As of 12/16/2009 1:44 PM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
DECEMBER 16, 2009


REQUESTS TO ADDRESS THE COUNCIL

RA-1 From GAIL GODESKY, requesting permission to address the council on the subject of American Cancer Society Relay for Life 2010.

RA-2 From KATHLEEN HENDERSON, requesting permission to address the council on the subject of animal welfare.

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) Police
DELETE
077. Ronald J. Gore, 49 West 4th Street
198. John Nowicki, 26 West 19th Street
ADD
060. Jose A. Turcios, 69 West 21St Street
092. Diane Vanderburg, 88 West 53rd Street (being deleted & replaced)

ORDINANCES PROPOSED FOR INTRODUCTION

O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 15, BUILDING AND HOUSING; and a resolution fixing Wednesday, January 20, 2010 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. (Illegal dwelling units) Mayor

O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 15, BUILDING AND HOUSING; and a resolution fixing Wednesday, January 20, 2010 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. (Relocation Assistance) Mayor

O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE (Adopting International Property Maintenance Code) Mayor

O-5 AN ORDINANCE PERMITTING A TAX EXEMPTION FOR A COMMERCIAL UNIT KNOWN AS BLOCK 272, LOT 19.01, QUALIFIER C1L, LOCATED AT 251-259 BROADWAY, BAYONNE, NEW JERSEY PURSUANT TO CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS; and a resolution fixing Wednesday, January 20, 2010 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.

O-6 AN ORDINANCE PERMITTING A TAX EXEMPTION FOR A COMMERCIAL UNIT KNOWN AS BLOCK 272, LOT 19.01, QUALIFIER C1R, LOCATED AT 251-259 BROADWAY, BAYONNE, NEW JERSEY PURSUANT TO CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS; and a resolution fixing Wednesday, January 20, 2010 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.

O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, January 20, 2010 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
006. James Moriarty, 10 East 3rd Street
050. Joseph E. Conley, 125 West 19th Street
051. Claudio Larino, 73 West 14th Street
068. Robert Gricko, 131 West 54th Street
071. Mahmoud Eldoki, 570 Avenue C
080. Richard Venus, 387 Avenue E
194. Lucille Cozine, 31 East 48th Street
205. Theodore Kucharski, 42 East 16th Street
210. Raymond Kiesnowski, for his mother in law, Margaret Ruszkowski, 16 West 15th Street
226. Bruce T. Bigg, 70 West 33rd Street
ADD
092. Diane M. Vanderburg, 88 West 53rd Street
251. Joseph Castagna, 76 West 25th Street
AMEND
178. Maureen P. Carter, 4 West 30th Street
Change address to 44 West 30th Street.
242. Vincent D’Amico, 15 Avenue E, Apt. 1C
Change address to 51 Avenue E, Apt. 1C.

COMMUNICATIONS

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

C-1 From Raye D. Futerfas, Esq., filing notice of tort claim on behalf of LINDA M. GONZALEZ, alleging injuries sustained August 2, 2009 in a fall on the sidewalk at 435 Broadway.

C-2 From John E. Molinari, Esq., filing notice of tort claim on behalf of CHADROUTIE RAMDAT, alleging injuries sustained September 21, 2009 in an accident with a school bus at Avenue C and West 54th Street.

C-3 From Paul Femia, Esq., filing notice of tort claim on behalf of ERIC C. CARNEY, alleging injuries sustained August 17, 2009 in an accident involving an open sewer grate on Route 440 South.

C-4 From MUHAYMIN R. DUKES, filing notice of tort claim alleging property damage to his automobile on October 6, 2009, resulting from it being struck by a tree branch at 885 Kennedy Boulevard.

C-5 From FAZAL A. BUKHARI, filing notice of tort claim alleging property damage to his vehicle and seeking reimbursement for being towed on November 17, 2009, resulting from his vehicle being towed from a construction site at 47 East 48th Street.

C-6 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “CRESCI vs. THE CITY OF BAYONNE.” (OPRA records request sent on September 25, 2009.)

C-7 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “MONCHAK vs. COTTER, THE CITY OF BAYONNE et al.” (sidewalk falldown at 78 Trask Avenue on March 27, 2007)

C-8 From the Tax Court of New Jersey, complaint in matter entitled, “PERD, LP vs. CITY OF BAYONNE.” (22 condominium units at 900-902 Avenue C, Block 97, lot 45.01, et al. – 1-4 family residences)

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 JASON O’DONNELL as Director of the Department of Municipal Services; and a resolution consenting to the appointment. Mayor

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 Terrence Malloy, CFO, CERTIFICATE OF DETERMINATION AND AWARD of sale of Temporary Notes held November 20, 2009. ($6,632,065 @ 2.6%; $1,112,685 federally taxable @ 3.25%) Finance

OR-4 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on November 5, 2009:
$4,565,000.00 Claims & Payroll for November

OR-5 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on November 30, 2009:
$7,000,000.00 Capital Projects

OR-6 From the Purchasing Department reporting on bids received November 24, 2009 for snow removal during snow emergencies. (1 bidder) Purchasing

OR-7 From the Purchasing Department reporting on bids received December 1, 2009 for antenna rental space. (1 bidder) Purchasing

RESOLUTIONS

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

CR-1 Approving the minutes of the regular meeting held Tuesday, November 10, 2009. City Clerk

CR-2 Approving the minutes of the council caucus held Wednesday, November 4, 2009. City Clerk

CR-3 Appointing council members JOHN J. HALECKY and TERRENCE P. RUANE to the BOARD OF SCHOOL ESTIMATE for the period commencing January 1, 2010 and ending June 30, 2010. Council

CR-4 Appointing RANDY JOSKOWITZ to the Board of Adjustment replacing Irene Pyke, resigned, for a term expiring December 31, 2011. Council

CR-5 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (11 properties) Tax Collector
Block Lot Amount
35 27.01 $1,631.37
63 2.126 682.63
98 37 1,732.40
125 8 1,925.05
165 31 250.00
230 40 13,238.42
244 36 2,301.32
254 24 810.23
290 24.01 2,171.89
346 7 1,360.04
371 31 253.33
Total: $26,356.68

CR-6 Ordering a warrant in the amount of $42.60 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 13 dog licenses issued in September, 2009. Health

CR-7 Ordering a warrant in the amount of $30.00 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 15 dog licenses issued in October, 2009. Health

CR-8 Ordering a warrant in the amount of $6.00 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 1 dog license issued in November, 2009. Health

CR-9 Ratifying and confirming the action of the Treasurer in issuing a warrant in the amount of $4,025.00 payable to PAMRAPO SAVINGS BANK for US Savings Bonds to be awarded as prizes for the Fire Prevention Poster contest. Fire

CR-10 Ratifying and confirming the action of the Treasurer in issuing a warrant payable to the COUNTY OF HUDSON in the amount of $7,004,447.57 representing payment of fourth quarter 2009 taxes. Finance

CR-11 AUTHORIZING THE SUBMISSION OF ANNUAL ACTION PLAN AMENDMENTS PURSUANT TO THE REQUIREMENTS OF FEDERAL REGULATION 24 CFR PART 91 (regarding an agreement with UNITED CEREBRAL PALSY to indicate that the services are being provided for the pediatric day care service, not to provide in-home respite care, transportation and other services to disabled adults.) Community Development

CR-12 Amending resolution No. 09-08-12-088 authorizing an agreement with UNITED CEREBRAL PALSY using American Recovery and Reinvestment Act of 2009 funds, to indicate that the services are being provided for the pediatric day care service, not to provide in-home respite care, transportation and other services to disabled adults. Community Development

CR-13 Granting 3 Bingo licenses to qualified organizations. City Clerk

CR-14 Granting 15 Raffle licenses to qualified organizations. City Clerk

END OF CONSENT AGENDA

R-1 Withdrawn.

R-2 Authorizing an agreement with BC SYSTEMS, INC. for computer engineering services for a one year period commencing July 1, 2009 in the amount of $30,900.00 payable in monthly installments of $2,575.00. Chargeable to Account BA-2. (Extraordinary Unspecifiable Services (EUS) Contract, notice of its award will be published.) Finance

R-3 Authorizing an agreement with SPATIAL DATA LOGIC for the purchase of Municipal Management Software for the amount of $40,000.00 with a $10,000.00 discount if the purchase order issues by December 31, 2009, for a net contract price of $30,000.00. Chargeable to various accounts. (Extraordinary Unspecifiable Services (EUS) Contract, notice of its award will be published.) Mayor

R-4 Authorizing an agreement with ROYAL PRINTING SERVICE, West New York, NJ, for printing related to the Municipal Election, May 11, 2010 including nominating petitions, ballots and related printing needs, for an amount not to exceed $62,000.00. Chargeable to Account - City Clerk Election. City Clerk

R-5 Authorizing an agreement with the BAYONNE COMMUNITY DAY CARE CENTER in the amount of $50,000.00 to provide day care services for approximately 100 pre-school children from low and moderate income families. Chargeable to Account CDBG-413. Community Development

R-6 Authorizing an agreement with the VIET NAM VETERANS OF AMERICA in an amount not to exceed $6,000.00 for replacement of the stairwell roof at their premises located at 17 West 7th Street. Chargeable to Account CDBG-929. Community Development

R-7 Authorizing an agreement with JOHN J. SMITH, ESQ. for professional legal services as counsel to the Rent Control Board for a one year period commencing July 1, 2009 for a total contract amount of $15,000.00. Chargeable to Account M-16. Law Department

R-8 Amending Agreement No. FY ‘09-023 with NOWELL, AMOROSO, KLEIN, BIERMAN, PA, for legal services in connection with State Tax Court Appeals, increasing the contract amount in the amount of $101,360.20, making the total contract amount $156,360.20. Chargeable to Account DL-4. Law

R-9 Authorizing the Director of Municipal Services to apply for additional grant funds in the amount of $85,511 from the COUNTY OF HUDSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES for calendar year 2009. Health

R-10 Authorizing the Director of Municipal Services to grant additional funds as allocated by the County of Hudson in the amount of $74,025.00 to the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION (BEOF) for the senior citizens nutrition program for calendar year 2009. Health

R-11 Authorizing the acceptance of an additional $4,000.00 from the COUNTY OF HUDSON, DEPARTMENT OF HEALTH AND HUMAN SERVICES for services related to social services for the elderly for calendar year 2009. Health

R-12 Authorizing the acceptance of grant funds in the amount of $25,000.00 from the STATE OF NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES for services related to family planning services for the Women’s Health Center for calendar year 2009. Health

R-13 Approving Temporary Emergency Appropriation No. 5 in the SFY 2010 budget. Finance

R-14 Canceling taxes on Block 183, lot 33, 582 Avenue C, BAYONNE COMMUNITY ACTION project, effective March 1, 2009 pursuant to a PILOT Agreement approved April 27, 2005. Tax Assessor

R-15 Canceling a portion of 2009 taxes for properties that qualified for a five year tax exemption after the 2009 assessing date: Tax Assessor
Block 320, lot 4 45 Evergreen Street
Block 25, lot 30 128 West 56th Street
Block 319, lot 19 28 Evergreen Street
Block 219, lot 51 506 Kennedy Boulevard

R-16 Authorizing the execution of an Escrow Agreement with BAYONNE ENERGY CENTER URBAN RENEWAL, LLC in connection with the 401 Hook Road Redevelopment Project. McManimon & Scotland

R-17 Authorizing the council to meet in closed session for the purpose of discussing pending litigation and collective bargaining negotiations.

R-18 Approving settlement of State Tax Court Appeals and authorizing further action in connection therewith. Tax Assessor