CITY OF BAYONNE CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2011

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1 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 2011 Post Meeting Agenda ORDINANCES SCHEDULED FOR HEARING O-1 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 3, POLICE REGULATIONS. (Motor vehicle idling) Law ORDINANCES PROPOSED FOR INTRODUCTION O-2 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, October 19, 2011 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. (Changes to recent no parking areas at the Shop Rite at 26 th Street) Engineer O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE; and a resolution fixing Wednesday, October 19, 2011 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. (Requiring food licensed premises to furnish and maintain a trash receptacle) Business Administration O-4 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 17, PROPERTY MAINTENANCE; and a resolution fixing Wednesday, October 19, 2011 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. (Requiring fencing around vacant properties) Business Administration O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 5, ANIMAL CONTROL; and a resolution fixing Wednesday, October 19, 2011 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. (Feral cat program) Law O-6 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, October 19, 2011 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 198. George Maldonado, 38 West 17th Street 227. Henry Harris, 121 West 6th Street 240. Jose N. Ordonez ADD 043. Dennis McGuire, 114 Lexington Avenue 111. Mary J. Silvani, 76 Andrew Street 172. Baher H. Shaarawy, 84 Andrew Street, Apt. # Filomena Carpenter, 23 West 33rd Street 264. Denise Alicea, 423 Avenue C, Apt Patricia Russotto, 96 Evergreen Street 279. Alfreda M. Elliott for her mother, Sally Smith, 438 Avenue C, Apt. #1 O-7 AN ORDINANCE TO CHANGE THE NAME OF ONLY THAT SECTION OF CHURCH LANE THAT LIES BETWEEN 22nd and 23rd STREETS FROM CHURCH LANE TO BLESSED POPE JOHN PAUL II LANE; and a resolution fixing Wednesday, October 19, 2011 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. Council

2 Page 2 of 7 COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Karen DeSoto, Esq., filing notice of tort claim on behalf of TYRIEK PORCH, alleging injuries sustained April 13, 2011 in an arrest at 30 Lord Avenue. C-2 From WILLIAM E. GOLDEN, JR., filing notice of tort claim alleging property damage to his automobile on June 20, 2011, resulting from driving over a large chunk of curbing/sidewalk in the middle of the street at East 32 nd Street near Avenue E. C-3 From MARIA L. VALLADARES, filing notice of tort claim alleging property damage to the railing on her porch railing on June 9, 2011, resulting from a truck striking low hanging telephone wires that had been attached to the railing by the Fire Department at 26 West 38 th Street. C-4 From JAMES H. WHITAKER, filing notice of tort claim alleging property damage to his automobile on May 10, 2011, resulting from it being struck by an unsecured road work sign at 396 Avenue E. C-5 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, SCHMITTLER vs. LIPYANKA, et al., incl. THE CITY OF BAYONNE. (Sidewalk fall down at 177 Avenue B on July 29, 2009.) C-6 From the Superior Court of New Jersey, Law Division, Special Civil Part, Small Claims Section, Summons and Complaint in matter entitled, RIGAIL vs. THE CITY OF BAYONNE. C-7 From the Tax Court of New Jersey, complaint in matter entitled, RICHMOND COUNTY SAVINGS BANK vs. CITY OF BAYONNE. ( Broadway, Block 216, lot 3 - C-8 From the Tax Court of New Jersey, complaint in matter entitled, RICHMOND COUNTY SAVINGS BANK vs. CITY OF BAYONNE. ( Broadway, Block 81, lot 18 - C-9 From the Tax Court of New Jersey, complaint in matter entitled, RICHMOND COUNTY SAVINGS BANK vs. CITY OF BAYONNE. ( Broadway, Block 330, lot 17 - C-10 From the Tax Court of New Jersey, complaint in matter entitled, TWO PALISADES ASSOCIATES c/o GOLDMAN vs. CITY OF BAYONNE. ( Broadway, Block 221, lot 6 - vacant) C-11 From the Tax Court of New Jersey, complaint in matter entitled, CHOHAN, SHAHID & GHAZALA vs. CITY OF BAYONNE. (924 Broadway, Block 90, lot 45 - C-12 From the Tax Court of New Jersey, complaint in matter entitled, 636 AVENUE C, LLC vs. CITY OF BAYONNE. (636 Avenue C, Block 167, lot 45 - C-13 From the Tax Court of New Jersey, complaint in matter entitled, 640 REALTY, LLC vs. CITY OF BAYONNE. (640 Avenue C, Block 167, lot 44 multi-family) C-14 From the Tax Court of New Jersey, complaint in matter entitled, 285 REALTY, LLC vs. CITY OF BAYONNE. ( Broadway, Block 264, lot 17 -

3 Page 3 of 7 C-15 From the Tax Court of New Jersey, complaint in matter entitled, JAMES P. DUGAN vs. CITY OF BAYONNE. ( West 51 st Street, Block 42, lot 1 - vacant) C-16 From the Tax Court of New Jersey, complaint in matter entitled, ADIMOOLAM vs. CITY OF BAYONNE. (789 Broadway, Block 126, lot 21) C-17 From the Tax Court of New Jersey, complaint in matter entitled, IYENGAR vs. CITY OF BAYONNE. (1 Joan Ree Terrace, Block 138, lot 41 - residential) C-18 From the Tax Court of New Jersey, complaint in matter entitled, FLEET NATIONAL BANK c/o BANK OF AMERICA vs. CITY OF BAYONNE. ( Broadway, Block 85, lot 23 - C-19 From the Tax Court of New Jersey, complaint in matter entitled, RITE AID OF NJ, INC. vs. CITY OF BAYONNE. ( Broadway, Block 31, lots C-20 From the Tax Court of New Jersey, complaint in matter entitled, IDEAL WINDOW MANUFACTURING vs. CITY OF BAYONNE. ( West 7 th Street, Block 314, lot industrial) C-21 From the Tax Court of New Jersey, complaint in matter entitled, DRAGONWOOD LLC c/o IDEAL WINDOW MANUFACTURING vs. CITY OF BAYONNE. (77-99 Linnett Street, Block 308, lots industrial) C-22 From the Tax Court of New Jersey, complaint in matter entitled, FBV, INC. c/o RITE AID CORPORATION vs. CITY OF BAYONNE. ( Broadway, Block 210, lot C-23 From the Tax Court of New Jersey, complaint in matter entitled, SHOP RITE AT 26 TH STREET c/o CVS PHARMACIES vs. CITY OF BAYONNE. ( Avenue C, Block 189, lots 27, & C-24 From the Tax Court of New Jersey, complaint in matter entitled, BANK OF AMERICA vs. CITY OF BAYONNE. ( Broadway, Block 145, lot 13, - C-25 From the Tax Court of New Jersey, complaint in matter entitled, JTK PROPERTIES vs. CITY OF BAYONNE. ( Broadway, Block 113, lot 16 - C-26 From the Tax Court of New Jersey, complaint in matter entitled, 930 KENNEDY BLVD APRTMNTS INC. vs. CITY OF BAYONNE. (930 Kennedy Boulevard, Block 118, lot 1 multi-family) C-27 From the Tax Court of New Jersey, complaint in matter entitled, HG REALTY, LLC c/o THE HEART GROUP vs. CITY OF BAYONNE. ( Broadway, Block 159, lot 47 - C-28 From the Tax Court of New Jersey, complaint in matter entitled, GALELLA vs. CITY OF BAYONNE. (534 Broadway, Block 190, lot 10 - C-29 From the Tax Court of New Jersey, complaint in matter entitled, PERDIKOS vs. CITY OF BAYONNE. (43 Broadway, Block 380, lot 44 multi-family) C-30 From the Tax Court of New Jersey, complaint in matter entitled, 161 PROSPECT REALTY, LLC vs. CITY OF BAYONNE. (161 Prospect Avenue, Block 429, lot 25 multi-family) C-31 From the Tax Court of New Jersey, complaint in matter entitled, MERCER BAY, LLC vs. CITY OF BAYONNE. ( Kennedy Boulevard, Block 32, lot 10 -

4 Page 4 of 7 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 OR-2 OR-3 OR-4 OR-5 OR-6 OR-7 From Hon. Mark A. Smith, Mayor, appointing ENEAS MULCAHY to the Planning Board for a term expiring December 31, (Replacing Stephen J. Gallo) Mayor From Hon. Mark A. Smith, Mayor, appointing LISA CERBONE to the Ethical Standards Board for a term of five years expiring August 13, 2016; and a resolution confirming the appointment. (Replacing John Zmyslowski whose term expired) Mayor From Hon. Mark A. Smith, Mayor, re-appointing BISHOP THOMAS ROBINSON to the Urban Enterprise Zone Development Corporation for a term of five years expiring November 12, Mayor From Hon. Mark A. Smith, Mayor, appointing ANA QUINTELLA, Executive Director of the Bayonne Economic Opportunity Foundation, to the Bayonne Urban Enterprise Zone Development Corporation for a term of five years expiring November 12, (Replacing Eleanor Tiefenwerth whose term expired) Mayor From Hon. Mark A. Smith, Mayor, appointing MICHAEL MULCAHY, Housing Inspector of the City of Bayonne, as a Code Enforcement Official for the City. Mayor From Terrence Malloy, Chief Financial Officer, reporting on purchase payments and recommending payment of same, and a resolution adopting the recommendation and ordering payment of claims. Finance From Terrence Malloy, Chief Financial Officer, ANNUAL FINANCIAL STATEMENT FOR THE SFY 2011 (UNAUDITED). Finance OR-8 From Terrence Malloy, Chief Financial Officer, CERTIFICATE OF DETERMINATION AND AWARD of note sales held August 18, 2011: Type Amount Rate Bond Anticipation $12,490, % Refunding Bond Anticipation $ 2,442, % Refunding Bond Anticipation (Fed. tax) $ 4,675, % Temporary Note $ 6,632, % Temporary Note (Fed. taxable) $ 1,112, % OR-9 OR-10 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on August 8, 2011: $4,757, CLAIMS & PAYROLL FOR AUGUST 2011 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on September 9, 2011: $4,757, CLAIMS & PAYROLL FOR SEPTEMBER 2011 OR-11 From the Purchasing Department reporting on bids received September 8, 2011 for (1) One 27 Weapons of Mass Destruction Rescue Vessel. (no bidders Purchasing will re-advertise) Purchasing OR-12 OR-13 From the Purchasing Department reporting on bids received August 25, 2011, for Video Wall & Video Wall Controller for the City of Bayonne Emergency Operations Center #1. (no bidders Purchasing will re-advertise) Purchasing From the Purchasing Department reporting on bids received August 25, 2011 for driveway line striping. (no bidders - second round of bidding) Purchasing RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted:

5 Page 5 of 7 CR-1 Approving the minutes of the regular meeting held Wednesday, August 17, City Clerk CR-2 Approving the minutes of the council caucus held Wednesday, August 10, City Clerk CR-3 CR-4 CR-5 CR-6 CR-7 CR-8 CR-9 CR-10 CR-11 CR-12 CR-13 CR-14 Commemorating October 26, 2011 as the DAY OF THE DEPLOYED. Reappointing JAN PATRICK EGAN to the Board of Adjustment for a term of four years expiring December 31, 2014 and re-appointing VINCENT LeFANTE as an Alternate Member of the Board of Adjustment for a two year term expiring December 31, Mayor Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (12 properties) Tax Collector Ordering a warrant in the amount of $ payable to BMI GENERAL LICENSING (Broadcast Music, Inc.) representing payment for annual license to play music at various functions including, but not limited to, festivals, firework shows, concerts, community centers and on hold telephone calls. Law Ordering a warrant in the amount of $1, payable to the STATE OF NEW JERSEY in payment of an invoice from the Department of Labor relating to assessments levied on New Jersey employers. Finance Cancelling taxes on a portion (25%) of Block 192, lot 37, occupied by a qualifying, fully disabled veteran as of December 14, 2009, the date the disability was certified, and authorizing a refund of taxes paid since that date. Tax Assessor Cancelling taxes on 100% of Block 428 Lot 19, in the City of Bayonne occupied by a qualifying fully disabled veteran effective April 22, 2011, the date the disability was certified, and authorizing a refund of taxes paid since that date. Tax Assessor Introducing the TOWN CENTER MANAGEMENT CORPORATION BUDGET for and fixing Wednesday, October 19, 2011 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. Authorizing the Tax Collector to issue a duplicate tax sale certificate # to MTAG SERVICES, holder of the tax lien which lost the original. Tax Collector Authorizing the Director of Public Works and Parks to auction vehicles to longer needed for public use. Public Works REMOVED. Granting 7 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA R-1 REMOVED See ADD-6. Law R-2 REMOVED See ADD-7. Law R-3 Authorizing an agreement with TQS SOLUTIONS, INC., Morganville, NJ for information technology, computer systems, and network administration and support services for a one year period commencing October 1, 2011 for an amount not to exceed $50,000.00, pursuant to the Fair and Open Solicitation process. (Extraordinary Unspecifiable Services (EUS) Contract, notice of its award will be published.) Chargeable to Account BA-2. Business Administration

6 Page 6 of 7 R-4 Authorizing an agreement with MILLENNIUM STRATEGIES, LLC, Caldwell, NJ, for the provision professional grant writing and management consulting services to the City of Bayonne for a one year period commencing July 1, 2011 at a maximum cost of $87, Chargeable to Account BA-2. (Professional Services contract - notice of award to be published.) Business Administration R-5 Authorizing the Purchasing Agent to purchase unleaded fuel under State Contract #T0083 and low sulfur diesel fuel under State Contract #T1845 from NATIONAL FUEL OIL, INC., Newark, NJ, for the Fuel Station. Public Works R-6 Authorizing the Mayor and City Clerk to enter into an agreement with the PENINSULA LODGE #99 F. & A.M., 888 Avenue C, for funds to repair code violations that pose a threat to public safety, for an amount not to exceed $65, Chargeable to Account CDBG-929. Community Development R-7 Authorizing the Mayor and City Clerk to enter into an agreement with AMERICAN LEGION POST #19, 683 Broadway, for funds to repair code violations that pose a threat to public safety, for an amount not to exceed $60, Chargeable to Account CDBG-929. Community Development R-8 Authorizing the Mayor and City Clerk to enter into an agreement with the BAYONNE JEWISH COMMUNITY CENTER, 1050 Kennedy Boulevard, for funds for the renovation of exterior entrances, for an amount not to exceed $65, Chargeable to Account CDBG-928. Community Development R-9 Authorizing an agreement with RAKESH DeSAI, ESQ. for professional legal services as Alternate Municipal Prosecutor for a one year period commencing July 1, 2011, for an amount of $ per session in Municipal Court and $75.00 per hour for appeals in Superior Court (maximum $1, per appeal), for a total amount not to exceed $12, Chargeable to Account M-16. Law R-10 Amending Resolution No authorizing an agreement with JOYCE HERBERT POST #226, VFW to provide funding in the amount of $75, for repairs for a one year period commencing December 1, 2010 to amend the agreement to include emergency roof and related repairs to the scope of work. Community Development R-11 WITHDRAWN R-12 Approving Temporary Emergency # 2 in TY 2011 budget. Finance R-13 Approving Budgetary Transfer # 2 in SFY 2011 budget. Finance R-14 Adopting a CASH MANAGEMENT PLAN. Finance R-15 Authorizing the sale of TAX ANTICIPATION NOTES not to exceed $25,000, Finance TO BE ADDED AT THE MEETING ADD-1 From the Purchasing Department reporting on bids received September 15, 2011 for VIDEO WALL & VIDEO WALL CONTROLLER FOR THE CITY OF BAYONNE EMERGENCY OPERATIONS CENTER #2. (1 bidder) Purchasing ADD-2 ADD-3 Awarding a contract for video wall & video wall controller for the City of Bayonne emergency operations center #2 to CINEMASSIVE DISPLAYS, LLC, Atlanta, GA, the sole bidder, for the bid price of $96, Chargeable to Account EOC Grant G Public Safety Amending Resolution No authorizing an agreement between the City of Bayonne and the BEOF for the purpose of providing Fair Housing Counseling Services for the one year period commencing September 1, 2011 to amend the amount of the agreement from $25, to $11, Community Development

7 Page 7 of 7 ADD-4 ADD-5 ADD-6 ADD-7 ADD-8 ADD-9 Ordering a warrant in the amount of $69.00 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 30 dog licenses. City Clerk Authorizing the Treasurer to issue a warrant in the amount of $4, plus interest payable to JAMES WASILEWSKI t/a SAND CASTLE representing the return of certified funds deposited with the City as surety in lieu of a surety performance bond in connection with Agreement No. FY for the Municipal Pool food concession. Chargeable to Account Bid Deposit Trust Account. Law Extending Agreement No. FY with SUBURBAN DISPOSAL, INC. for solid waste collection for one month commencing October 1, 2011 for an additional amount of $85,000.00, making the total contract amount $1,112, Chargeable to Account No. HW-38. Law Extending Agreement No. FY with SUBURBAN DISPOSAL, INC. for collection of recyclables for one month commencing October 1, 2011 for an additional amount of $45,583.33, making the total contract amount $612, Chargeable to Account No. HW-38. Law From Hon. Mark A. Smith, Mayor, reappointing HON. TERRENCE RUANE and HON. RAYMOND GREAVES to the Bayonne Local Redevelopment Authority for a one year tem ending September 15, 2012; and a resolution consenting to the appointments. Mayor Accepting a State Homeland Security Grant Program Subgrant from the NEW JERSEY STATE POLICE OFFICE OF EMERGENCY MANAGEMENT in the total amount of $10,000.00, including $5, Federal Award and $5, Local Matching Funds for Office of Emergency Management salaries and wages and fringe benefits. OEM BUDGET HEARING B-1 Public hearing and further consideration of the TY 2011 budget. REQUESTS TO ADDRESS THE COUNCIL RA-1 RA-2 From DOUGLAS ANDERSON, requesting permission to address the council on the subject of a request by Conrail to allow Sunday work for track outage scheduling between the hours of 7:00 AM and 5:00 PM in September and October. From MICHAEL D. SHEMIN, requesting permission to address the council on the subject of Rent Control Ordinance.

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