEP, Green Acres Program. 4. A letter from the Department of Transportation regarding the Transportation Trust Fund Project for the Safety Camera Surveillance and the Safe Streets to Transit Grant for Pedestrian Safety Improvement at Train Station project. 5. A letter from Arcadis, amending and supplementing the Response Action Outcome dated January 15, 2020, regarding Route 1 and College Farm Road. 6. A notice from the NJDEP regarding the classification exception area and well restriction area of the former Brunswick Gulf Station No. 60047. 7. A notice from the Township of North Brunswick’s Zoning Board of Adjustment regarding a Special Meeting about PSE&G’s permit for construction of a 69 kilo-volt substation. 8. A letter from the NJDEP regarding a suspected hazardous substance discharge notification. 9. A letter from Langan Engineering and Environmental Services, Inc. regarding an application for a Treatment Works Approval. 10. A notice from the Township of Edison regarding the site plan application of 41 Glendale, LLC for a warehouse building. RESOLUTIONS Public Comment: Mr. Kratovil inquired about R-082015, R-082018, R-082021, R-082025, and R-082027. Mr. Mulrine, Mr. Shamy and Capt. Goldeski responded. Ms. Moore inquired about R-082012, R-082016, R-082021, and R-082026. Capt. Goldeski and Mr. Drulis responded. Ms. Stork asked about R-082010 and R-082026, Capt. Goldeski and Mr. Adorno responded. Mr. Conseco inquired about R-082026, Capt. Goldeski and CP Anderson and responded. Resolutions R-082001through R-082037, 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 Second Deputy Coordinator of the OEM provided a COVID-19 update. He mentioned the indoor gathering limitation has changed to 25-person(s) max, quarantine time returning out of the state is 14 days, open registrations for COVID-19 testing and Lord Stirling will be used as a cooling center for anyone with power outages. Mr. Anderson thanked everyone who assisted with the storm’s aftermath. Ms. Ciccone asked about O-082002 and police training. Mr. Anderson, Mr. Shamy and CM Escobar responded. Mr. Conseco asked about police training, Mr. Anderson responded. Mr. Kratovil of Suydam Street thanked the DPW employees, asked if there were any changes in administration or retirees, Capt. Goldeski and CP Anderson responded. Mr. Kratovil mentioned a police investigation and asked about the Make IT Count program funds. Ms. Moore of 333 Somerset Street inquired about low income housing information, BOE food services and maintenance at Boyd Park. Mr. Anderson and Mr. Valenti responded. Ms. Stork of Park Blvd. asked about the total number of shootings and a PILOT agreement. Ms. Julissa Watson of Chester Circle thanked organizations for supporting her, spoke about police harassment and in support of police body cameras. On a motion regularly made, seconded and carried, the meeting adjourned at 7:01 P.M. Leslie R. Zeledón John Anderson City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE AUGUST 5, 2020 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, AUGUST 5, 2020 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, AUGUST 5, 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 1 (408) 650-3123 and enter access code 249-162-421 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 129-917-8303. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: JUNE 17, 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-082001 TKS 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 13 – PUBLIC SERVICES, CHAPTER 13.04 – WATER SERVICE SYSTEM RE: QUALITY AND FUNCTIONALITY OF WATER APPURTENANCES AND PIPING O-082002 TKS 2 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 PURSUANT TO N.J.S.A. 55:14K-1, ET SEQ. AND AUTHORIZING THE CITY OF NEW BRUNSWICK TO ENTER INTO A FINANCIAL AGREEMENT WITH NBA – NEW BRUNSWICK, LLC AND GRANTING A TAX EXEMPTION RE: 33 PAUL ROBESON BOULEVARD BLOCK: 107.01, LOT 1.01 Page 1 of 6 O-082003 CG 3 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.16 STOPPING, STANDING OR PARKING, SECTION 10.16.210 - SCHEDULE 38, “TIME LIMIT PARKING AREAS” RE: LIVINGSTON AVENUE G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-082001 TKS 1 APPROVE AGENDA AMENDMENTS R-082002 FIN 2 APPROVE PAYROLL 07/04/20 – 07/17/20 R-082003 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-082004 TKS 4 APPROVE APPOINTMENT OF RICHARD MULRINE AS DEFERRED COMPENSATION PLAN ADMINISTRATOR EFFECTIVE AUGUST 5, 2020 R-082005 FIN 5 APPROVE RESOLUTION TO AUTHORIZE REFUND OF ESCROW TO: JIREH CONSTRUCTION FOR: REFUND OF POLICE EXTRA DUTY AMOUNT: $621.50 R-082006 CG 6 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: REFUGIO CITY CHURCH, INC. FOR: BOOK BAG GIVEAWAY LOCATION: FEASTER PARK DATE: FRIDAY, AUGUST 7, 2020 TIME: 9:00 AM – 1:00 PM R-082007 JC 7 APPROVE AMENDMENT OF RESOLUTION R-052034 REASON: ADDITIONAL AMOUNT OF $145,000.00 FOR THE WATER UTILITY WITH: B & W CONSTRUCTION CO. OF NJ FOR: EQUIPMENT AND LABOR NTE: $145,000.00 APPROVAL OF THIS CHANGE ORDER WILL CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE ORIGINAL CONTRACT R-082008 CG 8 APPROVE REQUEST FOR STREET CLOSING AND SIDEWALK USE REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER, INC. FOR: CHALK ART MURAL AT NBPAC STREET LOCATION: LIVINGSTON AVENUE (DROP OFF AREA IN FRONT OF NBPAC – MUSIC STAFF AREA) SIDEWALK USE: LIVINGSTON AVENUE SIDEWALK (DROP OFF AREA IN FRONT OF NBPAC – MUSIC STAFF AREA) DATES: WEDNESDAY, AUGUST 12, 2020 FROM 8:00 AM – 8:00 PM AND THURSDAY, AUGUST 13, 2020 FROM 8:00 AM – 4:00 PM RAIN DATES: WEDNESDAY, AUGUST 19, 2020 FROM 8:00 AM – 8:00 PM AND THURSDAY, AUGUST 20, 2020 FROM 8:00 AM – 4:00 PM Page 2 of 6 R-082009 JC 9 APPROVE AWARD OF CONTRACT WITH: GOLD TYPE BUSINESS MACHINES D/B/A G.T.B.M. FOR: ONE (1) E-TICKETING PLUS SOFTWARE LICENSE – PROPRIETARY SOFTWARE FOR THE POLICE DEPARTMENT TERM: TWELVE (12) MONTH PERIOD COMMENCING AUGUST 1, 2020 AND ENDING JULY 31, 2021 NTE: $9,944.00 NUNC PRO TUNC R-082010 JC 10 APPROVE PURCHASE BY POLICE DEPARTMENT UNDER NJ START CONTRACT M-0003/89851 – SOFTWARE LICENSE & RELATED SERVICES FROM: SHI INTERNATIONAL CORP. FOR: SOFTWARE FOR THE POLICE DEPARTMENT – ADOBE CREATIVE CLOUD NTE: $19,395.20 R-082011 FIN 11 APPROVE CHAPTER 159 BUDGET INSERTION STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES FOR: DIAL-A-RIDE GRANT AMOUNT: $28,158.00 R-082012 FIN 12 APPROVE CHAPTER 159 BUDGET INSERTION STATE OF NEW JERSEY FOR: 2020 CLEAN COMMUNITIES GRANT AMOUNT: $58,474.88 R-082013 FIN 13 APPROVE CHAPTER 159 BUDGET INSERTION STATE OF NEW JERSEY FOR: ALCOHOL EDUCATION, REHAB & ENFORCEMENT AMOUNT: $8,918.87 R-082014 FIN 14 APPROVE CHAPTER 159 BUDGET INSERTION REINVESTMENT FUND, INC. FOR: 2020 SUMMER FOOD SERVICE PROGRAM AMOUNT: $10,000.00 R-082015 FIN 15 APPROVE CHAPTER 159 BUDGET INSERTION STATE OF NEW JERSEY FOR: 2020-VD-BX-0348 AMOUNT: $134,684.00 R-082016 FIN 16 APPROVE CHAPTER 159 BUDGET INSERTION NEW JERSEY DEPARTMENT OF HIGHWAY TRAFFIC SAFETY FOR: FY2021 STREET SMART PEDESTRIAN GRANT AMOUNT: $49,000.00 R-082017 FIN 17 APPROVE CHAPTER 159 BUDGET INSERTION STATE OF NEW JERSEY FOR: URBAN AID FY2017 AMOUNT: $42,797.00 R-082018 FIN 18 APPROVE CHAPTER 159 BUDGET INSERTION MIDDLESEX COUNTY FOR: CARES ACT REIMBURSEMENT AMOUNT: $23,740.21 R-082019 FIN 19 APPROVE CHAPTER 159 BUDGET INSERTION NJ LIBRARY ASSOCIATION FOR: CENSUS 2020 GRANT AMOUNT: $1,600.00 Page 3 of 6 R-082020 FIN 20 APPROVE TAX REFUND TO: C.V.I.I., L.L.C. FOR: 2017, 2018 & 2019 TAX APPEALS R-082021 CG 21 APPROVE AMENDMENT OF RESOLUTION R-012041 REASON: AN ADDITIONAL $75,000.00 TO PAY OUTSTANDING INVOICES FOR SPECIALIZED LEGAL SERVICES WITH: HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP FOR: 2020 SPECIAL COUNSEL FOR TAX APPEALS – DIVISION OF ASSESSMENTS NTE: $75,000.00 R-082022 TKS 22 APPROVE AMENDMENT OF RESOLUTION R-111930 REASON: CHANGE IN GRANT PERIOD AND FUNDING WITH: MIDDLESEX COUNTY FOR: 2020 – 2021 NEW BRUNSWICK ALLIANCE ON SUBSTANCE ABUSE PREVENTION CASH MATCH: $4,200.50 GRANT: $16,802.00 R-082023 CG 23 APPROVE AMENDMENT OF RESOLUTON R-061612 REASON: TO PAY FINAL INVOICE IN THE AMOUNT OF $80.92 FOR THE POLICE DEPARTMENT – JUVENILE AID BUREAU COPIER MACHINE WITH: RICOH USA, INC. NTE: $80.92 APPROVAL OF THIS AMENDMENT WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-082024 JC 24 APPROVE AWARD OF CONTRACT WITH: DGL RAFTOPOULOS, INC. D/B/A MAACO COLLISION REPAIR AND AUTO PAINTING FOR: AUTOMOTIVE BODY REPAIRS FOR THE POLICE DEPARTMENT TERM: TWELVE (12) MONTH PERIOD COMMENCING AUGUST 6, 2020 AND ENDING AUGUST 5, 2021 SPECIFICATION NO.: 843-20P NTE: $35,000.00 R-082025 TKS 25 APPROVE RESOLUTION TO REFER AMENDMENTS OF THE ZONING ORDINANCE TO THE PLANNING BOARD FOR REVIEW AND REPORT RE: VARIOUS ZONING ITEMS R-082026 JC 26 APPROVE PURCHASE BY POLICE DEPARTMENT UNDER NJ START CONTRACT M-0003/89851 – SOFTWARE LICENSE & RELATED SERVICES FROM: SHI INTERNATIONAL CORP. FOR: SOFTWARE FOR THE POLICE DEPARTMENT - CLOUD COMPUTING SOLUTION NTE: $16,196.75 R-082027 JC 27 APPROVE AWARD OF CONTRACT WITH: SOUTH AND ASSOCIATES, LLC FOR: IN-SERVICE TRAINING FOR LAW ENFORCEMENT OFFICERS TERM: TWELVE (12) MONTH PERIOD COMMENCING AUGUST 8, 2020 AND ENDING AUGUST 7, 2021 SPECIFICATION NO.: 847-20RFP NTE: $8,775.00 FAIR AND OPEN Page 4 of 6 R-082028 JC 28 APPROVE AWARD OF CONTRACT WITH: JO-MED CONTRACTING CORP. FOR: WILCOX ROAD STORMWATER IMPROVEMENTS SPECIFICATION NO.: 941-20 NTE: $83,520.00 R-082029 FIN 29 APPROVE CHAPTER 159 BUDGET INSERTION TOWNSHIP OF NORTH BRUNSWICK FOR: SHARED SERVICES – ANIMAL CONTROL AMOUNT: $84,471.24 R-082030 CG 30 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE AND ROAD CLOSURE REQUESTED BY: SKY-HY ERECTORS & EQUIPMENT, INC. REASON: PLACE A CRANE AT 46 PATERSON STREET AND A ROAD CLOSURE OF PATERSON STREET BETWEEN ELM ROW AND GEORGE STREET TO CHANGE OUT AN HVAC SYSTEM DATE: SATURDAY, AUGUST 15, 2020 ALTERNATE DATES: SATURDAYS, AUGUST 22, 2020 & AUGUST 29, 2020 TIME: 7:00 AM – 4:00 PM R-082031 CG 31 APPROVE AWARD OF CONTRACTS FOR: TRUCK AND EQUIPMENT REPLACEMENT PARTS WITH: BROWN’S HUNTERDON INTERNATIONAL, LLC D/B/A BROWN TRUCK GROUP NTE: $4,000.00 WITH: BROWN’S HUNTERDON MACK SALES AND SERVICE, INC. D/B/A BROWN TRUCK GROUP NTE: $4,000.00 WITH: CAMPBELL FREIGHTLINER, LLC NTE: $6,000.00 WITH: NORCIA CORPORATION NTE: $12,000.00 TERM: TWELVE (12) MONTH PERIOD COMMENCING AUGUST 17, 2020 AND ENDING AUGUST 16, 2021 SPECIFICATION NO.: 845-20P R-082032 TKS 32 APPROVE AMENDMENT OF RESOLUTION R-032059 CHANGE ORDER NO. 1 WITH: DUALL BUILDING RESTORATION, INC. FOR: MASONRY REPAIRS AND ROOF REPLACMENT TO CITY HALL SPECIFICATION NO.: 825-19P AMOUNT: $27,213.42 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGNAL CONTRACT R-082033 CG 33 APPROVE AMENDMENT OF RESOLUTION R-052012 REASON: EXTEND THROUGH NOVEMBER 20, 2020 AND ADD MURALS REQUESTED BY: NEW BRUNSWICK CITY MARKET FOR: “CHALK ART TAKEOVER” LOCATION: ALONG THE SIDEWALKS OF THE CITY CENTER OF NEW BRUNSWICK AND MURALS ON THE GEORGE STREET CORRIDOR DURING ROAD CLOSURES THROUGHOUT DINING HOURS TIME: THROUGH NOVEMBER 20, 2020 R-082034 JC 34 APPROVE SITE PERFORMANCE GUARANTEE REDUCTION TO: PINANK PATEL C/O NB HOTEL GROUP, LLC FOR: HOME2SUITES BY HILTON 19 ROUTE 18 BLOCK 710.02, LOT 6.06 Page 5 of 6 H. ITEMS FOR DISCUSSION BY COUNCIL: ACTION ASSIGNED ITEM DESCRIPTION TO: NO. 1 OEM COVID-19 UPDATE I. PUBLIC COMMENT: J. DATES TO REMEMBER: 1. CITY COUNCIL AGENDA REVIEW SESSION WEDNESDAY, AUGUST 19, 2020 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, AUGUST 19, 2020 IMMEDIATELY FOLLOWING AGENDA REVIEW SESSION PREPARED AND EDITED BY: DEPARTMENT OF LAW - KAREN B. CIPOT www.cityofnewbrunswick.org Page 6 of 6

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