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City Council

Regular Meeting

New Brunswick, NJ · April 21, 2021

AgendaMinutes

Minutes

APRIL 21, 2021 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON APRIL 21, 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 April 19, 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 four 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 February 17, 2021 were approved and adopted as engrossed. Meeting called to order by Council President Sicora Ludwig with Council Members Anderson, Egan, Fleming present via teleconferencing system. PUBLIC HEARING O-042101 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 16.24.270A – STORMWATER CONTROL 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. 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 April 21, 2021. Roll Call: Aye: Egan, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. INTRODUCTION OF ORDINANCES O-042102 AN ORDINANCE TO AUTHORIZE VACATION OF A PORTION OF DUKE STREET IN THE CITY OF NEW BRUNSWICK On a motion of Council Member Anderson, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on May 5, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Sicora Ludwig Nay: Abstain: Motion carried. O-042103 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE JERSEY HANDY REDEVELOPMENT AREA IN THE CITY OF NEW BRUNSWICK On a motion of Council Member Anderson, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on May 5, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Sicora Ludwig Nay: Abstain: Motion carried. O-042104 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE SANDFORD REMSEN REDEVELOPMENT AREA IN THE CITY OF NEW BRUNSWICK On a motion of Council Member Anderson, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on May 5, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Sicora Ludwig Nay: Abstain: Motion carried. O-042105 BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER SYSTEM BY AND IN THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY; APPROPRIATING $16,000,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $16,000,000 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF On a motion of Council Member Anderson, seconded by Council Member Fleming, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on May 5, 2021 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Egan, Fleming, Sicora Ludwig Nay: Abstain: Motion carried. COMMUNICATIONS 1. A notice of intent from the New Jersey Transit Corporation regarding the Federal Financial Assistance Program for the Fiscal Year 2021 2. A Notification of Suspected Hazardous Substance Discharge from the New Jersey Department of Environmental Protection at 1 Squibb Drive, 192 Lawrence and 70 Louis Street. 3. Two City Council Contact Form submissions from Rafael Augusto. 4. A Notice to Public Service Electric and Gas Company Customers regarding a Petition of Public Service Electric and Gas Company for Approval of the Next Phase of the Gas System Modernization Program. 5. A Notice to Public Service Electric and Gas Company Customers regarding a Petition of Public Service Electric and Gas Company for Approval of Changes in its Electric and Gas Societal Benefits Charge. 6. A letter from Gary C. Zeitz, LLC Attorneys at Law regarding Tax Sale Certificate Liens against the property located at 136 Remsen Avenue. RESOLUTIONS Public Comment: Mr. Moragy commented on R-042144. Council President responded. Mr. Kratovil asked about R-042126, R-042127, R-042136 and R-042140. Council President and Mr. Miller responded. Ms. Moore asked about R-042129 and R-042138. Council President, Mr. Walus and Mr. Miller responded. Ms. Stork inquired about R-042126 and R-042143. Mr. Walus responded. Resolutions R-042123 through R-042145 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, Sicora Ludwig Nay: Abstain: Motion carried. NEW BUSINESS Council President thanked John and Kelsey of Archangel Raphaels Mission for their services in the community and the City Market. Council member Anderson congratulated the wresting team and thanked the City Clerk’s office for their hard work during the School Board Election. Director Rawls provided a COVID 19 Report providing information on vaccine availability, testing and locations. Mr. El Moragy thanked the Council for approving resolution R-042144. Mr. Kratovil of Suydam Street gave condolences to Mr. DelFino Aparcio Lopez and requested information on shootings. Deputy Director Miller responded. Ms. Moore of 333 Somerset Street asked about the Planning Board meeting and spoke about police officers, a liquor store and the proposed school. Ms. Stork of 2 Park Blvd., asked about gun violence, the Cancer Institute and the City neighborhoods. On a motion regularly made, seconded and carried, the meeting adjourned at 6:35 P.M. Leslie R. Zeledón Suzanne Sicora Ludwig City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE APRIL 21, 2021 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, APRIL 21, 2021 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, APRIL 21, 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 502-656-053 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 179-063-8243. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: FEBRUARY 17, 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-042101 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 16.24.270A – STORMWATER CONTROL F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-042102 TKS 1 AN ORDINANCE TO AUTHORIZE VACATION OF A PORTION OF DUKE STREET IN THE CITY OF NEW BRUNSWICK O-042103 TKS 2 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE JERSEY HANDY REDEVELOPMENT AREA IN THE CITY OF NEW BRUNSWICK O-042104 TKS 3 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE SANDFORD REMSEN REDEVELOPMENT AREA IN THE CITY OF NEW BRUNSWICK Page 1 of 4 O-042105 FIN 4 BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER SYSTEM BY AND IN THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY; APPROPRIATING $16,000,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $16,000,000 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-042123 TKS 1 APPROVE AGENDA AMENDMENTS R-042124 FIN 2 APPROVE PAYROLL 04/03/21 – 04/16/21 R-042125 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-042126 JC 4 AUTHORIZE APPLICATION AND ACCEPTANCE OF GRANT STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL FOR: SFY21 BODY-WORN CAMERA GRANT PROGRAM R-042127 TKS 5 ADVICE AND CONSENT TO RENT CONTROL BOARD RE-APPOINTMENT NAME: MARIE CATANESE – REGULAR MEMBER EXPIRES: DECEMBER 31, 2023 (3-YEAR) R-042128 CG 6 APPROVE AUTHORIZATION TO ADVERTISE FOR: WATER MAIN VALVE EXERCISING PROGRAM SPECIFICATION NO.: 913-21W R-042129 FIN 7 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2021 R-042130 CG 8 APPROVE AWARD OF CONTRACT WITH: BARBATO NURSERY CORP. FOR: FURNISH AND DELIVER TREES FOR SPRING TREE PLANTING PROGRAM FOR THE DEPARTMENT OF PARKS & SHADE TREES SPECIFICATION NO.: 911-21P NTE: $9,881.00 R-042131 JC 9 AUTHORIZE PURCHASE BY POLICE DEPARTMENT UNDER NEW JERSEY START CONTRACT 17-FLEET-00721/T-0106-LAW ENFORCEMENT FIREARMS EQUIPMENT AND SUPPLIES FROM: EAGLE POINT GUN/TJ MORRIS & SON FOR: PURCHASE OF AMMUNITION NTE: $18,900.75 R-042132 CG 10 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER, INC. LOCATION: BOYD PARK FOR: EARTH DAY TRASH CLEAN UP AT BOYD PARK DATE: SATURDAY, APRIL 24, 2021 TIME: 10:00 AM – 2:00 PM Page 2 of 4 R-042133 JC 11 AUTHORIZE PURCHASE BY POLICE DEPARTMENT UNDER NEW JERSEY START CONTRACT 85943/T-1776 – DATA COMMUNICATIONS NETWORK SERVICES FROM: VERIZON BUSINESS NETWORK SERVICES, INC. FOR: PRIVATE DATA LINE SERVICE TERM: APRIL 1, 2021 – FEBRUARY 10, 2022 NTE: $24,123.00 NUNC PRO TUNC R-042134 JC 12 APPROVE AWARD OF CONTRACT WITH: ENVIROLUTIONS, LLC FOR: FURNISH AND DELIVER MEMBRANE MODULES FOR THE POTABLE WATER FILTRATION SYSTEM SPECIFICATION NO.: 904-21W NTE: $432,803.40 R-042135 CG 13 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE REQUESTED BY: CLUTCH CONCRETE, LLC REASON: PERFORM CURB AND SIDEWALK REPAIRS ON 116 AND 118 NEW STREET DATE: SATURDAY, APRIL 24, 2021 ALTERNATE DATES: SATURDAYS, MAY 1, 2021 & MAY 8, 2021 HOURS: 8:00 AM – 5:00 PM R-042136 JC 14 APPROVE SUBMISSION OF RECYCLING ENHANCEMENT GRANT (REG) APPLICATION WITH: MIDDLESEX COUNTY DIVISION OF SOLID WASTE MANAGEMENT FOR: SECURITY CAMERAS TO PREVENT ILLEGAL DUMPING AMOUNT: $7,500.00 R-042137 CG 15 APPROVE AMENDMENT OF RESOLUTION R-122075 REASON: ADDITIONAL AMOUNT OF $14,843.62 WITH: MOTT MACDONALD GROUP, INC. D/B/A MOTT MACDONALD, LLC FOR: ENGINEERING SERVICES FOR 2018 WATER MAIN REPLACEMENTS FOR THE WATER UTILITY NTE: $14,843.62 R-042138 CG 16 APPROVE AUTHORIZATION TO ADVERTISE FOR: 2018 WATER MAIN REPLACEMENTS – LIVINGSTON AVENUE SPECIFICATION NO.: 920-21W R-042139 FIN 17 AUTHORIZE TRANSFERS ON SEVERAL TAX AND UTILITY ACCOUNTS R-042140 TKS 18 APPROVE RESOLUTION TO REFER AN AMENDMENT OF THE ZONING ORDINANCE TO THE PLANNING BOARD FOR REVIEW AND REPORT RE: ZONING FOR CANNABIS BUSINESSES R-042141 JC 19 APPROVE AWARD OF CONTRACT WITH: HARRY E. SMITH, III D/B/A CERTIFIED HEALTH AND SAFETY SERVICES, LLC FOR: SAFETY CONSULTANT AND TRAINER FOR THE WATER UTILITY TERM: TWELVE (12) MONTH PERIOD COMMENCING APRIL 22, 2021 AND ENDING APRIL 21, 2022 SPECIFICATION NO.: 901-21RFP NTE: $7,554.00 FAIR AND OPEN Page 3 of 4 R-042142 TKS 20 AUTHORIZE ACCESS AND USE AGREEMENT WITH: RUTGERS COOPERATIVE EXTENSION FOR: NEW BRUNSWICK COMMUNITY GARDEN PROGRAM (RECREATION PARK) R-042143 CG 21 APPROVE AMENDMENT OF RESOLUTION R-122027 REASON: ADDITIONAL AMOUNT OF $709,002.56 WITH: MONTANA CONSTRUCTION CORP., INC. FOR: EQUIPMENT AND LABOR SPECIFICATION NO.: 860-20P AMOUNT: $709,002.56 APPROVAL OF THIS CHANGE ORDER WILL CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE ORIGINAL CONTRACT R-042144 TKS 22 AUTHORIZE UTILIZATION OF PUBLIC RIGHT-OF-WAY TO: ARCHANGEL RAPHAELS MISSION (ARM) FOR: MOBILE SHOWERING SERVICES FOR THE UNDERSERVED COMMUNITY LOCATION: ABEEL STREET AT ELIJAH’S WAY TERM: MAY 1, 2021 – OCTOBER 31, 2021 R-042145 JC 23 AUTHORIZE AGREEMENT WITH: MIDDLESEX COUNTY IMPROVEMENT AUTHORITY (MCIA) FOR: POOLED CAPITAL EQUIPMENT AND IMPROVEMENT FINANCING PROGRAM FOR COUNTY MUNICIPALITIES 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, MAY 5, 2021 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, MAY 5, 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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