As of 3/12/2009 3:37 PM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
March 18, 2009


REQUESTS TO ADDRESS THE COUNCIL


ORDINANCES SCHEDULED FOR HEARING

O-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones)
DELETE
150. Barbara Lynch, 5 East 1st Street
191. Vincent Hahn, 559 Avenue E
ADD
150. Yasmin Salib for her husband, Samir Salib, 375 Kennedy Boulevard
080. Richard P. Venus, 387 Avenue E, Apt. #1
191. Patricia M. Schuele, 60 East 5th Street
206. Tina M. Russo, 19 O’Brien Court
209. Patrick J. McKittrick, 47 East 34th Street
223. Linda R. Mackiewicz, 23 Cottage Street
227. Henry G. Harris, Jr., 121 West 6th Street
228. Jadwiga Jaworek for her mother, Helena Zabicka, 56 East 34th Street
230. Michael Johnson, 95 West 54th Street
234. Elizabeth L. Floyd-Loyal for her husband, George E. Loyal
AMEND
133. John Janiszewski, 141 West 31st Street CHANGE DESCRIPTION

ORDINANCES PROPOSED FOR INTRODUCTION

O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, April 29, 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
075. Harold Cassidy, 27 West 29th Street
080. Dolores Maher, 120 Avenue C
178. Joseph Dziuba, 96 West 24th Street
254. Anthony T. Bujnowski, 11 East 27th Street
ADD
240. Frank Dehart for his s/o Barbara Maluta, 153 West 33rd Street

COMMUNICATIONS

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

C-1 From Bennett A. Robbins, Esq., filing notice of tort claim on behalf of MICHAEL MAROLDA, alleging injuries sustained November 2, 2008 in a collision at the intersection of Colony Road and Port Jersey Boulevard.

C-2 From Paul K. DeGrado, Esq., filing notice of tort claim on behalf of ANNA DABKOWSKI, alleging injuries sustained December 3, 2008 in a collision with a city owned vehicle at Broadway and 31st Street.

C-3 From Ronald Kurzeja, Esq., filing notice of tort claim on behalf of MEL SCHARF, alleging violations of federal and state civil rights, destruction of personal property, and deprivation of use of premises sustained commencing December 1, 2008 and continuing at 13 Elco Court.

C-4 From JULISSA RENGIFO, filing notice of tort claim alleging property damage to her vehicle on January 11, 2009, resulting from a collision due to icy road conditions at Port Jersey Boulevard.

C-5 From RICHARD A. DECANTO, filing notice of tort claim alleging property damage to his automobile, resulting from being struck by a city owned vehicle in the Fire House Station 1 parking lot.

C-6 From CAROLINE DUVALSAINT, filing notice of tort claim alleging property damage to her automobile on October 1, 2008, resulting from a hole in the street at the exit of the Shop Rite parking lot.

C-7 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “RIVERA vs. FIRST SAVINGS BANK, et al., incl. THE CITY OF BAYONNE.” (Fall on uneven sidewalk at 568 Broadway on June 12, 2006.)

C-8 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “BORZELLI vs. THE CITY OF BAYONNE, et al.” (Fall on the sidewalk at 667-669 Broadway on November 29, 2006.)

C-9 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “FIRST FIDELITY REALTY, LLC and DURAPORT REALTY, IV, LLC vs. THE CITY OF BAYONNE and the BAYONNE LOCAL REDEVELOPMENT AUTHORITY.” (Specific performance suit regarding Block 475, lot 2)

C-10 From the Superior Court of New Jersey, Chancery Division, Summons and Complaint in matter entitled, “DEUTSCH BANK NATIONAL TRUST COMPANY vs. SOUFIH GERGES, et al., incl. THE CITY OF BAYONNE.” (Mortgage foreclosure)

C-11 From the Tax Court of New Jersey, complaint in matter entitled, “59 HOOK CREEK ROAD ASSOCIATES, LLC vs. CITY OF BAYONNE.” (59 Hook Road, Block 417, lot 1 - commercial)

C-12 From the Tax Court of New Jersey, complaint in matter entitled, “HARRISON INDUSTRIAL PARK, LTD. vs. CITY OF BAYONNE.” (Route 169 & Pulaski Street, Block 169, lot 7 - industrial)

C-13 From the Tax Court of New Jersey, complaint in matter entitled, “CLIFTON BOULEVARD PROPERTY, INC. vs. CITY OF BAYONNE.” (Route 440 & Pulaski Street, Block 399, lot 5.01 - vacant)

C-14 From the Tax Court of New Jersey, complaint in matter entitled, “BAYONNE/OMNI DEVELOPMENT, LLC vs. CITY OF BAYONNE.” (636-644 Broadway, Block 164, lots 1-4 - commercial)

C-15 From the Tax Court of New Jersey, complaint in matter entitled, “RDA REALTY, LLC vs. CITY OF BAYONNE.” (566-568 Broadway, Block 184, lot 1 - commercial)

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. Finance

OR-2 From Janet Convery, Treasurer, reporting on the transfer of $4,000,000.00 to the Board of Education on February 12, 2009 for payroll. Treasurer

RESOLUTIONS

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

CR-1 Approving the minutes of the regular meeting held Wednesday, February 18, 2009. City Clerk

CR-2 Approving the minutes of the council caucus held Wednesday, February 11, 2009. City Clerk

CR-3 Confirming the actions of the mayor in appointing CHERYL SCOTT CASHMAN as Presiding Judge of the Municipal Court, and FRANK T. CARPENTER, III, as Acting Judge of the Municipal Court for respective three year terms commencing January 1, 2009. Mayor

CR-4 Confirming the actions of the mayor in appointing SUSAN FERRARO, ESQ., as Municipal Prosecutor, and John F. Coffey, II, Esq., Peter J. Cresci, Esq., Donna M. Russo, Esq., as Substitute Municipal Prosecutors for the City of Bayonne as requested by the Hudson County Prosecutor. Mayor

CR-5 Re-appointing HON. GARY LA PELUSA as the Class III member of the Planning Board for a one-year term expiring December 31, 2009.

CR-6 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (7 properties) Tax Collector
Block Lot Amount
24 1.1207 $1,109.26
198 13 1,779.56
210 36 2,265.40
243 18 2,374.60
295 4 728.44
358 18 1,187.48
405 12.01 6.62
Total: $9,451.36

CR-7 Ordering warrant drawn from the Current Fund in the amount of $776.02 payable to CONSOLIDATED POLICE & FIREMEN’S PENSION FUND, representing administrative fees. Finance

CR-8 Ordering a warrant payable to PUBLIC EMPLOYEES RETIREMENT SYSTEM in the amount of $3,749.76, representing payment of an invoice from the Division of Pensions relating to delayed enrollment. Chargeable to Account - PERS. Finance

CR-9 Ratifying and confirming the action of the treasurer in transferring the amount of $612.59 to the BANK OF NEW YORK to remit school interest payments on outstanding obligations with the HCIA. Finance

CR-10 Ratifying and confirming the action of the Treasurer in transferring the amount of $15,893.65 to the BANK OF NEW YORK for interest due on outstanding obligations of the HCIA Pooled Loan Program Bond. Finance

CR-11 Authorizing cancellation of taxes for a 100% Disabled Veteran from October 28, 2008 and refunding any taxes paid from that date to December 31, 2009, estimated at $2,543.37 for Block 174, lot 15, 27 Parkview Terrace. Tax Assessor

CR-12 Granting ** Bingo licenses to qualified organizations. City Clerk

CR-13 Granting ** Raffle licenses to qualified organizations. City Clerk

END OF CONSENT AGENDA

R-1 Authorizing an agreement with NATHANIEL SIMS ASSOCIATES, Scotch Plains, NJ for consulting services in counseling and assisting startup and established businesses, for the period commencing March 1, 2009 through June 30, 2009 pursuant to a proposal originally made on August 18, 2008 for a total amount not to exceed $5,000.00. Chargeable to Account CDBG 507B.

R-2 Ratifying and confirming the action of the Mayor in entering into Agreement No. FY09-054, dated January 30, 2009, with STACK COOLAHAN AND STACK, Hoboken, NJ, for professional appraisal services in connection with the potential sale of Block 452.02, lot 4 (Route 440, just north of East 22nd Street) for a fee of $3,000.00. Chargeable to Law Department Contracts Account. (Professional Services contract - notice of award to be published.) Law Department

R-3 Authorizing an agreement with a licensed auctioneer to conduct the sale of real property no longer needed for public use.

R-4 Authorizing a Right of Entry Agreement with BAYONNE/OMNI, LLC for access to the public right of way (sidewalk) at 630 Broadway in connection with a NJDEP required Remedial Measure Workplan for the remedy of contaminants from a formerly abandoned underground tank. Health Department

R-5 Supporting the application of INSERRA SHOP-RITE BAYONNE to the NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY for funding through the Local Development Finance Fund sponsored by the Bayonne Economic Development Corporation. BEDC

R-6 Authorizing the submission of a grant application to the HUDSON COUNTY OPEN SPACE TRUST FUND for the following projects:
Harborview Park, Phase 3
Al Slootsky Park Rehab
Bayonne Community Museum Rehab
Russell Golding Park Acquisition
Future Rehab and Design Assistance
Fitzpatrick Park Rehab. Planning

R-7 Authorizing the Law Department to file corrective (affirming) tax appeals with the Hudson County Board of Taxation to correct a transposition error affecting the properties at Block 132, lots 22.12 & 22.31. (Condo Units where the 2009 assessments were transposed.) Tax Assessor

R-8 Designating the Blocks and lots enumerated in the COVE REDEVELOPMENT STUDY as an area in need of redevelopment. Planning

R-9 Certifying to the Local Finance Board of the State of New Jersey that all members of the governing body have personally reviewed, as a minimum, the sections of the ANNUAL AUDIT entitled “Comments and Recommendations” as evidenced by a group affidavit signed at the meeting. City Clerk

R-10 Approving Temporary Emergency Appropriation #8 in the SFY 2009 budget. Finance

R-11 Adopting an amendment to the City of Bayonne’s deferred compensation plan with HARTFORD LIFE to allow the plan to issue loans to plan participants. Finance