As of 10/9/2009 2:35 PM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
OCTOBER 14, 2009


REQUESTS TO ADDRESS THE COUNCIL

RA-1 From LOLA FURFARO, requesting permission to address the council on the subject of parking on West 51st Street and converting the playground at 52nd Street and Avenue C to a public parking lot.

RA-2 From LEONARD R. KANTOR, requesting permission to address the council on the subject of city financies.

ORDINANCES SCHEDULED FOR HEARING

O-1 BOND ORDINANCE APPROPRIATING $7,744,750 FOR IMPROVEMENTS TO VARIOUS SCHOOL FACILITIES IN THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $7,744,750 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF.

O-2 AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 25, STREETS AND SIDEWALKS. (Minimum width and thickness of sidewalks) Engineer

O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones) Police
DELETE
060. Modesto Pompeo, 153 West 21st Street
092. Joseph Pompeo for his wife, Mary, 317 Avenue B
251. Deborah Dall’Ava, 480 Avenue A
256. Helen Drexler, 118 West 4th Street
ADD
074. Monica Elias for her daughter, Jillian Elias, 85 East 28th Street
075. Anthony Gallo, 131 West 54th Street
076. Joseph J. Bellotti, 43 East 26th Street
077. Theresa O’Keefe, 86 West 13th Street
101. Annunziata Laudando, 82 West 8th Street
123. Morris Glover, 82 West 44th Street
144. Lorraine Hoppey, 138 Prospect Avenue
178. Maureen P. Carter, 4 West 30th Street
ADDRESS CHANGE
195. John Gortatowski, from 165 Newman to 86 West 7th Street

TCMC TOWN CENTER MANAGEMENT CORPORATION budget for 2009-2010.

ORDINANCES PROPOSED FOR INTRODUCTION

O-4 ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY ADOPTING THE REDEVELOPMENT PLAN RELATING TO THE 401 HOOK ROAD REHABILITATION AREA; and a resolution fixing Tuesday, November 10, 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. Planning & Zoning

O-5 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING THE APPLICATION AND FINANCIAL AGREEMENT FOR TAX EXEMPTION OF BAYONNE ENERGY CENTER URBAN RENEWAL, LLC FOR THE CONSTRUCTION OF A POWER GENERATING PLANT LOCATED ON BLOCK 482, LOT 9 IN THE CITY; and a resolution fixing Tuesday, November 10, 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. Planning & Zoning

O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION; and a resolution fixing Tuesday, November 10, 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. (Departmental structure) Mayor

O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Tuesday, November 10, 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) Police
DELETE
278. Patricia McDougal, 19 West Drive
ADD
205. Theodore Kucharski, 42 East 16th Street
211. Mary B. Moussa, 27 East 27th Street
242. Vincent D’Amico. 15 Avenue E, Apt. 1-C
256 John Burroughs, 40 West 18th St.

COMMUNICATIONS

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

C-1 From the Superior Court of New Jersey, Law Division, Special Civil Part, Summons and Complaint in matter entitled, “HYRNYK vs. THE CITY OF BAYONNE.” (Damage to automobile windshield from fallen tree branch at 371 Avenue A.)

C-2 From the United States District Court, District of New Jersey, Summons and Complaint in matter entitled, “DELBRIDGE, et al. vs. OFFICER WHITAKER, et al., incl. THE CITY OF BAYONNE.” (Assault and unlawful arrest on July 8, 2009.)

C-3 From the Tax Court of New Jersey, complaint in matter entitled, “SCANCALEPORE vs. CITY OF BAYONNE.” (44 Ave. C, Block 369, lot 8.09 – 1-4 family residential)

C-4 From the Tax Court of New Jersey, complaint in matter entitled, “CRAWFORD vs. CITY OF BAYONNE.” (91 Oak Street, Block 473.02, lot 26 – 1-4 family residential)

C-5 From the Tax Court of New Jersey, complaint in matter entitled, “CLARKIN vs. CITY OF BAYONNE.” (33 East 42nd Street, Block 94, lot 10 – 1-4 family)

C-6 From the Tax Court of New Jersey, complaint in matter entitled, “BAJWA vs. CITY OF BAYONNE.” (14 Elm Court, Block 473.02, lot 12 – 1-4 family residential)

C-7 From the Tax Court of New Jersey, complaint in matter entitled, “BAJWA vs. CITY OF BAYONNE.” (6 Elm Court, Block 473.02, lot 8 – 1-4 family residential)

C-8 From the Tax Court of New Jersey, complaint in matter entitled, “FERRARO vs. CITY OF BAYONNE.” (12 Elm Court, Block 473.02, lot 11 – 1-4 family residential)

C-9 From the Tax Court of New Jersey, complaint in matter entitled, “GRAHAM vs. CITY OF BAYONNE.” (20 West 41st Street, Block 101, lot 28 – 1-4 family residential)

C-10 From the Tax Court of New Jersey, complaint in matter entitled, “FAROOQI vs. CITY OF BAYONNE.” (26 Elm Court, Block 473.02, lot 18 – 1-4 family residential)

C-11 From the Tax Court of New Jersey, complaint in matter entitled, “FAROOQI vs. CITY OF BAYONNE.” (89 Oak Street, Block 473.02, lot 27 – 1-4 family residential)

C-12 From the Tax Court of New Jersey, complaint in matter entitled, “FAROOQI vs. CITY OF BAYONNE.” (30 Elm Court, Block 473.02, lot 20 – 1-4 family residential)

C-13 From the Tax Court of New Jersey, complaint in matter entitled, “FAROOQI vs. CITY OF BAYONNE.” (24 Elm Court, Block 473.02, lot 17 – 1-4 family residential)

C-14 From the Tax Court of New Jersey, complaint in matter entitled, “FAROOQI vs. CITY OF BAYONNE.” (3 Elm Court, Block 473.02, lot 23 – 1-4 family residential)

C-15 From the Tax Court of New Jersey, complaint in matter entitled, “SCHEPER vs. CITY OF BAYONNE.” (2 Parkside Lane , Block 228, lot 1 – 1-4 family residential)

C-16 From the Tax Court of New Jersey, complaint in matter entitled, “SAID vs. CITY OF BAYONNE.” (66 Evergreen Street, Block 321, lot 29 - 1-4 family residential)

C-17 From the Tax Court of New Jersey, complaint in matter entitled, “MICHEAL vs. CITY OF BAYONNE.” (689 Avenue E, Block 90, lot 21 – 1-4 family residential)

C-18 From the Tax Court of New Jersey, complaint in matter entitled, “HANN vs. CITY OF BAYONNE.” (40 East 27th Street, Block 179, lot 30 – 1-4 family residential)

C-19 From the Tax Court of New Jersey, complaint in matter entitled, “BOLES vs. CITY OF BAYONNE.” (175 West 22nd Street, Block 192, lot 5 – 1-4 family residential)

C-20 From the Tax Court of New Jersey, complaint in matter entitled, “NOWINSKI vs. CITY OF BAYONNE.” (68 West 3rd Street, Block 367, lot 21 – 1-4 family residential)

C-21 From the Tax Court of New Jersey, complaint in matter entitled, “QURESHI vs. CITY OF BAYONNE.” (16 East 15th Street, Block 253, lot 41 – 1-4 family residential)

C-22 From the Tax Court of New Jersey, complaint in matter entitled, “A BENSTER CO. vs. CITY OF BAYONNE.” (808 Avenue A, Block 129, lot 4 – 1-4 family residential)

C-23 From the Tax Court of New Jersey, complaint in matter entitled, “INN vs. CITY OF BAYONNE.” (11 West 41st Street, Block 97, lot 17 – 1-4 family residential)

C-24 From the Tax Court of New Jersey, complaint in matter entitled, “KAWWA vs. CITY OF BAYONNE.” (16 Elm Court, Block 473.02, lot 13 – 1-4 family residential)

C-25 From the Tax Court of New Jersey, complaint in matter entitled, “SANDOVAL vs. CITY OF BAYONNE.” (25 East 26th Street, Block 179, lot 3 – 1-4 family residential)

C-26 From the Tax Court of New Jersey, complaint in matter entitled, “DEPOALO vs. CITY OF BAYONNE.” (162 West 10th Street, Block 274, lot 31 - residential)

C-27 From the Tax Court of New Jersey, complaint in matter entitled, “BUBNIS vs. CITY OF BAYONNE.” (182-184 Avenue E, Block 458, lot 2 – commercial)

C-28 From the Tax Court of New Jersey, complaint in matter entitled, “KHALIL vs. CITY OF BAYONNE.” (47 East 49th Street, Block 58, lot 9 - commercial)

C-29 From the Tax Court of New Jersey, complaint in matter entitled, “ARF REALTY MANAGEMENT, LLC vs. CITY OF BAYONNE.” (696-698 Kennedy Boulevard, Block 177, lot 47 - commercial)

C-30 From the Tax Court of New Jersey, complaint in matter entitled, “CHENG vs. CITY OF BAYONNE.” (401 Broadway, Block 231, lot 26 - commercial)

C-31 From the Tax Court of New Jersey, complaint in matter entitled, “CHRISTOPHER vs. CITY OF BAYONNE.” (350 Broadway, Block 241, lot 1.02 - commercial)

C-32 From the Tax Court of New Jersey, complaint in matter entitled, “BURAKOVSKY vs. CITY OF BAYONNE.” (577-581 Broadway, Block 178, lot 25.01- commercial)

C-33 From the Tax Court of New Jersey, complaint in matter entitled, “BURAKOVSKY vs. CITY OF BAYONNE.” (549-555 Broadway, Block 183, lot 15 - commercial)

C-34 From the Tax Court of New Jersey, complaint in matter entitled, “BURAKOVSKY vs. CITY OF BAYONNE.” (542 Broadway, Block 190, lot 6 - commercial)

C-35 From the Tax Court of New Jersey, complaint in matter entitled, “BURAKOVSKY vs. CITY OF BAYONNE.” (687 Avenue A, Block 155, lot 37- commercial)

C-36 From the Tax Court of New Jersey, complaint in matter entitled, “PARKVIEW REALTY HOLDINGS, LLC vs. CITY OF BAYONNE.” (Foot of East 23rd Street & Avenue E, Block 445, lot 4 - vacant)

C-37 From the Planning Board, REDEVELOPMENT PLAN FOR 401 HOOK ROAD REDEVELOPMENT AREA. (Bayonne Energy Center – Agenda Items O-4 & O-5 above)

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, Mayor, appointing LISA McMURRAY to the Local Redevelopment Authority for a five year term commencing September 16, 2009; and a resolution consenting to the appointment. (Replaces Nicholas Mangelli) Mayor

OR-2 From Hon. Mark A. Smith, Mayor, reappointing COUNCIL MEMBER TERRENCE RUANE and appointing COUNCIL MEMBER JOHN J. HALECKY to the Local Redevelopment Authority for a one year term commencing October 16, 2009; and a resolution consenting to the appointments. Mayor

OR-3 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-4 From Terrence Malloy, CFO, CERTIFICATION OF DETERMINATION AND AWARD of note sale held September 4, 2009. ($13,424,000 Bond Anticipation Notes @ 1.75%; $4,198,000 Refunding Bond Anticipation Notes @ 1.75%) Finance

RESOLUTIONS

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

CR-1 Approving the minutes of the regular meeting held Wednesday, September 23, 2009. City Clerk

CR-2 Approving the minutes of the council caucus held Wednesday, September 16, 2009. City Clerk

CR-3 Dedicating the Harborview Park at the Peninsula at Bayonne Harbor as MAYOR JAMES J. DONOVAN PARK. Mayor

CR-4 Appointing GREGORY ROBERTS as the Planning Board member of the COAH MEDIATION COMMITTEE. (Committee established at September 23, 2009 meeting.)

CR-4 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (3 properties) Tax Collector
Block Lot Amount
47 8.408 $1,972.65
180 33 1,500.50
378 12 6,204.05
Total: $9,677.20

CR-5 Ordering warrants representing refunds of overpayment of taxes due to judgments rendered by the Hudson County Tax Board. (9 properties) Tax Collector
Block Lot Amount
17 1 $3,382.94 (09)
47 8.427 4,558.80 (09)
60 19 4,873.20 (09)
121 47 1,886.40 (09)
190 7 67.11 (09)
205 6 4,825.21 (09)
326 1 5,558.59 (09)
335 16 2,320.27 (09)
361 5 1,559.42 (09)
Total: $29,031.94 (09)

CR-6 Authorizing a warrant in the amount of $8,853.00 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-7 Authorizing the Purchasing Agent to offer for sale on GOV DEALS.COM, items no longer needed for public use such as: photocopiers, fax and computer printers, typewriters, and other office equipment and supplies, pursuant to NJSA 40A:11-36. Purchasing

CR- Ratifying and confirming the action of the Police Department in conducting an auction of vehicles no longer needed for public use. Police

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

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

END OF CONSENT AGENDA

R-1 Authorizing an agreement with PAUL WERTHER, ESQ., Mendham, NJ, for professional legal services to the Planning and Zoning Boards in connection with litigation, redevelopment and other land use matters at an hourly rate of $185.00, for a total amount not to exceed $50,000.00. Chargeable to Accounts M-4 and M-6. (Professional Services contract - notice of award to be published.) Planning & Zoning

R-2 Awarding a contract for terrazzo flooring at the Bayonne Community Museum to D.MAGNAN & CO., Mt. Vernon, NY, the sole bidder, for the bid price not to exceed $174,700.00. Chargeable to Account Hudson County Open Space Trust Fund – Museum. PWPR

R-3 Authorizing an agreement with the law firm of MCMANIMON & SCOTLAND, LLC, Newark, NJ, for professional legal services as special bond counsel and as special counsel for a one-year period commencing July 1, 2009, payable from Various Capital Bond Ordinances and other accounts. (Professional Services contract - notice of award to be published.) Law

R-4 Authorizing an Agreement with DONOHUE, GIRONDA & DORIA, CPAs to audit books, accounts and financial transactions for the fiscal year 2010 in the amount of $78,500 for a one year period commencing July 1, 2009. Chargeable to Account - Budget and Accounting Fees and CDBG. Finance

R-5 Authorizing an agreement for professional consulting engineering services for a one year period commencing July 1, 2009 to the following firms: T&M Associates Middletown NJ; Dewberry-Goodkind, Inc., Parsippany NJ; Pennoni Associates, Inc., Cedar Knolls NJ Birdsall Services Group – LGA Engineering Lakewood NJ. Chargeable to various accounts. (Professional Services contract - notice of award to be published.)

R-6 Authorizing an agreement with the BAYONNE MASONIC TEMPLE – PENINSULAR LODGE #99 F & AM, for the purchase and installation of a kitchen hood system and fire suppression system in their facility located at 888 Avenue C, in an amount not to exceed $20,000.00 for a one year period commencing October 1, 2009. Chargeable to Account #CDBG-929. CDBG

R-7 Authorizing an agreement with the FLOURNOY GETHERS POST #7470, for the purpose of providing funds for handicapped bathrooms in their facility located at 33-35 West 19th Street, in an amount not to exceed $50,000.00 for a one year period commencing October 1, 2009. Chargeable to Account #CDBG-929. CDBG

R-8 Authorizing an agreement with UNITED CEREBRAL PALSY OF HUDSON COUNTY, to provide in-home respite care, transportation and other services to disabled adults, in the amount of $10,000.00 for a one year period commencing October 1, 2009. Chargeable to Account #CDBG-923. CDBG

R-9 Authorizing an agreement with the HUDSON COUNTY CHILD ABUSE CENTER, Jersey City, NJ, for a comprehensive child abuse prevention program, in the amount of $5,000.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-420. CDBG

R-10 Authorizing an agreement with the BAYONNE COMMUNITY MENTAL HEALTH CENTER, for addiction counseling services for low and moderate income adolescents, in the amount of $10,000.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-814A. CDBG

R-11 Authorizing an agreement with the BAYONNE COMMUNITY MENTAL HEALTH CENTER, for services to emotionally disturbed children and their families, in the amount of $16,400.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-814. CDBG

R-12 Authorizing an agreement with the WINDMILL ALLIANCE, INC., for the HIGHWAYS Program which provides counseling, crisis and intervention, and support services for needy individuals and their families, in the amount of $20,000.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-914. CDBG

R-13 Authorizing an agreement with the JEWISH FAMILY AND COUNSELING SERVICES, to provide funds for in-home services to the elderly, in the amount of $9,600.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-600. CDBG

R-14 Authorizing an agreement with the BAYONNE JEWISH COMMUNITY CENTER, for after school day care for children of low and moderate income families, in the amount of $5,000.00 for a one year period commencing November 1, 2009. Chargeable to Account #CDBG-823. CDBG

R-15 Authorizing an agreement with the PALISADES EMERGENCY RESIDENCE CORPORATION, Union City, NJ, for operating costs associated with ST. JOHN’S SHELTER FOR THE HOMELESS in the amount of $5,000.00 for a one year period commencing November 1, 2008. Chargeable to Account #ESG-902D. CDBG

R-16 Authorizing an agreement with the BAYONNE FAMILY COMMUNITY CENTER, for operating expenses for the provision of rooms for the homeless, in the amount of $33,525.00 for a one year period commencing November 1, 2009. Chargeable to Account #ESG-902A. CDBG

R-17 Authorizing an agreement with CATHOLIC CHARITIES OF THE ARCHDIOCESES OF NEWARK, for operational costs associated with housing homeless women and children at ST. LUCY’S and HOPE HOUSE, in the amount of $20,000.00 for a one year period commencing November 1, 2009. Chargeable to Account #ESG-902G. CDBG

R-18 Authorizing an agreement with J. PEAT & ASSOCIATES, INC. for the administration of a flexible spending account program for municipal employees. Business Administrator

R-19 Authorizing the Mayor to execute any and all documents necessary to participate in the PSE&G DIRECT INSTALL PROGRAM FOR GOVERNMENT FACILITIES. PWPR

R-20 Amending Agreement No. FY 09-055 with CHASAN LEYNER LAMPARELLO, PC, for professional legal services increasing the total authorized amount of the contract in an amount not to exceed $50,000.00, making the total contract amount not to exceed $120,000.00. Chargeable to Account #DL-4. Law

R-21 Approving Temporary Emergency Appropriation #3 in the SFY 2010 budget. Finance

R-22 Creating a Dedication By Rider in the SFY 2010 budget for the WOMEN’S HEALTH CENTER. Finance

R-23 Canceling balances in Bond Ordinances O-07-06, AUTHORIZING THE GUARANTY OF NOT EXCEEDING $9,000,000 AGGREGATE PRINCIPAL AMOUNT OF BAYONNE MEDICAL CENTER PARKING GARAGE LEASE REVENUE BONDS, SERIES 2007, and O-07-28, REFUNDING OF CERTAIN UNFUNDED PENSION LIABILITIES OF THE BOARD OF EDUCATION. Finance

R-24 Designating CHARLES M. D’AMICO, Law Director as deputy custodial of records for all OPRA requests pertaining to pending or anticipated litigation. Law

R-25 Recessing to a closed meeting to discuss pending litigation. (Tax appeals)