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City Council

Regular Meeting

New Brunswick, NJ · October 18, 2023

AgendaMinutes

Minutes

OCTOBER 18, 2023 REGULAR MEETING OF THE COUNCIL OF THE CITY OF NEW BRUNSWICK HELD ON OCTOBER 18, 2023 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 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. The City Council met with five (5) voting members of the City Council present. Salute to the Flag.................................................................... Leslie R. Zeledón Pause for a moment of silence for the memory of Willie Weaver who passed away on October 11, 2023. Staff in attendance: Public Information Officer Bert Baron Deputy Clerk Shalon T. Bennett Deputy Director of Human Services Edmund DeVeaux Planning Director Daniel Dominguez City Administrator Michael Drulis Water Department Erick Ekoue Director of Social Services Melanie Ford Assistant City Attorney Charly Gayden Assistant City Administrator Brandon Goldberg Deputy Director of Administration Hasahya Hirya Lieutenant James Hoover Director of Human Community Services Keith Jones II Finance Staff Michael Licameli Finance Director Richard Mulrine Fire Safety Official Victor Ortiz Officer Carlos Gomez City Attorney TK Shamy Director of Engineering and Public Works Thomas Valenti Director of Water Department Alexei Walus City Clerk Leslie R. Zeledón On motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda and carried, the minutes of the previous Council Meeting held on September 6, 2023 were approved and adopted as engrossed. Meeting called to order by Council President Rebecca Escobar with Council Members Anderson, Castaneda, Fleming, and Sicora Ludwig present. Council Vice President Egan and Council Member Gaskins was absent. PUBLIC HEARING O-102301 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING, CHAPTER 17.03 – GENERAL REGULATIONS RE: FENCES AND PALLETS Council President Escobar opened the Public Hearing on the above ordinance. Public Comment: None On a motion of Council member Sicora Ludwig, seconded by Council Member Fleming and carried, the above ordinance was adopted on Final Reading on October 18, 2023. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102302 CAPITAL ORDINANCE PROVIDING FOR VARIOUS GENERAL CAPITAL IMPROVEMENTS AND ACQUISITIONS, IN AND BY THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY; APPROPRIATING $3,100,000 THEREFOR TO PAY FOR THE COST THEREOF Council President Escobar opened the Public Hearing on the above ordinance. Public Comment: Council President asked Mr. Drulis to give an overview of the ordinance. Ms. Moore inquired on the above ordinance. Mr. Drulis responded. On a motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried, the above ordinance was adopted on Final Reading on October 18, 2023. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102303 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE NEW BRUNSWICK LOWER GEORGE II PLAN AREA IN THE CITY OF NEW BRUNSWICK Council President Escobar opened the Public Hearing on the above ordinance. Public Comment: Ms. Moore and Mr. Kratovil inquired on the above ordinance. Mr. Dominguez responded. On a motion of Council Member Sicora Ludwig, seconded by Council Member Fleming, the above ordinance failed on Final Reading on October 18, 2023. Roll Call: Aye: Anderson, Sicora Ludwig, Nay: Castaneda, Escobar Abstain: Fleming Motion carried. INTRODUCTION OF ORDINANCES O-102304 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: 52 WRIGHT PLACE On a motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on November 1, 2023 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102305 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 3, REVENUE AND FINANCE CHAPTER 3.44 – “CANNABIS TAXES” On a motion of Council Member Castaneda, seconded by Council Member Anderson, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on November 1, 2023 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102306 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 5, BUSINESS LICENSES AND REGULATIONS CHAPTER 5.09 – “CANNABIS LICENSING AND REGULATION” On a motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on November 1, 2023 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102307 HELD AT THE REQUEST OF THE CITY ATTORNEY AN ORDINANCE TO AUTHORIZE THE GRANTING OF A RIGHT-OF-WAY AND SKYBRIDGE AERIAL EASEMENT AGREEMENT TO ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, INC. AND RWJ PROPERTY HOLDING CORPORATION, OVER, ON AND ACROSS A PORTION OF THE CITY’S RIGHTS-OF-WAY KNOWN AS SOMERSET STREET AND LITTLE ALBANY STREET RE: RUTGERS CANCER INSTITUTE OF NJ BLOCK 51, LOT 2.01 – SOMERSET STREET BLOCK 24.01, LOT 1.01 – LITTLE ALBANY STREET No action was taken. The Ordinance was held at the request of the City Attorney. O-102308 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, SCHEDULE 22– TRAFFIC CONTROL SIGNALS DELETE: PAUL ROBESON BOULEVARD AND SANDFORD STREET ADD: PAUL ROBESON BOULEVARD AND GEORGES ROAD/SANDFORD STREET; TRAFFIC SIGNAL PLAN – SEPTEMBER 26, 2023 AND TIMING SCHEDULE – SEPTEMBER 26, 2023 On a motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on November 1, 2023 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. O-102309 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, SECTIONS 10.12.060 – SCHEDULE 8-B, “LOADING ZONES” RE: BISHOP PLACE On a motion of Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried, the above ordinance was adopted on first reading and held over for Public Hearing on November 1, 2023 at 5:30P.M. in the Council Chambers in City Hall. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. COMMUNICATIONS 1. A letter from New Jersey Department of Environmental Protection Emergency Management Program Bureau of Communications & Response Services regarding Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 23-10- 09-1044-51. 2. A letter from State of New Jersey Department of Transportation announcing that applications are now being accepted for the New Jersey Department of Transportation (NJDOT) Fiscal Year 2024 Local Freight Impact Fund. 3. A letter from Ay Caramba Restaurant regarding a gathering to celebrate Saint Jude’s day October 28th 2023 at Ay Caramba Restaurant. 4. A notice from LANGAN regarding Receptor Evaluation Form for Ryder Transportation Services Pl#003263. 5. A letter from the “Table of Equalized Valuations” regarding the tax year 2023. 6. A letter from HL Petroleum Co., Inc. regarding Biennial Certification for Remedial Action Permit for 135 George Street. 7. A letter from New Jersey Department of Environmental Protection Contaminated Site Remediation & Redevelopment Program regarding Soil Remedial Action Permit for 72 Lipman Drive. 8. A letter from New Jersey Department of Environmental Protection Contaminated Site Remediation & Redevelopment Program regarding Environmental Action for 135 George Street. 9. A letter from New Jerey Department of Environmental Protection Site Remediation and Waste Management Program regarding Soil Remedial Action for George Street. 10. A letter from State of New Jersey Department of Environmental Protection Division of Sustainable Waste Management regarding a Draft Solid Waste Facility Permit for 986 JERSEY AVE LLC. 11. A Letter from AON regarding the delivery of Certificates of Insurance. 12. A Notification from Edgewood Properties regarding Township or Borough Correspondence. 13. A letter from DELTA Environmental Services regarding Remedial Action Protectiveness/Biennial Certification – Soil at 289 Jersey Avenue. RESOLUTIONS Public Comment: Ms. Moore inquired on R-102336. Lt. Hoover responded. Mr. Kratovil inquired on R-102324, R-102326, R-102330 and R-102337. Council President Escobar, Mr. Drulis, Mr. Dominguez and Mr. Shamy responded. Resolutions R-102321 through R-1023237, moved by Council Member Sicora Ludwig, seconded by Council Member Castaneda, and carried were adopted, on consent, by the Municipal Council. Roll Call: Aye: Anderson, Castaneda, Fleming, Sicora Ludwig, Escobar Nay: Abstain: Motion carried. NEW BUSINESS Council Member Fleming asked that we pray for all the innocent people in the Middle East. Council President Escobar congratulated Capt. Bobadilla for receiving a Community Service Award, congratulated Council Member Gaskins on receiving an award from the PAM organization affiliated with the Center for American Women and Politics, Eagleton Institute at Rutgers and wished the City Administrator, Michael Drulis a Happy Birthday. Keith Jones provided an update on the Code Blue Program including the 2024 Initiative plan with more community outreach and case managers. Council Member Anderson inquired on the Municipal ID program. Council President responded. Danielle Moore spoke on recent robberies on Oxford Street, disagreed on a personal matter involving Britney Richardson, her assistance with handing out Narcan. Tom Runi mentioned he has been a nurse at Robert Wood Johnson Hospital since 1987, asked the council for support for the two bills that were proposed in the state legislation. Josh Shie asked the council to support the state legislation for safe staffing, he mentioned the public health concerns on having limited staff available for patients. Maureen Regan reiterated from the two previous speakers, asking for support of a better nurse to patient ratio. Charlie Kratovil stated-rest in peace to Water Utility employee, Mr. Willie Weaver. Mr. Kratovil asked the council for support on the safe staffing resolution, second chances for the hiring of employees, two shootings that took place the prior week and inquired on public announcements for shootings. Carol Tanzi echoed the nurse’s comments, stated this is a healthcare crisis and how everyone is affected. On a motion regularly made, seconded and carried, the meeting adjourned at 6:47 P.M. Leslie R. Zeledón Rebecca Escobar City Clerk Council President

Agenda

THE FOLLOWING IS THE FINAL AGENDA FOR THE OCTOBER 18, 2023 COUNCIL MEETING. CITY OF NEW BRUNSWICK CITY COUNCIL AGENDA REVIEW SESSION, WEDNESDAY, OCTOBER 18, 2023 @ 5:30 P.M. COUNCIL MEETING, WEDNESDAY, OCTOBER 18, 2023 IMMEDIATELY FOLLOWING AGENDA A. CALL TO ORDER, OPEN PUBLIC MEETING ACT STATEMENT, PLEDGE OF ALLEGIANCE B. APPROVAL OF MINUTES: SEPTEMBER 6, 2023 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-102301 TKS 1 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 17, ZONING, CHAPTER 17.03 – GENERAL REGULATIONS RE: FENCES AND PALLETS O-102302 FIN 2 CAPITAL ORDINANCE PROVIDING FOR VARIOUS GENERAL CAPITAL IMPROVEMENTS AND ACQUISITIONS, IN AND BY THE CITY OF NEW BRUNSWICK, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY; APPROPRIATING $3,100,000 THEREFOR TO PAY FOR THE COST THEREOF O-102303 TKS 3 AN ORDINANCE TO ADOPT THE REDEVELOPMENT PLAN FOR THE NEW BRUNSWICK LOWER GEORGE II PLAN AREA IN THE CITY OF NEW BRUNSWICK F. ORDINANCES FOR DISCUSSION: FIRST READING: ORDINANCE ASSIGNED ITEM DESCRIPTION NO. TO: NO. O-102304 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: 52 WRIGHT PLACE Page 1 of 4 O-102305 TKS 2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 3, REVENUE AND FINANCE CHAPTER 3.44 – “CANNABIS TAXES” O-102306 TKS 3 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF NEW BRUNSWICK, TITLE 5, BUSINESS LICENSES AND REGULATIONS CHAPTER 5.09 – “CANNABIS LICENSING AND REGULATION” O-102307 TKS 4 AN ORDINANCE TO AUTHORIZE THE GRANTING OF A RIGHT-OF- WAY AND SKYBRIDGE AERIAL EASEMENT AGREEMENT TO ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, INC. AND RWJ PROPERTY HOLDING CORPORATION, OVER, ON AND ACROSS A PORTION OF THE CITY’S RIGHTS-OF-WAY KNOWN AS SOMERSET STREET AND LITTLE ALBANY STREET RE: RUTGERS CANCER INSTITUTE OF NJ BLOCK 51, LOT 2.01 – SOMERSET STREET BLOCK 24.01, LOT 1.01 – LITTLE ALBANY STREET O-102308 JC 5 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, SCHEDULE 22– TRAFFIC CONTROL SIGNALS DELETE: PAUL ROBESON BOULEVARD AND SANDFORD STREET ADD: PAUL ROBESON BOULEVARD AND GEORGES ROAD/SANDFORD STREET; TRAFFIC SIGNAL PLAN – SEPTEMBER 26, 2023 AND TIMING SCHEDULE – SEPTEMBER 26, 2023 O-102309 CG 6 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, SECTIONS 10.12.060 – SCHEDULE 8-B, “LOADING ZONES” RE: BISHOP PLACE G. RESOLUTIONS: RESOLUTION ASSIGNED ITEM DESCRIPTION NO. TO: NO. R-102321 TKS 1 APPROVE AGENDA AMENDMENTS R-102322 FIN 2 APPROVE PAYROLL 09/16/23 – 09/29/23 R-102323 FIN 3 AUTHORIZE REFUND FOR REDEEMED TAX SALE CERTIFICATES R-102324 JC 4 APPROVE REQUEST FOR USE OF CITY PROPERTY REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER IN PARTNERSHIP WITH THE ARTS INSTITUTE OF MIDDLESEX COUNTY FOR: MURAL INSTALLATION IN FEASTER PARK ON THE CORNER OF PAUL ROBESON BOULEVARD AND HANDY STREET AND THANK YOU FOR FIRST RESPONDERS DAY (OCTOBER 27, 2023) PARK LOCATION: FEASTER PARK DATE: FRIDAY, OCTOBER 27, 2023 TIME: 8:00 AM – 6:00 PM Page 2 of 4 R-102325 CG 5 APPROVE REQUEST FOR STREET CLOSING REQUESTED BY: NEW BRUNSWICK CULTURAL CENTER FOR: NBCC/ARTS INSTITUTE MURAL INSTALLATION TO BRING AWARENESS TO ZERO TOLERANCE FOR DOMESTIC VIOLENCE IN OUR COMMUNITY LOCATION: DRIFT STREET BETWEEN SUYDAM STREET AND TOWNSEND STREET DATE: FRIDAY, OCTOBER 20, 2023 TIME: 9:00 AM – 5:00 PM POLICE EXTRA DUTY R-102326 JC 6 APPROVE RESOLUTION TO REFER AMENDMENTS FOR THE LAND DEVELOPMENT CODE TO THE PLANNING BOARD FOR REVIEW AND REPORT RE: MINOR SITE PLAN REQUIREMENTS FOR NIGHT CLUBS AND SMOKING LOUNGES R-102327 CG 7 AUTHORIZE PARTICIPATION IN A COOPERATIVE PURCHASING PROGRAM WATER UTILITY WITH: NORTH JERSEY WASTEWATER COOPERATIVE PRICING SYSTEM R-102328 JC 8 APPROVE AWARD OF CONTRACT WITH: EARLE ASPHALT COMPANY FOR: LIVINGSTON AVENUE WATER MAIN UPGRADES SPECIFICATION NO.: 206-23W NTE: $662,813.13 R-102329 FIN 9 RESOLUTION CERTIFYING REVIEW OF THE 2022 ANNUAL AUDIT R-102330 FIN 10 AUTHORIZE CORRECTIVE ACTION PLAN RE: 2022 AUDIT R-102331 JC 11 APPROVE AMENDMENT OF RESOLUTION R-092332 CHANGE ORDER NO. 3 WITH: UNDERGROUND UTILITIES CORP. FOR: HANDY STREET WATER MAINS REPLACEMENT FOR THE WATER UTILITY SPECIFICATION NO.: 922-21W NTE: $218,886.63 APPROVAL OF THIS CHANGE ORDER WILL CONSTITUTE AN INCREASE OF TWENTY (20%) PERCENT OR MORE OF THE AMOUNT OF THE ORIGINAL CONTRACT R-102332 CG 12 APPROVE AWARD OF CONTRACT WITH: BRENT MATERIAL COMPANY FOR: PIPE AND APPURTENANCES FOR THE WATER UTILITY REASON: DUKE AND LOUIS STREETS WATER MAIN REPLACEMENT NTE: $349,038.60 R-102333 FIN 13 AUTHORIZE REFUND TO ASIT GOVIL IN THE TOTAL AMOUNT OF $408.90 DUE TO A UTILITY BILLING ADJUSTMENT ON BLOCK 413, LOT 17.01, 12 LAUREL PLACE R-102334 FIN 14 APPROVE RESOLUTION TO AUTHORIZE RELEASE OF ESCROW TO: E&R ERECTORS, INC. FOR: POLICE EXTRA DUTY AMOUNT: $10,742.50 Page 3 of 4 R-102335 CG 15 APPROVE AWARD OF CONTRACT WITH: AA BERMS, LLC FOR: REPLACE CONCRETE CURBS, SIDEWALKS AND DRIVEWAYS AROUND CITY HALL SPECIFICATION NO.: 980-23 NTE: $111,319.15 R-102336 JC 16 AUTHORIZE APPLICATION, ACCEPTANCE AND EXECUTION OF GRANT STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY FOR: 2023 DRIVE SOBER OR GET PULLED OVER – YEAR END HOLIDAY GRANT R-102337 TKS 17 RESOLUTION OF NEED AND COMMUNITY BENEFIT IN SUPPORT OF 342 MIXED-INCOME UNITS AND COMMERCIAL DEVELOPMENT BY 11 SPRING STREET URBAN RENEWAL, LLC H. ITEMS FOR DISCUSSION BY COUNCIL: ACTION ASSIGNED ITEM DESCRIPTION TO: NO. I. PUBLIC COMMENT: J. DATES TO REMEMBER: 1. CITY COUNCIL AGENDA REVIEW SESSION WEDNESDAY, NOVEMBER 1, 2023 5:30 P.M. 2. CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 1, 2023 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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