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City Council - Special

Special Meeting

Bayonne, NJ · March 1, 2023

AgendaMinutes

Minutes

SPECIAL 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, MARCH 1, 2023 The Council met at 7”02 P.M. The Council President LaPelusa 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 March 1, 2023 has 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 February 24, 2023.” The Special Meeting of the Municipal Council of the City of Bayonne is now in session. The Clerk called the roll. Present were: Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa. The Council President led the Pledge of Allegiance. ********** 01. Council Member Perez moved the following communication be received and filed, seconded by Council Member Booker, which motion was adopted. February 24, 2023 Madelene C. Medina City Clerk 630 Avenue C Bayonne, NJ 07002 Re: Special Meeting – March 1, 2023 Dear Ms. Medina: Please be advised that it is necessary to call a special meeting of the Municipal Council on Wednesday, January 25, 2023 at 7:00 P.M, in the Dorothy E. Harrington Municipal Council Chambers. The purpose of this special meeting is as follows: 1. ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND TOGUS URBAN RENEWAL, LLC FOR THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2 2. ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, PROVIDING FOR THE SPECIAL ASSESSMENT OF THE COST OF CERTAIN IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2 3. ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, AUTHORIZING THE GUARANTY OF NOT-TO-EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY GUARANTEED REDEVELOPMENT AREA BONDS 4. Appointing Members to the Bayonne Hospital Authority. 5. Appointing JOSEPH SKILLENDER, JR. as Director of PLANNING, ZONING AND DEVELOPMENT. 6. Reporting on bids received on February 23, 2023 for IMPROVEMENTS TO NEW HOOK ROAD. (5 bidders) Special Meeting March 1, 2023 Page 2 of 6 7. AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH TOGUS URBAN RENEWAL, LLC FOR THE REDEVELOPMENT OF THE PROPERTY WHICH IS IDENTIFIED AS BLOCK 332, LOT 3; BLOCK 360, LOT 2; BLOCK 373, LOTS 1, 2, 13, 14 AND 15; BLOCK 390, LOTS 1 AND 2 (A/K/A RG67); BLOCK 391, LOTS 1 AND 2; AND BLOCK 511, LOTS 5 AND 6 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE IN ACCORDANCE WITH THE REDEVELOPMENT PLAN 8. Awarding the contract for Improvements to New Hook Road to KM CONSTRUCTION CORP, Irvington, New Jersey for total base bid among of $3,779,069.84. Please ensure that the appropriate Open Public Meeting Act notice is effectuated. Very truly yours, James M. Davis Mayor Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** Council President LaPelusa addressed the members of the audience on the three (3) ordinances and the Redevelopment Plan of the 1888 Studios. ********** 02. Council Member Perez moved the following resolution, seconded by Council President LaPelusa, which was read by the Clerk and adopted. WHEREAS, an ordinance entitled, “ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND TOGUS URBAN RENEWAL, LLC FOR THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2” was introduced and passed a first reading at a meeting held January 25, 2023, 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 February 15, 2023; and WHEREAS, said ordinance was given a second reading at the meeting of February 15, 2023; and WHEREAS, the public hearing and final passage was postponed until this meeting of March 1, 2023; and WHEREAS, the Municipal Council continues to review all the documentation before them, it is therefore necessary to postpone the final passage to the meeting of March 15, 2023. NOW BE IT RESOLVED, that final passage of this ordinance is scheduled for the meeting of March 15, 2023. Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 03. Council Member Booker moved the following resolution, seconded by Council Member Carroll, which was read by the Clerk and adopted. WHEREAS, an ordinance entitled, “ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, PROVIDING FOR THE SPECIAL ASSESSMENT OF THE COST OF CERTAIN IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2” was introduced and passed a first reading at a meeting held January 25, 2023, 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 February 15, 2023; and WHEREAS, said ordinance was given a second reading at the meeting of February 15, 2023; and WHEREAS, the public hearing and final passage was postponed until this meeting of March 1, 2023; and WHEREAS, the Municipal Council continues to review all the documentation before them, it is therefore necessary to postpone the final passage to the meeting of March 15, 2023. NOW BE IT RESOLVED, that final passage of this ordinance is scheduled for the meeting of March 15, 2023. Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 04. Council Member Perez moved the following resolution, seconded by Council Member Booker, which was read by the Clerk and adopted. WHEREAS, an ordinance entitled, “ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, AUTHORIZING THE GUARANTY OF NOT-TO-EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY GUARANTEED REDEVELOPMENT AREA BONDS” was introduced and passed a first reading at a meeting held January 25, 2023, 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 February 15, 2023; and WHEREAS, said ordinance was given a second reading at the meeting of February 15, 2023; and WHEREAS, the public hearing and final passage was postponed until this meeting of March 1, 2023; and WHEREAS, the Municipal Council continues to review all the documentation before them, it is therefore necessary to postpone the final passage to the meeting of March 15, 2023. NOW BE IT RESOLVED, that final passage of this ordinance is scheduled for the meeting of March 15, 2023. Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 05. Council President LaPelusa moved the following communication be received and filed, seconded by Council Member Perez, which was read by the Clerk and adopted. February 24, 2023 Dear Council President LaPelusa and Honorable Members of City Council I hereby appoint the following individuals to the Municipal Hospital Authority of the City of Bayonne: William Sampson Appointment as Class I Member (Mayor’s Designee) Dr. Mohammed Zubair Appointment as Class II Hospital Member Dr. Shahnaz Akhtar Appointment as Class II Hospital Member Vincent Lombardo Appointment as Class III Public Member Irene Pyke Appointment as Class III Public Member Kenneth Poesl Appointment as Class III Public Member Patricia Kraszyk Appointment as Class III Public Member Meriem Bendaoud Appointment as Class III Public Member Robert Doria Appointment as Class III Public Member Dr. Alfredo Rabines Appointment as Class IV Non-Voting Member Commissioner of Community Affairs of New Jersey Appointee Appointment as Class III Public Member In conjunction with these appointments, the City Clerk has been directed to add an accompanying item on the Municipal Council’s Special Meeting of March 1, 2023 agenda to be received and filed by the City Council. Special Meeting March 1, 2023 Page 4 of 6 Very truly yours, James M. Davis Mayor BE IT RESOLVED, that the Municipal Council of the City of Bayonne hereby consents to and confirms the foregoing appointments. Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 06. Council President LaPelusa moved the following communication be received and filed, seconded by Council Member Perez, which was read by the Clerk and adopted. February 24, 2023 RE: Appointment of Joseph D. Skillender, Jr., Esq. Director of Planning, Zoning and Development Dear Council President LaPelusa. Honorable Members of City Council and City Clerk Madelene Medina Please be advised that I am appointing Joseph D. Skillender, Jr., Esq., as Director of Planning, Zoning and Development (Chapter 2, Article 10 of the Revised General Ordiances of the City of Bayonne) effective March 1, 2023. Pursuant to Statute, the advise and consent of the Municipal Council is required. As such, I would ask that a resolution approving this appointment be voted on at the Municipal Council ‘s Special Meeting of March 1, 2023. If you have any questions, please contact me at your convenience. Very truly yours, James M. Davis Mayor BE IT RESOLVED, that the Municipal Council of the City of Bayonne hereby consents to and confirms the foregoing appointment, Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 07. Council President LaPelusa moved the following communication be received and filed, seconded by Council Member Perez, which was read by the Clerk and adopted. BID REPORT FOR THE MUNICIPAL COUNCIL Date: 02/24/23 Ad Date: 01/28/23 Resolution #20-02-19- 004 Date bids accepted: 02/23/23 Attending: Amy Dellabella, Purchasing Agent Rob Russo, CME Bid titled: IMPROVEMENTS TO NEW HOOK ROAD Bidders: Total amount Total amount Deletion 5 Deletion 4 Deletion 3 Deletion 2 Deletion 1 Total amount Total amount bid alternate Remove Remove Remove Remove Remove bid alternate bid alternate C Commerce Commerce St heavy duty Basin Sta Basin Sta Basin Sta A Sta 0+00 - B Sta 41+00- St drainage drainage geotextile 10+00 to 29+50 to 11+75 to 41+00 to Terminus improvements improvements filter fabric 11+75 31+00 14+95 KM CONSTRUCTION CORP. 14 CORDIER STREET IRVINGTON, NJ 07111 $1,091,674.55 $1,091,674.55 $565,620.35 ($565,620.35) ($37,810.00) ($123,191.35) ($143,144.01) ($190,216.60) BLACK ROCK ENTERPRISES LLC 1316 ENGLISHTOWN RD OLD BRIDGE, NJ 08857 $2,998,885.85 $1,364,423.45 $494,010.00 ($494,010.00) ($27,600.00) ($115,866.00) ($183,381.00) ($181,283.00) REIVAX CONTACTING CORP. 165 RIVER RD FLEMINGTON, NJ 08822 $3,384,128.20 $1,300,537.90 $445,013.55 ($445,013.55) ($22,080.00) ($123,345.95) ($165,348.60) ($221,211.75) PETILLO LLC 167 FLANDERS RD. FLANDERS, NJ 078236 $4,557,590.75 $1,836,007.25 $501,311.25 ($501,311.25) ($19,320.00) ($188,334.50) ($237,503.25) ($358,708.50) UNION PAVING & CONSTRUCTION CO. INC. 1140 GLOBE AVE MOUNTAINSIDE, NJ 07092 $4,828,469.50 $1,602,845.55 $475,388.75 ($475,388.75) ($38,640.00) ($167,480.00) ($196,500.00) ($261,270.00) 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, R.P.P.O., Q.P.A. Purchasing Agent Yeas – Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa ********** 08. Council Member Perez moved the following resolution, seconded by Council Member Booker, which was read by the Clerk and adopted. WHEREAS, pursuant to Resolution No. 23-01-03-004 adopted January 3, 2023, the City Clerk, advertised in the Jersey Journal on January 28, 2023 that sealed bids for 2023 IMPROVEMENTS TO NEW HOOK ROAD would be received on February 23, 2023; and WHEREAS, pursuant to such advertisement, five (5) proposals were received from: See Schedule A attached hereto ;and WHEREAS, the Purchasing Agent, the City Engineer and the Director of Public Works have examined the bids and have determined that the bid of KM Construction Corp., 14 Cordier Street, Irvington, New Jersey 07047 utilizing Deletion Item No. 5 through Deletion Item No. 2 for a total contract amount of $3,779,069.84 is a regular bid and is the most advantageous to the City; and WHEREAS, the award of this contract is subject to the approval of the New Jersey Department of Transportation; and WHEREAS, funds are certified as available in Account G-02-41-954-000-199 - $2,500,000.00 and Account G-02-41-589-0000-199 - $1,279,069.84; now, therefore, be it RESOLVED, by the Municipal Council as follows: 1. The contract for 2023 IMPROVEMENTS TO NEW HOOK ROAD utilizing Deletion Item No. 5 through Deletion No. 2 be awarded to: KM CONSTRUCTION CORP. 14 CORDIER STREET IRVINGTON, NJ 07111 for the following bid price: $3,779,069.84 and that the contract be executed in the name of the City of Bayonne by the proper city officials. Special Meeting March 1, 2023 Page 6 of 6 2. The award of this contract is subject to the approval of the New Jersey Department of Transportation. 3. Funds shall be charged to Account G-02-41-954-000-199 - $2,500,000.00 and Account G-02-41-589-0000-199 - $1,279,069.84. JHC Yeas: Council Member Booker, Carroll, Perez, Weimmer and President LaPelusa. . At ** P.M., Council Member ** moved to adjourn, seconded by Council Member ** , which motion was adopted. Yeas - Council Members Booker, Carroll, Perez, Weimmer and President LaPelusa. ********** _______________________________________ President – Gary LaPelusa ____________________________________ City Clerk – Madelene C. Medina

Agenda

As of 1:18 PM:02/27/23 CITY OF BAYONNE CITY COUNCIL SPECIAL MEETING MARCH 1, 2023 ORDINANCES, COMMUNICATIONS AND ADMINISTRATION REQUESTS FOR COUNCIL MEETING AGENDA OR-1 From the Honorable JAMES M. DAVIS, Mayor calling a Special Meeting of the Municipal Council for Wednesday, March 1, 2023 at 7:00 pm. ORDINANCES SCHEDULED FOR HEARING AND FINAL PASSAGE O-1 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY APPROVING A FINANCIAL AGREEMENT BY AND BETWEEN THE CITY OF BAYONNE AND TOGUS URBAN RENEWAL, LLC FOR THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2 O-2 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, PROVIDING FOR THE SPECIAL ASSESSMENT OF THE COST OF CERTAIN IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS BLOCK 332, LOT 3, BLOCK 360, LOT 2, BLOCK 390, LOTS 1 AND 2 (A.K.A. RG67), AND BLOCK 391, LOTS 1 AND 2 O-3 ORDINANCE OF THE CITY OF BAYONNE, COUNTY OF HUDSON, STATE OF NEW JERSEY, AUTHORIZING THE GUARANTY OF NOT-TO-EXCEED $65,000,000 AGGREGATE PRINCIPAL AMOUNT OF CITY GUARANTEED REDEVELOPMENT AREA BONDS PUBLIC COMMENTS Speakers are to sign the signup sheet prior to the meeting. OFFICER’S REPORT OR-2 From James M. Davis, Mayor, appointing the following individuals to the Bayonne Hospital Authority, which advice and consent: William Sampson Appointment as Class I Member (Mayor’s Designee) Dr. Mohammed Zubair Appointment as Class II Member (Hospital Member) Dr. Shahnaz Akhtar Appointment as Class II Member (Hospital Member) Vincent Lombardo Appointment as Class III Public Member Irene Pyke Appointment as Class III Public Member Kenneth Poesl Appointment as Class III Public Member Patricia Kraszyk Appointment as Class III Public Member Meriam Bendaoud Appointment as Class III Public Member Robert Doria Appointment as Class III Public Member Dr. Alfredo Rabines Appointment as Class IV Non-Voting Member Commissioner of Community Appointment as Class IV Non-Voting Member Affairs of New Jersey Appointee Special Meeting March 1, 2023 Page 1 of 2 OR-3 From James M. Davis, Mayor, appointing JOSEPH SKILLENDER, JR. as Director of PLANNING, ZONING AND DEVELOPMENT and resolution confirming said appointment OR-4 From the Purchasing Agent reporting on bids received on February 23, 2023 for IMPROVEMENTS TO NEW HOOK ROAD. (5 bidders) RESOLUTIONS R-1 AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH TOGUS URBAN RENEWAL, LLC FOR THE REDEVELOPMENT OF THE PROPERTY WHICH IS IDENTIFIED AS BLOCK 332, LOT 3; BLOCK 360, LOT 2; BLOCK 373, LOTS 1, 2, 13, 14 AND 15; BLOCK 390, LOTS 1 AND 2 (A/K/A RG67); BLOCK 391, LOTS 1 AND 2; AND BLOCK 511, LOTS 5 AND 6 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF BAYONNE IN ACCORDANCE WITH THE REDEVELOPMENT PLAN R-2 Awarding the contract for Improvements to New Hook Road to KM CONSTRUCTION CORP, Irvington, New Jersey for total base bid among of $4,648,823.55.

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