As of 11/6/2008 2:04 PM
CITY OF BAYONNE
CITY COUNCIL
REGULAR MEETING
November 12, 2008


REQUESTS TO ADDRESS THE COUNCIL


BUDGET HEARING

B-1 Hearing on the SFY 2009 Municipal Budget.

ORDINANCES SCHEDULED FOR HEARING

O-1 AN ORDINANCE ESTABLISHING A REVENUE ALLOCATION DISTRICT PURSUANT TO N.J.S.A. 52:27D-549 ET SEQ. AND SETTING FORTH CERTAIN PROVISIONS RELATED THERETO.

O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS. (Establishing automobile storage facilities for damaged and towed vehicles as permissible uses within the I-H Zone)

O-3 AN ORDINANCE AMENDING ORDINANCE O-07-45 ENTITLED, “ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON AUTHORIZING A LICENSE AGREEMENT WITH BAKER RESIDENTIAL FOR RIGHT OF ENTRY ONTO WEST 53RD STREET FOR PLACEMENT OF A TEMPORARY SALES CENTER AND RELATED PARKING LOT.” (Extending the license agreement period from 18 months to five years.)

O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE. (Establishing a minimum penalty of $750.00 for a first offense for a violation of Section 17-1.1 and 17-1.2 and 17-1.3, $1,000.00 for 2nd violation, and $1,250.00 for a third violation.)

O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE. (Adopting the provisions of the Abandoned Property Rehabilitation Act – NJSA 55:19-54)

O-6 AN ORDINANCE AUTHORIZING THE TRANSFER, BY WAY OF DEED OF EASEMENT, OF PORTIONS OF LAND NO LONGER NEEDED FOR PUBLIC USE ADJACENT TO 94 EAST 28TH STREET (BLOCK 431, LOT 14) WITHIN BLOCK 431 OF THE TAX MAPS OF THE CITY OF BAYONNE.

O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones)
DELETE
102. Walter Fennell, 131 West 22nd Street
ADD
149. George R. Behringer, for mother-in-law Irene Jabubowski, 130 West 54th St.

ORDINANCES PROPOSED FOR INTRODUCTION

O-8 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE CHAPTER 37, HISTORIC PRESERVATION; and a resolution fixing Wednesday, December 17, 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. (St. Vincent’s R.C. Church)

O-9 AN ORDINANCE PERMITTING STREET CLOSURES BY NEW JERSEY TRANSIT AT AVENUE E BETWEEN EAST 14TH STREET AND BROADWAY AND 8TH STREET BETWEEN AVENUE C AND BROADWAY AS NEEDED FOR THE COMPLETION OF THE 8TH STREET LIGHT RAIL SITE; and a resolution fixing Wednesday, December 17, 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.

O-10 AN ORDINANCE TO ADOPT THE NAMING OF EIGHT (8) STREETS AT THE PENINSULA AT BAYONNE HARBOR WHICH MAKE UP INITIAL ROAD CONSTRUCTION; and a resolution fixing Wednesday, December 17, 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.

O-11 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, December 17, 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
73. Stamatia Konstantopoulous, 286 Avenue C, Apt. C
122. William Griffin, 9 Willow Street
ADD
73. Fotios Konstantopoulos, 286 Avenue C, Apt. C
086. Elaine L. Carroll, 35 East 17th Street, Apt. #3F
091. Richard J. Tazzette, 6 Veterans Court
095. Hubert Sharkey, 39 West 10th Street, 2nd Floor
102. Richard Roles, 88 West 9th Street

O-12 AN ORDINANCE AMENDING ORDINANCE #O-08-33, AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, December 17, 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.

Space #27. Joseph Conley changed to #50.
Space #123. Elizabeth Zuber to #58
Space #226. Bruce Bigg from the Westside of 33rd Street to the Southside of 33rd Street and from extending to a point 49 feet to 12 feet.

COMMUNICATIONS

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

C-1 From STEVEN P. HADDAD, Esq., filing notice of tort claim on behalf of STEPHANIE GONZALEZ by her guardian ad litem, HELEN F. GONZALEZ, alleging injuries sustained July 28, 2008 in a fall at the skating rink at Branch Brook Park, Newark. (Bayonne Housing Authority program)

C-2 From CINDY A. HNATKO, filing notice of tort claim alleging personal injuries sustained July 1, 2008, resulting from being hit in the head by a softball while on the pitcher’s mound at the 16th Street Diamond.

C-3 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “LaSCALA and SAPONTZIS vs. BAYONNE POLICE DEPARTMENT, et. al.” (Alleging false arrest, etc. on March 18, 2007.)

C-4 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, “JESTER vs. ENGLISH PAVING COMPANY, THE CITY OF BAYONNE, et al.” (Fall in the street at East 19th Street and Broadway on September 22, 2006.)

C-5 From the Superior Court of New Jersey, Chancery Division, Summons and Complaint in matter entitled, “MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. as nominee for NOVASTAR MORTGAGE, INC. vs. ROLLINS, et. al. (Mortgage foreclose – city named for Community Development second mortgage.)

C-6 From the Superior Court of New Jersey, Chancery Division, Summons and Complaint in matter entitled, “FIRST ASSEMBLY OF GOD CHURCH vs. THE CITY OF BAYONNE and FEDERAL WARRANTY SERVICES CORP.” (Action to cancel a tax sale certificate on a tax exempt property)

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, Mayor, appointing RAMON VELEZ to the Rent Control Board; and a resolution consenting to the appointment. (5 year term expiring October 28, 2011, filling vacancy left by Christos Genes)

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.

OR-3 From Terrence Malloy, Finance Director, Certificate of Determination and Award reporting BOND ANTICIPATION NOTE SALE ($13,876,000 @ 5.875%), TAX-EXEMPT REFUNDING BOND ANTICIPATION NOTE SALE ($2,784,000 @ 5.875%), and FEDERALLY TAXABLE NOTE SALE ($6,200,000 @ 5.875%) held October 24, 2008.

OR-4 From Janet Convery, Treasurer, reporting on the transfer of $3,000,000.00 to the Board of Education on October 14, 2008 for payroll.

OR-5 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on October 28, 2008:
$3,500,000.00 Health Claims

RESOLUTIONS

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

CR-1 Approving the minutes of the regular meeting held Wednesday, October 15, 2008.

CR-2 Approving the minutes of the council caucus held Wednesday, October 8, 2008.

CR-3 Congratulating and recognizing SCHOOL #14 as being designated as a U.S. Department of Education NO CHILD LEFT BEHIND – BLUE RIBBON SCHOOL.

CR-4 Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (4 properties)
Block Lot Amount
56 20 $ 2,974.67
111 14 1,924.73
156 1 6,243.66
161 32 2,916.61
Total: $14,059.67

CR-5 Authorizing and directing the Municipal Treasurer to transfer the amount of $288,638.00 to the HUDSON COUNTY IMPROVEMENT AUTHORITY representing a lease payment due November 15, 2008 on a lease entered into by the City and the HCIA on June 1, 2004. (Central garage)

CR-6 Ordering a warrant drawn on the Unemployment Trust Fund Account in the amount of $ 27,318.82 payable to the STATE OF NEW JERSEY DIVISION OF UNEMPLOYMENT AND DISABILITY INSURANCE representing benefits charged to the City of Bayonne for quarter ending September 30, 2008.

CR-7 Ratifying and confirming the action of the Treasurer in transferring the amount of $2,111.04 to the BANK OF NEW YORK to remit school interest payments on outstanding obligations with the HCIA.

CR-8 Ratifying and confirming the action of the Treasurer in issuing a warrant to the TOWN CENTER MANAGEMENT CORPORATION in the amount of $72,500.00 for Special Improvement District taxes collected for the months of July, August, and September, 2008.

CR-9 Authorizing the Treasurer to issue a warrant payable to TOWN CENTER MANAGEMENT CORPORATION in the amount of $72,500.00 for Special Improvement District taxes collected for the months of October, November, and December, 2008.

CR-10 Authorizing the Purchasing Agent to put up for auction Online at GovDeals.com, various office electronics and equipment from Police, Fire and the Department of Public Works (Radios) and other assorted materials and equipment.

CR-11 Adopting calendar year 2009 caucus and council meeting schedule.

CR-12 Amending Resolution #08-09-24-079 changing the commencing date of October 1, 2006 to October 1, 2008. (Contract with B.E.O.F. for fair housing counseling services)

CR-13 Amending Resolution #08-03-19-043, authorizing the UEZ Coordinator to submit a project entitled, “FIRE FIGHTERS PROGRAM – PHASE II,” with the use of Zone funds not to exceed $395,000.00, to reflect a total project amount not to exceed $796,812.00.

CR-14 Amending Resolution #08-03-19-044, authorizing the UEZ Coordinator to submit a project entitled, “ENHANCED SECURITY PROGRAM – PHASE V,” with the use of Zone funds not to exceed $275,000.00, to reflect a total project amount not to exceed $639,236.00.

CR-15 Granting ** Bingo licenses to qualified organizations.

CR-16 Granting ** Raffle licenses to qualified organizations.

END OF CONSENT AGENDA

R-1 Approving a change order for Agreement #FY 07-045 with MOTOROLA for the city to maintain a small inventory of replacement parts for the Citywide Radio System Infrastructure in the amount of $77,723.05.

R-2 Authorizing the UEZ Coordinator to submit a project entitled “ECONOMIC STIMULUS PACKAGE – PHASE I” in an amount not to exceed $525,000.00.

R-3 Authorizing the UEZ Coordinator to submit a project entitled “NEW BUSINESS RECRUITMENT PROGRAM – PHASE I” in an amount not to exceed $88,000.00.

R-4 Authorizing an agreement with McMANIMON & SCOTLAND, LLC., Newark, NJ for professional legal services for an amount not to exceed $15,000.00 as special counsel in connection with the city’s BULK TAX LEVY SALE; and authorizing the Business Administrator to conduct the bulk sale. (Professional Services contract - notice of award to be published.)

R-5 Approving Temporary Emergency Appropriation #4 in the SFY 2009 budget.