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City Council

Regular Meeting

New Brunswick, NJ · March 17, 2021

AgendaMinutes

Minutes

MARCH 17, 2021 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON MARCH 17, 2021 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 March 15, 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 Fleming, seconded by Council Member Escobar and carried, the minutes of the previous Council Meetings held on January 20, 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 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 Council President Sicora Ludwig opened the Public Hearing on the above ordinance. Public Comment: Mr. Kratovil and Ms. Moore inquired on the above ordinance. Mr. Drulis and Council President responded. On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on March 17, 2021. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, 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 Council President Sicora Ludwig opened the Public Hearing on the above ordinance. Public Comment: Ms. Moore and Ms. Stork inquired on the above ordinance. Mr. Valenti responded. On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on March 17, 2021. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, 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 Council President Sicora Ludwig opened the Public Hearing on the above ordinance. Public Comment: Mr. Kratovil inquired on the above ordinance. Mr. Dominguez responded. On a motion of Council Member Egan, seconded by Council Member Fleming, and carried, the above ordinance was adopted on Final Reading on March 17, 2021. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. INTRODUCTION OF ORDINANCES O-032104 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.20 – HANDICAPPED PARKING, SECTION 10.20.010 – SCHEDULE 39 – “PARKING ZONES FOR HANDICAPPED PERSONS” ADD: 238 TALMADGE STREET DELETE: 238 TALMADGE STREET 7 LUFBERRY 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 April 7, 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 the Middlesex County Board of Taxation regarding Resolution #R2021-01. 2. A Change of Meeting Location Notice from the City of New Brunswick’s Zoning Board of Adjustment. 3. A Notice of Hearing from the City of New Brunswick Zoning Board of Adjustment regarding the Dialysis Clinic, Inc. located at multiple locations. 4. An email from the Department of Environmental Protection regarding a Suspected Hazardous Substance Discharge Notification at 236 Delavan Street. 5. A letter from the State of New Jersey Department of Alcoholic Beverage Control regarding a Notice of Charges against Bar Rood Boys t/a Mikes Courtside Sports Bar and Grill and Court Tavern, LLC t/a Court Tavern. 6. An application from Mott Macdonald regarding the New Jersey Department of Environmental Protection Site Remediation and Waste Management Program for Railroad Avenue and Lawrence Street. 7. A letter from DiFrancesco Bateman, Kunzman, Davis, Lehrer & Flaum, P.C. regarding New Brunswick Plating, Inc. v. City of New Brunswick. 8. A letter from Dynamic Engineering Consultants, PC regarding a copy of a NJDEP Application Package for a Flood Hazard Area Verification and Individual Permit Application at 90, 100, 120 and 200 Jersey Avenue. RESOLUTIONS Public Comment: Mr. Kratovil questioned R-032131, R-032132, R-032134, R-032136 and R-032141. Council President, Mr. Walus and Deputy Director Miller responded. Ms. Moore inquired about R-032129, R-032136 and R-032138. Mr. Walus and Mr. Valenti responded. Ms. Stork inquired about R-032132 and R-032139. Deputy Director Miller and Mr. Mulrine responded. Resolutions R-032124 through R-032141 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 sent out prayers to Mr. Simms and his family, provided an update of concerns from the previous meeting and spoke about the Rutgers Men’s Basketball team. CM Anderson, CM Egan, CVP Escobar, gave condolences to the Valenti family for the passing of Ms. Blanquita B. Valenti, who was a public servant of the City of New Brunswick, a past member of the Council, Board of Education, and the Board of Chosen Freeholders, who be missed. Sgt. Lemmerling provided a COVID- 19 update, provided locations available for testing and vaccinations. Ms. Araceli Gonzalez of 5401 North Oaks Blvd., North Brunswick and Ms. Jennifer Garcia of 115 Remsen Avenue asked about the reduction of poll locations for the School Board Election, Ms. Zeledón responded. Mr. Kratovil of Suydam St. spoke on his concerns of the reduction of polling locations, a possible hire of the fire department and the salary of a city employee. Ms. Kerber of 2 Comstock Street spoke on the reduction of polling locations. Ms. Moore of 333 Somerset Street said condolences for the Simms and Valenti family. Ms. Moore also spoke about street cleaning/ recycling. Ms. Stork of Park Blvd. and Mr. Rivera of 119 Livingston Avenue inquired about the reduction of polling locations, Ms. Zeledón responded. On a motion regularly made, seconded and carried, the meeting adjourned at 7:00 P.M. Leslie R. Zeledón Suzanne Sicora Ludwig City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE MARCH 17, 2021 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, MARCH 17, 2021 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, MARCH 17, 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 (872) 240-3212 and enter access code 260-725-117 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 179-716-3953. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: JANUARY 20, 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. 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 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 Page 1 of 4 F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-032104 JC 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 10, VEHICLES AND TRAFFIC, CHAPTER 10.20 – HANDICAPPED PARKING, SECTION 10.20.010 – SCHEDULE 39 – “PARKING ZONES FOR HANDICAPPED PERSONS” ADD: 238 TALMADGE STREET DELETE: 238 TALMADGE STREET 7 LUFBERRY AVENUE G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-032124 TKS 1 APPROVE AGENDA AMENDMENTS R-032125 FIN 2 APPROVE PAYROLL 02/20/21 – 03/05/21 R-032126 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-032127 FIN 4 AUTHORIZE TAX COLLECTOR TO TRANSFER SEVERAL TAX AND UTILITY OVERPAYMENTS R-032128 JC 5 APPROVE AMENDMENT OF RESOLUTION R-012042 REASON: TO PAY AN ADDITIONAL $1,000.00 IN OUTSTANDING INVOICES WITH: DIFRANCESCO, BATEMAN, KUNZMAN, DAVIS, LEHRER, & FLAUM, P.C. FOR: 2020 SPECIAL COUNSEL FOR TAX APPEALS (CONFLICT) – DIVISION OF ASSESSMENTS FROM: $12,500.00 TO: $13,500.00 R-032129 CG 6 APPROVE AUTHORIZATION TO ADVERTISE FOR: LIVINGSTON AVENUE AND HANDY STREET WATER MAIN REPLACEMENT SPECIFICATION NO.: 908-21W R-032130 FIN 7 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2021 R-032131 TKS 8 APPROVE RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEW BRUNSWICK POLICE DEPARTMENT AND THE MIDDLESEX COUNTY PROSECUTOR’S OFFICE FOR: SPECIALIZED INVESTIGATIVE LAW ENFORCEMENT EQUIPMENT Page 2 of 4 R-032132 JC 9 AUTHORIZE PURCHASE BY POLICE DEPARTMENT UNDER NJ START CONTRACT T-0109/83921 - RADIO COMMUNICATION EQUIPMENT AND ACCESSORIES FROM: MICRO STRATEGIES, INC. FOR: SOFTWARE – SPLUNK CLOUD SUBSCRIPTION TERM: ONE (1) YEAR PERIOD COMMENCING MAY 2, 2021 AND ENDING MAY 1, 2022 NTE: $8,100.00 R-032133 CG 10 APPROVE AMENDMENT OF RESOLUTION R-022148 REASON: NEW DATES APPROVE RELAXATION OF THE CITY NOISE ORDINANCE AND ROAD CLOSURE REQUESTED BY: MAXIM CRANE WORKS REASON: TO REPLACE AN EMERGENCY BACK-UP GENERATOR ON THE ROOFTOP OF THE MIDDLESEX COUNTY ADMINISTRATION BUILDING LOCATED AT 75 BAYARD STREET ROAD CLOSURE: KIRKPATRICK STREET FROM BAYARD STREET TO PATERSON STREET NEW DATE: SATURDAY, MARCH 20, 2021 ALTERNATE DATE: SATURDAY, MARCH 27, 2021 HOURS: 7:30 AM – 3:30 PM R-032134 JC 11 APPROVE AWARD OF CONTRACT WITH: CORE & MAIN, LP FOR: FURNISH AND DELIVER COLD WATER METERS, METER TRANSCEIVER UNITS (MXU) AND ACCESSORIES SPECIFICATION NO.: 906-21W NTE: $500,000.00 R-032135 CG 12 APPROVE AMENDMENT OF RESOLUTION R-092013 CHANGE ORDER NO. 1 – FINAL WITH: PILLARI BROS. CONSTRUCTION CORP. FOR: COLLEGE AVENUE PUMP STATION FORCE MAIN REPLACEMENT SPECIFICATION NO.: 943-20 CREDIT AMOUNT: $3,716.50 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-032136 JC 13 AUTHORIZE PURCHASE BY POLICE DEPARTMENT UNDER CRANFORD POLICE COOPERATIVE PRICING SYSTEM, SYSTEM IDENTIFIER 47-CPCPS FROM: BEYER FORD, LLC FOR: ONE (1) 2020 POLICE INTERCEPTOR SUV WITH OPTIONS NTE: $36,068.75 R-032137 CG 14 APPROVE AMENDMENT TO RESOLUTION R-102044 CHANGE ORDER NO. 1 WITH: JOHN GARCIA CONSTRUCTION CO., INC. FOR: JERSEY AVENUE WATER MAIN UPGRADE FOR THE WATER UTILITY SPECIFICATION NO.: 863-20W AMOUNT: $22,117.24 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT Page 3 of 4 R-032138 TKS 15 APPROVE AWARD OF CONTRACT WITH: BRIGHT VIEW ENGINEERING FOR: TRAFFIC ENGINEERING SERVICES – SIGNAL UPGRADE AT SANDFORD STREET AND REMSEN AVENUE SPECIFICATION NO.: 948-21RFP NTE: $15,000.00 FAIR AND OPEN R-032139 CG 16 APPROVE AWARDS OF CONTRACT FOR: FURNISH AND DELIVER REPAIR CLAMPS AND ACCESSORIES FOR THE WATER UTILITY WITH: FERGUSON US HOLDINGS, INC. D/B/A FERGUSON ENTERPRISES, LLC CORE & MAIN, LP TERM: TWELVE (12) MONTH PERIOD COMMENCING MARCH 28, 2021 AND ENDING MARCH 27, 2022 SPECIFICATION NO.: 896-21W NTE: $60,000.00 R-032140 TKS 17 APPROVE AWARD OF CONTRACT WITH: FILMTEC CORPORATION FOR: MAINTENANCE AND SUPPORT FOR THE MEMCOR MEMBRANE FILTRATION SYSTEM FOR THE WATER UTILITY TERM: TWELVE (12) MONTH PERIOD COMMENCING MARCH 28, 2021 AND ENDING MARCH 27, 2022 SPECIFICATION NO.: 899-21RFP NTE: $20,200.00 FAIR AND OPEN R-032141 JC 18 AUTHORIZE RENEWAL OF AGREEMENT WITH: COUNTY OF MIDDLESEX FOR: BASIC LIFE SUPPORT PROGRAMS FOR 2021 AMOUNT TO BE RECEIVED: $53,000.00 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, APRIL 7, 2021 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, APRIL 7, 2021 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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