CITY OF BAYONNE CITY COUNCIL REGULAR MEETING OCTOBER 13, 2010

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1 CITY OF BAYONNE CITY COUNCIL REGULAR MEETING OCTOBER 13, 2010 Post Meeting Agenda RESOLUTION MOVED TO BEGINNING OF MEETING R-15 Approving Emergency Appropriation No. 3 in the SFY 2011 budget. ( 2/3 majority) Finance ORDINANCES SCHEDULED FOR HEARING O-1 AN ORDINANCE TO FURTHER AMEND AND SUPPLEMENT AN ORDINANCE ENTITLED, AN ORDINANCE TO ESTABLISH CERTAIN OFFICES, POSITIONS AND EMPLOYMENT IN THE MUNICIPAL GOVERNMENT OF THE CITY OF BAYONNE AND THE SALARIES THEREFOR; LONGEVITY; PROMOTIONS, AND INCREMENTS, WHERE APPLICABLE PASSED JANUARY 14, 1976, AS AMENDED AND SUPPLEMENTED, AND AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 20, PERSONNEL POLICIES. (Directors salaries) Business Administration O-2 AN ORDINANCE ADOPTING A MANDATORY ATTENDANCE POLICY FOR ALL BOARDS, AGENCIES, AUTHORITIES AND COMMISSIONS OF THE CITY OF BAYONNE PURSUANT TO N.J.S.A. 40A: (Attendance policy for boards and agencies) Law O-3 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC. (Restrictive Parking Zones) Police DELETE 077. Theresa O Keefe, 86 West 13 th Street ADD 187. Lazara Perez for her mother, Mercedes Perez, 662 Avenue A 197. Ezzat Said, for his wife, Nourah, 66 Evergreen Street 079. Alfonso Jackson, 432 Avenue C RELOCATE 138. Angel Santos, from 88 West 19 th Street to 873 Avenue C 169. Mamdouh Helal for his daughter, Marina Ezzat, from 510 Kennedy Boulevard to 70 West 20th Street. ORDINANCES PROPOSED FOR INTRODUCTION O-4 WITHDRAWN. O-5 AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER X, TRAFFIC; and a resolution fixing Wednesday, November 10, 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 205. Mary Lou Midgley, 153 Avenue F ADD 131. Anthony Squillante, 25 West 30th St Sueann Kryda, 403 Avenue E 167. Anthony Pucciarelli, 98 West 12th St Jose N. Ordonez for his son Jose C. Ordonez, 90 West 13th St Pamela Fucci, 34 East 28 th St. COMMUNICATIONS CONSENT AGENDA - Resolution ordering the following Communications to be received and filed: C-1 From Michael Anise, Esq., filing notice of tort claim on behalf of MARIA LUISA TORRES, alleging injuries sustained April 13, 2010 in a fall on the sidewalk at 578 Avenue C.

2 C-2 From David McPherson, Esq., filing notice of tort claim on behalf of BAYONNE BAY DEVELOPERS, LLC, alleging losses sustained on or about August 3, 2010 resulting from the sale of property at the Peninsula at Bayonne Harbor to the Port Authority. C-3 From the United States District Court, District of New Jersey, Summons and Complaint in matter entitled, SUAREZ vs. THE CITY OF BAYONNE. (Injuries sustained during an arrest on April 29, 2010.) C-4 From the Tax Court of New Jersey, complaint in matter entitled, AVENUE A REALTY, LLC vs. CITY OF BAYONNE. (759 Avenue A, Block 142, lot , et al 21 parcels 1 to 4 family) C-5 From the Tax Court of New Jersey, complaint in matter entitled, COROSI HOLDING, LLC vs. CITY OF BAYONNE. ( Broadway, Block 167, lot 19 - commercial) C-6 From the Tax Court of New Jersey, complaint in matter entitled, 161 PROSPECT REALTY, INC. vs. CITY OF BAYONNE. (161 Prospect Avenue, Block 429, lot 25 multi-family) C-7 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-8 From the Tax Court of New Jersey, complaint in matter entitled, CANTALE vs. CITY OF BAYONNE. (293 Broadway, Block 264, lot 20 - commercial) C-9 From the Tax Court of New Jersey, complaint in matter entitled, BEILMAN vs. CITY OF BAYONNE. (319 Broadway, Block 252, lot 18 - commercial) C-10 From the Tax Court of New Jersey, complaint in matter entitled, GOLDBRUN REALTY, LLC c/o AGM ELECT vs. CITY OF BAYONNE. ( Broadway, Block 205, lot 1 commercial) 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 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, Certificate of Determination and Award regarding Tax Anticipation Note Sale held August 30, %) Finance From Terrence Malloy, Chief Financial Officer, Certificate of Determination and Award regarding Note Sales held August 31, 2010: Finance Bond Anticipation Notes % Refunding Bond Anticipation Notes % Refunding Bond Anticipation Notes (Federally taxable) % Temporary School Note - 1.5% Temporary School Note (Federally taxable) % From Janet Convery, Treasurer, reporting on the transfer of the following amounts to the Board of Education on September 10, 2010: Finance $4,757, Claims & payroll for September RESOLUTIONS CONSENT AGENDA - Resolution ordering the following resolutions to be adopted: CR-1 Approving the minutes of the regular meeting held Wednesday, September 22, City Clerk

3 CR-2 Approving the minutes of the council caucus held Wednesday, September 15, 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 CR-15 CR-16 Appointing Hon. DEBRA CZERWIENSKI and Hon. RAYMOND GREAVES to the BOARD OF SCHOOL ESTIMATE. Council Ordering warrants drawn to taxpayers representing refunds for overpayment of taxes. (9 properties) Block Lot Amount $1, , , , Total: $12, Ordering a warrant drawn in the amount of $1, payable to the STATE OF NEW JERSEY, representing payment of an invoice received from the Department of Labor relating to assessments levied on New Jersey employers. Finance Ordering a warrant in the amount of $2, drawn to the order of the TREASURER, STATE OF NEW JERSEY representing the state s share of 106 marriage licenses issued during the months of July, August, and September. City Clerk Ordering a warrant in the amount of $25.00 drawn to the order of the TREASURER, STATE OF NEW JERSEY representing the state s share of 1 civil union certificate issued during the months of July, August, and September. City Clerk Authorizing a warrant in the amount of $14, 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 Ordering a warrant in the amount of $65.40 payable to the order of the BUREAU OF RABIES CONTROL, STATE OF NEW JERSEY, covering the issuance of 22 dog licenses issued during the month of September. Mun. Services Ratifying and confirming the action of the Municipal Treasurer in issuing a warrant in the amount of $3, to DAVID McKITTRICK in payment for substitute animal control services for two months. Mun. Services Authorizing transfers within CDBG Accounts: CDBG From To Amount CDBG #503 Multi Family CDBG #506A Single Family Rehab $100, Approving the city s annual CASH MANAGEMENT PLAN. Finance Appointing CARYL VAN BAAREN Municipal Recycling Coordinator. DPW Amending Resolution No authorizing an agreement for counseling services for low and moderate income families to correct the name of the contracting agency to the URBAN LEAGUE AFFORDABLE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION. Law REMOVED. Granting 1 Raffle license to a qualified organization. City Clerk END OF CONSENT AGENDA R-1 Authorizing the purchase of vehicle exhaust systems for four Fire Stations from AIR PURIFIERS, INC. in the amount of $86, pursuant to State Contract

4 #A Chargeable to Account Assistance to Firefighters Grant (80%), Fire Department O.E. (20%) Fire R-2 Authorizing the purchase of a 2010 Dodge Charger with Police Package from WARNOCK FLEET, East Hanover, NJ under State Contract No. A72468 for the amount of $29, Chargeable to the 2010 JAG Grant Fund. Police R-3 Authorizing an agreement with HAND IN HAND to provide funding in an amount not to exceed $25,000.00, for boiler and chimney replacement at their facility located at 836 Avenue C. CDBG R-4 Authorizing an agreement with the BAYONNE MASONIC TEMPLE/PENINSULA LODGE #99, F & A M to provide funding in an amount not to exceed $30, to repair code related violations. CDBG R-5 Authorizing the City of Bayonne to participate in the HUDSON COUNTY RENEWABLE ENERGY INITIATIVE for solar power. Busn. Admin. R-6 Authorizing an agreement with the BAYONNE COMMUNITY MENTAL HEALTH CENTER for mental health services to low income and public assistance residents for the period commencing November 1, 2010 and ending June 30, 2010 for the amount of $20, Chargeable to Account HW-4. Mun. Services R-7 Authorizing an agreement with the BAYONNE COMMUNITY MENTAL HEALTH CENTER for EAP services for city employees for the period commencing November 1, 2010 and ending June 30, 2010 for the amount of $16, Chargeable to Account HW-4. Mun. Services R-8 Authorizing an agreement with DYNAMIC TESTING SERVICE, Toms River, NJ, for controlled substance and alcohol testing services for the Department of Public Works and the MUA for a two year period commencing July 1, 2010 for the amount of $5, at a monthly fee of $ Chargeable to Account HW- 33. Mun. Services R-9 Authorizing an agreement with PENNONI ASSOCIATES, INC., Cedar Knolls, NJ, for professional engineering and analysis services related to Bayonne traffic. circulation, access, and alignment from five conceptual alternatives for the proposed modification of NJ Turnpike Exit 14A for the amount of $18, Chargeable to Account BA-2. (Professional Services contract - notice of award to be published.) Busn. Admin. R-10 Authorizing an agreement with RSC ARCHITECTS, Cedar Knolls, NJ, for architectural services related to the construction of a new fire house at the Peninsula at Bayonne Harbor for the amount of $185, (Professional Services contract - notice of award to be published.) Busn. Admin. R-11 Authorizing an KAR-TECH, INC., Clintonville, WI, for the initial examination and possible repair of the malfunctioned fire truck in an amount not to exceed $7, Chargeable to Account PW-Garage. Fire R-12 Extending the city s agreement with D&H ALTERNATIVE RISK SOLUTIONS, INC. for third party administrator services in the areas of worker's compensation and tort liability, which commenced October 1, 2007 and expired September 30, 2010, for an additional three months for a quarterly fee not to exceed $15,750; and authorizing the Division of Law to advertise for third party administrator services to commence January 1, Law R-13 Authorizing the UEZ Administrator to submit a project entitled, ENHANCED SECURITY PROJECT PHASE IV in the amount of $285, to the State UEZ. (Police salaries and benefits for the UEZ) UEZ R-14 Introducing the BAYONNE TOWN CENTER MANAGEMENT CORPORATION budget and fixing Wednesday, November 10, 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 adoption. TCMC

5 ADDED AT THE MEETING ADD-1 ADD-2 ADD-3 Amending Resolution No authorizing an agreement with the BAYONNE FAMILY COMMUNITY CENTER (YMCA) CHILD CARE for child care for three to twelve year old children of low and very low income families to remove language referring to Title XII of Division A and Section 1602 of the American Recovery and Reinvestment Act of 2009 (ARRA), and to change the Account to be charged to CDBG-414. CDBG Amending Resolution No authorizing an agreement with UNITED CEREBRAL PALSY OF HUDSON COUNTY pediatric medical day care services to change the purpose of the contract to in-home respite care, transportation, and other services to disabled adults, to remove language referring to Title XII of Division A and Section 1602 of the American Recovery and Reinvestment Act of 2009 (ARRA), and to remove a reference in the funding source to CDBG-R funding. CDBG 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 ADD-4 Ordering a warrant in the amount of $15, payable to JAMES WASILEWSKI t/a SAND CASTLE, representing the return of funds deposited with the city as surety in lieu of a performance bond in connection with Agreement No. FY for the lease of the municipal pool food concession. Law ADD-5 Granting ROBBINS REEF YACHT CLUB, INC., permission to dredge the soil and sediment that has accumulated within its property boundaries pursuant to a waterfront development dredging permit notwithstanding minimal impact to the city s riparian rights. Law ADD-6 Amending Resolution No , awarding a contract to OWL CONTRACTING for Improvements to Avenue C and Broadway to reflect a total contract amount not to exceed $377,341.72, which includes the Base Bid in the amount of $347, and the Alternate #1 Bid in the amount of $29,481.66, that five (5) proposals were received, of which Owl Contracting is deemed the lowest responsive bidder, and rejecting an objection raised by English Paving Co., Inc. that the bid submission by Owl Contracting did not conform to the New Jersey Department of Labor and Workforce Development prevailing Wage Determination for a specific Laborer Class, namely "Traffic Director, Flagger. Law ADD-7 Authorizing the Planning Board to undertake a Redevelopment Study and Plan for the property located at 1154 Avenue C, Block 27, lot 1. Planning REQUESTS TO ADDRESS THE COUNCIL RA-1 From DOLORES KELLY, requesting permission to address the council on the subject of city business.