City Council

Name: City Council — New Brunswick, NJ
Start: 2021-05-19
End: 2021-05-19
Location: New Brunswick, NJ

Regular Meeting

New Brunswick, NJ · May 19, 2021

Minutes

MAY 19, 2021 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON MAY 19, 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 May 17, 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 March 17, 2021 were approved and adopted as engrossed. Meeting called to order by Council President Sicora Ludwig with Council Members Egan, Escobar, Fleming, Anderson present via teleconferencing system. PUBLIC HEARING None. INTRODUCTION OF ORDINANCES O-052101 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: 75 HASSART 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. O-052102 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 10.12.020 – SCHEDULE 4, “ONE WAY STREETS” RE: HARDENBERG STREET AND DIVISION 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. O-052103 AN ORDINANCE TO AUTHORIZE THE GRANTING OF A PERMANENT EASEMENT FOR SUPPORT OF EXCAVATION (SOIL NAILS) IN A PORTION OF THE RIGHT-OF-WAY OF HARDENBERG STREET, DIVISION STREET AND SOMERSET STREET FOR: RUTGERS CANCER INSTITUTE OF NEW JERSEY AND ASSOCIATED PARKING DECK 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. O-052104 AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. O-052105 AMENDMENT OF TITLE 17, “ZONING” RE: CANNABIS OVERLAY ZONES 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Sicora Ludwig Nay: Abstain: Anderson Motion carried. O-052106 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK TITLE 3, “REVENUE AND FINANCE” AND TO PROVIDE FOR THE AMENDMENT OF SHORT-TERM TAX EXEMPTION 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 June 2 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Egan, Escobar, Fleming, Anderson, Sicora Ludwig Nay: Abstain: Motion carried. COMMUNICATIONS 1. New Brunswick Quarter 1 (2021) Flow and Loading Service Charges from the Middlesex County Utilities Authority. 2. An Ordinance from the Township of Piscataway Prohibiting the Operation of Any Class of Cannabis Businesses within the Township of Piscataway. 3. An Ordinance from the Township of Franklin Permitting the Operation if Any Class of Cannabis Businesses within the Township of Franklin. 4. A letter from Kleinfelder regarding two 10,000-gallon unleaded gasoline USTs, one 8,000-gallon unleaded gasoline USTs and one 6,000-gallon diesel fuel USTs at 34 Route 1. 5. A letter from French Street Urban Renewal Corp regarding a copy of the December 31, 2020 and 2019 Financial Agreement. 6. A letter from the Tax Assessor’s Office regarding an address changes for previously know 122 Quentin Avenue now known as 22 Quentin Avenue. 7. A letter from WICK Companies, LLC. regarding the Site Improvement Performance Bon, Final Site Inspection for 750 Jersey Avenue. RESOLUTIONS Public Comment: R-Mr. Kratovil inquired on R-052134, R-052136, R-052144 and R-052145. CP Sicora Ludwig, City Clerk Zeledón and City Administrator Drulis responded. Ms. Moore inquired on R-052142. Mr. Valenti responded. Ms. Stork inquired on R-052132 and R-052134, Council President responded. Resolutions R-052127 through R-052153, 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 OEM Coordinator Robert Rawls provided an OEM COVID-19 report including appointments available for vaccines and testing. Council President spoke about the ground breaking for the Lincoln Annex School which will be named The Blanquita B. Valenti Community School. CP Sicora Ludwig congratulated Rutgers’ teams on their winnings and mention the hard work of the Police Department with investigating shootings. CP also mentioned the date of the budget hearing which took place on November 23 via teleconferencing system. CM Anderson thanked the New Brunswick Board of Education for the naming of the school and advised the importance of firepits. CM Fleming wished everyone a blessed Memorial Day. Edward Grimes from East Hanover inquired on the Cannabis Ordinance. Hue Giordano spoke in support of the Cannabis Ordinance. Mr. Kratovil spoke about shootings that took place in Somerset and New Brunswick, as well as his litigation. Ms. Moore spoke about council terms, crossing guards, accidents, drug use and COVID cases. Marina Rudman spoke in support of medical marijuana. Ms. Stork spoke about the vaccination rate and police personnel. On a motion regularly made, seconded and carried, the meeting adjourned at 6:39 P.M. Leslie R. Zeledón Suzanne Sicora Ludwig City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE MAY 19, 2021 CITY COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, MAY 19, 2021 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, MAY 19, 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 550-577-253 or you may phone-in by dialing 1 (617) 315-0704 and enter access code 179-183-0912. A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: MARCH 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. F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-052101 CG 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: 75 HASSART STREET O-052102 JC 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 10.12.020 – SCHEDULE 4, “ONE WAY STREETS” RE: HARDENBERG STREET AND DIVISION STREET Page 1 of 6 O-052103 TKS 3 AN ORDINANCE TO AUTHORIZE THE GRANTING OF A PERMANENT EASEMENT FOR SUPPORT OF EXCAVATION (SOIL NAILS) IN A PORTION OF THE RIGHT-OF-WAY OF HARDENBERG STREET, DIVISION STREET AND SOMERSET STREET FOR: RUTGERS CANCER INSTITUTE OF NEW JERSEY AND ASSOCIATED PARKING DECK O-052104 FIN 4 AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK O-052105 TKS 5 AMENDMENT OF TITLE 17, “ZONING” RE: CANNABIS OVERLAY ZONES O-052106 TKS 6 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK TITLE 3, “REVENUE AND FINANCE” AND TO PROVIDE FOR THE AMENDMENT OF SHORT-TERM TAX EXEMPTION G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-052127 TKS 1 APPROVE AGENDA AMENDMENTS R-052128 FIN 2 APPROVE PAYROLL 05/01/21 – 05/14/21 R-052129 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-052130 CG 4 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER, INC. AND THE ARTS INSTITUTE OF MIDDLESEX COUNTY LOCATION: MONUMENT SQUARE PARK FOR: FIRST FRIDAYS AT MONUMENT SQUARE PARK DATES: FRIDAYS – JUNE 4, 2021, AUGUST 6,2021, OCTOBER 1,2021, NOVEMBER 5, 2021 & DECEMBER 3, 2021 TIME: 2:00 PM – 6:00 PM R-052131 CG 5 APPROVE AUTHORIZATION TO ADVERTISE FOR: REMSEN AVENUE WATER MAIN UPGRADE SPECIFICATION NO.: 924-21W R-052132 JC 6 APPROVE AMENDMENT OF RESOLUTION R-122067 REASON: ADDITIONAL AMOUNT OF $60,000.00 FOR THE ADMINISTRATION DEPARTMENT WITH: INSYNC MUNICIPAL SYSTEMS D/B/A FIRST BYTE CORPORATION FOR: MAINTENANCE AND SUPPORT OF CITY SOFTWARE SPECIFICATION NO.: 884-20RFP AMOUNT: $60,000.00 R-052133 FIN 7 APPROVE EMERGENCY TEMPORARY APPROPRIATIONS FOR 2021 Page 2 of 6 R-052134 TKS 8 AUTHORIZE PROFESSIONAL SERVICE AGREEMENT WITH: HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP FOR: REPRESENTATION IN THE MATTER OF KRATOVIL V. CITY OF NEW BRUNSWICK, ET AL. (DOCKET NO. MID-L-2005-21) NTE: $15,000.00 R-052135 JC 9 APPROVE AWARD OF CONTRACT WITH: GARDEN STATE LABORATORIES, INC. FOR: LABORATORY ANALYSIS FOR THE WATER UTILITY TERM: TWELVE (12) MONTH PERIOD COMMENCING MAY 21, 2021 AND ENDING MAY 20, 2022 SPECIFICATION NO.: 905-21RFP NTE: $24,000.00 FAIR AND OPEN R-052136 TKS 10 APPROVE TITLE 39 AGREEMENT BETWEEN SEARS/TF-NB-NJ, LLC/ESL AND THE CITY OF NEW BRUNSWICK FOR: NEW BRUNSWICK POLICE DEPARTMENT’S ENFORCEMENT OF MOTOR VEHICLE AND TRAFFIC REGULATIONS LOCATION: 45 US HIGHWAY 1 BLOCK 710, LOT 7.04 R-052137 JC 11 APPROVE AWARD OF CONTRACT WITH: DIACO CONTRACTING, INC., D/B/A GRADE CONSTRUCTION FOR: JOYCE KILMER AVENUE PHASE II IMPROVEMENTS SPECIFICATION NO.: 945-21 NTE: $617,511.01 R-052138 CG 12 APPROVE REQUEST FOR USE OF CITY PROPERTY AND STREET CLOSING REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER, INC. FOR: CREATION OF CHALK ART MURAL FOR JUNETEENTH LOCATION: MONUMENT SQUARE PARK STREET LOCATION: INTERSECTION OF LIBERTY STREET/GEORGE STREET/LIVINGSTON AVENUE DATES: WEDNESDAY, JUNE 16, 2021 AND THURSDAY, JUNE 17, 2021 TIME: 10:00 AM – 5:00 PM POLICE EXTRA DUTY R-052139 JC 13 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER, INC. FOR: JUNETEENTH CELEBRATION WITH COUNTY NAACP BRANCHES LOCATION: MONUMENT SQUARE PARK DATE: THURSDAY, JUNE 17, 2021 TIME: 3:00 PM – 4:00 PM R-052140 CG 14 APPROVE REQUEST FOR STREET CLOSING REQUESTED BY: THE HELDRICH HOTEL FOR: BARAAT – RELIGIOUS INDIAN WEDDING CEREMONY “GROOM’S ARRIVAL” TO THE EVENT AT THE HELDRICH HOTEL IN A PROCESSION WITH A HORSE LOCATION: LIVINGSTON AVENUE (FROM CORNER OF NEW STREET AND LIVINGSTON AVENUE) DATE: SUNDAY, MAY 30, 2021 TIME: 10:00 AM – 10:30 AM POLICE EXTRA DUTY Page 3 of 6 R-052141 JC 15 APPROVE REQUEST FOR USE OF CITY PROPERTY AND STREET CLOSING REQUESTED BY: CROSSROADS THEATRE COMPANY FOR: 1ST YEAR ANNIVERSARY – CANDLELIGHT VIGIL TO HONOR MR. GEORGE FLOYD IN FRONT OF THE NEW BRUNSWICK PERFORMING ARTS CENTER (NBPAC) LOCATION: MONUMENT SQUARE PARK STREET LOCATION: LIVINGSTON AVENUE CLOSED BETWEEN NEW STREET AND GEORGE STREET (ONE SIDE TO REMAIN OPEN FOR HELDRICH HOTEL VEHICULAR TRAFFIC) DATE: TUESDAY, MAY 25, 2021 TIME: 6:00 PM – 8:30 PM R-052142 TKS 16 APPROVE TEMPORARY PARTIAL STREET CLOSURE OF BALDWIN STREET BETWEEN FRENCH STREET AND JERSEY AVENUE REASON: WAR MEMORIAL PARK IMPROVEMENT PROJECT TERM: MAY 24, 2021 THROUGH DECEMBER 1, 2021 R-052143 JC 17 APPROVE RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE OF GRANT WITH: NATIONAL ENVIRONMENTAL EDUCATION FOUNDATION (NEEF) FOR: GRANT FOR POLLINATOR GARDEN AT BUCCLEUCH PARK GRANT AMOUNT: $2,500.00 R-052144 TKS 18 RESOLUTION TO ACCEPT BID FOR HOTEL/MOTEL EXCEPTION LICENSE AS PROVIDED BY N.J.S.A. 33:1-12.20 PURSUANT TO N.J.S.A. 33:1-19.3 ET SEQ. TO: N. B. HOTEL GROUP LLC R-052145 TKS 19 APPROVE AMENDMENT OF RESOLUTION R-032116 REASON: APPROVE PERSON-TO-PERSON TRANSFER OF LIQUOR LICENSE (POCKET) LIQUOR LICENSE NO.: 1214-33-078-008 FROM: THASOS ISLAND RESTAURANT, LLC TO: USA 108, LLC R-052146 CG 20 APPROVE AMENDMENT OF RESOLUTION R-052026 REASON: EXTEND CONTRACT FOR ONE ADDITIONAL YEAR TERM: TWELVE (12) MONTH PERIOD COMMENCING JUNE 1, 2021 AND ENDING MAY 31, 2022 WITH: NORTHEASTERN BENEFIT SERVICES, LLC FOR: INSURANCE BROKERAGE SERVICES (DENTAL) R-052147 JC 21 APPROVE AMENDMENT OF RESOLUTION R-022114 REASON: EXTEND CONTRACTS FOR ONE (1) ADDITIONAL YEAR FOR: CONTAMINANTS ANALYSIS FOR THE WATER UTILITY WITH: EUROFINS LANCASTER LABORATORIES ENVIRONMENTAL, LLC PACE ANALYTICAL SERVICES, LLC AGRA ENVIRONMENTAL, INC. D/B/A AGRA ANALYTICAL SERVICES, INC. TERM: TWELVE (12) MONTH PERIOD COMMENCING MAY 21, 2021 AND ENDING MAY 20, 2022 SPECIFICATION NO.: 830-20RFP NTE: $36,500.00 FAIR AND OPEN Page 4 of 6 R-052148 CG 22 AUTHORIZE LEASE OF COPY MACHINE FOR THE FINANCE DEPARTMENT FROM: RICOH USA, INC. FOR: ONE (1) RICOH MODEL #MP3555SPG DIGITAL COPIER NTE: $151.56 PER MONTH BEGINNING JULY 1, 2021 AND ENDING JUNE 30, 2025 – FORTY-EIGHT (48) MONTH CONTRACT STATE CONTRACT #40467/G-2075-COPIERS, MAINTENANCE & SUPPLIES R-052149 JC 23 APPROVE AMENDMENT OF RESOLUTION R-062017 CHANGE ORDER NO. 1 – FINAL - CREDIT WITH: JOHN CUNHA, D/B/A J.C. CONTRACTING, INC. FOR: LOUIS & HAMILTON STREET TRAFFIC SIGNAL REPLACEMENT SPECIFICATION NO.: 936-20 CREDIT AMOUNT: $8,676.90 APPROVAL OF THIS CHANGE ORDER WILL NOT CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-052150 FIN 24 RESOLUTION TO ANTICIPATE MISCELLANEOUS REVENUES IN THE 2021 BUDGET USING THE THREE-YEAR AVERAGE OF REALIZED REVENUES FROM THE PRIOR THREE YEARS R-052151 FIN 25 RESOLUTION COMPUTING 2021 RESERVE FOR UNCOLLECTED TAXES PURSUANT TO N.J.S.A. 40A:4-41c(2) R-052152 CG 26 APPROVE RELAXATION OF THE CITY NOISE ORDINANCE REQUESTED BY: LANGAN ENGINEERING REASON: WEEKEND WORK TO SUPPORT THE RENOVATION OF THE STATE THEATRE DATES: SATURDAYS AND SUNDAYS – MAY 22, 2021 THROUGH AUGUST 29, 2021 TIME: 8:00 AM – 5:00 PM R-052153 FIN 27 CITY OF NEW BRUNSWICK 2021 MUNICIPAL BUDGET INTRODUCTION: WEDNESDAY, MAY 19, 2021 PUBLIC HEARING: WEDNESDAY, JULY 7, 2021 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, JUNE 2, 2021 5:30 P.M. Page 5 of 6 2. CITY COUNCIL MEETING WEDNESDAY, JUNE 2, 2021 IMMEDIATELY FOLLOWING AGENDA REVIEW SESSION PREPARED AND EDITED BY: DEPARTMENT OF LAW - KAREN B. CIPOT-a www.cityofnewbrunswick.org Page 6 of 6

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