City Council - Council Meeting

Regular Meeting May 13,2020 Page 1 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, MAY 13,2020. The Council met at 7:00 P.M. The Council President Nadrowski announced: “: “I would like to advise all those present that notice of this Special Meeting of the Municipal Council of the City of Bayonne of May 13, 2020 has been provided to the public in accordance with the provision of the Open Public Meetings Act of the State of New Jersey. Notice of time and place of this meeting was posted and filed with the city clerk and forwarded to the Jersey Journal and the Star Ledger by fax on May 8, 2020. And NOTICE WAS HEREBY GIVEN that the Municipal Council of the City of Bayonne will conduct the following meetings of the Annual Meeting Schedule for the purpose of conducting City business for 2020 through VIRTUAL/REMOTE communications equipment in conformance with the directives of the State of New Jersey: Notice of this change in the format of the meeting was provided to the Jersey Journal and the Star Ledger on May 8, 2020 in accordance with the law and applicable Executive Orders. The Regular Meeting of the Municipal Council of the City of Bayonne is now in session.” 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 Carroll, Gullace, Perez and President Nadrowski. Absent were: Council Member LaPelusa The Council President led the 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 35, ZONING REGULATIONS,” which was introduced and passed a first reading at a meeting held April 15, 2020, 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 May 13,2020 is now before the Council for its consideration and a public hearing Council Member Perez moved that the following resolution of second reading be adopted, seconded by Council President Nadrowski, which motion was adopted. BE IT RESOLVED, that the foregoing ordinance be given a second reading. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. The Clerk read the ordinance by title, “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 35, ZONING REGULATIONS,” 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. There was no response – no person appearing in protest against or object to the ordinance or to its passage. 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 Perez motioned to close the hearing, seconded by Council Member Carroll which motion was adopted. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Regular Meeting May 13, 2020 Page 2 Absent – Council Member LaPelusa. Council Member Perez moved a resolution for final passage, seconded by Council Member Carroll, which was read by the Clerk and adopted. 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, 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-20- 33 Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 02. The Clerk announced: AN ORDINANCE ENTITLED, “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC,” which was introduced and passed a first reading at a meeting held April 15, 2020, 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 May 13,2020 is now before the Council for its consideration and a public hearing. (Defining definition of Service Animals) Municipal Services Council Member Perez moved that the following resolution of second reading be adopted, seconded by Council Member Gullace, which motion was adopted. BE IT RESOLVED, that the foregoing ordinance be given a second reading. Yeas - Council Members Carroll, Gullace, Perez, President Nadrowski. Absent – Council Member LaPelusa. The Clerk read the ordinance by title “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC,” 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. There was no response – no person appearing in protest against or object to the ordinance or to its passage. 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 Perez motioned to close the hearing, seconded by Council President Nadrowski which motion was adopted. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. Council Member Perez moved a resolution for final passage, seconded by Council President Nadrowski, which was read by the Clerk and adopted. WHEREAS, an ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC,” was introduced and passed a first reading at a meeting held April 15, 2020, 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 May 13, 2020; and WHEREAS, said ordinance was given a second reading at this meeting; and  Regular Meeting May 13,2020 Page 3 WHEREAS, a hearing was held and such ordinance was considered as required by law; 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-20- 34 Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 03. Council President Nadrowski 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 039. Catherine P. DeLapa, 127 West 20th Street Beginning at a point on the north side of 20 th Street, 197 feet east of the northeast corner of Avenue A and 20th Street, and extending to a point 22 feet east thereof. 069. Marian Kilarski, 53 Linden Street Beginning at a point on the North side of Linden Street, 218 feet east of the northeast corner of Avenue A and Linden Street, and extending to a point 22 feet east thereof. 111. Mary J. Silvani, 206 Avenue F Beginning at a point on the south side of Avenue F, 10 feet east of the southeast corner of Avenue F and New Street, and extending to a point 17 feet east thereof. 411. Carmelo Fantino, 13 East 37th Street Beginning at a point on the north side of 27 th Street, 176 feet east of the north east corner of 37th Street and Broadway and extending to a point 18 feet east thereof. Council President Nadrowski moved a resolution, seconded by Council Member Perez, which was read by the Clerk and adopted. BE IT RESOLVED, that an ordinance entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE CITY OF BAYONNE, CHAPTER 7, TRAFFIC,” just introduced, do now pass a first reading and that a meeting of this Council to be held Wednesday, June 17, 2020 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. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** Regular Meeting May 13, 2020 Page 4 04. The Council as a whole moved the following communication be received and filed, which motion was 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. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 05. The Council as a whole moved the following communication be received and filed, which motion was adopted From David Gott, Esq., filing notice of claim on behalf of CYNTHIA GAINOUS alleging personal injury sustained from a fall in front of the Bayonne Museum. ********** 06. The Council as a whole moved the following communication be received and filed, which motion was adopted From Tax Court of New Jersey in matter entitled, “IJKG OPCO, LLC. A New Jersey Limited Liability Company, Tenant, in parcel owned by WTFK Bayonne Propco, LLC vs. the City of Bayonne. ********** 07. The Council as a whole moved the following communication be received and filed, which motion was adopted From the Tax Court of New Jersey in matter entitled, H & H BROTHERS % ROYAL WINE CORP. vs. the City of Bayonne. ********** 08. The Council as a whole moved the following communication be received and filed, which motion was 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 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. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 09. The Council as a whole moved the following communication be received and filed, which motion was adopted. From Donna L. Mauer, Chief Financial Officer, reporting on vendor payments and recommending payment of same, and a resolution adopting the recommendation and ordering payment of claims. Regular Meeting May 13,2020 Page 5 Regular Meeting May 13, 2020 Page 6 Regular Meeting May 13,2020 Page 7 Regular Meeting May 13, 2020 Page 8 Regular Meeting May 13,2020 Page 9 Regular Meeting May 13, 2020 Page 10 Regular Meeting May 13,2020 Page 11 Regular Meeting May 13, 2020 Page 12 Regular Meeting May 13,2020 Page 13 Regular Meeting May 13, 2020 Page 14 Regular Meeting May 13,2020 Page 15 Regular Meeting May 13, 2020 Page 16 Regular Meeting May 13,2020 Page 17 Regular Meeting May 13, 2020 Page 18 Regular Meeting May 13,2020 Page 19 Regular Meeting May 13, 2020 Page 20 ********** 10. The Council as a whole moved the following communication be received and filed, which motion was adopted. BID REPORT FOR THE MUNICIPAL COUNCIL Date: 05/11/20 Ad Date: 04/09/20 Date bids accepted: 4/29/20 Attending: Amy Dellabella, Rob Russo, CME Engineer, Joe DeMarco, Esq. Bid titled: VARIOUS STREETS 2020 BAYONNE Total amount bid Alt A Total amount bid Total amount bid Alt A-B Alt A-C DLS Contracting Inc. 271 Highway 46 Suite D-205 Fairfield, NJ 07044 $1,223,756.00 $1,279,756,00 $1,414,756.00 4 Clean-Up Inc. PO Box 5098  Regular Meeting May 13,2020 Page 21 North Bergen, NJ 07047 $1,310,908.40 $1,364,348.40 $1,499,348.40 Black Rock Enterprises LLC 1316 Englishtown Road Old Bridge, NJ 08857 $1,657,807.80 $1,721,807.80 $1,856,807.80 After review by the Department Director, the Purchasing Department will prepare a request for contract award and forward it to the City Clerk for inclusion in future Council 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, Q.P.A., R.P.P.O. Purchasing Agent (signed) ********** 11. The Council as a whole moved the following resolution, which was read by the Clerk and adopted BID REPORT FOR THE MUNICIPAL COUNCIL Date: 05/11/20 Ad Date: 004/24/20 Date bids accepted: 5/6/20 Attending: Amy Dellabella, Rob Russo, CME Engineer Bid titled: 2020 Roadway Improvements Phase II Total amt bid Total amt bid Total amt bid Total amt bid Total amt bid Total amt bid Total amt bid Del#6 Del#5 Del#4 Del#3 Del#2 Del#1 4 Clean-Up Inc. PO Box 5098 North Bergen, NJ 07047 $1,992,799.65 $1,892,799.65 $1,883, 614.45 $1,786,315.55 $1,751,333.77 $1,686,402.15 $1,616,943.06 DLS Contracting Inc. 271 Highway 46 Suite D-205 Fairfield, NJ 07044 $1,998,303.50 $1,898,303.50 $1,888,678,50 $1,798,798.50 $1,763,336.00 $1,695,189.50 $1,622,324.00 Mark Paving Co. Inc. 77 Cutters Dock Road Woodbridge, NJ 07095 $2,110,386,30 $2,010,386.30 $2,001,256.30 $1,912,654.42 $1,877,146.86 $1,806,028.56 $1,730,303.97 Black Rock Enterprises LLC 1316 Englishtown Road Old Bridge, NJ 08857 $2,542,106.45 $2,442,106.45 $2,426,981.45 $2,321,241.45 $2,280,981.55 $2,197,220.20 $2,107,141.10 After review by the Department Director, the Purchasing Department will prepare a request for contract award and forward it to the City Clerk for inclusion in future Regular Meeting May 13, 2020 Page 22 Council 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, Q.P.A., R.P.P.O. Purchasing Agent (signed) ********* 12. The Council as a whole moved the following resolution, which was read 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 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. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 13. The Council as a whole moved the following resolution, which was read by the Clerk and adopted RESOLVED, That the official minutes of the regular council meeting held Wednesday, April 15, 2020 be and the same are hereby approved. ********** 14. The Council as a whole moved the following resolution, which was read by the Clerk and adopted RESOLVED, That the official minutes of the council caucus meeting held Wednesday, APRIL 8, 2020, be and the same are hereby approved. ********** 15. The Council as a whole moved the following resolution, which was read by the Clerk and adopted 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 Chief Financial Officer 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 44 41 PHH MORTGAGE SERVICES 3,052.00 71 12 STEPHEN & JOYLYNN OLSZEWSKI 2,055.00  Regular Meeting May 13,2020 Page 23 82 20.02 MICHAEL HINOJOSA 22,043.47 176 45 MARGARET & JAMES ROYSTER 1,256.65 TOTAL 28,407.12 ********** 16. The Council as a whole moved the following resolution, which was read by the Clerk and adopted RESOLVED, That a warrant in the amount of $ 2.40 drawn of the Bureau of Rabies Control, State Department of Health, Trenton, New Jersey, covering the issuance of licenses Nos. 728-729 inclusive, 2 dog licenses, representing one dollar per license for the state fee, twenty cents per license for the state clinic and three dollars per license for non-spayed and non- neutered dogs. ********** 17. The Council as a whole moved the following resolution, which was read by the Clerk and adopted Resolution Authorizing the City of Bayonne to apply for a FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant WHEREAS, the City of Bayonne desires to apply for and obtain a grant from the Department of Homeland Security for approximately $75,510 for a FY 2019 Staffing for Adequate Fire and Emergency Response (SAFER) Grant, and WHEREAS, the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey does hereby authorize the Mayor and/or his designee to apply for such a grant; and, WHEREAS, the City recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the Department of Homeland Security, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Bayonne and the Department of Homeland Security; and WHEREAS, the Mayor and Council of the City of Bayonne authorizes the expenditure based on the grant formula fund the proposed hiring of Firefighter at 75% federal funding with a 25% local match for the first and second year of the grant and 35% federal funding with a 65% local match for the third year of the grant coverage. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey that the Mayor and/or his designee and/or other appropriate City Officials are authorized to sign the application, the contract, and any other documents necessary in connection herewith to ensure that the intent of this resolution is carried out. ********** 18. The Council as a whole moved the following resolution, which was read by the Clerk and adopted Resolution Authorizing the City of Bayonne to apply for a FY 2020 Assistance for Firefighters Grant, COVID-19 Supplemental (AFG-s) WHEREAS, the City of Bayonne desires to apply for and obtain a grant from the Department of Homeland Security in the amount of $35,268.71 to purchase COVID-19 related equipment, and WHEREAS, the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey does hereby authorize the Mayor and/or his designee to apply for such a grant; and, Regular Meeting May 13, 2020 Page 24 WHEREAS, the City recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the Department of Homeland Security, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Bayonne and the Department of Homeland Security; and WHEREAS, the Mayor and Council of the City of Bayonne authorizes the expenditure based on the grant formula fund the proposed projects at 90% federal funding with a 10% local match; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey that the Mayor and/or his designee and/or other appropriate City Officials are authorized to sign the application, the contract, and any other documents necessary in connection herewith to ensure that the intent of this resolution is carried out. ********** 19. The Council as a whole moved the following resolution, which was read by the Clerk and adopted WHEREAS, the Police Department of the City of Bayonne has established that there is a need a software license maintenance agreement for the Police Department’s VeriPic digital photo management software; and WHEREAS, VeriPic, Inc., is willing and able to supply said service for a one year period commencing July 1, 2020 and ending June 30, 2021 at a cost of $2,900.00; and WHEREAS, funds are certified as available in Account #0-201-25-240-2-020 pending approval of the CY 2020 Budget; and WHEREAS, N.J.S.A. 40A:11-3(a), allows for the award of a contract without the necessity of public advertising for bids where the municipality has a Qualified Purchasing Agent, and when the cost or price does not exceed $2,900.00; now, therefore, be it RESOLVED, that the Municipal Treasurer be and is hereby authorized and directed to issue a warrant payable to VeriPic, Inc., in the amount of $2,900.00 in payment for said services. ********** 20. The Council as a whole moved the following resolution, which was read by the Clerk and adopted WHEREAS, the City of Bayonne desires to apply for and obtain a grant from the Department of Justice: Bureau of Justice Assistance-Coronavirus Emergency Supplemental Funding 9CESF) program in the amount of $51,793.00 to purchase COVID-19 related equipment, and WHEREAS, the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey does hereby authorize the Mayor and/or his designee to apply for such a grant; and, WHEREAS, the City recognizes and accepts that the Department may offer a lesser or greater amount and therefore, upon receipt of the grant agreement from the Department of Homeland Security, does further authorize the execution of any such grant agreement; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Bayonne and the Department of Homeland Security; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Bayonne, County of Hudson, State of New Jersey that the Mayor and/or his designee and/or other appropriate City Officials are authorized to sign the application, the contract, and any other documents necessary in connection herewith to ensure that the intent of this resolution is carried out. **********  Regular Meeting May 13,2020 Page 25 21. The Council as a whole moved the following resolution, which was read by the Clerk and adopted RESOLVED, That the application of the below listed organizations for RAFFLE LICENSE be granted: LICENSEE LICENSE St. Henry’s R.C. Church RL: 9452 ********** 22. Council Member Perez, moved the following resolution, seconded by Council President Nadrowski which was read by the Clerk and adopted #5 TEMPORARY EMERGENCY APPROPRIATION CY 2020 WHEREAS, an emergency condition has arisen with respect to providing appropriations to pay various costs, as per attached schedule, and no adequate provision has been made in the CY 19 Temporary Budget for the aforesaid purposes and N.J.S.:4-20 provides for the creation of an emergency temporary appropriation for the purposes above mentioned, and WHEREAS, the total emergency resolution adopted in the CY 19 budget pursuant to the provisions of Chapter 96, P.L. 1951 (NJS 40A:4-20) including this resolution total Current Fund $ 9.151,963.00 Parking Utility $ 249,000.00 NOW THEREFORE, BE IT RESOLVED (not less than two-thirds of all members therefore affirmatively concurring) that in accordance with NJS 40A:4-20 1- An emergency temporary appropriation be and the same is hereby made as per attached schedule: Current Fund $ 2,715,000.00 Parking Utility $ 40,000.00 2- That said emergency temporary appropriation will be provided for the CY 19 budget under the title of, as per attached schedule: Current Fund $ 2,715,000.00 Parking Utility $ 40,000.00 3- That one certified copy of this resolution be filed with the Director of Local Government Services. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 23. Council President Nadrowski moved the following resolution, seconded by Council Member Gullace, which was read by the Clerk and adopted WHEREAS, the City of Bayonne is in need of technical support and maintenance of its departmental data management software and continued enterprise licensing for the municipal management software currently in use for a one year period commencing July 1, 2020, and ending June 30, 2021; and WHEREAS, Spatial Data Logic has provided the City with such software and support services for their GeoLogic software, pursuant to an agreement authorized by Resolution No. 09-12- 16-044 and has provided the City with an Annual Notice of Rates for 2020 dated October 31, 2019, wherein the City’s annual applicable rate is reflected as $55,000.00 for continued licensing, technical support and maintenance for the period commencing July 1, 2020, through June 30, 2021; and WHEREAS, the Business Administrator has determined and certified in writing that the Regular Meeting May 13, 2020 Page 26 value of the acquisition will exceed $17,500.00; and, WHEREAS, it is essential for the safety and welfare of the public that the City’s technical support and maintenance of its departmental data management software be maintained in order to respond to the public in the most effective manner; and WHEREAS, funds are certified as available in Account T-12-56-813-0000-199; and WHEREAS, Spatial Data Logic has completed and submitted a “Business Entity Disclosure Certification for Non-Fair and Open Contracts” required Pursuant to N.J.S.A. 19:44A- 20.8 which certifies that Spatial Data Logic has not made any reportable contributions to a political or candidate committee in the City of Bayonne in the previous one year, and that the contract will prohibit Spatial Data Logic from making any reportable contributions through the term of the contract; now, therefore, be it RESOLVED, by the Municipal Council as follows: 1. The Mayor and the City Clerk are hereby authorized to enter into a contract with Spatial Data Logic, 285 Davidson Avenue, Suite 302, Somerset, NJ 08873 for technical support and maintenance of its departmental data management software and continued enterprise licensing for the municipal management software currently in use for a one year period commencing July 1, 2020, and ending June 30, 2021, for an amount not to exceed $55,000.00. 2. Funds shall be charged to Account T-12-56-813-0000-199. 3. The Business Disclosure Entity Certification and the Determination of Value shall be placed on file with this resolution. 4. Notice of this action shall be printed once in a newspaper of general circulation within the boundaries of the City of Bayonne. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 24. Council President Nadrowski moved the following resolution, seconded by Council Member Perez, which was read by the Clerk and adopted RESOLUTION OF THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, NEW JERSEY, DETERMINING THE FORM AND OTHER DETAILS OF ITS “NOTE RELATING TO THE TRANSPORTATION BANK SHORT-TERM LOAN PROGRAM OF THE NEW JERSEY INFRASTRUCTURE BANK”, TO BE ISSUED IN ONE OR MORE SERIES IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $9,523,809, AND PROVIDING FOR THE ISSUANCE AND SALE OF SUCH NOTE TO THE NEW JERSEY INFRASTRUCTURE BANK, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH NOTE BY THE CITY OF BAYONNE IN FAVOR OF THE NEW JERSEY INFRASTRUCTURE BANK, ALL PURSUANT TO THE NEW JERSEY INFRASTRUCTURE BANK’S TRANSPORTATION BANK SHORT-TERM LOAN PROGRAM WHEREAS, the City of Bayonne (the “Local Unit”), in the County of Hudson, New Jersey, has determined that there exists a need within the Local Unit to design, construct, renovate, acquire and/or install a project consisting of the E. 22 nd Street Pedestrian Bridge, the E. 34th Street Pedestrian Bridge, and the E. 25th Street Pedestrian Bridge such improvements to include, but not be limited to, retaining walls and approaches, permanent structures of brick, stone, concrete or metal, or similar durable constructions and roadway and traffic calming improvements, including, but not limited to, milling, paving, resurfacing, grading, and repairing and/or installation of associated curbs, curb ramps, sidewalks, driveway aprons, resetting utility castings, drainage work, guide rail improvements, safety improvements, lighting and associated aesthetic and real property improvements (the “Project”), and it is the desire of the Local Unit to obtain financing for all or any portion of such Project through participation in the transportation financing programs (the “Transportation Bank”) of the New Jersey Infrastructure Bank (the “I- Bank”) as established pursuant to, and in satisfaction of, the “New Jersey Infrastructure Trust Act,” constituting Chapter 334 of the Laws of New Jersey of 1985 (codified at N.J.S.A. 58:11B-1 et seq.), as the same has been, and in the future may from time to time be, amended and supplemented (the “I-Bank Act”); WHEREAS, the Local Unit has determined to short-term finance the design and construction of all or any portion of such Project through the Transportation Bank short-term  Regular Meeting May 13,2020 Page 27 loan program (the “Transportation Short-Term Loan Program”) with proceeds of one or more short-term loan(s) (the “Transportation Short-Term Loan”) from the I-Bank; WHEREAS, in order to (i) evidence and secure the repayment obligation of the Local Unit to the I-Bank with respect to the Transportation Short-Term Loan, and (ii) satisfy the requirements of the Transportation Short-Term Loan Program, it is the desire of the Local Unit to issue and sell to the I-Bank the “Note Relating to the Transportation Bank Short-Term Loan Program of the New Jersey Infrastructure Bank” in an aggregate principal amount of up to $9,523,809 (to be issued in one or more series, as applicable) (the “Note”); WHEREAS, it is the desire of the Local Unit to authorize, execute, attest and deliver each Note to the I-Bank pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the “Local Bond Law”), and other applicable law; and WHEREAS, Section 28 of the Local Bond Law and Section 9 of the I-Bank Act permit the sale of each Note to the I-Bank (in one or more series), without any public offering, all pursuant to the terms and conditions set forth, respectively, therein. NOW, THEREFORE, BE IT RESOLVED by the governing body of the Local Unit as follows: Section 1. The obligation represented by the Note has been appropriated and authorized by bond ordinance #O-20-19 of the Local Unit, which bond ordinance (i) is entitled “BOND ORDINANCE PROVIDING FOR VARIOUS PEDESTRIAN BRIDGE, ROADWAY AND TRAFFIC CALMING IMPROVEMENTS, BY AND IN THE CITY OF BAYONNE, IN THE COUNTY OF HUDSON, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $10,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $9,523,809 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF” and was finally adopted by the Local Unit at a meeting duly called and held on March 18, 2020, at which time a quorum was present and acted throughout, (ii) thereafter duly published as required, and (iii) is in full force and effect, all pursuant to and in satisfaction of the terms of the Local Bond Law and other applicable law. In accordance with Section 28 of the Local Bond Law and Section 9 of the I-Bank Act, the Local Unit hereby authorizes the issuance, sale and award of the Note (in one or more series) to the I- Bank in accordance with the provisions hereof. Section 2. The Chief Financial Officer of the Local Unit (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law, the I-Bank Act, other applicable law and pursuant to the terms and conditions hereof, (i) the final principal amount(s) (if sold in one or more series, as applicable) of each Note (subject to the maximum limitation set forth in Section 4(a) hereof), (ii) the dated date(s) (if sold in one or more series, as applicable) of each Note and (iii) the interest rate(s) (if sold in one or more series, as applicable) of each Note. Section 3. Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of each Note by the parties authorized pursuant to Section 4(h) hereof. Section 4. The Local Unit hereby determines that certain terms of the Note shall be as follows: (a) the aggregate principal amount of the Notes to be issued to the I-Bank, shall be an amount up to $9,523,809 and may be issued in more than one series provided the combined principal amounts do not exceed $9,523,809; (b) the maturity or maturities of each Note (if sold in more than one series) shall be as determined by the I-Bank pursuant to the terms and provisions of the Transportation Short-Term Loan Program; (c) the interest rate or rates of each Note (if sold in more than one series) shall be as determined by the I-Bank pursuant to the terms and provisions of the Transportation Short-Term Loan Program; (d) the purchase price or prices (if sold in more than one series) for each Note shall be par; (e) each Note shall be subject to prepayment prior to its stated maturity and to repayment at or prior to its stated maturity, each in accordance with the terms and provisions of the Transportation Short-Term Loan Program; (f) each Note shall be issued in a single denomination and shall be numbered “NJTB- STLP-2020-__” (or such other year or designation at the time of issuance); Regular Meeting May 13, 2020 Page 28 (g) each Note shall be issued in fully registered form and shall be payable to the registered owner thereof as to both principal and interest in lawful money of the United States of America; and (h) each Note shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Local Unit Clerk. Section 5. Each Note shall be substantially in the form attached hereto as Exhibit A. Section 6. The law firm of Archer & Greiner P.C. is hereby authorized to arrange for the drafting, preparation and printing of each Note, which law firm may authorize Chiesa Shahinian & Giantomasi PC, bond counsel to the I-Bank for the Transportation Short-Term Loan Program, to arrange for same. Section 7. The Authorized Officers of the Local Unit are hereby further severally authorized to (i) execute and deliver, and the Local Unit Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the Local Unit to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers, in their respective sole discretion, after consultation with counsel and any advisors to the Local Unit and after further consultation with the I-Bank and its representatives, agents, counsel and advisors, to be executed in connection with the issuance and sale of the Note and the participation of the Local Unit in the Transportation Short-Term Loan Program, which determination shall be conclusively evidenced by the execution of each such certificate or other document by the party authorized hereunder to execute such certificate or other document, and (ii) perform such other actions as the Authorized Officers deem necessary, desirable or convenient in relation to the execution, issuance and delivery of the Note and the participation of the Local Unit in the Transportation Short-Term Loan Program. Section 8. This resolution shall take effect immediately. Section 9. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies of this resolution to John M. Cantalupo, Esq., Archer & Greiner P.C., bond counsel to the Local Unit; David E. Zimmer, Executive Director of the I-Bank; and Tricia M. Gasparine, Esq., Chiesa Shahinian & Giantomasi PC, bond counsel to the I-Bank for the Transportation Short- Term Loan Program. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 25. Council President Nadrowski moved the following resolution, seconded by Council Member Perez which was read by the Clerk and adopted WHEREAS, N.J.S.A. 40A:4-40 allows the Reserve for Uncollected Taxes, when approved by resolution of the governing body, to be calculated using a three (3) year average of prior years’ percentage of cash collections; and WHEREAS, the tax collection rate has been reduced by the amount of tax appeals awarded and using last year’s years reduced rate alone would increase the amount to be raised by taxation. RESOLVED, that the Chief Financial Officer is authorized to use a three (3) year average of prior cash collections for the calculation of the CY 2020 budget appropriation “Reserve for Uncollected Taxes.” Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 26. Council President Nadrowski moved the following resolution, seconded by Council Member Perez, which was read by the Clerk and adopted WHEREAS, due to the delay in the adoption of the CY 2020 Municipal Budget it has become necessary to prepare and mail estimated third quarter tax bills; and  Regular Meeting May 13,2020 Page 29 WHEREAS, the Chief Financial Officer, Tax Collector and Municipal Clerk are required to certify the estimated third quarter tax levy; RESOLVED, that the certification of the estimated third quarter tax levy for the CY 2020 is hereby approved and that a copy of said certification along with this resolution shall be forwarded to the Director of the Division of Local Government Services and the County Board of Taxation. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ********** 27. Council Member Gullace moved the following resolution, seconded by Council Member Perez, which was read by the Clerk and adopted WHEREAS, by way of Resolution No. 18-12-19-090 adopted by the Municipal Council on December 19, 2018, the City entered into Agreement No. CY19-021 with Appraisal Systems, Inc. of Morristown, New Jersey (“ASI”) to perform a City Wide Property Tax Revaluation to take effect for the Tax Year 2020; and WHEREAS, the Tax Assessor has advised that it is necessary to file tax appeals at the Hudson County Tax Board level for certain 2020 tax assessments in order to correct errors resulting from changes made to Property Record Cards by ASI which resulted in a change in the assessed value as a result of either the taxpayer contacting ASI or having had an informal hearing with ASI subsequent to March 20, 2020; now, therefore, be it RESOLVED, by the Municipal Council as follows: 1. The Tax Assessor is hereby authorized to file tax appeals at the Hudson County Tax Board level for the 2020 tax assessments requiring the correction of errors resulting from the reasons as stated above. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 28. Council President Nadrowski moved the following resolution, seconded by Council Member Gullace, which was read by the Clerk and adopted WHEREAS, New Jersey Transit Corporation, a public instrumentality of the State of New Jersey established by the New Jersey Public Transportation Act of 1979, N..S.A. 27:25-1 et seq., (“NJ TRANSIT”) is engaged, as part of upgrading its rail transit system, in the design and construction of the “The Portal North Bridge Project” (the “Project”), which will construct additional right-of-way and one fix bridge spanning the Hackensack River North of the existing Northeast Rail Corridor in Hudson County, in the municipalities of Kearny and Secaucus, in the State of New Jersey; and WHEREAS, this bridge will be constructed to replace an existing swing bridge which has been in operation since 1910 and to increase Trans-Hudson passenger rail capacity; and WHEREAS, the construction of the Project will require the relocation of portions of the City of Bayonne’s facilities, and NJ TRANSIT and the City of Bayonne (the “City”) (collectively the “Parties”) desire to cooperate to accomplish such relocation expeditiously and with minimum interference with the operation of the Parties; and WHEREAS, the relocated facilities will as nearly practicable serve the City in the same manner and reasonably as well as does the existing affected facilities; and WHEREAS, the City owns the existing facilities in the area encompassed by the Project; and Regular Meeting May 13, 2020 Page 30 WHEREAS, pursuant to the terms of the Amended and Restated Water Services Franchise and Service Agreement, the City operates and maintains the existing facilities in the area encompassed by the Project; and WHEREAS, NJ TRANSIT has provided City with drawings and/or preliminary plans for the Project and City has identified the existing City Facilities which it believes may be affected by the Project; and WHEREAS, the City is agreeable to allowing for the relocation of the affected existing facilities to accommodate construction of the Project, subject to certain terms and conditions as is acceptable to the Law Director; and WHEREAS, NJ TRANSIT, and the City desire to set forth their mutual understanding and agreement concerning the basis on which City will be reimbursed by NJ TRANSIT for the costs incurred by City in the relocation of the affected existing facilities; and WHEREAS, NJ TRANSIT has provided the City with a proposed ‘Master Utility Relocation Agreement;” now, therefore, be it RESOLVED, by the Municipal Council as follows: The Mayor and/or his designee are hereby authorized to execute a “Master Utility Relocation Agreement” in a form approved by the Law Department Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 29. Council Member Perez moved the following resolution, seconded by Council Member Carroll, which was read by the Clerk and adopted RESOLUTION OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY AUTHORIZING A LICENSE AGREEMENT WITH LEG-BAYONNE OWNER LLC AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY FOR THE CONSTRUCTION OF A NORTH SOUTH CONNECTOR ROAD LINKING PORT TERMINAL BOULEVARD WITH PORT LINCOLN ROAD AT THE PENINSULA AT BAYONNE HARBOR (MOTBY) WHEREAS, LEG-Bayonne Owner LLC is the owner and Redeveloper of Block 1180 Lots 1.01 and 1.02 commonly known as the Maritime District (“the Redevelopment Area”), and WHEREAS, in connection with the development of the Redevelopment Area, LEG- Bayonne Owner LLC is proposing to construct a north south connector road with the goal of the project to provide efficient flow of traffic throughout the development area and adjacent properties, and WHEREAS, LEG-Bayonne Owner LLC in conjunction with the City of Bayonne has designed the roadway and associated improvements, and WHEREAS, the City has received grant funding to offset the costs associated with the construction of the proposed roadway, and WHEREAS, the Port Authority of New York and New Jersey is the current owner of the property wherein the roadway construction will take place, and WHEREAS, the City, the Port Authority of New York and New Jersey and LEG-Bayonne Owner LLC have reached an agreement as to the form of the license agreement as set forth in Exhibit A attached hereto and made part of this resolution, and WHEREAS, the license agreement permits LEG-Bayonne Owner LLC and the City to construct the roadway and associated improvements; no, therefore, be it RESOLVED, BY THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, NEW JERSEY, AS FOLLOWS: Section 1. Permission is hereby granted to the Mayor or his designee to enter into a License Agreement with LEG- Bayonne Owner LLC, and the Port Authority of New York and New Jersey upon terms and conditions acceptable to the City Attorney or Redevelopment Council similar to the form attached hereto as Exhibit A for the construction of the north south connector road. Section 2. This Resolution shall take effect immediately.  Regular Meeting May 13,2020 Page 31 Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 30. Council Member Perez moved the following resolution, seconded by Council President Nadrowski, which was read by the Clerk and adopted RESOLUTION OF THE CITY OF BAYONNE, COUNTY OF HUDSON, NEW JERSEY DESIGNATING BAYVIEW JV, LLC AS REDEVELOPER FOR THE PROPERTY LOCATED AT 175 AVENUE A, WHICH IS IDENTIFIED AS BLOCK 300.01, LOTS 1, 2 AND 3 AND BLOCK 301.03 LOTS 2 AND 3 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE AND AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT (A & P AND DUGAN LOTS) 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 the Redevelopment Law, the Municipal Council (the “Municipal Council”) adopted Resolution No. 98-02-04-040, designating the entire City as an area in need of rehabilitation in accordance with N.J.S.A. 40A:12A-14; and WHEREAS, on July 9, 2019 the Planning Board held a public hearing, duly noticed under the Redevelopment Law, and reviewed an investigation/report titled “Preliminary Investigation Condemnation Area in Need of Redevelopment and Non-Condemnation Area in Need of Redevelopment Block 300.01, Lots 2 and 3 (Condemnation Area) Block 301.03 Lots 2 and 3 (Non- Condemnation Area) City of Bayonne , Hudson County” prepared by Suzanne Mack, PPAICP, City of Bayonne, Division of Planning & Zoning, Department of Administration, (the “Study”); and WHEREAS, on July 17, 2019, the Municipal Council adopted a Resolution designating the property identified as Block 300.01, Lots 1, 2 and 3 and Block 301.03, Lots 2 and 3 as an area in need of redevelopment, and WHEREAS, Bayview JV, LLC, with address of 1250 Route 28, Suite 101, Branchburg, NJ (the “Redeveloper”) wishes to develop the Redevelopment Area and use it for the purpose of implementing a Redevelopment Plan; and WHEREAS, the Redeveloper has requested that the Municipal Council, as a redevelopment entity, prepare a redevelopment agreement with the Redeveloper providing for the development of the Property in accordance with a Redevelopment Plan (the “Redevelopment Agreement”); and WHEREAS, the Municipal Council desires to designate Bayview JV, LLC, as redeveloper of the Redevelopment Area and enter into a Redevelopment Agreement with the redeveloper, as provided for and in accordance with the provisions of the Redevelopment Law. NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF BAYONNE, NEW JERSEY AS FOLLOWS: Section 1. The Municipal Council of the City of Bayonne hereby authorizes the execution of the “Redevelopment Agreement By and Between the City of Bayonne and Bayview JV, LLC, concerning the Redevelopment Area identified as Block 300.01, Lots 1, 2 and 3 and Block 301.03, Lots 2 and 3 in the City of Bayonne, in such a form deemed advisable by the City Attorney, subject to any and all conditions contained herein and such revisions as deemed advisable by the City Attorney or Special Redevelopment Counsel to the City; and Section 2. The Municipal Council, condition upon the full execution of the Redevelopment Agreement recognizes Bayview JV, LLC, as redeveloper of Block 300.01, Lots 2 and 3 and Block 301.03 Lots 2 and 3 in the City of Bayonne (the “Redeveloper”) as provided for and in accordance with the provisions of the New Jersey Local Redevelopment and Housing Law. Regular Meeting May 13, 2020 Page 32 Section 3. The Mayor and Clerk are hereby authorized to execute the Redevelopment Agreement, with such revisions as deemed advisable by the City Attorney or Special Redevelopment Counsel, on behalf of the City of Bayonne, acting as the redevelopment entity for the redevelopment of the Redevelopment Area by the Redeveloper. Section 4. This Resolution shall take effect immediately. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** 31. Council Member Perez moved the following resolution, seconded by Council Member Carroll, which was read by the Clerk and adopted Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski ********** 32. Council President Nadrowski moved the following resolution, seconded by Council Member Gullace, which was read by the Clerk and adopted WHEREAS, the City of Bayonne is in need of remote web-hosting services for its various public meetings during the COVID-19 crisis; and WHEREAS, the City is in receipt of a quote from TetherView, 1000 Sanger Avenue, Oceanport, NJ 07757 dated May 5, 2020 whereby TetherView agrees to provide the required services for an amount not to exceed $15,000.00; and WHEREAS, N.J.S.A. 40A:11-3(a), allows for the award of a contract without the necessity of public advertising for bids where the municipality has a Qualified Purchasing Agent, and when the cost or price does not exceed $40,000.00; and WHEREAS, pursuant to the Local Public Contract Law (N.J.S.A. 40A:11-1, et seq.), a notice of this action shall be printed once in a newspaper of general circulation within the  Regular Meeting May 13,2020 Page 33 boundaries of the City of Bayonne and the contract shall be made available for public inspection in the City Clerk’s office; and WHEREAS, funds are certified as available in 0-01-30-430-0000-932 State of Emergency- COVID 19; now, therefore, be it RESOLVED, by the Municipal Council of the City of Bayonne 1. The Mayor and City Clerk are hereby authorized to execute an Agreement with TetherView, 1000 Sanger Avenue, Oceanport, NJ 07757 for the provision of remote web-hosting services for the City’s various public meetings during the COVID-19 for an amount not to exceed $15,000.00 pursuant to the quote received from TetherView dated May 5, 2020. 2. Funds shall be chargeable to 0-01-30-430-0000-932 State of Emergency-COVID 19. 3. A notice of this action shall be printed once in a newspaper of general circulation within the boundaries of the City of Bayonne. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski Absent – Council Member LaPelusa. ********** At 7:19 P.M., Council Member Perez motion to adjourn, seconded by Council Member Carroll, which motion was adopted. Yeas - Council Members Carroll, Gullace, Perez and President Nadrowski. Absent – Council Member LaPelusa. ___________________________________ President – Sharon A. Nadrowski _____________________________________ Clerk – Madelene C. Medina