Bayonne Meeting Minutes – Municipal Council ... - City of Bayonne

REGULAR MEETING 

OF THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, IN THE COUNTY 

OF HUDSON, NEW JERSEY, HELD IN THE COUNCIL CHAMBER, MUNICIPAL 

BUILDING, 630 AVENUE C, ON WEDNESDAY, NOVEMBER 9, 2011 

The Council met at 7:04 P.M. 

The Council President Ruane announced: “I would like to advise all those present that 

notice of this regular meeting of the Municipal Council of the City of Bayonne of 

November 9, 2011 been provided to the public in accordance with the provisions of the 

Open Public Meetings Act of the State of New Jersey. Notice of time and place of the 

meeting has been included in the annual notice of meetings, which was posted and filed 

with the City Clerk, and with the Jersey Journal and the Star Ledger. An additional 

Notice of time and place was posted and filed with the City Clerk and was forwarded to 

the Jersey Journal and the Star Ledger by on November 4, 2011.” 

The Regular Meeting of the Municipal Council of the City of Bayonne is now in session. 

The Clerk called the roll. 

Present were: Council Members Czerwienski, Gillespie, Greaves, Hurley and President 

Ruane. 

Pledge of Allegiance 

* * * * * * * * * * 

01. The Clerk announced: 

AN ORDINANCE ENTITLED, “AN ORDINANCE AMENDING AND 

SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF 

BAYONNE, CHAPTER 16, RENT CONTROL” which was introduced and passed a first 

reading at a meeting held October 19, 2011, was published in the Jersey Journal and 

posted on the bulletin board as required by law, with notice that it would be further 

considered for final passage following a public hearing at this meeting of November 9, 

2011, is now before the Council for its consideration and a public hearing. 

Council Member Ruane moved the following resolution, seconded by Council Member 

Czerwienski, which was read by the Clerk and adopted. 

BE IT RESOLVED, that the foregoing ordinance be given a second reading. 

Yeas- Council Members Czerwienski, Gillespie, Greaves, Hurley and President Ruane. 

The Clerk read the ordinance by title: “AN ORDINANCE AMENDING AND


BAYONNE, CHAPTER 16, RENT CONTROL” 

The Council is now ready to give all persons interested in this ordinance an opportunity 

to be heard concerning it. The council president will recognize anyone who wishes to 

speak. 

The following persons spoke: Theresa Grant – 864 Kennedy Blvd. 

Carol Madden – 92 West 34th Street 

Anthony Durando – 5 Kelly Parkway 

Lefkowitz Hyano – 868 Broadway 

Mickey Shemin – 880 Kennedy Blvd. 

Betsy Parks – 880 Kennedy Blvd. 

Mike Reseigno – 42B West 23rd Street 

Richard Barba – 77 West 31st Street 

Michael Quintela – 690 Avenue C 

Peggy Baber – 819 Avenue C 

Cheryl Riscart – 880 Kennedy Blvd. 

Robert Niebacker – 25 West 33rd Street 

Michelle Levantin – 783 Kennedy Blvd. 

Leonard R. Kantor- 102 West 3rd Street 

The Clerk made the following statement, “No protest against, objections to, or statements 

in favor of this ordinance or its passage have been filed with me.” 

Council Member Gillespie motioned to close the hearing, seconded by Council Member 

Ruane, which was read by the Clerk and adopted. 



Czerwienski, which was read by the Clerk and adopted. 

WHEREAS, an ordinance entitled, “AN ORDINANCE AMENDING AND 


BAYONNE, CHAPTER 16, RENT CONTROL” was introduced and passed a first 

reading at a meeting held October 19, 2011, was referred to the planning board for its 

review and a report, and was published and posted as required by law, with notice that it 

would be considered for final passage following a public hearing at this meeting of 

November 9, 2011; and 

WHEREAS, said ordinance was given a second reading at this meeting; and 

WHEREAS, a hearing was held and such ordinance was considered as required by law; 

and

WHEREAS, the planning board has reviewed the ordinance and has forwarded to the 

council a resolution approving it; and 

WHEREAS, no legal objections to said ordinance or to its passage were made at the said 

hearing; now therefore, be it 

RESOLVED, That the said ordinance be passed and designated as Ordinance No. O-11- 

33. 


* * * * * * * * * * 


AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY OF BAYONNE, 

COUNTY OF HUDSON, NEW JERSEY DESIGNATING AN AREA IN NEED OF 

REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT AND 

HOUSING LAW, N.J.S.A. 40A:12A-5(G) AND ADOPTING THE REDEVELOPMENT 

PLAN RELATING TO THE MAIDENFORM REDEVELOPMENT AREA LOCATED 

ON BLOCK 458, LOT 1 AND BLOCK 467, LOTS 27, 28 AND 29” which was 

introduced and passed a first reading at a meeting held October 19, 2011, was published 

in the Jersey Journal and posted on the bulletin board as required by law, with notice that 

it would be further considered for final passage following a public hearing at this meeting 

of November 9, 2011, is now before the Council for its consideration and a public 

hearing. 

Council Member Greaves moved the following resolution, seconded by Council Member 

Hurley, which was read by the Clerk and adopted. 



The Clerk read the ordinance by title: “AN ORDINANCE OF THE CITY OF 

BAYONNE, COUNTY OF HUDSON, NEW JERSEY DESIGNATING AN AREA IN 

NEED OF REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT 

AND HOUSING LAW, N.J.S.A. 40A:12A-5(G) AND ADOPTING THE 

REDEVELOPMENT PLAN RELATING TO THE MAIDENFORM 

REDEVELOPMENT AREA LOCATED ON BLOCK 458, LOT 1 AND BLOCK 467, 

LOTS 27, 28 AND 29” 



speak.

There was no response – no person appearing to protest against or object to the ordinance 

or to its passage. 



Council Member Czerwienski motioned to close the hearing, seconded by Council 

Member Greaves, which was read by the Clerk and adopted. 


Council Member Hurley moved the following resolution, seconded by Council Member 


WHEREAS, an ordinance entitled, “AN ORDINANCE OF THE CITY OF BAYONNE, 

COUNTY OF HUDSON, NEW JERSEY DESIGNATING AN AREA IN NEED OF 

REDEVELOPMENT PURSUANT TO THE LOCAL REDEVELOPMENT AND 

HOUSING LAW, N.J.S.A. 40A:12A-5(G) AND ADOPTING THE REDEVELOPMENT 

PLAN RELATING TO THE MAIDENFORM REDEVELOPMENT AREA LOCATED 

ON BLOCK 458, LOT 1 AND BLOCK 467, LOTS 27, 28 AND 29” was introduced and 

passed a first reading at a meeting held October 19, 2011, was referred to the planning 

board for its review and a report, and was published and posted as required by law, with 

notice that it would be considered for final passage following a public hearing at this 

meeting of November 9, 2011; and 



and 






34. 


* * * * * * * * * * 


AN ORDINANCED ENTITLED, “ORDINANCE OF THE CITY OF BAYONNE,

COUNTY OF HUDSON, NEW JERSEY DESIGNATING THE CITY OF BAYONNE 

AS THE REDEVELOPMENT ENTITY WITH RESPECT TO THE MAIDENFORM 


LOTS 27, 28 AND 29 AND THE BOULEVARD GATEWAY REDEVELOPMENT 

AREA LOCATED ON BLOCK 363, LOT 1.01 (FORMERLY BLOCK 363, LOTS 1, 2, 

3, 4, 5, 6 AND 29) AND BLOCK 361, LOTS 3.01, 4.01 AND 4.02 (FORMERLY 

BLOCK 361, LOTS 3 AND 4)” which was introduced and passed a first reading at a 

meeting held October 19, 2011, was published in the Jersey Journal and posted on the 

bulletin board as required by law, with notice that it would be further considered for final 

passage following a public hearing at this meeting of November 9, 2011, is now before 

the Council for its consideration and a public hearing. 

Council Member Czerwienski moved the following resolution, seconded by Council 

Member Greaves which was read by the Clerk and adopted. 



The Clerk read the ordinance by title: “ORDINANCE OF THE CITY OF BAYONNE, 







BLOCK 361, LOTS 3 AND 4)” 



speak. 





Council Member Czerwienski motioned to close the hearing, seconded by Council 

Member Gillespie, which was read by the Clerk and adopted. 



Member Gillespie, which was read by the Clerk and adopted.

WHEREAS, an ordinance entitled, “ORDINANCE OF THE CITY OF BAYONNE, 







BLOCK 361, LOTS 3 AND 4)” was introduced and passed a first reading at a meeting 

held October 19, 2011, was referred to the planning board for its review and a report, and 

was published and posted as required by law, with notice that it would be considered for 

final passage following a public hearing at this meeting of November 9, 2011; and 



and 






35. 


* * * * * * * * * * 




BAYONNE, CHAPTER 21, HEALTH REGULATIONS” which was introduced and 

passed a first reading at a meeting held October 19, 2011, was published in the Jersey 

Journal and posted on the bulletin board as required by law, with notice that it would be 

further considered for final passage following a public hearing at this meeting of 

November 9, 2011, is now before the Council for its consideration and a public hearing. 




Yeas- Council Members Czerwienski, Gillespie, Greaves, Hurley and President Ruane.

The Clerk read the ordinance by title: “AN ORDINANCE AMENDING AND 


BAYONNE, CHAPTER 21, HEALTH REGULATIONS” 



speak. 

The following person spoke: Richard Barba – 177 West 31st Street 



Council Member Greaves motioned to close the hearing, seconded by Council Member 







BAYONNE, CHAPTER 21, HEALTH REGULATIONS” was introduced and passed a 

first reading at a meeting held October 19, 2011, and was published and posted as 

required by law, with notice that it would be considered for final passage following a 

public hearing at this meeting of November 9, 2011; and 



and 



RESOLVED, that the said ordinance be passed and designated as Ordinance No. O-11- 

36. 


* * * * * * * * * * 

05. The Clerk announced:



BAYONNE, CHAPTER 7, TRAFFIC” 

which was introduced and passed a first reading at a meeting held October 19, 2011, was 

published in the Jersey Journal and posted on the bulletin board as required by law, with 

notice that it would be further considered for final passage following a public hearing at 

this meeting of November 9, 2011, is now before the Council for its consideration and a 

public hearing. 





The Clerk read the ordinance by title: “AN ORDINANCE AMENDING AND 


BAYONNE, CHAPTER 7, TRAFFIC” 



speak. 





Council Member Greaves motioned to close the hearing, seconded by Council Member 




Gillespie, which was read by the Clerk and adopted. 



BAYONNE, CHAPTER 7, TRAFFIC” was introduced and passed a first reading at a 

meeting held October 19, 2011, was published and posted as required by law, with notice 

that it would be considered for final passage following a public hearing at this meeting of 

November 9, 2011; and 

WHEREAS, said ordinance was given a second reading at this meeting; and


and 




37. 


* * * * * * * * * * 

06. Council Member Czerwienski introduced: 

AN ORDINANCE OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, 

STATE OF NEW JERSEY, DISSOLVING THE BAYONNE PARKING AUTHORITY 

PURSUANT TO N.J.S.A. 40A:5A-20 

WHEREAS, the governing body of the City of Bayonne, in the County of Hudson, New 

Jersey (the "City"), created the Bayonne Parking Authority (the "Authority") in 

accordance with the Parking Authority Law, constituting Chapter 198 of the Pamphlet 

Laws of 1948 of the State, as amended and supplemented (the “Act”); and 

WHEREAS, after a careful examination and analysis, the City has determined that it is in 

the best interests of the residents of the City to dissolve the Authority, and for the City to 

initially assume all of the obligations of the Authority as set forth herein before ultimately 

refinancing such obligations; and 

WHEREAS, the City desires to dissolve the Authority in accordance with, and in 

fulfillment of, the provisions of N.J.S.A. 40A:5A-20, 

NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Bayonne, 

in the County of Hudson, State of New Jersey, as follows: 

Section 1. Dissolution. In light of the significant savings associated with the assumption 

of all of the services currently being provided by the Authority within the City, the 

Authority is hereby dissolved, subject to the terms and conditions hereof. 

Section 2. Transfer of Title to All Facilities. Upon the effective date of the dissolution as 

set forth in Section 5 of this ordinance, all real and personal property, facilities and 

contracts of the Authority and all monies and funds held by or for the Authority shall be 

deemed transferred to and become the property of the City. The existing officers of the 

Authority are hereby authorized and directed to execute any documents or instruments 

necessary to transfer legal title to all real property, personal property, facilities, contracts

and monies and funds to the City upon the effective date of the dissolution herein, 

notwithstanding the dissolution of the Authority. All documents and records of the 

Authority shall be delivered to the City Clerk prior to the affective date of the dissolution. 

Section 3. Payment of All Creditors and Obligees. Upon the effective date of the 

dissolution as set forth in Section 5 of this ordinance, the City shall initially assume all 

legal obligations to all existing and outstanding creditors and obligees of the Authority 

including the Authority debt (as described in the bond refinancing ordinance to be 

adopted by City in connection with the dissolution of the Authority)( the “Authority 

Bonds”). A public hearing shall be held regarding the assumption of such legal 

obligations. 

Section 4. Assumption of Services Provided by the Authority. Upon the effective date of 

the dissolution as set forth in Section 5 of this ordinance, the City shall become successor 

to the Authority on all agreements, contracts, leases and other documents to which the 

Authority is a party with all of the rights and obligations of the Authority thereunder. 

Section 5. Effective Date of Dissolution. The dissolution of the Authority shall take effect 

simultaneously with the transfer of the Authority property to the City, the assumption of 

the Authority Bonds and the transfer of all funds from the Authority to the City. 

Section 6. Limitation on Actions by Authority. So as to provide for an orderly transition 

of the services provided by the Authority, the ordinance creating the Authority is hereby 

amended to provide that the Authority shall not be authorized to issue or authorize any 

obligations or to approve or enter into agreements for the sale or leasing of any property 

without the prior consent of the City as evidenced by a resolution of the City Council; 

provided, however, that the Authority conduct all other business and may pay its legally 

due debt and bills incurred in the ordinary course without the prior consent of the City, 

and, provided further, that this provision will not affect the Authority’s obligations under 

its existing contracts or its obligations to the holders of its bonds. 

Section 7. Authorization of City and Authority to Take all Necessary Action. The Mayor, 

City Administrator, Chief Financial Officer, City Clerk and other employees, as directed 

by the City Administrator and/or the Mayor, are hereby authorized and directed to take 

any and all steps necessary to effectuate the purposes of this ordinance. The members of 

the Authority, its officers, employees, engineer and counsel are hereby authorized and 

directed to take all steps necessary to effectuate the purposes of this ordinance. 

Section 8. Approval of Local Finance Board; Filing. This ordinance shall be submitted to, 

and approved by, the Local Finance Board of the State of New Jersey prior to final 

adoption in accordance with the requirements of N.J.S.A. 40A:5A-20 and the final 

adoption of this ordinance by the City shall represent conclusive proof of the fact that this 

ordinance has received the approval of the Local Finance Board. Immediately upon 

adoption of this ordinance, this ordinance shall be filed with the Local Finance Board and 

with the Secretary of State of New Jersey, in accordance with N.J.S.A. 40A:5A-20.

Section 9. Severability. If any section, subsection, sentence, clause or phrase of this 

ordinance is for any reason held to be unconstitutional or invalid by any court of 

competent jurisdiction, such decision shall not affect the remaining portions of this 

ordinance. 

Section 10. Repeal of All Inconsistent Ordinances. All ordinances of the City which are 

inconsistent with the provisions of this ordinance are hereby repealed to the extent of 

such inconsistency. 

Section 11. Effective Date. This ordinance shall take effect immediately upon the 

adoption hereof and shall not be subject to referendum. 


Member Ruane, which was read by the Clerk and adopted. 

BE IT RESOLVED, that an ordinance entitled “AN ORDINANCE OF THE CITY OF 

BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY, 

DISSOLVING THE BAYONNE PARKING AUTHORITY PURSUANT TO N.J.S.A. 

40A:5A-20,” just introduced, do now pass a first reading and that a meeting of this 

Council to be held Wednesday, December 14, 2011 at 7:00 P.M., or as soon thereafter as 

the matter can be reached, and the Dorothy E. Harrington Council Chamber, Municipal 

Building, 630 Avenue, Bayonne, New Jersey, are hereby fixed as the time and place 

when and where such ordinance will be further considered for final passage, at which 

time and place all persons interested shall be given an opportunity to be heard concerning 

the same; and, be it further 

RESOLVED, that the City Clerk be and is hereby authorized and directed to publish said 

ordinance according to law, with a notice of its introduction and passage on first reading, 

and the time and place when and where said ordinance will be further considered for final 

passage. 


* * * * * * * * * * 

07. Council Member Greaves introduced: 

AN ORDINANCE OF THE CITY OF BAYONNE CREATING A PUBLIC UTILITY 

FOR THE UNDERTAKING OF PARKING ACTIVITIES WITHIN THE CITY 

WHEREAS, pursuant to statute, a municipality is permitted to operate municipal utilities; 

and 

WHEREAS, pursuant to N.J.S.A. 40A:1-1, a municipal public utility is defined as any 

enterprise from which a municipality anticipates it will receive fees, rents or other 

charges; and

WHEREAS, a municipal utility is required for accounting and budgetary purposes, to be 

treated as a separate and distinct entity pursuant to N.J.S.A. 40A:4-62; and 

WHEREAS, the City of Bayonne in the County of Hudson, New Jersey (the “City”) 

owns street meters and parking lots within the geographic limits of the City; and 

WHEREAS, the City has dissolved its parking authority (the “Parking Authority”) and 

has determined to adopt a schedule of rates and hours for its parking operations and will 

enforce this schedule with employees or agents of the City; and 

WHEREAS, in light of the dissolution of the Parking Authority, the City wishes to create 

a municipal utility encompassing its parking operations to accurately and properly budget 

and account for the expenses and revenues relating thereto in a manner which is 

permitted by statute and which is separate and distinct from the usual operations of 

municipal government. 


in the County of Hudson, State of New Jersey, as follows: 

Section 1. Establishment. There is hereby created under the terms of this ordinance a 

public utility for the purpose of managing its parking operations within the City of 

Bayonne, County of Hudson and State of New Jersey. For budgetary and accounting 

purposes, this utility shall be a separate entity, having its own borrowing capacity, its 

own separate accounts and its own separate property, whether it be real, personal or 

mixed. 

Section 2. Official Name. The name by which the Utility shall be known is “The 

Bayonne Parking Utility”, and hereinafter the “Utility”. 

Section 3. Functions. It shall be the function of the Utility to budget and account for the 

parking operations undertaken by the City; to preserve, care for, lay out, construct, 

maintain, improve and operate lands, buildings, and facilities used for the provision of 

public parking and the enforcement of the City’s laws and regulations concerning 

parking; to construct, reconstruct, alter, provide, renew and maintain buildings or other 

structures and equipment and provide for the care, custody and control thereof in the 

operation of the Utility; to raise money necessary to pay for the lands, rights or interest 

therein acquired for parking activities, and for improving and equipping the same; to pay 

or make provision for the payment of the reasonable expenses in each fiscal year of the 

Utility; to pay to those persons entitled thereto the interest and principal on notes and 

bonds of the Utility, and to deposit and accumulate reserve funds or reserves. 

Section 4. Governing Regulations. The Utility shall be governed by the ordinances, the 

Administrative Code, and the resolutions adopted by the City Council and by 

administrative directives.

Section 5. Financial Affairs. The financial affairs of the Utility shall be governed in 

accordance with the statutes applying to the financial affairs of the municipality and 

utilities in general. 

Section 6. Acquisition of Property. The Utility may, from time to time, acquire such real 

property as may be authorized by the City Council by duly adopted ordinances according 

to the laws of the State of New Jersey. 

Section 7. Appointment of Certain Employees, Salaries and Compensation. The Mayor 

shall have the full authority to appoint and employ all necessary employees for the 

Utility. Salaries of the employees will be in accordance with classification and salary 

ordinances duly adopted by the City Council. Portions of salaries of existing employees 

may be pro-rated based on the amount of time spent on parking operations compared to 

the employees’ full time City responsibilities. 

Section 8. Utility Charges. The Utility shall have authority to charge and collect monies 

for the use of the utilities facilities whether they be user charges, rental fees, or lease 

payments, and to use these monies to defray the cost of acquisition of lands, buildings 

and facilities, rights and interests therein, to equip the facilities, to pay the Utility’s 

current expenses and to pay the interest and principal on notes and bonds all in 

accordance with such duly adopted ordinances and/or resolutions of the City Council. 

The initial rates and fees shall be as currently on file with the Parking Authority. 

Section 9. Effective Date. This ordinance shall take effect as of the dissolution of the 

Parking Authority. 



BE IT RESOLVED, that an ordinance entitled “AN ORDINANCE OF THE CITY OF 

BAYONNE CREATING A PUBLIC UTILITY FOR THE UNDERTAKING OF 

PARKING ACTIVITIES WITHIN THE CITY,” just introduced, do now pass a first 

reading and that a meeting of this Council to be held Wednesday, December 14, 2011 at 

7:00 P.M., or as soon thereafter as the matter can be reached, and the Dorothy E. 

Harrington Council Chamber, Municipal Building, 630 Avenue, Bayonne, New Jersey, 

are hereby fixed as the time and place when and where such ordinance will be further 

considered for final passage, at which time and place all persons interested shall be given 

an opportunity to be heard concerning the same; and, be it further 




passage. 


* * * * * * * * * * 

08. The Council President introduced: 

ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW 

JERSEY APPROVING FURTHER AMENDMENTS TO THE BOULEVARD 

GATEWAY REDEVELOPMENT PLAN. 

WHEREAS, the City of Bayonne, in the County of Hudson, New Jersey (the “City”), a 

public body corporate and politic of the State of New Jersey (the “State”), is authorized 

pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the 

“Redevelopment Law”), to determine whether certain parcels of land within the City 

constitute an area in need of rehabilitation and/or an area in need of redevelopment; and 

WHEREAS, pursuant to resolution no. 03-12-17-064 adopted on December 17, 2003, the 

City Council of the City (the “City Council”) designated the area commonly known as 

Block 363, Lots 1, 2, 3, 4, 5, 6 and 29 (now known as Block 363, Lot 1.01) and Block 

361, Lots 3 and 4 (now known as Block 361, Lots 3.01, 4.01 and 4.02) on the tax map of 

the City (the “Redevelopment Area”) as an area in need of redevelopment pursuant to 

Section 5 of the Redevelopment Law; and 

WHEREAS, on April 21, 2004, the City Council adopted ordinance O-04-16, adopting 

the “Redevelopment Plan Boulevard Gateway” prepared by John D. Fussa, P.P. dated 

November 2003 (the “Original Redevelopment Plan”) as the redevelopment plan for the 

Redevelopment Area; and 

WHEREAS, on March 15, 2006, the City Council adopted ordinance O-06-15, accepting 

the Planning Board’s recommended revision to the Original Redevelopment Plan to 

include restaurants as a permitted principal use within the Redevelopment Area (as 

amended, the “Amended Redevelopment Plan”); and 

WHEREAS, Camelot at Bayonne Urban Renewal, LLC (the “Entity”) owns the property 

commonly known as Block 363, Lots 1, 2, 3, 4, 5, 6 and 29 (now known as Block 363, 

Lot 1.01) on the tax map of the City (the “Project Site”) and will construct or cause to be 

constructed thereon certain real estate improvements in connection with the construction 

of approximately 96 residential units including parking (the “Project”); and 

WHEREAS, the City Council has determined to amend the affordable housing 

requirements in Section 2.2.3(G) of the Redevelopment Plan to ensure the success of the 

Project in conformity with the City’s municipal affordable housing policy (as further 

amended, the “Redevelopment Plan”); and 

WHEREAS, by resolution adopted on October 19, 2011, the City Council referred to the 

Planning Board of the City for review and consideration, an amendment to Section 

2.2.3(G) of the Redevelopment Plan (the “Proposed Amendment”) as follows:

“In lieu of providing affordable housing consistent with COAH regulations within any 

project constructed within the Boulevard Gateway redevelopment area, the City Council 

shall impose a contribution in lieu thereof upon the applicable redeveloper, which 

payment in lieu shall be in such amount, and payable upon such terms, as the City 

Council shall determine. All City ordinances including all City affordable housing 

ordinances are hereby amended to the extent of any inconsistency with the 

Redevelopment Plan.” 

WHEREAS, the Planning Board of the City has reviewed and considered the Proposed 

Amendment and issued a report recommending that the Proposed Amendment be 

adopted. 

NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE 

CITY OF BAYONNE, NEW JERSEY AS FOLLOWS: 

Section 1. The aforementioned recitals are incorporated herein as though fully set forth at 

length. 

Section 2. The City Council, pursuant to the terms of N.J.S.A. 40A:12A-7, hereby adopts 

the Proposed Amendment to Section 2.2.3(G) of the Redevelopment Plan in its entirety. 

Section 3. The zoning district map in the zoning ordinance of the City is hereby amended 

to include the “Redevelopment Area” per the boundaries described in the Redevelopment 

Plan and all of the provisions therein and shall supersede the applicable development 

regulations of the City’s municipal code. 

Section 4. If any part of this Ordinance shall be deemed invalid, such parts shall be 

severed and the invalidity thereby shall not affect the remaining parts of this Ordinance. 

Section 5. A copy of this Ordinance and the Proposed Amendment shall be available for 

public inspection at the office of the City Clerk during regular business hours. 

Section 6. This Ordinance shall take effect in accordance with all applicable laws. 



BE IT RESOLVED, that an ordinance entitled “ORDINANCE OF THE CITY OF 

BAYONNE, COUNTY OF HUDSON, NEW JERSEY APPROVING FURTHER 

AMENDMENTS TO THE BOULEVARD GATEWAY REDEVELOPMENT PLAN,” 

just introduced, do now pass a first reading and that a meeting of this Council to be held 

Wednesday, December 14, 2011 at 7:00 P.M., or as soon thereafter as the matter can be 

reached, and the Dorothy E. Harrington Council Chamber, Municipal Building, 630 

Avenue, Bayonne, New Jersey, are hereby fixed as the time and place when and where 

such ordinance will be further considered for final passage, at which time and place all 

persons interested shall be given an opportunity to be heard concerning the same; and, be

it further 




passage, and to forward a copy of said ordinance to the planning board for its review of 

and a report regarding same pursuant to NJSA 40:55D-26. 


* * * * * * * * * * 

09. The Council President introduced: 

AN ORDINANCE READOPTING CHAPTER 10, TAXATION AND SPECIAL 

IMPROVEMENT DISTRICTS, SECTION 10-1, FIVE YEAR IMPROVEMENT 

EXEMPTION, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF 

BAYONNE 

WHEREAS, by Ordinance No. O-08-29, passed October 10, 2008, the Municipal Council 

amended the Revised General Ordinances of the City of Bayonne, Chapter 10, Taxation 

and Special Improvement Districts, to adopt and enact the Five-year Exemption and 

Abatement Law of the State of New Jersey, NJSA 40A:21-1, et seq.; and 

WHEREAS, Section 10-1.4 of the Revised General Ordinances provides that no 

application for exemption shall be filed for exemptions to take initial effect for the full 

tax year beginning three (3) years from the date of the passage of the said ordinance or 

any tax year occurring thereafter, unless the section is readopted by the Governing Body 

pursuant to N.J.S.A. 40A:21-4; and 

WHEREAS, the Municipal Council desires to extend the five-year exemption program; 

now, therefore be it 

ORDAINED, that Chapter 10, Taxation and Special Improvement Districts, Section 10-1, 

Five Year Improvement Exemption, of the Revised General Ordinances of the City of 

Bayonne be and is hereby readopted pursuant to NJSA 40A:21-4. 



BE IT RESOLVED, that an ordinance entitled “AN ORDINANCE READOPTING 

CHAPTER 10, TAXATION AND SPECIAL IMPROVEMENT DISTRICTS, SECTION 

10-1, FIVE YEAR IMPROVEMENT EXEMPTION, OF THE REVISED GENERAL 

ORDINANCES OF THE CITY OF BAYONNE,” just introduced, do now pass a first 

reading and that a meeting of this Council to be held Wednesday, December 14, 2011 at 

7:00 P.M., or as soon thereafter as the matter can be reached, and the Dorothy E.

Harrington Council Chamber, Municipal Building, 630 Avenue, Bayonne, New Jersey, 

are hereby fixed as the time and place when and where such ordinance will be further 

considered for final passage, at which time and place all persons interested shall be given 

an opportunity to be heard concerning the same; and, be it further 




passage. 


* * * * * * * * * * 

10. Council Member Czerwienski introduced: 

AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL 

ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC 

BE IT ORDAINED, by the Municipal Council of the City of Bayonne, as follows: 

Section 1. That the Revised General Ordinances of the City of Bayonne Chapter 7, 

Traffic, Section 7-37.3, Handicapped Parking on Street for Private Residences, be and is 

hereby amended and supplemented as follows: 

RESTRICTIVE PARKING ZONES 

DELETE 

029. Helen Marshall, 34 West 13th Street 

Beginning at a point on the south side of West 13th Street, 260 feet east of the southeast 

corner of West 13th Street and Avenue C, and extending to a point 22 feet east thereof. 

272. Barbara Kolodziej, 57 West 6th Street 

Beginning at a point on the north side of West 6th Street, 143 feet east of the northeast 

corner of Newman Avenue and West 6th Street, and extending to a point 22 feet east 

thereof. 

ADD 

029. Thomas E. Cunningham, 73 West 55th Street 

Beginning at a point on the north side of West 55th, 222 feet west of the northwest corner 

of West 55th Street and Avenue C, and extending to a point 20 feet west thereof. 

095. Grace Cronick, 83 West 18th Street 

Beginning at a point on the north side of West 18th Street, 311 feet east of the northeast

corner of Kennedy Boulevard and West 18th Street, and extending to a point 22 feet east 

thereof. 

199. Philip J. Newman, 115 Avenue E 

Beginning at a point on the north side of Sisson Court, 78 feet west of the northwest 

corner of Sisson Court and Avenue E, and extending to a point 20 feet west thereof. 

240. Nancy L. Barnes, 528 Avenue A 

Beginning at a point on the east side of Avenue A, 139 feet south of the southeast corner 

of West 23rd Street and Avenue A, and extending to a point 22 feet south thereof. 

272. Stephen M. Polowy, 9 East 43rd Street 

Beginning at a point on the north side of East 43rd Street, 114 feet east of the northeast 

corner of Broadway and East 43rd Street, and extending to a point 22 feet east thereof. 

RELOCATE 

115. Helen A. Warzecha, from 476 Kennedy Boulevard to 798Broadway 

OLD LOCATION: Beginning at a point on the east side of Andrew Street, 35 feet east of 

the northeast corner of Andrew Street and Kennedy Boulevard, and extending to a point 

22 feet east thereof. 

NEW LOCATION: Beginning at a point on the north side of West 36th Street, 69 feet 

east of the northeast corner of Broadway and West 36th Street, and extending to a point 


129. Frank M. Moran from 46 East 43rd Street to 34 West 31st Street 

OLD LOCATION: Beginning at a point on the south side of East 43rd Street, 163 feet 

west of the southwest corner of Avenue E and East 43rd Street, and extending to a point 

22 feet west thereof. 

NEW LOCATION: Beginning at a point on the south side of West 31st Street, 265 feet 

east of the southeast corner of West 31st Street and Avenue C, and extending to a point 




BE IT RESOLVED, that an ordinance entitled “AN ORDINANCE AMENDING AND 


BAYONNE, CHAPTER 7, TRAFFIC,” just introduced, do now pass a first reading and 

that a meeting of this Council to be held Wednesday, December 14, 2011 at 7:00 P.M., or 

as soon thereafter as the matter can be reached, and the Dorothy E. Harrington Council 

Chamber, Municipal Building, 630 Avenue, Bayonne, New Jersey, are hereby fixed as 

the time and place when and where such ordinance will be further considered for final 

passage, at which time and place all persons interested shall be given an opportunity to be 

heard concerning the same; and, be it further




passage. 


* * * * * * * * * * 

11. The Council as a whole moved the following resolution, which was ready by the 

Clerk and adopted. 

WHEREAS, Section 2-1.3 of the Revised General Ordinances of the City of Bayonne 

permits the Municipal Council, by an affirmative vote of the members present at a 

council meeting, to approve a consent agenda consisting of one or more communications 

or resolutions: now, therefore, be it 

RESOLVED, That the following items which have been included on the agenda for this 

regular meeting as COMMUNICATIONS and which follow this resolution shall 

constitute a consent agenda for communications and that they be received and filed and 

included in the official minutes of this meeting as having been so ordered. 


* * * * * * * * * * 

12. Council as a whole moved the following communication be received and filed, which 

motion was adopted. 

From Pasquale Agresti, Esq., filing notice of tort claim on behalf of Gaspar Mangano, 

alleging damage to the structure, foundation and soil around his house sustained August 

1, 2011 due to the condition of underground pipes and sewer lines. 

* * * * * * * * * * 



From TERRENCE J. WHITE, filing notice of tort claim alleging property damage to his 

automobile on September 29, 2011, resulting from being struck by a city owned vehicle 

at First Street and Broadway. 

* * * * * * * * * * 


motion was adopted.

From ELIAS MORALES and NANCY MORALES, filing notice of tort claim alleging 

property damage to a window of their automobile on September 27, 2011, resulting from 

being struck by a stone during grass cutting on Avenue C between 52nd and 53rd Streets. 

* * * * * * * * * * 



From MARK FIDELUS, filing notice of tort claim alleging property damage to his 

automobile’s sideview mirror on October 14, 2011, resulting from damaged by a 

municipal worker at 15th Street and Broadway. 

* * * * * * * * * * 



From the Tax Court of New Jersey, complaint in matter entitled, “S & M GROUP, LLC 

vs. CITY OF BAYONNE.” (292½ - 296 Broadway, Block 258, lot 9 - commercial) 

* * * * * * * * * * 



From the Tax Court of New Jersey, complaint in matter entitled, “PLOUMITSAKOS 

REALTY, LLC vs. CITY OF BAYONNE.” (667-669 Broadway, Block 158, lot 26.01 - 

commercial) 

* * * * * * * * * * 



From the Tax Court of New Jersey, complaint in matter entitled, “PLOUMITSAKOS vs. 

CITY OF BAYONNE.” (665 Broadway, Block 158, lot 25 - commercial) 

* * * * * * * * * * 



From the Tax Court of New Jersey, complaint in matter entitled, “VDS PROPERTIES, 

LLC vs. CITY OF BAYONNE.” (749 Broadway, Block 139, lot 20 - commercial)

* * * * * * * * * * 



From the Tax Court of New Jersey, complaint in matter entitled, “ORLANDO vs. CITY 

OF BAYONNE.” (546 Avenue C, Block 189, lot 40 - commercial) 

* * * * * * * * * * 








regular meeting as OFFICERS’ REPORTS and which follow this resolution shall 

constitute a consent agenda for officers’ reports and that they be received and filed and 

that any resolution incorporated within them be adopted and included in the official 

minutes of this meeting as having been so ordered. 


* * * * * * * * * * 



From Terrance Malloy, Chief Financial Officer, reporting on purchase payments and 

recommending payment of same. 

* * * * * * * * * * 



BID REPORT 

FOR THE MUNICIPAL COUNCIL 

Date: 11/03/11 Ad Resolution #11/06/15/029 Ad Date: 10/24/11

Date bids accepted: 11/03//11 Attending: Amy Dellabella, Anthony DeSalvo, Esq. 

Bid titled: One 27’ Weapons of Mass Destruction Rescue Vessel #3 

Bidder: Amount: 

SAFE Boats International $304,999.60 

8800 SW Barney White Rd. 

Bremerton, WA 98312 

After review by the Department Director, and a determination as to which collection 

schedule to accept, the bid result will be included on the next Council meeting agenda. If 

other than the lowest bidder is recommended, an explanation will be provided with that 

report. If bids are to be rejected, an appropriate report will be prepared. 

Please retain this report, as the information above may not be repeated in the request for 

award documents or in the event of a bid rejection. 

Respectfully submitted, 

Amy Dellabella, R.P.P.O., Q.P.A. 

Purchasing Agent 

(signed) 

* * * * * * * * * * 



BID REPORT 


Date: 11/03/11 Ad Resolution #11/03/16/042 Ad Date: 10/18/11 


Bid titled: Abandoned Building Board Up 

Bidder(s): Amount: 

Belier Construction Corp. No Bid 

P.O. Box1675 (Signed Proposal Form was not included with the bid) 

Fort Lee, NJ 07024 

CPR Restoration & Cleaning Service, LLC No Bid 

8421 Hegerman St. (Ownership Statement was not filled out/no Consent 

Philadelphia, PA 19136 of Surety)

Control Industries Inc. ***Schedule of Unit Pricing Under Separate Cover**** 

103-105 East 25th St. 

Bayonne, NJ 07002 






award documents or in the event of a bid rejection. 

Respectfully submitted, Legal Approval: 

Amy Dellabella, R.P.P.O., Q.P.A. Anthony DeSalvo, Esq. 


(signed) 

* * * * * * * * * * 



BID REPORT 


Date: 11/03/11 Ad Resolution #11/08/17/036 Ad Date: 10/18/11 


Bid titled: Snow Removal Services During Snow Emergency #2 

Bidder(s): Amount: 

Backhoe Services Inc. (1-3 feet) not to exceed $681,150.00 

83 West 5th Street (3-6 feet) not to exceed $1,062,850.00 


_________________________________________________________________ 

Control Industries Inc. (1-3 feet) not to exceed $1,430,000.00 

103 East 25th Street (3-6 feet) not to exceed $2,525,000.00 







award documents or in the event of a bid rejection.

Respectfully submitted, 

Amy Dellabella, R.P.P.O., Q.P.A. 


* * * * * * * * * * 








regular meeting as RESOLUTIONS and which follow this resolution shall constitute a 

consent agenda for resolutions and that they be adopted and included in the official 

minutes of this meeting as having been so ordered. 


* * * * * * * * * * 



RESOLVED, That the official minutes of the regular council meeting held Wednesday, 

October 19, 2011 be and the same are hereby approved. 

* * * * * * * * * * 



RESOLVED, That the official minutes of the council caucus meeting held Wednesday, 

October 12, 2011, be and the same are hereby approved. 

* * * * * * * * * * 



WHEREAS, the properties set forth below all carry overpayments on their property tax 

accounts in the amounts indicated; and

WHEREAS, these taxpayers have requested refunds of the overpayments indicated; and 

WHEREAS, the Director of Finance has recommended that these amounts be refunded to 

the taxpayers; now therefore be it 

RESOLVED, that warrants be drawn to the order of the taxpayers listed, in the amounts 

indicated; and be it further 

RESOLVED, that the warrants be forwarded to the Tax Collector for delivery to the 

payees. 

BLOCK LOT PAYEE AMOUNT 

42 11 Magdy Tanyous 2,632.68 

217 11 Raymond Mahan 2,076.60 

224 48 Paul Gabriel 1,621.81 

Total: 6,331.09 

* * * * * * * * * * 



WHEREAS, the City Clerk’s Office has issued Eighty-One (81) Marriage Licenses 

during the months of July, August and September, and has collected $25.00 per license, 

which is to be forwarded to the Division of Youth and Family Services, now, therefore be 

it 

RESOLVED, that a warrant in the amount of Two Thousand twenty-five dollars 

($2025.00) be drawn to the order of the Treasurer, State of New Jersey and forwarded to 

the City Clerk’s Office for disbursement. 

* * * * * * * * * * 



WHEREAS, the adoption of the TY 2011 Municipal Budget was delayed; and 

WHEREAS, said delay has resulted in the late mailing of the fourth quarter tax bills; 

now, therefore, be it 

RESOLVED, that the grace period for the second quarter tax bills of 2011, with the

nominal due date of November 1, 2011, be extended to December 5, 2011; and be it 

further 

RESOLVED, that any payments received after December 5, 2011, shall be charged the 

appropriate interest back to the nominal due date of November 1, 2011. 

* * * * * * * * * * 



BE IT RESOLVED, that the City Clerk be and is hereby authorized to advertise for bids 

for the Lease of Beverage/Snack Vending Locations. 

* * * * * * * * * * 



BE IT RESOLVED, that the City Clerk be and is hereby authorized to advertise for bids 

for the leasing of space on the City Hall antenna tower. 

* * * * * * * * * * 



RESOLVED, That the application of the below listed organizations for RAFFLE 

LICENSE be granted: 

LICENSEE TIME & PLACE LICENSE # 

Midtown Community School PTO 10:00 P.M. RL: 8704 

1085 Broadway 

March 30, 2012 

St. Andrew’s Holy Name Society 10:00 P.M. RL: 8705 

125 Broadway 

March 10, 2012 

Our Lady of Assumption Church 7:30 P.M. RL: 8706 

93 West 23rd St. 

January 10, 2012 

Our Lady of Assumption Church 7:30 P.M. RL: 8707

93 West 23rd St. 

May 1, 2012 

PTC W F Robinson School, Inc. 7:00-11:00P.M. RL: 8708 

95 West 31st St. RL: 8709 

March 9, 2012 

Bayonne Babe Ruth & Cal Ripken 2:00 P.M. RL: 8710 

Baseball, Inc. 145 East 5th St. 

2012 

Apr. 7, 14, 21 29 

May 5, 12, 19, 26 

June 2, 9, 16,23 

* * * * * * * * * * 

35. Council Member Hurley moved the following resolution, seconded by Council 


WHEREAS, the city clerk, in accordance with a resolution adopted on 

June 16, 2011 advertised in the Jersey Journal on October 24, 2011 that sealed bids for 

one 27’ Weapons of Mass Destruction Rescue Vessel would be received on November 3, 

2011; and 

WHEREAS, pursuant to such advertisement, one (1) proposal was received from: 

Bidders Bid Amount 

SAFE Boats International $304,999.60 


Bremerton, WA 98312; and 

WHEREAS, Amy Dellabella, R.P.P.O., Q.P.A. and Jason O’Donnell, Director of Public 

Safety have examined the bids or proposals and have determined that the bid of SAFE 

Boats International is a regular bid and is most advantageous to the City of Bayonne for 

one 27’ Weapons of Mass Destruction Rescue Vessel; and 

WHEREAS, the Municipal Comptroller has filed a certification with the city clerk that 

funds are available; now, therefore, be it 

RESOLVED, that the contract for one 27’ Weapons of Mass Destruction Rescue Vessel 

be awarded to: 

SAFE Boats International 


Bremerton, WA 98312

for the following bid price: $304,999.60; and that the contract be executed in the name of 

the City of Bayonne by the proper city officials and that the said sum be charged to 

account: 02-213-41-725D-2-199 Port Security Grant $228,196.00 plus City Match 

+76,803.60 


* * * * * * * * * * 

36. Council Member Ruane moved the following resolution, seconded by Council 


WHEREAS, the city clerk, in accordance with a resolution adopted on March 16, 2011, 

advertised in the Jersey Journal on October 18, 2011 that sealed bids for abandoned 

building board-up would be received on November 3, 2011; and 

WHEREAS, pursuant to such advertisement, three (3) proposals were received from: 


Belier Construction Corp. No Bid 

P.O. Box1675 

Fort Lee, NJ 07024 

CPR Restoration & 

Cleaning Service, LLC No Bid 

8421 Hegerman St. 

Philadelphia, PA 19136 

Control Industries Inc. Price schedule separate 

103-105 East 25th St. 

Bayonne, NJ 07002; and 

WHEREAS, Amy Dellabella, R.P.P.O., Q.P.A. and Joseph Waks, Esq., Director of 

Municipal Services have examined the bids or proposals and have determined that the bid 

of Belier Construction Corp. was deficient for failure to include a signed proposal sheet, 

and the bid of CPR Restoration & Cleaning Service, LLC, was deficient for failure to 

include an ownership statement and a Consent of Surety; and 

WHEREAS, Amy Dellabella, R.P.P.O., Q.P.A. and Joseph Waks, Esq., Director of 

Municipal Services have further determined that the bid of Control Industries Inc. is a 

regular bid and is most advantageous to the City of Bayonne for abandoned building 

board-up; and 


funds are available; now, therefore, be it

RESOLVED, that the contract for abandoned building board-up be awarded to: 

Control Industries Inc. 

103-105 East 25th St. 

Bayonne, NJ 07002; 

for the bid prices submitted for a total amount not to exceed $50,000.00 for a term of one 

(1) year commencing December 1, 2011 and ending November 30, 2012 and that the 

contract be executed in the name of the City of Bayonne by the proper city officials and 

that the said sum be charged to account: RPI 12-286-56-308-2-199. 


* * * * * * * * * * 



WHEREAS, the city clerk, in accordance with a resolution adopted on 

August 17, 2011 advertised in the Jersey Journal on October 18, 2011 that sealed bids for 

Snow Removal Services During Snow Emergencies would be received on November 3, 

2011; and 

WHEREAS, pursuant to such advertisement, two (2) proposals were received from: 


Backhoe Services Inc. (1-3 feet) not to exceed $681,150.00 

83 West 5th Street (3-6 feet) not to exceed $1,062,850.00 


Control Industries Inc. (1-3 feet) not to exceed $1,430,000.00 

103 East 25th Street (3-6 feet) not to exceed $2,525,000.00 

Bayonne, NJ 07002; and 

WHEREAS, Amy Dellabella, R.P.P.O., Q.P.A. and Gary Chmielewski, Director of 

Public Works and Parks have examined the bids or proposals and have determined that 

the bid of Backhoe Services Inc. is a regular bid and is most advantageous to the City of 

Bayonne for Snow Removal Services During Snow Emergencies; and 


funds are available; now, therefore, be it 

RESOLVED, that the contract for Snow Removal Services During Snow Emergencies be 

awarded to:

Backhoe Services Inc. 

83 West 5th Street 


for the following bid prices: (1-3 feet) not to exceed $681,150.00, and (3-6 feet) not to 

exceed $1,062,850.00 for a term of one (1) year commencing November 1, 2011 and 

ending October 31, 2012, and that the contract be executed in the name of the City of 

Bayonne by the proper city officials and that the said sum be charged to account: 01-201- 

26-291-2-020 Snow Removal 


* * * * * * * * * * 

38. Council Member Czerwienski moved the following resolution, seconded by Council 


WHEREAS, Resolution No. 10-08-25-067 adopted by the Municipal Council on August 

25, 2010, the Municipal Council authorized Agreement No. FY11-036 with Suburban 

Disposal, Inc., Box 84, Livingston New Jersey 07039 for the collection of solid waste for 

a one year period commencing September 1, 2010 and ending August 31, 2011 for an 

amount not to exceed $1,027,000.00; and 

WHEREAS, Resolution 10-09-22-089 adopted by the Municipal Council of the City of 

Bayonne on September 22, 2010 amended resolution No. 10-08-25-067 to reflect the 

term of the aforesaid agreement would commence on October 1, 2010 and end on 

September 30, 2011; and 

WHEREAS, pursuant to Resolution No. 11-03-16-041 on April 27, 2011, the City Clerk 

advertised that bids for the collection of solid waste commencing October 1, 2011 would 

be received on July 26, 2011; and 

WHEREAS, the Superior Court has issued a temporary Restraining Order dated 

September 19, 2011, prohibiting the awarding of a contract for the collection of solid 

waste until further notice; and 

WHEREAS, Resolution No. 11-09-21-085 adopted by the Municipal Council on 

September 21, 2011 authorized an amendment to Agreement No. FY11-036 extending 

same for a one month period commencing October 01, 2011 and ending October 31, 2011 

for an additional amount of $85.000.00, making the total contract amount $1,112,000.00; 

and 

WHEREAS, the Superior Court of New Jersey, Appellate Division on October 14, 2011 

has stayed the final ruling of the Law Division which permitted the City to award the 

contract to the lowest bidder thereby prohibiting the awarding of a contract for the 

collection of solid waste until further notice; and

WHEREAS, Resolution No. 11-10-19-075 adopted by the Municipal Council on October 

19, 2011 authorized an amendment to Agreement No. FY11-036 extending same for a 

one month period commencing November 1, 2011 and ending November 30, 2011 for an 

additional amount of $85.000.00, making the total contract amount $1,197,000.00; and 

WHEREAS, Suburban Disposal, Inc. has consented to extending their existing agreement 

with the City of Bayonne for the collection of solid waste based on a one month payout 

of their existing bid for the period commencing December 1, 2011 and ending December 

31, 2011 for an additional amount of $85,000.00, making the total contract amount 

$1,282,000.00; and 

WHEREAS, funds are certified as available in Account No. HW-38; now therefore be it 

RESOLVED, by the Municipal Council of the City of Bayonne as follows: 

1. The Mayor and City Clerk are hereby authorized to enter into an amendment to 

Agreement No. FY11-036 with Suburban Disposal, Inc. Box 84, Livingston New Jersey 

07039 for the collection of solid waste extending same for a one month period 

commencing December 1, 2011 and ending December 31, 2011 for an additional amount 

of $85,000.00, making the total contract amount $1,282,000.00. 

2. Funds are certified as available in account No. HW-38. 

3. All other terms and conditions of Agreement No. FY11-036 shall remain the same. 


* * * * * * * * * * 



WHEREAS, Resolution No. 10-08-25-068 adopted by the Municipal Council on August 

25, 2010, the Municipal Council authorized Agreement No. FY11-035 with Suburban 

Disposal, Inc., Box 84, Livingston New Jersey 07039 for the collection of recyclable 

materials for a one year period commencing September 1, 2010 and ending August 31, 

2011 for an amount not to exceed $567,000.00; and 

WHEREAS, Resolution 10-09-22-090 adopted by the Municipal Council of the City of 

Bayonne on September 22, 2010 amended resolution No. 10-08-25-068 to reflect the 

term of the aforesaid agreement would commence on October 1, 2010 and end on 

September 30, 2011; and 

WHEREAS, pursuant to Resolution No. 11-03-16-041 on April 27, 2011, the City Clerk 

advertised that bids for the collection of recyclable materials commencing October 1,

2011 would be received on July 26, 2011; and 

WHEREAS, the Superior Court has issued a temporary Restraining Order dated 

September 19, 2011, prohibiting the awarding of a contract for the collection of 

recyclable materials until further notice; and 

WHEREAS, Resolution No. 11-09-21-86 adopted by the Municipal Council on 

September 21, 2011 authorized an amendment to Agreement No. FY11-035 extending 

same for a one month period commencing October 1, 2011 and ending October 31, 2011 

for an additional amount of $45,583.33, making the total contract amount $612,583.33; 

and 

WHEREAS, the Superior Court of New Jersey, Appellate Division on October 14, 2011 

has stayed the final ruling of the Law Division which permitted the City to award the 

contract to the lowest bidder thereby prohibiting the awarding of a contract for the 

collection of recyclable materials until further notice; and 

WHEREAS, Resolution No. 11-10-19-076 adopted by the Municipal Council on October 

19, 2011 authorized an amendment to Agreement No. FY11-035 extending same for a 

one month period commencing November 1, 2011 and ending November 30, 2011 for an 

additional amount of $45,583.33, making the total contract amount $658,166.66; and 

WHEREAS, Suburban Disposal, Inc. has consented to extending their existing agreement 

with the City of Bayonne for the collection of recyclable material based on a one month 

payout of their existing bid for the period commencing December 1, 2011 and ending 

December 31, 2011 for an additional amount of $45,583.33, making the total contract 

amount $703,749.99; and 

WHEREAS, funds are certified as available in Account No. HW-38; now therefore be it 

RESOLVED, by the Municipal Council of the City of Bayonne as follows: 

1. The Mayor and City Clerk are hereby authorized to enter into an amendment to 

Agreement No. FY11-035 with Suburban Disposal, Inc. Box 84, Livingston New Jersey 

07039 for the collection of recyclable materials extending same for a one month period 

commencing December 1, 2011 and ending December 31, 2011 for an additional amount 

of $45,583.33, making the total contract amount $703,749.99. 

2. Funds are certified as available in account No. HW-38. 

3. All other terms and conditions of Agreement No. FY11-035 shall remain the same. 


* * * * * * * * * *


Member Czerwienski, which was read by the Clerk and adopted. 

RESOLUTION OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, 

STATE OF NEW JERSEY, FOR THE ASSUMPTION OF THE DEBT OF THE 

BAYONNE PARKING AUTHORITY 

WHEREAS, the governing body of the City of Bayonne, in the County of Hudson, New 

Jersey (the "City"), created the Bayonne Parking Authority (the "Authority") in 

accordance with the Parking Authority Law, constituting Chapter 198 of the Pamphlet 

Laws of 1948 of the State, as amended and supplemented (the “Act”) ; and 

WHEREAS, after a careful examination and analysis, the City has determined to dissolve 

the Authority; and 

WHEREAS, in accordance with such dissolution the City has determined to initially 

assume all of the outstanding debt and obligations of the Authority before ultimately 

refinancing such debt and obligations in order to allow provide the City with quickest and 

most economical way to continue providing parking service while insuring the payment 

of the obligations and debt of the Authority; and 

WHEREAS, for the above-stated reasons it has been determined that it is in the best 

interests of the City to initially assume all of the outstanding debt and obligations of the 

Authority and then issue bonds to retire such outstanding debt; and 

WHEREAS, the City now desires to initially assume all of the outstanding debt and 

obligations of the Authority in accordance with, and in fulfillment of, the provisions of 

N.J.S.A. 40A:5A-20, 


in the County of Hudson, State of New Jersey, as follows 

Section 1. The City has determined to initially assume all of the outstanding debt and 

obligations of the Authority as a means of providing the City with quickest and most 

economical way to continue providing parking service while insuring the timely and 

efficient payment of the obligations and debt of the Authority. 

Section 2. The City shall initially assume all legal obligations to all existing bondholders, 

creditors and obligees of the Authority. 

Section 3. This resolution shall take effect upon the effective date of dissolution of the 

Authority and a certified copy of this resolution shall be transmitted to the Local Finance 

Board. 


* * * * * * * * * * 



WHEREAS, the Municipal Council of the City of Bayonne previously adopted 

Resolution No. 10-09-22-068, awarding a contract in the amount of $675,719.39 to 

ENGLISH PAVING, 650 Route 46 West Clifton, NJ 07013, for Improvements to 

Avenue C and Broadway, which contract was prepared and signed as Agreement No. FY’ 

11-38; and 

WHEREAS, the contractor has submitted Change Order #2 dated October 3, 2011 

seeking $8,940.00 in extra work and crediting $48,234.72 in reductions for as built 

quantities, for a net reduction of $39,294.72; and 

WHEREAS, Eugene Buczynski, P.E., the city’s project engineer has examined and 

approved the Change Order dated October 3, 2011, a copy of which is attached hereto 

and made a part hereof; now, therefore be it 

RESOLVED, that the Change Order to Agreement No. FY’ 11-38 dated January 10, 2011 

for a net reduction of $39,294.72 making the total contract amount $613,522.69 be and is 

hereby approved; and be it further 

RESOLVED, that said amount be credited to Account – CDBG-Stimulus. 


* * * * * * * * * * 



WHEREAS, the Municipal Council of the City of Bayonne previously adopted 

Resolution No. 11-05-18-070, awarding contract No. FY ’11-103 in the amount of 

$29,200.00 to DMR Architects, 777 Terrace Avenue, 6th Floor, Suite 607, Hasbrouck 

Heights, NJ 07604 for architectural services in connection with the design of a new 

interior office space at the second floor of the Municipal Building located at 630 Avenue 

C; and 

WHEREAS, it has been determined that additional services are required consisting of: 

office renovations to the ABC office area for a total fee of $7,700.00; 

investigation of the potential to add a wheelchair lift at the entrance to the Police 

Department vestibule for a fee of $1,000.00; 

renovations to the Police Department entrance including new entrance doors, signage, refacing 

of the existing metal canopy, and exterior lighting, including preparation of

construction documents for bidding for a fee of $5,800.00; and 

WHEREAS, DMR Architects has provided the city with a proposal dated October 31, 

2011, which is on file in the Police Department Administrative Division; and 

WHEREAS, funds have been certified as available in the Department of Justice Equitable 

Sharing Fund Account; now therefore be it 

RESOLVED, that Agreement No. FY ’11-103 with DMS Architects be and is hereby 

amended to include the above described services at the costs indicated; and be it further 

RESOLVED, that the total amount of Agreement No. FY ’11-103 be and is hereby 

amended to $43,500.00, chargeable to Account U.S. Department of Justice Forfeiture 

Fund. 


* * * * * * * * * * 



CHAPTER 159 NO. 1 

WHEREAS, N.J.S., 40A:4-87 provides that the Director of the Division of Local 

Government Services may approve the insertion of any special item of revenue of any 

county or municipality when such item shall have been made available by law and the 

amount thereof was not determined at the time of the adoption of the budget, and 

WHEREAS, said Director may also approve the insertion of any item of appropriation for 

equal amount 

SECTION 1 

NOW THEREFORE BE IT RESOLVED that the City of Bayonne hereby requests the 

Director of Local Government Services to approve the insertion of an item of revenue in 

the Transition Year Budget of 2011 in the sum of $5,000.00 which has been granted by 

the State of New Jersey 

SECTION II 

BE IT FURTHER RESOLVED that a like sum of $5,000.00 be and the same is 

hereby appropriated under the caption of 

EMERGENCY MANAGEMENT GRANT

SECTION III 

BE IT FURTHER RESOLVED that the above is the result of moneys granted by the 

State of New Jersey. 

Yeas- Council Members Czerwienski, Gillespie, Greaves, and President Ruane. 

Abstain – Council Member Hurley. 

* * * * * * * * * * 

At 8:04 P.M., Council Member Ruane moved to adjourn, seconded by Council Member 

Greaves, which motion was adopted.

Bayonne Meeting Minutes – Municipal Council ... - City of Bayonne

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