As of 4/17/2009 10:58 AM
CITY OF BAYONNE
CITY COUNCIL
COUNCIL CAUCUS
April 22, 2009

ORDINANCES, COMMUNICATIONS AND
ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA

COUNCIL VACANCY

1. From HON. ANTHONY CHIAPPONE, resigning his office as Council Member-at-Large as of April 9, 2009.

2. Nomination and election of Council Member-at-Large for a term expiring upon certification of the results of a special election to be held at the General Election, Tuesday, November 3, 2009.

ORDINANCES SCHEDULED FOR HEARING

O-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 12, FIRE RESCUE AND EMERGENCY SERVICES DEPARTMENT (FIRE DEPARTMENT). (Revisions to table of organization)

O-2 AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE CHAPTER 17, PROPERTY MAINTENANCE. (Penalties) Councilmen La Pelusa, Sr. & Connolly

O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones) Police Dept.
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

ORDINANCES PROPOSED FOR INTRODUCTION

O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION; and a resolution fixing Wednesday, May 20, 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. (City Clerk & Law Director duties re: council papers) City Clerk

O-5 AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, “AN ORDINANCE TO ESTABLISH CERTAIN OFFICES, POSITIONS, EMPLOYMENT, CONSISTENT WITH CIVIL SERVICE RECLASSIFICATION AND SUBSEQUENT CHANGES THERETO, FOR ALL EMPLOYEES IN THE MUNICIPAL GOVERNMENT OF THE CITY OF BAYONNE,” PASSED MAY 26, 1999; and a resolution fixing Wednesday, May 20, 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. (Adding title “Records Manager”) City Clerk

O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, May 20, 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) Mayor
DELETE
042. Arnold Adams, 94 West 44th Street
047. Anthony Tazzetto, 634 Avenue A
101. Fred Johnson, 200 Orient Street
123. Henry Milan, 165 West 20th Street
144. Jean Nestor for her mother Carmella Lobello, 100 Andrew Street
205. Rose Carney, 36 East 45th Street
242. Thomas Coffey, 16 East 25th Street
ADD
118. Albert Resnick, 952 Broadway, 2nd floor
248. Joseph Fiore, 511 Avenue A
254. Regina A. Dolan, 21 West 5th Street, 1st floor
257. Michael J. Clark, 67 Lord Avenue
AMEND
234. Elizabeth L. Floyd-Loyal for her husband, George E. Loyal, 72 Evergreen Street (adds address to previously authorized space)
RELOCATE
250. Palma Wasser, 4 Pamrapo Court, formerly 930 Kennedy Boulevard

COMMUNICATIONS

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

C-1 From Paul K. DeGrado, Esq., filing notice of tort claim on behalf of ANDRZEY DABKOWSKI, alleging injuries sustained December 3, 2008 in an automobile collision at Broadway and 31st Street.

C-2 From David Labib, Esq., filing notice of tort claim on behalf of ASAM HANNA, alleging injuries sustained and property taken in a search and arrest at his apartment at 92 West 33rd Street.

C-3 From STAN & BARBARA KABRT, filing notice of tort claim alleging personal injuries sustained December 17, 2009, resulting from an arrest resulting from an automobile accident at the Exxon Station at 21st Street and Kennedy Boulevard.

C-4 From CHRISTINE E. MELTON, filing notice of tort claim alleging property damage to her windshield on 33rd Street between Kenney Boulevard and Avenue A, resulting from a police officer damaging it when placing a parking ticket on her car.

C-5 From MARC A. RUBIN, filing notice of tort claim alleging property damage to his automobile on March 2, 2009, resulting from it being struck by a city snow plow at 168 West 32nd Street.

C-6 From ABDUL SHAKUR, filing notice of tort claim alleging property damage to his automobile on January 31, 2009, resulting from it being struck by the tail end of a fire truck turning a corner at West 43rd Street and Avenue E.

C-7 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “MOSSAD vs. SALID, BAYONNE POLICE DEPARTMENT, BAYONNE FIRE DEPARTMENT, et al.” (Wrongful death at 134 West 11th Street on July 22, 2007.)

C-8 From the Superior Court of New Jersey, Law Division, Summons and Third Party Complaint in matter entitled, “TREZZA vs. EMILIO’S PROPERTIES, INC., et al. vs. THE CITY OF BAYONNE.” (Fall on sidewalk at 387-389 Broadway on August 21, 2006.)

C-9 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “TUROWSKI vs. THE CITY OF BAYONNE.” (Sidewalk fall at 14 East 22nd Street on April 3, 2007.)

C-10 From the Tax Court of New Jersey, complaint in matter entitled, “AEGIS REALTY HOLDINGS, INC. vs. CITY OF BAYONNE.” (992-996 Broadway, Block 66, lot 61 - commercial)

C-11 From the Tax Court of New Jersey, complaint in matter entitled, “THE FOUR B’s vs. CITY OF BAYONNE.” (688-692 Broadway, Block 154, lot 47 - commercial)

C-12 From the Tax Court of New Jersey, complaint in matter entitled, “527-531 Broadway, LLC vs. CITY OF BAYONNE.” (527-531 Broadway, Block 189, lot 21 - commercial)

C-13 From the Tax Court of New Jersey, complaint in matter entitled, “McDONALD’S CORP. vs. CITY OF BAYONNE.” (537-543 Broadway, Block 189, lot 24 - commercial)

C-14 From the Tax Court of New Jersey, complaint in matter entitled, “ENGEL HOLDING CO. vs. CITY OF BAYONNE.” (48-52 Hook Road, Block 427, lot 1; Block 482, lots 1 & 2 - commercial)

C-15 From the Tax Court of New Jersey, complaint in matter entitled, “WEA ENTERPRISES vs. CITY OF BAYONNE.” (30 Pulaski Street, Block 397, lot 1 - industrial)

C-16 From the Tax Court of New Jersey, complaint in matter entitled, “NORTH HOOK ASSOCIATES, LLC c/o BARJEFF vs. CITY OF BAYONNE.” (69-73 LeFante Way, Block 412, lot 3 - industrial)

C-17 From the Tax Court of New Jersey, complaint in matter entitled, “VERIZON-NEW JERSEY, INC. vs. CITY OF BAYONNE.” (617-627 Broadway, Block 167, lots 20-21 - commercial)

C-18 From the Tax Court of New Jersey, complaint in matter entitled, “HESS CORPORATION vs. CITY OF BAYONNE.” (Hook Road, Block 482, lots 8 & 9 - industrial)

C-19 From the Tax Court of New Jersey, complaint in matter entitled, “MCP ASSOCIATES vs. CITY OF BAYONNE.” (556 Broadway, Block 184, lot 5 - commercial)

C-20 From the Tax Court of New Jersey, complaint in matter entitled, “55 HOOK ROAD, LLC vs. CITY OF BAYONNE.” (55 Hook Road, Block 417, lot 3 - industrial)

C-21 From the Tax Court of New Jersey, complaint in matter entitled, “RITE AID vs. CITY OF BAYONNE.” (471 Broadway, Block 471, lots 22 - 25 - commercial)

C-22 From the Tax Court of New Jersey, complaint in matter entitled, “RITE AID vs. CITY OF BAYONNE.” (12-16 North Street, 8 North Street, Block 297, lots 4 & 5 - commercial)

C-23 From the Tax Court of New Jersey, complaint in matter entitled, “RITE AID vs. CITY OF BAYONNE.” (1085-1099 Broadway, Block 31, lots 17 - 21 - commercial)

C-24 From the Tax Court of New Jersey, complaint in matter entitled, “RICHMOND COUNTY COMMUNITY BANK, N/K/A NEW YORK COMMUNITY BANK vs. CITY OF BAYONNE.” (441-445 Broadway, Block 216, lot 13 - commercial)

C-25 From the Tax Court of New Jersey, complaint in matter entitled, “BAYONNE RESIDENTIAL LIMITED PARTNERSHIP vs. CITY OF BAYONNE.” (Bayonne Bay, Block 815, lot 1 & Block 803, lot 1 – multi-family residential)

C-26 From the Tax Court of New Jersey, complaint in matter entitled, “FLEET NATIONAL BANK c/o BANK OF AMERICA vs. CITY OF BAYONNE.” (935-939 Broadway, Block 85, lot 23 - commercial)

C-27 From the Tax Court of New Jersey, complaint in matter entitled, “MAIDENFORM, INC. vs. CITY OF BAYONNE.” (142-180 Avenue E, Block 467, lots 27 – 29, Block 458, lot 1 - industrial)

C-28 From the Tax Court of New Jersey, complaint in matter entitled, “SOUTH COVE DEVELOPMENT, LLC vs. CITY OF BAYONNE.” (77-97 LeFante Way, Block 412, lot 2.01 - commercial)

C-29 From the Tax Court of New Jersey, complaint in matter entitled, “C & A DEVELOPMENT CO., INC. vs. CITY OF BAYONNE.” (8-16 North Street, Block 297, lots 4 & 5 - commercial)

C-30 From the Tax Court of New Jersey, complaint in matter entitled, “ATLANTIC CEMENT REALTY, LLC (Commerce Street & Hook Road, Block 481, lot 5.02 - industrial)

C-31 From the Tax Court of New Jersey, complaint in matter entitled, “563-567 BROADWAY, LLC vs. CITY OF BAYONNE.” (563-567 Broadway, Block 183, lot 17 - commercial)

C-32 From the Tax Court of New Jersey, complaint in matter entitled, “BAYONNE DURABLE CONSTRUCTION CO., INC. vs. CITY OF BAYONNE.” (East 22nd Street, Block 464.01, lot 2, - industrial)

C-33 From the Tax Court of New Jersey, complaint in matter entitled, “IJKG PROPCO, LLC vs. CITY OF BAYONNE.” (408-422 Avenue E, Block 420.02, lot 2 –commercial & Block 504, lot 7.01 - vacant)

C-34 From the Tax Court of New Jersey, complaint in matter entitled, “IJKG PROPCO, LLC vs. CITY OF BAYONNE.” (407-421 Avenue E, Block 164, lot 5 & 6 – vacant & other)

C-35 From the Tax Court of New Jersey, complaint in matter entitled, “HADDAD & APPAREL GROUP vs. CITY OF BAYONNE.” (61-81 East 2nd Street, Block 372, lot 1.2 - commercial)

C-36 From the Tax Court of New Jersey, complaint in matter entitled, “HADDAD & APPAREL GROUP vs. CITY OF BAYONNE.” (90 East 5th Street, Block 359, lot 8.1 - commercial)

C-37 From the Tax Court of New Jersey, complaint in matter entitled, “MANSARD GARDENS ASSOCIATES, LLC vs. CITY OF BAYONNE.” (West 22nd & 23rd Streets, Block 195, lot 1, Block 202, lot 1, Block 203, lots 1& 6 – multifamily residential)

C-38 From the Tax Court of New Jersey, complaint in matter entitled, “A 99 LLC & 667 E 37TH ST. OWNERS CO. vs. CITY OF BAYONNE.” (97-103 Avenue A, 39-55 Bayview Court, Block 310, lot 1, Block 311.01, lot 1 & 5, Block 333.01, lot 4 & 6, Block 333.02, lot 1, - industrial & vacant)

C-39 From the Tax Court of New Jersey, complaint in matter entitled, “MNP REAL ESTATE PARTNERSHIP vs. CITY OF BAYONNE.” (New Hook Road, Block 426, lot 2 - industrial)

C-40 From the Tax Court of New Jersey, complaint in matter entitled, “PENINSULA COURT, LLC vs. CITY OF BAYONNE.” (22-34 West 25th Street, Block 189, lot 25.01 – multi-family residential)

C-41 From the Tax Court of New Jersey, complaint in matter entitled, “MICHAEL ESPOSITO vs. CITY OF BAYONNE.” (435-437 Broadway, 10-12 West 20th Street, & 11-13 West 19th Street, Block 220, lots 18, 24 & 26- commercial & vacant)

C-42 From the Tax Court of New Jersey, complaint in matter entitled, “MARL ASSOCIATES vs. CITY OF BAYONNE.” (26 North Street, Block 297, lot 3 - vacant)

C-43 From the Tax Court of New Jersey, complaint in matter entitled, “BAYONNE HOLDCO, LLC vs. CITY OF BAYONNE.” (509-519 Broadway, Block 196, lots 6 & 7 - commercial)

C-44 From the Tax Court of New Jersey, complaint in matter entitled, “INSERRA SUPERMARKETS vs. CITY OF BAYONNE.” (567-589 Avenue C, Block 182, lot 11 - commercial)

C-45 From the Tax Court of New Jersey, complaint in matter entitled, “PLATTYKILL MANOR ASSOCIATES vs. CITY OF BAYONNE.” (18-52 East 12th Street, Block 268, lot 2 – multi-family residential)

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 Hon. Mark A. Smith, appointing MARIE STRINGILE to the Board of Education to fill the unexpired term of Christopher Grella, resigned, term expires May 15, 2011.

OR-2 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-3 From Janet Convery, Treasurer, reporting on the transfer of $4,600,000.00 to the Board of Education on March 10, 2009 for payroll. Treasurer

OR-4 From the Purchasing Department reporting on bids received March 24, 2009 for elevator maintenance for three city buildings. (6 bidders) Purchasing

RESOLUTIONS

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

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

CR-2 Approving the minutes of the special meeting held Monday, March 30, 2009. City Clerk

CR-3 Approving the minutes of the council caucus held Wednesday, March 11, 2009. City Clerk

CR-4 Observing Friday, April 24, 2009 as ARBOR DAY, Bayonne being recognized by the National Arbor Day Foundation as a “Tree City USA.” PWPR

CR-5 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (4 properties) Tax Collector
Block Lot Amount
112 25 $2,357.92
161 39 307.54
228 1 2,295.99
318 38 1,488.53
Total: $6,449.98

CR-6 Authorizing and directing the Municipal Treasurer to make the necessary transfers and disbursements from the Current Fund in the amount of $1,636,207.50 for the purpose of paying a principal payment of $1,450,000.00, and semi-annual interest of $186,207.50 on City of Bayonne SCHOOL REFUNDING BONDS issued October 15, 1998 and due and payable May 1, 2009. Finance

CR-7 Authorizing and directing the Municipal Treasurer to transfer the amount of $453,638.00 to the HUDSON COUNTY IMPROVEMENT AUTHORITY for the purpose of making a payment due May 15, 2009, pursuant to a lease agreement with the Authority, entered into on June 1, 2004. Finance

CR-8 Authorizing a warrant in the amount of $6,012.00 payable to the STATE OF NEW JERSEY representing State Surcharge Fees on New Construction and Alterations. Chargeable to Account State Training Fees with the Tax Collector. Building

CR-9 Ordering a warrant in the amount of $1,525.00 drawn to the order of the TREASURER, STATE OF NEW JERSEY representing the state’s share of 61 marriage licenses issued during the months of January, February and March, 2009. City Clerk

CR-10 Ordering a warrant in the amount of $615.60 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 273 dog licenses. Health

CR-11 Ordering a warrant in the amount of $117.00 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 45 dog licenses issued during the month of March, 2009. Health

CR-12 Ordering a warrant in the amount of $930.00 drawn to the order of the TREASURER, STATE OF NEW JERSEY representing 93 burial permits issued during the months of January, February, and March 2009. Health

CR-13 Ratifying and confirming the action of the treasurer in transferring the amount of $646.27 to the BANK OF NEW YORK to remit school interest payments on outstanding obligations with the HCIA. Finance

CR-14 Ratifying and confirming the action of the Treasurer in transferring the amount of $17,615.14 to the BANK OF NEW YORK for interest due on outstanding obligations of the HCIA Pooled Loan Program Bond. Finance

CR-15 Ratifying and confirming the action of the Treasurer in transferring the amount of $ 781,738.00 to the PUBLIC EMPLOYEES RETIREMENT SYSTEM for the City’s annual contribution. Finance

CR-16 Ratifying and confirming the action of the Treasurer in transferring $4,545,122.00 to the POLICE & FIREMEN’S RETIREMENT SYSTEM for the City’s annual contribution. Finance

CR-17 Granting ** Bingo licenses to qualified organizations. City Clerk

CR-18 Granting ** Raffle licenses to qualified organizations. City Clerk

END OF CONSENT AGENDA

R-1 Awarding a contract for elevator maintenance for three city buildings for a three year term to STANDARD ELEVATOR CORP., Clifton, NJ, the lowest bidder, for the bid price of not to exceed $27,288.00. Chargeable to Accounts 01-201-26-310-2-020 @ $15,522.00; 01-201-27-229-2-199 @ $3,960.00; and 01-201-29-390-020 @ $7,776.00. Purchasing/PWPR

R-2 Authorizing an agreement with BARBERI CONSTRUCTION for the purpose of renovating a bathroom at Mayor Dennis P. Collins Park for an amount not to exceed $10,000.00. Chargeable to Account CDBG 122. Community Development

R-3 Authorizing an agreement with UNITED CEREBRAL PALSY OF HUDSON COUNTY for the purpose of funding the installation of an emergency generator at their facility located at 721 Broadway, in an amount not to exceed $50,000.00. Chargeable to Account CDBG 928. (Engineering services by S. Berkowitz & Associates @ $5,400.00 and supply and installation by SRA Security Systems @ $37,900.00) Community Development

R-4 Authorizing an agreement with BAYONNE MASONIC TEMPLE, PENINSULA LODGE NO. 99 F. & A.M. for the purpose of funding electrical code related repairs at their facility at 888 Avenue C for an amount not to exceed $8,900.00. (Nardini Brothers, Inc., Electrical Contractors – reallocation of previously granted funds for roof repairs, which were not used) Community Development

R-5 Authorizing the submission and execution of all documents relating to the City’s FY2009 CDBG and ESG Programs. Community Development
2009 CDBG Program (Anticipated) $1,875,876
2009 CDBG Anticipated Program Income $ 60,000
2009 ESG Program $ 83,318

R-6 Authorizing the Mayor to sign all documents and certifications needed to effectuate a PROGRAM INCOME AMENDMENT to the city’s COMMUNITY DEVELOPMENT PROGRAM policy to provide for the use of funds generated by the repayment of existing business loans for any eligible community development activity in accordance with Housing and Community Development regulations. (Loan proceeds formerly administered by BEDC being returned to Community Development Program) Community Development

R-7 Authorizing the Mayor and City Clerk to enter into a grant Agreement with the HUDSON COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICE AREA AGENCY ON AGING for Older American Act funds for care management and nutrition services for a one-year period commencing January 1, 2009 for the amount of $506,959.00. Health

R-8 Authorizing the Police Department to accept a 2009 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) in the amount of $130,747.00 funded by the U.S. Department of Justice through the Hudson County Prosecutor’s Office for local law enforcement programs and equipment. Police

R-9 Authorizing the adoption of a MULTI-JURISDICTIONAL PRE-DISASTER ALL HAZARDS PLAN for the COUNTY OF HUDSON to pool resources and create consistent mitigation strategies to be implemented in response to natural hazards. Mayor

R-10 Authorizing amendments to the original Project Agreement between the NJDEP GREEN ACRES PROGRAM and the City of Bayonne to accept an increase in funding from Green Acres for Harbor View Park from $600,000.00 to $1,200,000.00. BLRA

R-11 Adjourning to Wednesday, May 13, 2009 following the council caucus scheduled for 3:30 P.M. (For purpose of considering resolutions authorizing the submission of applications for stimulus funding under the American Recovery and Reinvestment Act of 2009 – for application date of May 17, 2009) Community Development

REQUESTS TO ADDRESS THE COUNCIL