As of 9/22/2008 4:25 PM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
September 24, 2008


REQUESTS TO ADDRESS THE COUNCIL

RA-1 From ADEL M. DEMIAN, requesting permission to address the council on the subject of parking permits for “black cars” used for business and personal use.

RA-2 From RICHARD BARBA, requesting permission to address the council on the subject of the Mark Smith for Mayor “Campaign.”

RA-3 From LEONARD R. KANTOR, requesting permission to address the council on the subject of city 2008-09 budget, total bond debt of city, all agencies, total amount to be paid on all bonds, total amount on all notes owed.

RA-4 From JAMES F. SISK, requesting permission to address the council on the subject of matters before the city council and general city business.

RA-5 From MICHAEL MASONE, requesting permission to address the council on the subject of matters of general interest to the public.

RA-6 From JASON O’DONNELL, requesting permission to address the council on the subject of issues of importance to our future.

RA-7 From MICHAEL EMBRICK, requesting permission to address the council on the subject of general city welfare.

RA-8 From PATRICK D. CONAGHAN, requesting permission to address the council on the subject of matters of interest to council.

ORDINANCES SCHEDULED FOR HEARING

O-1 AN ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY APPROVING CERTAIN AMENDMENTS TO THE REDEVELOPMENT PLAN FOR THE MILITARY OCEAN TERMINAL/PENINSULA AT BAYONNE HARBOR PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW (N.J.S.A. 40A:12A-1 ET SEQ.)

O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS. (Eliminating provision for fees in 5 year tax abatement applications; providing for a 5 year decreasing tax abatement for residential new construction completed within the next 3 years.)

O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS. (Establishing a hotel tax at 3%)

O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 25, STREETS AND SIDEWALKS. (Providing for inspections of street closures past normal working hours)

O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (School drop zone – All Saints Academy)

O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones)
DELETE
21. Michael Koscs, 44 East 27th Street
171. George Maldonado, for his wife Angela, 38 West 17th Street
187. Joseph Gaffney, 165 Newman Avenue
248. Sigmund Zajac, 949 Avenue C
ADD
21. Kevin Koscs, for his mother Virginia Koscs, 44 East 27th Street
27. Patricia Keenan, for her mother Hannah Sharkey, 101 Lexington Ave.
30. Yadira Rosa-Diaz for Ricardo Diaz, 78 East 24th Street
73. Stamatia Konstantopoulos, 286 Avenue C

TC-1 TOWN CENTER MANAGEMENT BUDGET – hearing and final adoption.

ORDINANCES PROPOSED FOR INTRODUCTION

O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS; and a resolution fixing Wednesday, October 15, 2008 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 automobile storage facilities for damaged and towed vehicles as permissible uses within the I-H Zone – to be referred to the Planning Board for review and comments)

O-8 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, October 15, 2008 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 a 8% tax for parking in commercial parking lots, excluding NJ Transit lots and the Bayonne Medical Center garage)

O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, October 15, 2008 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. (Correcting street number for school no parking at Bailey School)

O-10 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, October 15, 2008 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. (Learning Zone for Infants and Toddlers Daycare Center located at 763 Avenue C from Monday through Friday 7:00 A.M. to 6:00 P.M.)

O-11 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, October 15, 2008 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
01. Bridget Schmacher, 85 Avenue E
010. Gloria Ventre, 132 West 54th Street
050. Patricia Morgan, 12 Kelly Parkway
132. Linda Schadewald, 19 Silver Street
156. Leo T. Gavaghan, 152 West 10th Street
190. Sharon Vitale, 309 Broadway
206. Emilio Pacheco, 137 West 29th Street
223. Elizabeth Armstrong, 47 East 39th Street
226. Bruce Bigg, Sr., 45 East 36th Street
240. Grayce Scott, 40 West 18th Street
ADD
01. Brigit Schmacher, 82 Avenue E
07. Patrick Iapicca, 266 Prospect, Apt. #1
010. Gloria Ventre, 79 West 19th Street
27. Joseph E. Conley, 125 West 19th Street
78. Sheila Cain for mother, Connie Sackawitch,
104. Peter Donovan, 31 East 36th Street
107. Joseph Loscalzo, 175 West 49th Street, Apt.#1A
123. Elizabeth Zuber, for her husband Michael Zuber, 172 West 8th Street
148. Charles E. Chambers, for his wife Carol Chambers, 39 East 27th St.
190. Sharon Vitale, 309 Broadway
226. Bruce Bigg, 70 West 33rd Street

COMMUNICATIONS

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

C-1 From SARA ANNE HENDERSON, filing notice of tort claim alleging personal injuries sustained June 24, 2008, resulting from sliding into home at the 16th Street softball field.

C-2 From BETH FOLGER, filing notice of tort claim alleging property damage to her automobile on May 28, 2008, resulting from its being struck by a police car at 15 East 42nd Street.

C-3 From SHEILA HILL, filing notice of tort claim alleging property damage to her automobile on August 3, 2008, resulting from it being struck by a softball at the 16th Street softball field.

C-4 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “VACCARO vs. THE CITY OF BAYONNE.” (Injuries sustained from a broken fire hose that struck him at the scene of a car fire on West 53rd Street on September 29, 2007.)

C-5 From the Tax Court of New Jersey, complaint in matter entitled, “ALESSI vs. CITY OF BAYONNE.” (458 Broadway, Block 211, lot 5 - commercial)

C-6 From the Tax Court of New Jersey, complaint in matter entitled, “LY and NHI vs. CITY OF BAYONNE.” (15 Maritime Way, Block 47, lot 8.208 – 1-4 family)

C-7 From the Tax Court of New Jersey, complaint in matter entitled, “VERMA vs. CITY OF BAYONNE.” (5 Maritime Way, Block 47, lot 8.203 – 1-4 family)

C-8 From the Tax Court of New Jersey, complaint in matter entitled, “522 ASSOC. LLC c/o VALLEY NATIONAL BANK vs. CITY OF BAYONNE.” (9 East 24th Street, Block 190, lot 1 - commercial)

C-9 From the Tax Court of New Jersey, complaint in matter entitled, “CHOHAN vs. CITY OF BAYONNE.” (924 Broadway, Block 90, lot 45 – commercial)

C-10 From the Tax Court of New Jersey, complaint in matter entitled, “DAIBES GAS 14 vs. CITY OF BAYONNE.” (806-812 Avenue C, Block 393, lot 21 - commercial)

C-11 From the Tax Court of New Jersey, complaint in matter entitled, “DECRESCI vs. CITY OF BAYONNE.” (449-451 Avenue C, Block 219, lot 22 - commercial)

C-12 From the Tax Court of New Jersey, complaint in matter entitled, “DONNELLY vs. CITY OF BAYONNE.” (972 Broadway, Block 78, lot 42 - commercial)

C-13 From the Tax Court of New Jersey, complaint in matter entitled, “SANTAMARIA vs. CITY OF BAYONNE.” (904 Broadway, Block 94, lot 42 - commercial)

C-14 From the Tax Court of New Jersey, complaint in matter entitled, “STRONGIN vs. CITY OF BAYONNE.” (873-875 Broadway, Block 101, lot 23 - commercial)

C-15 From the Tax Court of New Jersey, complaint in matter entitled, “ZAMPETTI ENTERPRISES, INC. vs. CITY OF BAYONNE.” (724 Broadway, Block 146, lot 47 - commercial)

C-16 From the Tax Court of New Jersey, complaint in matter entitled, “BAY SYL REALTY, LLC vs. CITY OF BAYONNE.” (493-495 Broadway, Block 204, lot 8 - commercial)

C-17 From the Tax Court of New Jersey, complaint in matter entitled, “RAM HOLDING COMPANY vs. CITY OF BAYONNE.” (38-40 East Grand Street, Block 71, lots 17 & 18 - industrial)

C-18 From the Tax Court of New Jersey, complaint in matter entitled, “DIPASQUALE vs. CITY OF BAYONNE.” (185 West 21st Street, Block 207, lot 1.05 - residential)

C-19 From the Tax Court of New Jersey, complaint in matter entitled, “LUCCARELLI vs. CITY OF BAYONNE.” (197-199 West 21st Street, Block 207, lot 1.11 - residential)

C-20 From the Tax Court of New Jersey, complaint in matter entitled, “RB BAYONNE, LLC vs. CITY OF BAYONNE.” (15 Broadway, Block 380, lot 29.13 - residential)

C-21 From the Tax Court of New Jersey, complaint in matter entitled, “THE FANO FAMILY TRUST vs. CITY OF BAYONNE.” (668A Avenue E, Block 403, lot 14 - residential)

C-22 From EDUARDO B. ABAD filing notice of appeal from a decision of the Rent Control Board rendered July 15, 2008 regarding 92 West 33rd Street.

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 JOANNE SISK, CTC, submitting the Tax Collector’s Annual Report for the fiscal year 2008.

OR-3 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on July 30, 2008:
$5,000,000.00 Claims

OR-4 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on August 12, 2008:
$5,848,757.00 Claims

OR-5 From Janet Convery, Treasurer, reporting on the transfer of $1,500,000.00 to the Board of Education on August 14, 2008 for payroll.

OR-6 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on August 20, 2008:
$3,100,000.00 Claims

OR-7 From Janet Convery, Treasurer, reporting on the transfer of $300,000.00 to the Board of Education on August 28, 2008 for payroll.

OR-8 From the Purchasing Department reporting on bids received September 9, 2008 for rock salt for city streets. (1 bidder)

OR-9 From the Purchasing Department reporting on bids received September 9, 2008 for snow removal services during snow emergencies. (1 bidder)

RESOLUTIONS

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

CR-1 Approving the minutes of the regular meeting held Wednesday, August 20, 2008.

CR-2 Approving the minutes of the special meeting held Wednesday, August 6, 2008.

CR-3 Approving the minutes of the council caucus held Wednesday, August 6, 2008.

CR-4 Supporting the “WE’RE STILL HERE” CAMPAIGN to promote public awareness of Post-Polio Syndrome.

CR-5 Allowing the Bayonne Police Department to participate with the New Jersey Division of Traffic Safety in the “PUT THE BRAKES ON FATALITIES DAY” being held October 10, 2008 to call attention to the more than 41,000 motor vehicle fatalities that occur annually on the nation’s roadways.

CR-6 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (9 properties)

CR-7 Authorizing and directing the Municipal Treasurer to make payments and transfers as follows:

FUND ACCOUNT AMOUNT
Current Fund Demolition Loan $ 101,194.18

CR-8 Cancelling taxes for certain 100% disabled veterans from the date of their disability and refunding taxes paid from that date to the present.

CR-9 Authorizing the Municipal Treasurer to issue a Current Fund warrant in the amount of $23,318.70 for purpose of paying semi-annual principal of $23,087.82 and interest of $230.88, due and payable October 12, 2008 on outstanding GREEN TRUST LOANS.

CR-10 Authorizing and directing the Municipal Treasurer to make necessary transfers and disbursements from the Current Fund in the amount of $41,524.96 for the purpose of paying a principal payment of $40,000.00 and a semi-annual interest payment of $1,524.96 on outstanding URBAN RENEWAL OBLIGATIONS issued October 1, 1969 and due and payable October 1, 2008.

CR-11 Ordering a warrant in the amount of $47.70 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 17 dog licenses issued in July, 2008.

CR-12 Ordering a warrant in the amount of $25.20 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 11 dog licenses issued in August, 2008.

CR-13 Ordering a warrant drawn on the Unemployment Trust Fund Account in the amount of $66,656.17 payable to the STATE OF NEW JERSEY DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE representing benefits charged to the City of Bayonne for quarter ending June 30, 2008.

CR-14 Ratifying and confirming the action of the treasurer in transferring the amount of $869.13 to the BANK OF NEW YORK to remit school interest payments on outstanding obligations with the HCIA.

CR-15 Amending resolution 08-06-18-047 authorizing an agreement with DYNAMIC TESTING SERVICES, INC., for drug testing, correcting the term of the contract from one year to two years.

CR-16 Amending the Agreement number with LIGHTHOUSE ENVIRONMENTAL SERVICES from FY 08-008 to FY 08-018, and said agreement to be extended until June 30, 2009.

CR-17 Fixing Wednesday, October 8, 2008 following the council caucus scheduled for 5:30 P.M. and the Dorothy E. Harrington Council Chambers, Municipal Building, as the time and place for the hearing of an appeal filed by EDUARDO ABAD from a decision of the Rent Control Board rendered July 15, 2008 regarding 92 West 33rd Street.

CR-18 Granting 1 Bingo licenses to qualified organizations.

CR-19 Granting 7 Raffle licenses to qualified organizations.

END OF CONSENT AGENDA

R-1 Awarding a contract for rock salt for city streets to ATLANTIC SALT, INC., the sole bidder, for the bid price of $68.90 per ton, not to exceed $413,400.00. Chargeable to Account PWPR- .

R-2 Awarding a contract for Snow Removal during snow emergency to Backhoe Services Inc., the sole bidder, for the bid price not to exceed $681,150.00 for one to three feet of snow and not to exceed $1,062,850.00 for three to six feet of snow. Chargeable to Account PWPR- .

R-3 Authorizing payment in the amount of $4,894.00 to DIGITAL DATA TECHNOLOGIES, INC., Columbus OH, for the police annual maintenance and support for the 0-1-1 mapping software. Chargeable to Account PS-9 and reimbursed by FY 2009 Enhanced 9-1-1 Grant.

R-4 Authorizing the Police Department to renew its annual contract with IN-SYNC SYSTEMS, Zelienople, PA, for annual maintenance and support for “Mobile Sync RMS” in the amount of $650.00. Chargeable to Account PS-9.

R-5 Authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION in the amount of $11,600.00 for insurance costs associated with operating the Senior Citizen Transportation Program for a one year period commencing October 1, 2008. Chargeable to Account CDBG-918.

R-6 Authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION in the amount of $30,800.00 for the purpose of providing funds to administer the Senior Citizen Transportation Program, funds to be used for salaries and fringe benefits for bus drivers for a one year period commencing October 1, 2008. Chargeable to Account CDBG-913.

R-7 Authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION in the amount of $100,000.00 for the reconstruction Head Start Basement area at 8th Street to provide for an indoor play facility for Head Start participants. Chargeable to Account CDBG-928.

R-8 Authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION in the amount of $24,995.00 to provide funds for Homeless Prevention for a one year period commencing October 1, 2008. Chargeable to Account ESG-902B.

R-9 Authorizing an agreement in the amount of $25,000.00 with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION for the purpose of providing funds for Fair Housing Counseling Services for a one year period commencing October 1, 2008. Chargeable to Account CDBG-922.

R-10 Authorizing a grant application to GREEN ACRES for a community park with soccer fields at the Peninsula at Bayonne Harbor.

R-11 Authorizing the UEZ Coordinator to submit a project entitled, “MARKETING PROGRAM PHASE IV.”

R-12 Amending the Shared Services Agreement with the BAYONNE LOCAL REDEVELOPMENT AUTHORITY.

R-13 Approving a Memorandum of Agreement between the City and the SCHOOL TRAFFIC GUARDS.

R-14 Approving a Change Order in the city’s contract with MOTOROLA pertaining to the communications center for portable face mask microphones and cable for the Fire Department in the amount of $8,995.20, and the exchange of multi-rack battery chargers to use the latest technology for a reduction of $1,863.50, making the revised total contract amount $7,186,857.23. Chargeable to Capital Bond # O-00-43.

R-15 Approving a Change Order in the city’s contract with IN LINE AIR CONDITIONING to include 5 radio infrastructure equipment locations for preventive and emergency services at $7,740.00 annually, making the total contract amount $63,150.00 per year. Chargeable to Account PS-9.

R-16 Supporting the application of the CAMERON GROUP to the NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY for funding through the Local Development Finance Fund sponsored by the Bayonne Economic Development Corporation.

R-17 Temporary Emergency Appropriation #2 in SFY 2009 budget.

R-18 Approving budgetary transfer #4 in SFY 2008 budget.

R-19 Endorsing a Street Naming and Property Numbering Master Plan for the PENINSULA AT BAYONNE HARBOR. (Concept of how streets at the Peninsula will be named and numbered)

R-20 Authorizing PSE&G to construct the Bayonne Lateral Pipeline Relocation Project crossing Newark Bay.

R-21 Authorizing appropriate administrative officers to determine and fix salaries for election overtime for the City Clerk’s office and related personnel.

R-22 Authorizing a closed session for the purpose of discussing potential and ongoing litigation.

R-23 Adjourning to Wednesday, October 8, 2008 following the council caucus scheduled for 5:30 P.M.