CITY OF BAYONNE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2013

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1 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING FEBRUARY 20, 2013 Post Meeting Agenda ORDINANCES SCHEDULED FOR HEARING O-1 ORDINANCE APPROVING A FINANCIAL INSTRUMENT AND AUTHORIZING THE EXECUTION THEREOF AND OTHER APPLICABLE DOCUMENTS RELATED TO THE ISSUANCE BY THE CITY OF BAYONNE OF REDEVELOPMENT AREA BONDS (NON-RECOURSE TO THE FULL FAITH AND CREDIT OF THE CITY OF BAYONNE), RATIFYING THE EXECUTION OF THE FINANCIAL AGREEMENT AND DETERMINING VARIOUS OTHER MATTERS IN CONNECTION THEREWITH. (Amended at the Regular Meeting held February 13, 2013) O-2 REFUNDING BOND ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY PROVIDING FOR THE REFUNDING OF ALL OR A PORTION OF CERTAIN SCHOOL BONDS, DATED DECEMBER 15, 2004, APPROPRIATING $33,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $33,000,000 SCHOOL REFUNDING BONDS (NEW JERSEY SCHOOL BOND RESERVE ACT, P.L. 1980, C.72, AS AMENDED) OF THE CITY IN ONE OR MORE SERIES FOR FINANCING THE COSTS THEREOF. O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 2, ADMINISTRATION AND CHAPTER 13, MUNICIPAL PARKS, RECREATION AREAS, SWIMMING POOL AND DOCKS. O-4 AN ORDINANCE ADOPTING THE AMENDED REDEVELOPMENT PLAN FOR THE JOHN F. KENNEDY BOULEVARD REDEVELOPMENT AREA. O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC. (Restrictive Parking Zones) DELETE 048. Margaret Nowicki, 9 West 15th Street 230. Michael Johnson, 1053 Avenue C 281. Nettie Purdy, 93 West 35th Street 284. Angela Ciccone for her son Marcel, 184 West 17th Street 289. Kenneth Zielinski, 249 Avenue B ADD 003. Kamaljit Bhamra-Watson, 94 West 46th Street 317. Antonio Lucia, 409 Kennedy Boulevard* 318. Richard Gianturco, 193 West 48th Street* 319. Kelly Aranguran, 100 West 33rd Street, Apt. #5* 320. Eugene Loughney, 873 Avenue C* RELOCATE 222. Desiree Knight from 390 Avenue C to 81 West 19th Street * space numbers to be corrected from 319 through 322 by amendment ORDINANCES PROPOSED FOR INTRODUCTION O-6 CAPITAL IMPROVEMENT ORDINANCE TO PROVIDE FUNDING FOR VARIOUS CAPITAL IMPROVEMENTS TO THE DONALD X. AHERN VETERAN S MEMORIAL STADIUM IN THE AMOUNT OF $1,100,000.00; and a resolution fixing Wednesday, March 20, 2013, 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. Business Administration O-7 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 21, HEALTH REGULATIONS; and a resolution fixing Wednesday, March 20, 2013, 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. (Food Manager Certification) Municipal Services

2 Page 2 of 6 O-8 REFUNDING BOND ORDINANCE PROVIDING FOR PAYMENT OF AMOUNTS OWING TO OTHERS FOR TAXES LEVIED IN AND BY THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY, APPROPRIATING $2,250,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,250,000 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF; and a resolution fixing Wednesday, March 20, 2013, 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. (Tax appeals) Tax Assessor O-9 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC; and a resolution fixing Wednesday, March 20, 2013, 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) COMMUNICATIONS ADD 323. Thabet Massoud, 90 West 19th Street 324. Joan Amodeo, 76 Andrew Street 325. Kevin E. Hennessy, 180 West 22nd Street CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Laurie W. Fiedler, Esq., filing notice of tort claim on behalf of FIRST ASSEMBLY OF GOD OF BAYONNE, NJ and LITTLE LAMB PRESCHOOL, alleging property damage sustained September 20, 2012 in a pipeline leak that caused a noxious smell and contributed to contamination by solvents during Hurricane Sandy. C-2 From Chad Weiss, Esq., filing notice of tort claim on behalf of MAGED MASSOUD for his son, George, alleging injuries sustained December 12, 2013 in an accident in which a door was closed on his finger at Woodrow Wilson School. C-3 From the Superior Court of New Jersey, Law Division, Summons and Complaint in matter entitled, DESMOND vs. THE CITY OF BAYONNE. (Fall on the stairs on June 19, 2001 at Brady s Dock) C-4 From the Superior Court of New Jersey, Chancery Division, Summons and Complaint in matter entitled, JPMORGAN CHASE BANK vs. McCABE, et al., incl. THE CITY OF BAYONNE. (Mortgage foreclosure on Ocean County property. Bayonne Housing Authority holds a judgment against the defendants.) 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 From Terrence Malloy, Chief Financial Officer, reporting on vendor 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 DEBT STATEMENT as of December 31, Finance From Janet Convery, Treasurer, CY 2013 ANNUAL SCHEDULE OF DEBT SERVICE PAYMENTS. Finance From Terrence Malloy, CFO, ANNUAL FINANCIAL STATEMENT FOR THE YEAR 2012(UNAUDITED). Finance

3 Page 3 of 6 OR-5 OR-6 OR-7 From Terrence Malloy, CFO, SUPPLEMENTAL DEBT STATEMENT as of February 20, (Relating to Tax Appeal Bond ordinance) Finance From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on January 9, 2013: Finance $4,852, Claims and payroll for January, 2013 From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on February 6, 2013: Finance $4,852, Claims and payroll for February, 2013 RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday, January 23, City Clerk CR-2 Approving the minutes of the special meeting held Wednesday, January 16, City Clerk CR-3 Approving the minutes of the council caucus held Wednesday, January 16, City Clerk CR-4 CR-5 CR-6 CR-7 CR-8 CR-9 CR-10 CR-11 Opposing Senate Bill S-2511 proposing various amendments to the Open Public Meetings Law. Council Supporting Senate Bill S2364 and Assembly Bill A3553 providing for early voting procedures. Council Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (28 properties) Tax collector Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes due to judgments rendered by the County Tax Board. (50 properties) Tax collector Ordering a warrant in the amount of $1, payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 955 dog licenses issued in January, City Clerk Ratifying and confirming the actions of the Treasurer in issuing a warrant to TRIPLE G NURSERIES in the amount of in the amount of $14, Chargeable to the Tree Replacement Fund. Finance Ratifying and confirming the actions of the Municipal Treasurer in issuing a warrant from the Current Fund in the amount of $7,181, payable to the COUNTY OF HUDSON for payment of First Quarter County Taxes of Finance Ratifying and confirming the actions of the Municipal Treasurer in issuing a warrant from the Unemployment Trust Fund in the amount of $ 9, payable to the STATE OF NEW JERSEY DIVISION OF EMPLOYER ACCOUNTS for the city s unemployment bill for quarter ending December 31, Finance CR-12 Adopting a CASH MANAGEMENT PLAN for calendar year (Designating depositories and types of deposits) Finance CR-13 CR-14 DELETED. Granting 7 Raffle licenses to qualified organizations. City Clerk END OF CONSENT AGENDA

4 Page 4 of 6 R-1 Ordering a warrant in the amount of $1, payable to SESAC, INC., Raleigh, NC, 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. Municipal Services R-2 Ordering a warrant in the amount of $ payable to ASCAP, Nashville, TN, 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. Municipal Services R-3 Authorizing an agreement with NOWELL, AMOROSO, KLEIN, BIERMAN, P.A., Hackensack, NJ and WEINER LESNIAK for professional legal services in defense of the city in connection with State Tax Court appeals for a one year period commencing January 1, 2013 for an amount not to exceed $55, at an hourly rate of $ Chargeable to Account DL-4. (Professional Services contract - notice of award to be published.) Law R-4 Amending Agreement No with NOWELL, AMOROSO, KLEIN, BIERMAN, P.A., Hackensack, NJ for professional legal services in the defense of tax appeals in the State Tax Court to increase the amount of the contract by $15,195.95, making the total contract amount $70, Chargeable to Account DL-4. Law R-5 Authorizing the Mayor and City Clerk to enter into an agreement with MASER CONSULTING, P.A., Mount Arlington, NJ for professional engineering design and construction administration services in refurbishing the playing surface at Don Ahern-Veterans Memorial Stadium for the amount of $245, Chargeable to Capital Ordinance introduced at this meeting. Business Administration R-6 Authorizing the city to participate in the HUDSON COUNTY COOPERATIVE PRICING SYSTEM (HCCPS) for the purchase of electrical generation services from suppliers that submit bids with pricing that is at least 5% lower than the current price for utility-provided basic generation services. Business Administration R-7 Authorizing an agreement with KRIVIT AND KRIVIT, P.C., Washington, DC, for professional services as special counsel for federal and state grants and funding for the one year period commencing January 1, 2013, for an amount not to exceed $100, Chargeable to Account PS-9. Proposals were procured using the Fair and Open Procurement Process. (Professional Services contract obtained through the Fair and Open solicitation process - notice of award to be published.) Business Administration R-8 Authorizing an agreement with T & M ASSOCIATES, Clifton, NJ, for professional engineering services as a licensed site remediation professional for a one year period commencing January 1, 2013 for an amount not to exceed $25, Chargeable to Account RPI Trust. Business Administration R-9 Authorizing an agreement with T & M ASSOCIATES, Clifton, NJ and CLARKE CATON HINTZ, Trenton, NJ for professional planning services related to the submission of a Housing Element and Fair Share Plan to the New Jersey Council on Affordable Housing, for a period of one year commencing January 1, 2013 for an amount not to exceed $36, payable on a case by case basis. (Professional Services contract - notice of award to be published.) Planning R-10 Authorizing an agreement with McMANIMON, SCOTLAND & BAUMANN LLC, Roseland, NJ, to serve as bond counsel/special counsel for a one year period commencing January 1, Chargeable to various capital ordinances and Account BA-2. (Professional Services contract - notice of award to be published.) Law R-11 Authorizing an agreement with ROBERT L. HENNESSEY, ESQ., Bogota, NJ, for professional legal services as Bayonne Municipal Court Prosecutor for a one year term commencing January 1, 2013, for a contract amount not to exceed $35,000.00, with municipal court appeals requiring Superior Court appearance at an additional rate of $75.00 per hour for a maximum of $1, per appeal.

5 Page 5 of 6 Chargeable to Account M-17. (Professional Services contract - notice of award to be published.) Law R-12 Authorizing an agreement with SUSAN B. GYSS, ESQ., Secaucus, NJ, for professional legal services as Bayonne Municipal Court Prosecutor for a one year term commencing January 1, 2013, for a contract amount not to exceed $35, with municipal court appeals requiring Superior Court appearance at an additional rate of $75.00 per hour for a maximum of $1, per appeal. Chargeable to Account M-17. (Professional Services contract - notice of award to be published.) Law R-13 Authorizing the appointment of STEVEN R. HUMMELL, ESQ., Edgewater, NJ, to appear in Bayonne Municipal Court as Alternate Municipal Prosecutor when neither of the appointed municipal prosecutors are available, for a one year term commencing January 1, 2013, at a rate of $ per session for a total contract amount not to exceed $12, with municipal court appeals requiring Superior Court appearance at an additional rate of $75.00 per hour for a maximum of $1, per appeal. (Professional Services contract - notice of award to be published.) Law R-14 Authorizing agreements with APPRUZZESE MC DERMOTT MASTRO & MURPHY, PC, Liberty Corner, NJ, CHASAN LEYNER & LAMPARELLO, PC, Secaucus, NJ, CIFELLI & DAVIE, Harrison, NJ, and ANGELO R. BIANCHI, LLC, West Caldwell, NJ, for professional legal services as Labor Counsel to conduct arbitration hearing, litigation before the courts, negotiations, and PERC hearing involving various labor unions and the city for a one year period commencing January 1, 2013 payable at a rate of $ per hour for attorneys. Chargeable to Account (Professional Services contract obtained through the Fair and Open solicitation process - notice of award to be published.) Law R-15 Authorizing agreements with MASER CONSULTING, Mt. Arlington, NJ, VAN CLEEF ENGINEERS, Parsippany, NJ, REMINGTON VERNICK, Bordentown, NJ, and T & M ASSOCIATES, Clifton, NJ for professional engineering services in connection with various potential projects during 2013 for amounts to be negotiated pursuant to fee proposals submitted. Chargeable to Various Accounts. (Professional Services contract obtained through the Fair and Open solicitation process - notice of award to be published.) Business Administration R-16 Authorizing an agreement with ANTHONY J. DeSALVO, ESQ., Jersey City, NJ, for professional legal services to assist the City's Purchasing Agent with the review of specifications and provide legal advice as to the Open Public Contract Law in addition to conducting employee disciplinary proceedings for a six month period commencing January 1, 2013 for an amount not to exceed $24, Chargeable to Account DL-4. (Professional Services contract obtained through the Fair and Open solicitation process - notice of award to be published.) R-17 Authorizing the Director of Municipal Services to accept a grant from the COUNTY OF HUDSON OFFICE ON AGING for a three month allocation of grant funds of $156, for BAYONNE OFFICE ON AGING projects: #001 Care Management ($16,100 + $4,053), #001-1 Emergency ($5,000), #601 Care Management ($3,750 + $3,992), #306 Eyeglasses ($5,000) for a total of $37,895.00; and BEOF projects: #561 Congregate Meals ($43,788) # 581 Home Delivered Meals ($2,500), #058 Home Delivered Meals ($68,430), and #059 Weekend Home Delivered Meals ($4,000) for a total of $156, R-18 Approving Change Order #1 in Agreement with TILCON NEW YORK for NJDOT FY 2010 street paving for the net of various reductions in as built quantities and extras and supplements, to increase the contract amount by $31,652.98, making the total contract amount $412, Chargeable to Account No Public Works R-19 Approving TEMPORARY EMERGENCY APPROPRIATION #1 in the CY 2013 budget. (2/3 majority) Finance

6 Page 6 of 6 R-20 Approving BUDGETARY TRANSFER #4 in the CY 2012 budget. (2/3 majority) Finance R-21 Authorizing the settlement of prior year STATE TAX COURT APPEALS. Business Administration R-22 Authorizing an application to the LOCAL FINANCE BOARD for approval of State Tax Court appeal settlements. Business Administration R-23 RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT TO EXCEED $33,000,000 OF SCHOOL REFUNDING BONDS (NEW JERSEY SCHOOL BOND RESERVE ACT, P.L. 1980, C.72, AS AMENDED) OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY OR SUCH OTHER AMOUNT AS DETERMINED BY THE CHIEF FINANCIAL OFFICER TO ACCOMPLISH THE REFUNDING ON THE TERMS CONSISTENT WITH THE REFUNDING PROVISIONS OF THE INTERNAL REVENUE CODE AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS TO RBC CAPITAL MARKETS, LLC. Finance ADDED AT THE MEETING ADD-1 Approving a TEMPORARY CAPITAL BUDGET. (Tax appeal bond) Finance ADD-2 Authorizing an agreement with the BAYONNE ECONOMIC OPPORTUNITY FOUNDATION (BEOF) to continue the existing nutritional feeding program for a three month period commencing January 1, 2013 for the amount of $118,718.00: #561 Congregate Meals ($43,788), #581 Home Delivered Meals ($2,500), #058 Home Delivered Meals ($68,430), and #059 Weekend Home Delivered Meals ($4,000). Chargeable to Account Municipal Services ADD-3 Approving Change Order #1 in Agreement # CY with ENGLIS PAVING CO., INC. for paving of Avenue C for the net of various reductions in as built quantities and extras and supplements, to increase the contract amount by $49,708.24, making the total contract amount $477, Chargeable to Account No Public Works REQUESTS TO ADDRESS THE COUNCIL RA-1 RA-2 From VICKI BROWNING/JAVIER BARRIOS (Presenter), requesting permission to address the council on the subject of New Jersey Municipal Opt-Out Law: LDC aggregation agreement requirements and community incentives specifically for residential homeowners and Bayonne. From KEVIN HENNINGS, requesting permission to address the council on the subject of how jitney buses on JFK Boulevard are dangerous, cause excess pollution and violate the 3 min idle law every day.