As of 12/11/2008 11:18 AM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
December 17, 2008

REQUESTS TO ADDRESS THE COUNCIL

RA-1 From KATHLEEN HENDERSON, requesting permission to address the council on the subject of killing of kitten by a municipal worker.

ORDINANCES SCHEDULED FOR HEARING

O-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE CHAPTER 37, HISTORIC PRESERVATION. (St. Vincent’s R.C. Church)

O-2 AN ORDINANCE PERMITTING STREET CLOSURES BY NEW JERSEY TRANSIT AT AVENUE E BETWEEN EAST 14TH STREET AND BROADWAY AND 8TH STREET BETWEEN AVENUE C AND BROADWAY AS NEEDED FOR THE COMPLETION OF THE 8TH STREET LIGHT RAIL SITE.

O-3 AN ORDINANCE TO ADOPT THE NAMING OF EIGHT (8) STREETS AT THE PENINSULA AT BAYONNE HARBOR WHICH MAKE UP INITIAL ROAD CONSTRUCTION.

O-4 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY NOT NEEDED FOR PUBLIC USE. (Private sale to Board of Education of property at 9-11 West 9th Street for $100,000.00.)

O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones)
DELETE
73. Stamatia Konstantopoulous, 286 Avenue C, Apt. C
122. William Griffin, 9 Willow Street
ADD
73. Fotios Konstantopoulos, 286 Avenue C, Apt. C
086. Elaine L. Carroll, 35 East 17th Street, Apt. #3F
091. Richard J. Tazzette, 6 Veterans Court
095. Hubert Sharkey, 39 West 10th Street, 2nd Floor
102. Richard Roles, 88 West 9th Street

O-6 AN ORDINANCE AMENDING ORDINANCE #O-08-33, AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC.
Space #27. Joseph Conley changed to #50.
Space #123. Elizabeth Zuber to #58
Space #226. Bruce Bigg from the Westside of 33rd Street to the Southside of 33rd Street and from extending to a point 49 feet to 12 feet.

ORDINANCES PROPOSED FOR INTRODUCTION

O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE; and a resolution fixing Wednesday, January 21, 2009 at 7:00 P.M., and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Establishing minimum penalties for violations of the entire chapter.)

O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS; and a resolution fixing Wednesday, January 21, 2009 at 7:00 P.M., and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Towing storage.)

O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS; and a resolution fixing Wednesday, January 21, 2009 at 7:00 P.M., and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Amending the Urban Enterprise Zone legal description)

O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, January 21, 2009 at 7:00 P.M., and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for a public hearing and final passage. (Restrictive Parking Zones)
DELETE
070. Nordie M. Pacheco, 163 West 20th Street
140. Patricia Kuzma, 69 West 29th Street
153. John Purdy, 66 Evergreen Street
165. Marilyn Marie, 32 West 3rd Street
279. John Condura, 52 West 6th Street
149. George R. Behringer, for his mother-in-law Irene Jakubowski, 130 W. 54th St.
ADD
070. Christopher Reo, 703 Avenue E
122. Lorell Robinson, 92 West 9th Street
130. Benjamin V. Jackson, 80-82 West 18th Street
132. Rula M. Ellias, 345 Avenue C
133. John Janiszewski, 141 West 31st Street
153. Frank Lavendar for wife Margaret Lavendar, 106 West 53rd Street
154. Giuseppe Arrigo, 25 West 29th Street
279. John Condura, 52 West 6th Street
140. George R. Behringer, for his mother-in-law Irene Jakubowski, 130 W. 54th St.

COMMUNICATIONS

CONSENT AGENDA - Resolution ordering the following Communications to be received and filed:

C-1 From Karen F. DeSoto, Esq., filing notice of tort claim on behalf of KYRON TURNER, alleging injuries sustained on and around October 1, 2008 alleging wrongful termination, discrimination, and constitutional violations.

C-2 From Karen F. DeSoto, Esq., filing notice of tort claim on behalf of KEITH MOORE, alleging injuries sustained on and around October 1, 2008 alleging wrongful termination, discrimination, and constitutional violations.

C-3 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “FLYNN vs. THE CITY OF BAYONNE.” (sidewalk fall down at 134 West 55th Street on October 25, 2006.)

C-4 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “NATOLI vs. ROYAL CARRIBEAN (sic.) INTERNATIONAL and THE CITY OF BAYONNE.” (Fall in the cruiseport at the Peninsula at Bayonne Harbor on September 9, 2007.)

OFFICERS’ REPORTS

CONSENT AGENDA - Resolution ordering the following Officers’ Reports to be received and filed and any resolution incorporated within them to be adopted:

OR-1 From Terrence Malloy, Finance Director, reporting on purchase payments and recommending payment of same, and a resolution adopting the recommendation and ordering payment of claims.

OR-2 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on November 3, 2008:
$2,100,000.00 CLAIMS

OR-3 From Janet Convery, Treasurer, reporting on the transfer of $3,700,000.00 to the Board of Education on November 13, 2008, for payroll.

END OF OFFICERS’ REPORTS CONSENT AGENDA

OR-4 From Hon. Mark A. Smith, Mayor, vetoing Ordinance No. O-08-35. (Amending Revised General Ordinances, Chapter 17, Property Maintenance, setting mandatory minimum penalties.)

RESOLUTIONS

CONSENT AGENDA - Resolution ordering the following resolutions to be adopted:

CR-1 Approving the minutes of the regular meeting held Wednesday, November 12, 2008.

CR-2 Approving the minutes of the adjourned meeting held Wednesday, November 5, 2008.

CR-3 Approving the minutes of the council caucus held Wednesday, November 5, 2008.

CR-4 Supporting the appointment of THOMAS A. DE GISE, County Executive to the Board of Commissioners of the Port Authority of NY & NJ.

CR-5 Authorizing the POLICE DEPARTMENT to join with the NJ Division of Highway Traffic Safety to participate in the OVER THE LIMIT UNDER ARREST 2008 statewide crackdown which will involve increased impaired driving enforcement from December 8, 2008 though January 2, 2009.

CR-6 Supporting the STATE HOUSE COMMISSION APPLICATION to the NJDEP GREEN ACRES PROGRAM for the diversion of a portion of Block 452.02 Lot 12.101 Final Application Process.

CR-7 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (6 properties)
Block Lot Amount
42 2 $ 2,822.86
188 43 1,122.63
217 8 1,761.93
260 25 3,809.90
266 47 1,918.52
304 3 1,211.00
Total $ 12,646.84

CR-8 Authorizing refunding application fees for five (5) year exemption pursuant to the revised ordinance regarding such exemptions for Block 274, Lot 30, 158-160 West 10th Street are to be refunded $200.00; and Block 155, Lot 11, 174 West 31st Street are to be refunded $100.00.

CR-9 Authorizing the Municipal Treasurer to transfer $ 6,270,316.03 to the COUNTY OF HUDSON from the Current Fund for the Fourth Quarter 2008 County Tax Bill.

CR-10 Authorizing and directing the Municipal Treasurer to make the necessary transfers and disbursements from Current Fund in the amount of $105,756.25 for the purpose of paying semi-annual interest on City of BAYONNE MIDTOWN SCHOOL BONDS issued May 1, 1995 and due and payable January 15, 2009.

CR-11 Authorizing and directing the Municipal Treasurer to make the necessary transfers and disbursements from Current Fund in the amount of $1,071,612.50 for the purpose of paying semi-annual interest on City of BAYONNE SCHOOL BONDS issued December 15, 2004 and due and payable January 15, 2009.

CR-12 Authorizing and directing the Municipal Treasurer to make the necessary transfers and disbursements from Current Fund in the amount of $129,394.00 for the purpose of paying semi-annual interest on City of BAYONNE SCHOOL BONDS issued July 1, 1997 and due and payable January 1, 2009.

CR-13 Ordering a warrant in the amount of $78.00 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 25 dog licenses. (September)

CR-14 Ordering a warrant in the amount of $38.40 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 12 dog licenses. (October)

CR-15 Ordering a warrant in the amount of $3.60 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 3 dog licenses. (November)

CR-16 Ordering a warrant in the amount of $1,170.00 drawn to the order of the TREASURER, STATE OF NEW JERSEY representing 117 burial permits issued during the months of July, August, and September, 2008.

CR-17 Ratifying and confirming the action of the treasurer in transferring the amount of $461.08 to the BANK OF NEW YORK to interest due on outstanding obligations of the HCIA Pooled Loan Program Bond.

CR-18 Ratifying and confirming the action of the treasurer in transferring the amount of $23,571.75 to the BANK OF NEW YORK to remit school interest payments on outstanding obligations with the HCIA.

CR-19 Adopting the city’s CASH MANAGEMENT PLAN.

CR-20 Authorizing the cancellation of the partial assessments on Block 254, Lot 35, 34 Washington Parkway and Block 338, Lot 30, 80 West 5th Street, with the state law.

CR-21 Authorizing the transfer of the balance of our contract with SSI SERVICES to BLUE WING SERVICES as SSI Services is no longer in business. The balance of the contract is $32,462.49 and will expire June 30, 2009 or upon exhaustion of the stipulated funding.

CR-22 Amending Resolution #08-11-12-039 changing paragraph 1 calendar year from 2008 to 2009

CR-23 Authorizing the re-appointment of VINCENT CUSEGLIO and BEN COSTANZA as Constables pursuant to N.J.S.A. 40A:9-120 for a term of three (3) years commencing November 1, 2008.

CR-24 Authorizing the City Clerk to advertise for bids for a solid waste collection contract for a five (5) year period commencing July 1, 2009.

CR-25 Authorizing the City Clerk to advertise for bids for a recycling collection contract for a five (5) year period commencing July 1, 2009.

CR-26 Amending Resolution No. 08-11-12-041, authorizing a UEZ program entitled, “Fire Fighters Program-Phase II” to include the phrase, “municipal funds not to exceed $401,812.00.”

CR-27 Amending Resolution No. 08-11-12-042, authorizing a UEZ program entitled, “Enhanced Security Program, Phase V” to include the phrase, “municipal funds not to exceed $364,236.00.”

CR-28 Granting ** Bingo licenses to qualified organizations.

CR-29 Granting ** Raffle licenses to qualified organizations.

END OF CONSENT AGENDA

R-1 Authorizing the execution of a Public Donor Agreement with the BAYONNE COMMUNITY DAY NURSERY for $45,000.00 to provide day care services for approximately 100 pre-school from low and moderate income families for a one-year period commencing January 1, 2009. Chargeable to Account CDBG 413.

R-2 Authorizing the execution of a Public Donor Agreement with the BAYONNE PAL in the amount of $70,000.00 to provide after school day care services for approximately 300 low and moderate income students for a one year period commencing February 1, 2009. Chargeable to Accounts CDBG 912 & 912A.

R-3 Accepting $397, 746.00 from the NJDOT FISCAL YEAR 2009 MUNICIPAL AID PROGRAM FOR VARIOUS STREETS 2009 and authorizing the purchasing agent and City Clerk to advertise for bids for the NJDOT & CDBG Paving Projects.

R-4 Authorizing the POLICE DEPARTMENT to participate in the BAYONNE COMPREHENSIVE TRAFFIC SAFETY GRANT to accept $23,000.00 in funds for enforcement overtime and commodities for a one year period commencing October 1, 2008.

R-5 Authorizing an increase of $760.00 in contract #FY07-089 with the VIETNAM VETERANS OF AMERICA for additional work relating to roof repairs at 14 West 7th Street, increasing the original contract amount of $29,700.00 to $30,460.00. Chargeable to Account CDBG 929.

R-6 Approving a change order for Agreement #FY 07-045 with MOTOROLA for the city to maintain a small inventory of replacement parts for the Citywide Radio System Infrastructure in the amount of $77,723.05.

R-7 Approving Temporary Emergency Appropriation #5 in the SFY 2009 budget.

R-8 Authorizing the adoption of the City of Bayonne’s HOUSING ELEMENT AND FAIR SHARE PLAN.

R-9 Overriding the mayor’s veto of Ordinance No. O-08-35, amending The Revised General Ordinances of the City of Bayonne, Chapter 17, Property Maintenance.

R-10 Referring the application of the COUNTY OF HUDSON OFFICE OF EMERGENCY MANAGEMENT for the placement of four(43) Alert Notification Systems in four (4) locations in the City of Bayonne.

R-11 Renewing the terms of the lease with HON. ALBIO SIRES, for office space for the Congressional District branch office within the Municipal Building.