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City Council

Regular Meeting

New Brunswick, NJ · February 3, 2021

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Minutes

FEBRUARY 3, 2021 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON FEBRUARY 3, 2021AT 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 February 1, 2021 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 all voting members of the City Council present 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: City Administrator Michael Drulis Assistant City Administrator Brandon Goldberg City Attorney TK Shamy City Clerk Leslie R. Zeledón On motion of Council Member Egan, seconded by Council Member Fleming and carried, the minutes of the previous Council Meetings held on December 16, 2020 were approved and adopted as engrossed. Meeting called to order by Council President Sicora Ludwig with Council Members Anderson, Egan, Fleming, Escobar present via teleconferencing system. PUBLIC HEARING O-012103 AN ORDINANCE TO GRANT AN EASEMENT INTO THE CITY OF NEW BRUNSWICK’S RIGHT-OF-WAY FOR THE STATE THEATRE MARQUEE SIGN ENCROACHMENT ON LIVINGSTON AVENUE BLOCK 12, LOT 24.01 Council President Sicora Ludwig 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 February 3, 2021. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. O-012104 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.04 – GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT, SECTION 10.04.090, DESIGNATION OF PARKING OFFENSES ADD: ELECTRIC SCOOTERS VIOLATIONS Council President Sicora Ludwig opened the Public Hearing on the above ordinance. Public Comment: Mr. Kratovil and Ms. Moore inquired on the ordinance above. Council President, Mr. Shamy and Deputy Director Miller responded. On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on February 3, 2021. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. INTRODUCTION OF ORDINANCES O-022101 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE, CHAPTER 16.24 – SITE PLAN REVIEW, SECTION 16.24.260 – APPLICATION FEES RE: FEES On a motion of Council Member Escobar, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on February 17, 2021 at 6:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. O-022102 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC: SECTION 10.12.170 – SCHEDULE 19 “A REGULATION CLOSING STREETS WHERE SCHOOLS ARE LOCATED” DELETE: BOARD OF EDUCATION OFFICES SCHOOL (FORMER ST. PETER’S) SECTION 10.16.020 – SCHEDULE 24 “NO PARKING AT ANY TIME” DELETE: PORTION OF SOMERSET STREET SECTION 10.16.030 – SCHEDULE 27, “NO PARKING CERTAIN HOURS (SCHOOL ZONE)” DELETE: DIVISION STREET HARDENBURG STREET On a motion of Council Member Escobar, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on February 17, 2021 at 6:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. COMMUNICATIONS 1. A letter from the State of New Jersey Division of Alcoholic Beverage Control regarding the suspension of the liquor license belonging to DNAS Inc t/a Evelyns at 45 and 47 Easton Ave. 2. A letter from the State of New Jersey Division of Alcoholic Beverage Control regarding the suspension of the liquor license belonging to Widespread Holdings Inc t/a Steakhouse 85 at 85 Church Street. 3. A letter from the New Jersey Department of Environmental Protection regarding the Soil Remedial Action Permit for 990 Jersey Avenue. 4. A notice from the New Brunswick Planning Board regarding a hearing on an application from Jersey Avenue School Redevelopment Associates LLC relating to the property designated as Block 205, Lot 1.05. 5. An ordinance from the Township of Franklin amending the Renaissance 2000 Redevelopment Plan to establish land use plan requirements for a comprehensive development of the Churchill-Millstone redevelopment area. 6. A letter from the New Jersey Department of Environmental Protection regarding suspected hazardous discharge at 252 Livingston Avenue. 7. A letter from the New Jersey Department of Environmental Protection regarding ground water remedial action protectiveness and biennial certification for a remedial action permit at 268 Baldwin Street. RESOLUTIONS Public Comment: Mr. Kratovil inquired about R-022110. Mr. Dominguez responded. Ms. Stork inquired about R-022110, R-022122, R-022114. Mr. Walus responded. Resolutions R-022101 through R-022127, 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, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. NEW BUSINESS Council President Sicora Ludwig informed residents on the snow removal and regulations of cleaning, as well as temporary free parking facilities. CM Anderson remided residents of the due date for taxes. CVP Escobar mentioned the new murals throughout the City. CM Fleming mentioned Black History Month and unsung heroes. Director Rawls provided an OEM update and appointment availabilities throughout Middlesex County. Mr. Kratovil of Suydam Street asked about the recycling schedule, transparency and publicized crimes. Ms. Moore of 272 Hamilton Street thanked everyone for prayers, mentioned Cold Blue and the recent snow storm. Ms. Stork spoke on the winter storm, taxes and the water quality. PIO Baron informed the residents of the make-up dates for recycling. On a motion regularly made, seconded and carried, the meeting adjourned at 6:40 P.M. Leslie R. Zeledón Suzanne Sicora Ludwig City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE FEBRUARY 3, 2021 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, FEBRUARY 3, 2021 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, FEBRUARY 3, 2021 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 (571) 317-3122 and enter access code 664-149-757 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 715-737-385. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: DECEMBER 16, 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. O-012103 TKS 1 AN ORDINANCE TO GRANT AN EASEMENT INTO THE CITY OF NEW BRUNSWICK’S RIGHT-OF-WAY FOR THE STATE THEATRE MARQUEE SIGN ENCROACHMENT ON LIVINGSTON AVENUE BLOCK 12, LOT 24.01 O-012104 TKS 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.04 – GENERAL PROVISIONS, ADMINISTRATION AND ENFORCEMENT, SECTION 10.04.090, DESIGNATION OF PARKING OFFENSES ADD: ELECTRIC SCOOTERS VIOLATIONS F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-022101 TKS 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 16, LAND DEVELOPMENT CODE, CHAPTER 16.24 – SITE PLAN REVIEW, SECTION 16.24.260 – APPLICATION FEES RE: FEES Page 1 of 6 O-022102 JC 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC: SECTION 10.12.170 – SCHEDULE 19 “A REGULATION CLOSING STREETS WHERE SCHOOLS ARE LOCATED” DELETE: BOARD OF EDUCATION OFFICES SCHOOL (FORMER ST. PETER’S) SECTION 10.16.020 – SCHEDULE 24 “NO PARKING AT ANY TIME” DELETE: PORTION OF SOMERSET STREET SECTION 10.16.030 – SCHEDULE 27, “NO PARKING CERTAIN HOURS (SCHOOL ZONE)” DELETE: DIVISION STREET HARDENBURG STREET G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-022101 TKS 1 APPROVE AGENDA AMENDMENTS R-022102 FIN 2 APPROVE PAYROLL 01/09/21 – 01/22/21 R-022103 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-022104 TKS 4 APPROVE AMENDMENT TO RESOLUTION R-022073 REASON: ADDITIONAL AMOUNT OF $270.11 WITH: MCMANIMON, SCOTLAND & BAUMANN, LLC FOR: LEGAL COUNSEL SERVICES FOR HOUSING AND REHABILITATION MATTERS NTE: $270.11 R-022105 TKS 5 APPROVE AMENDMENT OF RESOLUTION R-082032 CHANGE ORDER NO. 2 WITH: DUALL BUILDING RESTORATION, INC. FOR: MASONRY REPAIRS AND ROOF REPLACMENT TO CITY HALL SPECIFICATION NO.: 825-19P AMOUNT: $3,338.28 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGNAL CONTRACT R-022106 JC 6 APPROVE REQUEST FOR USE OF CITY PROPERTY (SIDEWALK ONLY) REQUESTED BY: APRIL’S SHOWERS OUTREACH MINISTRY LOCATION: CORNER OF REMSEN AVENUE AND SEAMAN STREET ALTERNATE LOCATION: TRAIN STATION – EASTON AVENUE AND ALBANY STREET FOR: OUTREACH MINISTRY SERVING FOOD, DISTRIBUTING CLOTHING AND PROVIDING FELLOWSHIP AND PRAYER TO THE HOMELESS OF THE COMMUNITY DATES: EVERY WEDNESDAY, FRIDAY AND SUNDAY IN 2021 COMMENCING FRIDAY, FEBRUARY 5, 2021 TIME: 1:00 PM – 4:00 PM Page 2 of 6 R-022107 JC 7 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH: POWER DMS, INC. FOR: POWER SUITE SUBSCRIPTION FOR THE POLICE DEPARTMENT TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 23, 2021 AND ENDING FEBRUARY 22, 2022 NTE: $6,518.00 R-022108 JC 8 APPROVE AGREEMENT WITH: AETNA US HEALTHCARE-MIDDLETOWN FOR: MEDICARE ADVANTAGE PLAN TERM: JANUARY 1, 2021 – DECEMBER 31, 2021 NUNC PRO TUNC R-022109 JC 9 APPROVE AWARD OF CONTRACT WITH: GOLD TYPE BUSINESS MACHINES D/B/A G.T.B.M. FOR: PROPRIETARY SOFTWARE LICENSES – 31 INFO-COP LICENSE RENEWALS TERM: TWELVE (12) MONTH PERIOD COMMENCING JANUARY 30, 2021 AND ENDING JANUARY 29, 2022 NTE: $8,137.50 NUNC PRO TUNC R-022110 TKS 10 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH: CME ASSOCIATES FOR: MASTER PLAN NTE: $170,000.00 R-022111 JC 11 APPROVE AWARD OF CONTRACT WITH: MORPHO USA, INC. D/B/A IDEMIA IDENTITY & SECURITY USA, LLC FOR: PROPRIETARY MAINTENANCE AND SUPPORT AGREEMENT FOR LIVE SCAN SYSTEM FOR THE POLICE DEPARTMENT TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 1, 2021 AND ENDING JANUARY 31, 2022 NTE: $3,930.57 NUNC PRO TUNC R-022112 TKS 12 AUTHORIZE ACCEPTANCE OF GRANT WITH: MIDDLESEX COUNTY FOR: 2020 – 2021 NEW BRUNSWICK ALLIANCE ON SUBSTANCE ABUSE PREVENTION CASH MATCH: $4,200.50 GRANT: $16,802.00 R-022113 TKS 13 APPROVE BUSINESS ASSOCIATE AGREEMENT WITH: IMAGETREND, INC. FOR: NO-COST ELECTRONIC PATIENT CARE REPORTS FOR THE FIRE DEPARTMENT R-022114 JC 14 APPROVE AMENDMENT OF RESOLUTION R-052031 REASON: ADDITIONAL AMOUNT OF $20,280.00 FOR: CONTAMINANTS ANALYSIS FOR THE WATER UTILITY WITH: AGRA ENVIRONMENTAL, INC. D/B/A ENVIRONMENTAL AND LABORATORY SERVICES SPECIFICATION NO.: 830-20RFP NTE: $20,280.00 Page 3 of 6 R-022115 JC 15 APPROVE AMENDMENT OF RESOLUTION R-122019 REASON: EXTEND CONTRACT FOR ONE (1) ADDITIONAL YEAR WITH: SAL ELECTRIC CO. FOR: ELECTRICAL MAINTENANCE AND REPAIR SERVICES TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 7, 2021 AND ENDING FEBRUARY 6, 2022 SPECIFICATION NO.: 734-19P NTE: $122,000.00 R-022116 JC 16 APPROVE AWARD OF CONTRACT WITH: MOTT MACDONALD, LLC FOR: 2021 MISCELLANEOUS SUPPLEMENTAL ENGINEERING SERVICES SPECIFICATION NO.: 946-21RFP NTE: $70,000.00 FAIR AND OPEN R-022117 JC 17 AUTHORIZE PROFESSIONAL SERVICE AGREEMENT WITH: OMSUM ENGINEERING, LLC FOR: ENGINEERING INSPECTIONS FOR VARIOUS WORK IN CITY RIGHT-OF-WAYS SPECIFICATION NO.: 947-21RFP NTE: $12,600.00 R-022118 JC 18 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE AND PARTIAL LANE CLOSURE OF CHURCH STREET REQUESTED BY: EYET LAW, LLC REASON: ACCOMMODATE A LIFT ON CHURCH STREET, BETWEEN GEORGE STREET AND SPRING STREET IN ORDER TO LIFT AND MOVE FURNITURE THROUGH A SECOND-FLOOR WINDOW PARTIAL LANE CLOSURE: CHURCH STREET BETWEEN GEORGE STREET AND SPRING STREET DATE: SATURDAY, JANUARY 30, 2021 TIME: 7:00 AM – 4:00 PM NUNC PRO TUNC R-022119 FIN 19 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2021 R-022120 TKS 20 APPROVE AWARD OF CONTRACTS FOR: INTERPRETERS FOR THE MUNICIPAL COURT WITH: -JUDITH E. GRASBERG -PARA PLUS TRANSLATIONS, INC. -ASL INTERPRETER REFERRAL SERVICE, INC. -LANGUAGE SERVICES ASSOCIATES -ELSA GONZALEZ D/B/A EXACTO SPANISH INTERPRETERS, LLC TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 7, 2021 AND ENDING FEBRUARY 6, 2022 SPECIFICATION NO.: 893-21RFP NTE: $39,000.00 R-022121 FIN 21 AUTHORIZE TAX COLLECTOR TO TRANSFER CREDITS ON SEVERAL TAX AND UTILITY ACCOUNTS Page 4 of 6 R-022122 TKS 22 APPROVE AWARD OF CONTRACT FOR: FURNISH AND DELIVER CHEMICALS FOR BULK FEED FACILITIES WITH: GREER LIME COMPANY CHEMTRADE CHEMICALS US LLC JCI JONES CHEMICALS, INC. UNIVAR USA, INC. GEORGE S. COYNE CHEMICAL CO. USALCO BALTIMORE PLANT, LLC CARUS CORPORATION CARBON ACTIVATED CORPORATION TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 7, 2021 AND ENDING FEBRUARY 6, 2022 SPECIFICATION NO.: 106-2021W NTE: $1,173,856.08 R-022123 JC 23 APPROVE AWARD OF CONTRACT WITH: ABSOLUTE FIRE PROTECTION COMPANY, INC. FOR: FIRE AERIAL LADDER DEVICE REPAIR SERVICES TERM: TWELVE (12) MONTH PERIOD COMMENCING FEBRUARY 8, 2021 AND ENDING FEBRUARY 7, 2022 SPECIFICATION NO.: 895-21P NTE: $20,000.00 R-022124 FIN 24 APPROVE TRANSFER OF APPROPRIATION RESERVES FOR 2020 MUNICIPAL BUDGET R-022125 JC 25 APPROVE AMENDMENT OF RESOLUTION R-031792 REASON: PAY COPIER OVERAGE CHARGES OF $250.00 FOR THE TAX ASSESSOR WITH: RICOH USA, INC. NTE: $250.00 APPROVAL OF THIS AMENDMENT WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-022126 JC 26 AUTHORIZE LEASE OF COPY MACHINE FOR THE HEALTH DEPARTMENT FROM: RICOH USA, INC. FOR: ONE (1) RICOH MODEL #MP 6055SPG DIGITAL COPIER NTE: $309.24 PER MONTH COMMENCING MARCH 1, 2021 AND ENDING FEBRUARY 28, 2025 – FORTY-EIGHT (48) MONTH CONTRACT STATE CONTRACT NO. 40467/G-2075-COPIERS, MAINTENANCE AND SUPPLIES H. ITEMS FOR DISCUSSION BY COUNCIL: ACTION ASSIGNED ITEM DESCRIPTION TO: NO. 1 OEM COVID-19 UPDATE Page 5 of 6 I. PUBLIC COMMENT: J. DATES TO REMEMBER: 1. CITY COUNCIL AGENDA REVIEW SESSION WEDNESDAY, FEBRUARY 17, 2021 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, FEBRUARY 17, 2021 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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