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City Council

Regular Meeting

New Brunswick, NJ · March 3, 2021

AgendaMinutes

Minutes

MARCH 3, 2021 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON MARCH 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 March 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 Zeledón On motion of Council Member Egan, seconded by Council Member Fleming and carried, the minutes of the previous Council Meetings held on January 6, 2021 were approved and adopted as engrossed. Meeting called to order by Council President Sicora Ludwig with Council Members Anderson, Egan, Escobar, Fleming present via teleconferencing system. PUBLIC HEARING None. INTRODUCTION OF ORDINANCES O-032101 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: EASTON AVENUE 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 March 17, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. O-032102 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.12 – TRAFFIC CONTROL REGULATIONS, SECTION 10.12.160 – SCHEDULE 18, “RIGHT TURN ON RED LIGHT PROHIBITED” RE: HAMILTON STREET AND LOUIS 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 March 17, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. O-032103 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING RE: IMPLEMENTATION OF RE-EXAMINATION RECOMMENDATIONS 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 March 17, 2021 at 5:30P.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 Churchill Corporate Headquarters regarding a complete Statewide Multi- Permit application packet for NJTA Project Number 040E00059. 2. A notice from Riker, Danzig, Scherer, Hyland and Perretti Attorneys at Law regarding the Intention to Commence Action Pursuant to the Environmental Rights Act for 760 Jersey Avenue. 3. A letter from Churchill Consulting Engineers regarding a Statewide Multi-Permit Application for NJTA Maintenance and Repair Activities. 4. A notice from the Federal Communications Commission regarding an updated Section 106 filing from T-Mobile Northeast, LLC located at 119 Livingston Avenue. 5. A letter from PennJersey Environmental Consulting regarding a Remedial Action Protectiveness/Biennial Certification Form for the property located at 70 New Street. 6. A Site Remediation and Waste Management Program form from the New Jersey Department of Environmental Protection for the property at 50 Easton Avenue. 7. A notice of revision and amendment to the Dunellen Downtown Redevelopment Plan from the Borough of Dunellen. 8. An Ordinance to Revise the General Ordinances Supplementing Chapter XXI (21), Zoning to Add Section 21-1102.a – Supplemental Landscape Standards from the Township of Piscataway RESOLUTIONS Public Comment: Mr. Kratovil inquired about R-032106, R-032111, R-032116, R-032117 (pulled), and R-032120. Council President, Mr. Drulis, Ms. Zeledón and Mr. Valenti responded. Ms. Moore inquired on R-032120 and R-032122. Mr. Valenti and Council President responded. Resolutions R-032101 through R-032123 except R-032117 moved by Council Member Egan, seconded by Council Member Fleming and carried were adopted, on consent, by the Municipal Council. Roll Call: Aye: Anderson, Egan, Fleming, Escobar, Sicora Ludwig Nay: Abstain: Motion carried. NEW BUSINESS CP Sicora Ludwig provided an update of a shooting that took place on February 27th. Mr. Joseph Allen of the OEM provided a COVID-19 update stating the transmission rate has decreased, vaccines available by appointments only and free testing is available. Ms. Marge Kerber of 2 Comstock Street thanked Mr. Barber for his assistance and complained about a vehicle not being towed. Mr. Kratovil of Suydam Street mentioned the passing of a resident, asked about the State of the City Address, sanitation workers, snow removal and gun violence. Mr. Moore of Somerset Street asked about window inspections, recycling and Cold Blue. On a motion regularly made, seconded and carried, the meeting adjourned at 6:20 P.M. Leslie R. Zeledón Suzanne Sicora Ludwig City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE MARCH 3, 2021 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, MARCH 3, 2021 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, MARCH 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 (408) 650-3123 and enter access code 176-552-317 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 179-523-1666. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: JANUARY 6, 2021 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-032101 TKS 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: EASTON AVENUE O-032102 CG 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.12 – TRAFFIC CONTROL REGULATIONS, SECTION 10.12.160 – SCHEDULE 18, “RIGHT TURN ON RED LIGHT PROHIBITED” RE: HAMILTON STREET AND LOUIS STREET Page 1 of 5 O-032103 TKS 3 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING RE: IMPLEMENTATION OF RE-EXAMINATION RECOMMENDATIONS G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-032101 TKS 1 APPROVE AGENDA AMENDMENTS R-032102 FIN 2 APPROVE PAYROLL 02/06/21 – 02/19/21 R-032103 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-032104 CG 4 AUTHORIZE LEASE OF COPY MACHINE FOR THE TAX ASSESSOR FROM: RICOH USA, INC. FOR: ONE (1) RICOH MODEL #IMC2500G DIGITAL COPIER NTE: $205.62 PER MONTH COMMENCING APRIL 1, 2021 AND ENDING MARCH 31, 2025 – FORTY-EIGHT (48) MONTH CONTRACT STATE CONTRACT NO. 40467/G-2075-COPIERS, MAINTENANCE AND SUPPLIES R-032105 JC 5 APPROVE AMENDMENT TO RESOLUTION R-022104 REASON: ADDITIONAL AMOUNT OF $933.10 WITH: MCMANIMON, SCOTLAND & BAUMANN, LLC FOR: LEGAL COUNSEL SERVICES FOR HOUSING AND REHABILITATION MATTERS NTE: $933.10 R-032106 TKS 6 AUTHORIZE PAYMENT FOR 911 EMERGENCY COMMUNICATIONS AND RADIO DISPATCHING SERVICES FOR THE POLICE DEPARTMENT WITH: RUTGERS, THE STATE UNIVERSITY TERM: COMMENCING JANUARY 2021 AND ENDING DECEMBER 2021 NTE: $1,001,081.50 R-032107 JC 7 AUTHORIZE APPLICATION, ACCEPTANCE AND EXECUTION OF GRANT FOR FY2022 FOR THE POLICE DEPARTMENT FOR: FY2022 HTS STATE PEDESTRIAN SAFETY ENFORCEMENT AND EDUCATION FUND GRANT R-032108 TKS 8 APPROVE RESOLUTION SUPPORTING THE “EQUALITY ACT” R-032109 JC 9 APPROVE AWARD OF CONTRACT WITH: THE RODGERS GROUP, LLC FOR: POLICE DEPARTMENT ACCREDITATION POLICY MAINTENANCE AND COMPLIANCE TERM: TWELVE (12) MONTH PERIOD COMMENCING MARCH 5, 2021 AND ENDING MARCH 4, 2022 AND THEREAFTER FOR AN ADDITIONAL TWELVE (12) MONTHS SHOULD THE CITY SO DESIRE SPECIFICATION NO.: 897-21RFP NTE: $5,865.00 FAIR AND OPEN Page 2 of 5 R-032110 CG 10 APPROVE AMENDMENT OF RESOLUTION R-032030 REASON: EXTEND CONTRACT FOR AN ADDITIONAL TWELVE (12) MONTHS WITH: ELIJAH’S PROMISE, INC. FOR: FOOD PREPARATION SERVICES FOR THE NEW BRUNSWICK SENIOR CITIZEN RESOURCE CENTER TERM: TWELVE (12) MONTH PERIOD COMMENCING MARCH 5, 2021 AND ENDING MARCH 4, 2022 NTE: $2,500.00 R-032111 CG 11 APPROVE AMENDMENT OF RESOLUTON R-122006 REASON: ADDITIONAL AMOUNT OF $199.00 TO PAY FINAL INVOICE WITH: INSYNC MUNICIPAL SYSTEMS D/B/A FIRST BYTE CORPORATION FOR: 2020 TAX, WATER & SEWER BILLING AND COLLECTION SOFTWARE MAINTENANCE & SUPPORT SERVICES AMOUNT: $199.00 R-032112 JC 12 APPROVE AMENDMENT OF RESOLUTION R-012156 CHANGE ORDER NO. 1 WITH: LUCAS BROTHERS, INC. FOR: 2018 WATER MAIN REPLACEMENTS – PHASE II JOYCE KILMER AVENUE WATER MAIN REPLACEMENT SPECIFICATION NO.: 887-20W AMOUNT: $57,160.00 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-032113 CG 13 APPROVE AWARD OF CONTRACT FOR: TEMPERATURE CONTROL/HVAC MAINTENANCE AND REPAIRS WITH: PETERSON SERVICE COMPANY, INC. TERM: TWELVE (12) MONTH PERIOD COMMENCING MARCH 16, 2021 AND ENDING MARCH 15, 2022, WHICH CAN BE EXTENDED ON A YEARLY BASIS FOR UP TO TWO (2) ADDITIONAL YEARS SPECIFICATION NO.: 903-21P NTE: $84,000.00 R-032114 JC 14 APPROVE AMENDMENT OF RESOLUTION R-022042 CHANGE ORDER NO. 1 WITH: M.S.P. CONSTRUCTION CORPORATION FOR: 2018 WATER MAIN REPLACEMENT PROJECT – PHASE I SPECIFICATION NO.: 813-20W AMOUNT: $88,703.22 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-032115 JC 15 RELEASE OF SITE PERFORMANCE GUARANTEE IN THE AMOUNT OF $11,084.40 AND BALANCE OF SITE INSPECTION FEES OF $1,748.73 TO: COLGATE PAPER STOCK, INC. 12 INDUSTRIAL DRIVE BLOCK 597.03, LOT 1 Page 3 of 5 R-032116 TKS 16 APPROVE PERSON-TO-PERSON AND PLACE-TO-PLACE TRANSFER OF LIQUOR LICENSE (POCKET) LIQUOR LICENSE NO.: 1214-33-078-008 FROM: THASOS ISLAND RESTAURANT, LLC TO: USA 108, LLC R-032117 TKS 17 APPROVE RESOLUTION TO REFER AN AMENDMENT OF THE ZONING ORDINANCE TO THE PLANNING BOARD FOR REVIEW AND REPORT RE: LEGAL RETAIL SALE OF CANNABIS R-032118 CG 18 AUTHORIZE PURCHASE BY HOUSING INSPECTIONS UNDER NEW JERSEY STATE APPROVED CO-OP #65MCESCCPS-THE EDUCATIONAL SERVICES COMMISSION OF NJ PRICING SYSTEM FROM: BEYER FORD, LLC FOR: ONE (1) 2021 FORD EXPLORER WITH OPTIONS NTE: $29,833.25 R-032119 FIN 19 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2021 R-032120 CG 20 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE AND ROAD CLOSURE REQUESTED BY: VERGONA CRANE CO., INC. REASON: SET NEW HVAC EQUIPMENT ON THE ROOF OF ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL ROAD CLOSURE: FRENCH STREET BETWEEN SCOTT STREET AND JOYCE KILMER AVENUE DATES AND TIMES: BEGINNING AT 8:00 PM ON FRIDAY, MARCH 26, 2021 CONTINUING THROUGH 8:00 PM ON SUNDAY, MARCH 28, 2021 ALTERNATE DATES AND TIMES: BEGINNING AT 8:00 PM ON FRIDAY, APRIL 2, 2021 AND CONTINUING THROUGH 8:00 PM ON SUNDAY, APRIL 4, 2021 R-032121 TKS 21 APPROVE AMENDMENT OF RESOLUTION R-051623 REASON: AMEND SCHEDULE OF PAYMENTS FOR PROFESSIONAL SERVICES RENDERED BY MUNICIPALITIES FOR: SCHEDULE OF PAYMENT TO CITY ENGINEER PURSUANT TO MUNICIPAL LAW USE LAW R-032122 JC 22 APPROVE AMENDMENT OF RESOLUTION R-101957 REASON: ADD CERTIFICATION OF FUNDS FOR HOUSING INSPECTIONS IN THE AMOUNT OF $5,000.00 WITH: BEST CLEANING BUILDING SERVICE, INC. FOR: CLEANING OF LOTS SERVICES NTE: $5,000.00 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-032123 TKS 23 AUTHORIZATION TO ACCEPT GRANT FROM COUNTY OF MIDDLESEX FOR: CODE BLUE WARMING CENTER AMOUNT: $90,000.00 Page 4 of 5 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, MARCH 17, 2021 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, MARCH 17, 2021 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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