[Music] [Music] I would like to advise all those present that notice of this regular meeting of November 8th 2023 has been provided to the public in accordance with the provisions of the open public meeting Act of the state of New Jersey notice of time and place of this 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 Star Ledger on November 3rd 2023 the regular meeting of the municipal Council of the city of Bayon is now in session miss medinaa please call the role Mr Booker here Mr Carol here Mr Perez here Miss Mina is absent and Mr laaloa here please rise for the Pledge of Allegiance I pledge of aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay item number one has been withdrawn item number two has been withdrawn 03 an ordinance is entitled an ordinance of the city of Bayon County of Hudson state of New Jersey approving the amended and restated Financial agreement buying between the city of B and 26 North Avenue urban renewal LLC for the property located at 26 North Street which was introduced and passed the first reading at a meeting house September 23rd was published in the Jersey journal and posted on the bulletin boarders required by law with notice that it would be further considered for final passage following a public hearing at this meeting of October at the meeting of October 18th and was postone for postponed for further consideration to this meeting of November 8th is now before the council for's consideration and a public hearing and a resolution moved by council member Perez given the ordinance second reading Mr Booker Willi you second I and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi v apaloosa i second reading is by title in ordinance of the city of Bayon County of Hudson state of New Jersey approving the amended and restated Financial agreement bind between the city of B and 26 North Avenue urban renewal LLC for the property located at 26 North Street the council is now ready to give all persons interested in this ordinance an opportunity to be heard concerning it the council will recognize anyone who wishes to speak no protest against objections to or statements in favor of this ordinance or its passage has been filed with me may I have a motion to close move second and on the motion to close Mr Booker I Mr Carol I Mr Perez I Mr laaloa I and a resolution ordering final passage move and on the resolution Mr Booker Mr Carol uh just one moment Mr melli I see you're in the audience tonight would you come to the podium for a moment good evening good evening on this issue we spoke at length at a previous meeting with respect to the site and what the proposed new plan is for the site what we're going forward to do eliminating those phases that had 22 story buildings and now having a 14 story correct and so this would be in furtherance of that this would be to ex so we said what we're going to do is we're going to extend the other the other approval until we get the new approvals right that's so that's what the last agreement said and so this is in furtherance of that so we're going to extend we extended the Redevelopment agreement already so now we're going to extend the financial agreement once and now we've laid out a project schedule with Mr witches scalla uh we we we've finalized I think a project schedule once that happens all these go away this existing pilot will go away this existing or the existing RDA will sort of stay in place but it will be for the new project and then the approvals will will be new and the old approvals will go away understood that is and and that is actually correct so everything that we had talked about uh when we were here and it was actually I don't think it was last month I think it was the month prior uh as soon and we've actually set a very aggressive uh schedule with respect to the city adopting or moving forward with a Redevelopment plan that provides for the 14 stories it has specific requirements for the uh redeveloper to come in within certain time periods after that to seek site plan approvals as soon as those site plan approvals are granted assuming everything goes along uh that path uh the 22 I'll just call it the 22 story uh project all of those all of those approvals uh terminate immediately at that point uh and there would be an amended Financial agreement that would reflect not a 22 story project but the 14 story project at a maximum of 500 residential units and and ground floor retail some minimum amount as well so and you were very forthcoming at the previous meeting that we talked about this at which I appreciate greatly I know we we really hammered the point yes but if you know as it's been described tonight and as it's been described at that P previous meeting I I vote on thank you right this is all done at public meeting so it's on the record Mr Perez I Mr laaloa I 04 is an ordinance of the city of Bayon County of Hudson state of New Jersey approving an amended and restated Financial agreement buying between the city of Bon and 197 Avenue E urban renewal LLC B property located at 197 Avenue E which was introduced and pass the first reading at the meeting house September 20th was published in New Jersey journal and posted on the bullets and Boards required by law with notice that it would would be further considered for final passage following a public hearing at the meeting of October 8th and and was postponed for further consideration at the to this meeting of November 8th is now before the council for its consideration and a public hearing and resolution moved by the council president given the ordinance second reading who'd like to second second and on that resolution Mr Booker I Mr Carol I Mr Perez I miss Mr laaloa I second meeting is by title an ordinance of the city of Bayon County of Hudson state of New Jersey approving an amended restated Financial agreement buying between the city of Bayon and 197 Avenue E urban renewal LLC for the property located 197 Avenue E move it you did already I'm did so 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 no protest against objections to or statements in favor of this ordinance or it passage has been filed with me may I have a motion of it second and on the motion to close Mr Booker I Mr Carol I Mr Perez I Mr laaloa I and resolution ordering final passes move second and on the resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I five is an ordinance of the state city of Bayon County of Hudson state of New Jersey approving a Redevelopment plan for the property Loc Lo at at 80-84 East 25th Street which property is identified as block 442 lot 14 as shown on the official tax map of the city which was introduced and pass the first reading at the meeting held September 20th was published in New Jersey journal and posted on the bulletin board as required by law with notice that it will be further considered for final passage following a public hearing at the meeting of October 18th and was postponed for further consideration to this meeting of November 8th and is now before the council for its consideration and a public hearing and a resolution given the ordinance second reading who' like to move it move it second and on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I second reading is by title an ordinance of the city of Bon County of futon state of New Jersey approving a Redevelopment plan for the property located at 80-84 East 25th Street which is identified as block 44 42 lot 14 as shown on the official tax map of the city 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 no protest against objections to or statements in favor of this ordinance what's passage has been filed with me may I have a motion to Second and on the motion to close Mr Booker hi Mr Carol hi Mr Perez I Mr laaloa I and a resolution ordering final pass second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laal I six is an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 this was also introduced at the meeting house September 20th 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 at the meeting of October 18 and was postponed for further consideration at the to this meeting of November's 8th and is now before the council for its consideration and a public hearing and a resolution moved by the council president giving the ordinance second reading Mr Perez will be second second on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi second reading is by title an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic and 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 good evening Michael Mor 55 West 1 Street Bay New Jersey um can you clarify what this particular ordinance is about please we had a number of uh trucks that were parking on the side of the road there is a white line there where you're not supposed to park it's Mo basically a shoulder if you break down and so um we felt that that was a safety risk so we're prohibiting the parking on the side of of the road on Goldsboro Drive I agree with that it was mostly food trucks at the time but it could be for other there's other reasons people pull over if it's for a safety issue a vehicle uh breaks down or something like that we understand and that's really what it's for oh I agree with that that's fine I just needed clarification on it that's all thank you thank you so move and on the motion to close Mr Booker Mr Carrol I Mr Perez I Mr laaloa I and a resolution ordering final passage I'm move second and on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I 07 is an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic which was introduced and P the first reading at the meeting held September 20th was published in New Jersey journal and posted on the bulletin boards required by law with notice that it would be further considered for final passage following a public meeting hearing at the meeting of October 18th and was postponed for further consideration to this meeting of November 8th is now before the council for its consideration and a public Ki move it and on that resolution Mr Booker I Mr Carol hi Mr Perez hi Mr laloo I second reading is by title amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic this prohibits u-turns on Broadway the council is now ready to rec uh to give all persons interested in this ordinance and opportunity to be heard concerning it the council president will recognize anyone who wishes to speak good evening Michael Mars 55 West First Street bale New Jersey I just have a question regarding this uh what instigated this particular ordinance uh this evening or does anybody have any clarification on it so you're looking for one specific incident you mean were there any specific incidents uh I mean I don't think it was any one specific was it no there were there were numerous incidents at the uh during the farmers market was brought to my attention by residents and by uh vendors there that at that block in particular this was occurring but they also mentioned that it was occurring throughout Broadway and upon further study it was determined that are the ordinance on our books only had it for 16th to 26th the quote unquote business district area and I thought it would be of better use to strike a line through that and say the entirety I I've seen it on different parts especially Uptown where I live you could see it by the post office and different restaurants and as Broadway does better and better and stores open in different parts of the area other than that 16th to 203 26 District it it would benefit everyone yeah it's tough to make a u-turn mostly their K turns unless you have people not parked in those spots so it's they do it in the inter it's it's for safety really it's really for safety okay it's also for a pedestian traffic through people crossing the street and the you know impeding of uh moving traffic going north and south uh it's just very very safety [Music] issue I don't have an issue with it at all I just had a question uh as a resident for 65 years uh it seemed very normal to me I was always taught that you if you make a U-turn you should do it at the intersection which is the safest place it may not be proper but that's what I was taught and that's why I asked about it uh our our population is also increasing so that's the reason why I'm I'm in favor of this as well it we're getting more people on the street so it's better for my opinion people should go around the block rather than do the U-turn I agree with that I don't have a problem with that at all as I said it was just a question and uh I was curious as to what instigated the ordinance okay uh no more than that okay okay thank you for your time thank you anyone else on 07 no protest against objections to or statements in favor of this ordinance or its passage has been filed with May may have a motion to close some move second and on the motion to close Mr Booker I Mr Carol I Mr Perez I Mr laaloa I and a resolution ordering final passage move it second and on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laalo I 08 is an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic which was in introduced and passed at the first meeting first reading at the meeting held September 20th was published in the Jersey journal and posted on the bulletin boards required by law with notice that it would be further considered for final passage following a public hearing at the meeting of October 18th and was postponed for further consideration at to this meeting of November 8th is now before the council for's consideration and a public hearing and a resolution moved by council member of Carol given the ordinance second reading Mr Perez will you second second and on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I second reading is by title an ordinance amending and supplementing the revised General ordinances of the city of bay 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 no protest against objections to or statements in favor of this ordinance or its pass such has has been filed with me may I have a motion to close motion second and on the resolution Mr Booker I Mr Carol I Mr perz Mr laloa I and a resolution ordering final passage second and on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I9 is also an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic it was introduced at the meeting house September 20th 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 the meeting of October 18th was postponed for further consideration to this meeting of November 8th and is now before the council for its consideration and a public hearing and a council member pet laaloa given the ordinance moves to have the second or skip the ordinance second reading that was like a twister Mr laoa you second it's Mr laaloa Mr Perez moved it I'm sorry second all right I'll I'll second it you moved it I'll [Laughter] second I need a nap say that fast five times so I or for second reading Mr Booker hi Mr Carol I Mr Perez I Mr laaloa hi and second reading is by title an ordinance amending and supplementing the revised General ordinances of the city of bay chapter 7 track 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 no protest against objections to or statements in favor of this ordinance or its passage has been filed with me may have a motion to close move it second and on the motion to close Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi and a resolution ordering final pass second and on that resolution Mr Booker hi Mr Carol hi Mr Perez I Mr laaloa I 010 is an ordinance of the city of Bayon approving an encroachment agreement with Mechanic Street Partners New Jersey LLC for the property located at 130-134 Avenue F which property is identified as block 450 lot 1.01 which was introduced and pass the first reading at the meeting held October 18th was published in the Jersey journal and posted on the bulletin boards required by law with notice that it would be further considered for final passage following a public hearing at this meeting of November 8th is now before the council for its consideration and a public hearing and a resolution given the ordinance second reading moved by Mr Perez who would like to second second and on that resolution second reading Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi and second reading is by title an ordinance of the city of Bayon approving an encroachment agreement with Mechanic Street Partners New Jersey LLC for the property located at 130-134 Avenue app which is identified as block 450 L 1.01 the council is now ready to 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 no protest against objections to or statements in favor of this ordinance or its passage has been filed with me may have a motion to close I'm move a motion to close Mr Booker I Mr Carol I Mr Perez I Mr laaloa I and a resolution ordering final passage move second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi 11 is an ordinance of the city of Bon approving an encroachment agreement with 197 Avenue urban renewal LLC for the property located at 197 Avenue E which property is identified as block 221 lot 12.01 which was introduced and pass the first reading at the meeting held October 18th 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 8th is is now before the council fors consideration and a public hearing and a resolution given the ordinance second readings moved by the council president Mr Booker will you second second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laalo hi second reading is by title in ordinance of the city of Bayon approving an encroachment agreement with 197 Avenue E urban renewal LLC for the property located 197 Avenue we which is identified as block 221 lot 12.01 the council is now ready to give all persons interested in this ordinance and opportunity to be heard concerning it the council president will recognize anyone who wishes to speak no protest against objections to or statements in favor of this ordinance or its passage has been filed with may may have a motion to close second and on the motion to close Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi and a resolution ordering final pass move it second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi 12 is an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic which was introduced and passed a first reading at a meeting held October 18th was published in the Jersey journal and posted on the bulletin boards required by law with notice that it would be the consider for final passage following a public hearing at this meeting of November 8th is now before the council for its consideration and a public hearing and a resolution given the ordance second reading is moved by council member Perez Mr Booker will you second second and on that resolution Mr Booker Mr Carol I Mr Perez I Mr laalo I second reading is by title an ordinance amending and supplementing the revised General ordinances of the city of Bay on 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 no protest against objections to or statements in favor of this ordinance or its passage has been filed with me may I have a motion to close a move on a motion to close Mr Booker Mr Carol hi Mr Perez Mr laaloa I and resolution ordering final pass I'm move second second and on the resolution Mr Booker Mr Carol hi Mr Perez hi Mr laaloa hi our first speaker is Miss wiisard good evening Council Cheryl ritard 399 Avenue C um again Council I like to know why this coronium hexavalent is all over town who's paying for it who put it there why is it here it is very very dangerous and it's a killer and who are they trying to hurt I want answers why are the weeds growing like there's no tomorrow why are there there cracks all over the place in the grounds why are there holes in the street from beginning to end of Bon why and who gave this Michael the right to make a movie about me and disgrace my name is that what it's about is this this is the guy that's building all these buildings not in his name has investors it's my old boyfriend's friend I know what I'm talking about and opening up all these stores where did they come off at I want answers and the taxpayers should have answers this is dangerous never mind for Malahide what are they doing to the town that everybody's letting it happen and charer I went over this with you I I know Gary I know Gary but I didn't get an answer I'm sick well the answer I'm sick the answer from the companies that you asked me about I'm not going I'm not going through I'm not going through that you should have the answers you guys are running the town I gave you the answer you don't like the answer I'm not making phone calls it should come from you and the taxpayers should know what's going on if I didn't read the sign of that electrical box I would have never known and nobody's going to read it they walk up and down Broadway with their heads up in the air like they have they have no idea what's going on in their in in their Town half of them don't even know what's going on with themselves sarl if you need more information the numbers are there for you to call I'm not calling it should come from you I'm not calling anyone all I could say is I have all the symptoms of this and I'm in the ER every day and I could just about walk who gave this guy the right to do what he's doing yeah and I don't know I think I know and it's all about money I'm sorry Gary I had enough of living the way I'm living cherol I don't know anything about the people that you mentioned about making movies all those things I have no idea anything about that I I had mentioned to you maybe you never met him but you know about it I I know about it only because you've come up here many times and have told us that it's a police issue if somebody's doing something against your will you need to speak to the police I am not a policeman I cannot help you in that regard the nobody on this Council can help the Ser the serious part is this why is it there and the meters are just running and it's even going into my Church why why and there's poison in in up in lights um all over the place if I have a detective I could take you around and show it to you why again you don't you don't know somebody knows and somebody should have an answer not me making a phone call this stuff is dangerous and it's a killer okay sh what why are the weeds growing he should know no why AR nobody cutting the grass I have no idea why isn't anybody cutting the grass why the weeds growing all over the place they have an element in it that hurts people that I do know I'm doing my homework again I'm I'm not trying to go against what you're saying but I I do this for and I don't think it's a joke 4 years joke Cheryl no one's saying it's a joke no he has a smirk on his face okay if it was your mother or your sister in this position what would you do I would investigate it just like you did and try and get the answers just like you did right and I'm going to keep coming back you can come back as much as you want but I gave you the answers that and somebody should get then you should you know what you should go to Mayor Davis why is it happening I wrote him so many letters and he's not getting back to me he's hiding in his little shoe box down in Seaside Park I can't answer for somebody I'm leaving all the dirty work up to you guys I want answers and if he don't know call the governor maybe he knows cuz I tried and they said if you call one more time which is a free public number that we're going to put your away is that insane Cheryl you are welcome to come up to this meeting and speak about anything then try to say there's something wrong with me let me let me answer you Cheryl you could come up here and speak every month if you want that's fine I have no problem with it I gave you the answers that I was given by those people who were the professionals if you don't like it there's nothing I can do about that it shouldn't be in the town it shouldn't be there okay it shouldn't be here period it's here to hurt somebody that's what I'm getting out of this and I wonder who that person is moving on 013 an ordinance of the city of bay amending and supplementing the revised General ordinances of the city of bay chapter 37 historic preservation and the res resolution Wednesday December 13th at 7:00 p.m. in the Darth e Harrington council chambers as a time in place for public hearing and final passage who' like to move it move it move it and on that resolution Mr Booker hi Mr Carol I Mr Perez hi Mr laaloa hi 0 14 is an ordinance of the city of Bayon County of Hudson state of New Jersey approving a financial agreement buying between the city of Bon n63 new Hook Road Urban renewal LLC for the property located 63-67 new Hook Road which is identified as block 416 lot 3 as shown on the official tax map of the city and a resolution fixing Wednesday December 13th at 700 p.m. in the D Harrington council chambers as a time and place for a public hearing and final passage and on that resolution Mr Booker hi Mr Carol I Mr Perez I Mr laaloa I 05 16 and 17 have been withdrawn 08 is an ordinance of the city of Bayon County of Hudson state of New Jersey approving an amendment to the financial agreement buying between the city of Bon and 746 Avenue E urban renewal LLC to extend certain timelines for the property located at 746 Avenue week which is identified as block 393 lot 3.01 as shown on the official tax map of the city of Bayon and a resolution fixing Wednesday December 13th at 7:00 p.m. in the door the E Harrington council chambers as a time and place for a public hearing and final Passage would like to move it move it second on resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I 19 before we move on further um Miss Medina G to ask John Witcher scalla a couple questions about 06 and um the financial agreement and the master pilot if you can explain a little bit about how that would work with the five phases I know it's been withdrawn tonight but um Mr skeler these are terms we've never heard before Master pilot and all these things so sure so uh again I do want to hear from Mr Witcher scalla beside you as well so if you want to go first that's fine so uh again with when we talk about the uh like a master pilot for argument sake under the uh uh long-term tax Batman law there permits uh two types of um you know Financial agreements for the normal one that we've been that we're very familiar with it permits uh it gives them extra time between the bill out of it uh when we talk about the master pilot when it talks about you know Redevelopment that has to occur in phases um the master pilot uh you know coincides uh with a Redevelopment agreement that breaks out the phasing schedule of it uh so it it's more of colloquial term that uh we use um to talk about you know the pilot agreement it's under the same authorizing statute for it so so my question to you would be if each one of these phases or buildings has a 30-year abatement right if they wait it could possibly be 30 years before they build the second one is there a date they have to start it by or is this going to be something that's going to go on a 100 years where my grandchildren's kids are GNA be dealing with this no so so with that again for the for the the for the long-term tax abatement under rum that scenario with the the Redevelopment agreement it permits again for a Redevelopment um plan and a Redevelopment agreement uh for about 20 years on the the build out of it and again it looks at the bigger development you know phases uh such as you know stuff that would occur uh at the military ocean terminal uh again while we have Redevelopment agreements that talk about you know multiple phase projects for it uh you know as we know takes many years to do so for argument sake K uh for bay1 15 51 while it's a three-phase project right now um they could have C come in under the law and asked for One Financial agreement um but they they didn't you know they they have one Financial agreement um you know for each of the the projects they got separately but it's the buildout of that um time frame so that's um under you know some of the financial agreements that we've been that have been presented to the council and been voted upon it talks about the shorter phases of the you know whatever the time period for the effective date um you know such as again when you approve the you know Financial agreement in front of the council so that there's a clock that starts from there or the earlier of you know when they have their substantial completion so if you have one the first phase let's say is a let's say this gets approved just say the first phase you're going to start they're going to start paying the pilot yes what about the rest of the property you that may not get built out for if you say 20 years that could be times 5 100 years well no it wouldn't it wouldn't be in that scenario it would be again it's the there's two uh time frames from this it's from the effective date at the you know the signing of the agreement um under you know for the master pilot for the you know this 20-year build out of it it's on the Redevelopment agreement and you know it looks at different multiple properties and as the tax abatement is only on the Improvement they're still paying you know conventional taxes during that time um what the what this does is that it you know secures upfront um you know the broadstock of the terms and the agreements on the The Phases uh for each of the financial agreements so see the value to the developer that they don't have to keep coming back in for each phase the bank for loans also would know that that's in place so that would help them I'm just having a hard time wrapping my my head around how long this would take to get to phase five council president can I might I make this suggestion this is a this is actually an ordinance that's been pulled uh we have uh requirements that are in the Redevelopment agreement itself that dictate the phases as well and uh I I suspect that this will be back on for introduction in December and in advance of that we'll provide the council with a memo that provides the particulars on it in terms of of how the phasing works and how the long-term tax abatement on each of those would work as well right okay this has been a long time so the public knows we heard about this over a year ago we didn't know exactly what it was never heard that term before which is why I'm asking both you gentlemen for that but but since it's been withdrawn um I'm willing to wait obviously but I before the next meeting I want to know we'll have a memo that we'll put together on it and it'll spell it out clear and then I think everybody can have it in front of them when it's back up for introduction okay I I just have one question you used an example Bay 151 that uh is a property with multiple phases with multiple Pilots were they all done in one ordinance or were they done separately well for the same property with different phases so on that one it was done with um you know One Financial agreement that consists over multiple properties uh there's some pros and cons to that uh just with any agreement um for it uh you know one of the pros you know on that could be that uh upfront you know how many units that they have and it's up to the developer at that point they want to build within that time frame they they can that's at their risk uh the clock starts right away um you know that's a a pro to the city uh on the you know if you want to talk about on the negative sides of it uh because again these Financial Agreements are really more for uh the bank and the financial lenders to uh you know estimate their costs uh this you know locks in you know with some level of shity uh the uh the taxes and the operating costs on it that um they can you know spell out from year one to you know the length of the pilot uh on what their taxes are going to be uh so uh if you want to look at of on the phasing aspect of it uh if you're looking to have a property developed um and again by that um the city would already have entered into a Redevelopment agreement they would want to see again the project going there um depending on what's there so like for argument sake if we're using k for you know their phase three it's a vacant piece of land vacant piece of land only has one part of there's no improvements on it from a rable perspective you know the city's not getting much on that um again was B 151 done in one ordinance it it was done in one ordinance yes that governed All Phases that governed three phases three phases and anything beyond that they had to come in for another ordinance for another hearing for anything if they would have if if they contemplated a fourth phase and again if they were able to acquire other pieces of property um within there that would they would have to be required a new Redevelopment agreement and a new Financial agreement and at present you're going to provide us a memo because they're contemp in let's say three four phases five phases five phases uh on on the the ordinance that was withdrawn from for here and again I I just use that as an example this isn't you know not to is this the first that you're aware of of this multiple phase uh pilot this would be you know for the first first one that Bon for that Bayon yeah has done other other municipalities other municipalities have done that and again it's it's done in a way for Upfront for any of the lenders to know here's the scope of the project you know here's the Redevelopment agreement that was approved you know by the city council uh and the financial terms again to make sure that the project a is finan uh financeable with the you know current market rates as interest rates go you know up and down there's you know um this just locks into again what the you know you could within reason estimate the you know taxes that would be paid if it was under conventional taxes you know market conditions you know can go up and down on it on the you know assessed value they could file uh appeals to it um also again based on you know budgets you know city council could raise you know the taxes on it this just locks in you know that number on it you know so um again and it locks it in across all five phases at once well it it does in a range of it um but that's again where um you have the ability to uh you know have different you know phases is when again you hit certain Milestones it's you know X percentage or you know again this is just really for on the lender security over multiple phases if if I'm the council president asked specifically about how it relates to the triggering of the start of the pilot so while you're calling this a master pilot in theory there are five pilots and one doesn't trigger until however many years later potentially and I would think it would also rely on the completion of the one before it so so all five don't trigger at once that's why I said the 100 exactly no again uh you know as part of the memo I think I appreciate hearing how long you anticipate the final year of the final pilot to be paid that's hard to say so so I would I would tell you I I actually don't know the specifics on it uh you know with respect to this one but what what I can tell you is that this is a common tool remember we're talking about we're not just talking about a general zoning ordinance here we're we are talking about projects that are being taken under the um you know under the Redevelopment law uh every one of these projects come at the first stage as a directive from this Council to determine if the property is an area in need of Redevelopment a lot of these projects are are on sites that are brought Brownfield sites and and we certainly have those so um and I know we use this a lot but we always have to step back you know a developer is coming in on these properties uh they may be contaminated they're blight you know we used to call it an area need of blight it was a blighted area so there's a certain amount of risk so the idea of having phased projects and so forth It's not uncommon and I don't believe this is actually the first one in Bon I I think that I think that there have been other phased projects in the past that go back you know to at least like 2015 uh and the idea is a a developer is coming maybe give us some examp yeah and we we'll we'll we'll we'll do that and I I may prove myself wrong when I look back at it but the whole idea is there is a certain amount of risk that developers coming in you're always going to have Market risk you're going to have time periods you're going to have unknowns when you when you take on a project and and things along the those lines uh and if we're going to allow a developer who's going to take on a big project and a in a larger scope phasing is not uncommon and it's not uncommon to lock these things in at the outset they want to know well it's not going to change dramatically and we usually have Milestones that are built into the uh the Redevelopment agreements um and it's not to say that one phase is going to finish and they're not going to break ground on phase two until until a final Co is issued uh but I think it would be helpful if we just we we'll provide the breakout on this one in particular also cognizant of just the general question because you're thinking like oh my God is this is this going to be uh you know 20 uh 90 and we're all gone and it's still going maybe that is maybe that is what'll happen listen the pilot payments are still going to be based it's it's percentage based but it's still going to be based on on if it's a 2% deal or whatever it is or 10% I'm sorry 2% of of construction costs or 10 or 12 or 14% of what the gross rents are municipality is still going to be getting those so presumably in the latter years if the Market's doing well those rents are going to be higher and that's what the pilot payments are going to be based on in those latter years as well right but again we know how this works with the market Market's turning a little bit right now things are a little more more difficult to get financing and there's a big cycle so over time that's why I need to know all that in the memo a quick question uh and I mean listen there's a lot of information and I want to digest all of this my one question I have and to my colleague and maybe I'm off are we talking about five individual pilots in effect no on it it's One Financial agreement it's just it's on the phases of it and each of those phases would have a different start date so again as Mr wcala said that this is you're starting getting to you're negotiating the project upfront um for it so uh again it just helps you know the project get off the ground if you're negotiating the Redevelopment agreement and approving it over you know the different phases the financial agreement this it allows to do the same what is the proposed amount of years for let's say the first one again um it the dependent on the statute it allows you know for maximum from the effective date uh or when the building is substantially completed you know 30 it could be up to 30 years on a financial agreement um but again uh the the terms have not been you know finalized for this specific project so not to get into the specifics on it you know we can't all right so we'll wait in between we'll get the memo I wish we would have had these answers from Mr uh Meli who was here and he left yeah uh I think we should have when we hit number 16 we should ask those questions not after he left all right well again he's not these are our professionals so we should get the answer from them and not from a developers attorney I understand what you're saying but I would rather hear from our professionals that's what we basically we pay for and again we we the agreements were you know the the ordinances were withdrawn because again we we didn't finalize the terms so we're not going to present them to you there were some other questions too as uh again putting on the pink sheets for uh maybe a disagreement as to the timings for some other municipalities do have requirements that any fin any ordinance is adopted have to be adopted before the um calendar year changes we don't have that requirement so again there was a little pressure on you know from both sides on the municipality side and on the the developer side on this uh to get this again but also you know to protect the you know municipality and the residents of Bayon we felt that prudent that these ordinances not be heard tonight I look forward to seeing the memo but thank you thank you so yeah yeah I I think it's I'm not I'm not trying to say no to you but it doesn't make sense to have him come up when we withdrew this so we'll get the final answers with the memo well he would have clarified a lot 09 is an ordinance at the city of Bay on amending and supplementing the revised General ordinances of the city of Bayon chapter 33 Planning and Development regulations and a resolution fixed on Wednesday December 13th at 7 p.m. in the D E Harrington council chambers as a time and place for a public hearing and final passage who'd like to move move it second on the resolution of Mr Booker hi Mr Carol hi Mr Perez hi Mr laalo all 020 is an ordinance of the city of Bon approving an encroachment agreement buying between the city of Bayon and 746 Avenue E urban renewal LLC for the property located at 746 Avenue E which is identified as block 393 lot 3.01 as shown on the official tax map and a resolution fixed on Wednesday December 13th at 7:00 p.m. in the D E Harrington council chambers as a time and place for public hearing and final passage we'd like to move it move it second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa I 21 is an ordinance amending and supplementing the revised General ordinances of the city of bound chapter 7 traffic and a resolution fixed on Wednesday December 13th at 7 p.m. in the Dr E Harrington council chambers as a time in place for public hearing and final passage I'm move second on that resol Mr Booker hi Mr Carol hi Mr Perez hi Mr laalo hi 22 is an ordinance amending and supplementing the revised General ordinances of the city of Bay on chapter 7 traffic and a resolution fixing Wednesday December 13th at 7: p.m. and AD door the E Harrington council chambers as a time and place for public hearing and final passage move second second and on the resolution Mr Booker Mr Carol hi Mr Perez hi Mr laaloa hi all 23 has been removed the communications is a consent agend agenda and is a resolution moved by the council as a whole ordering the following Communications to be received and filed it covers C1 through C3 any questions on the communications and the communications Mr Booker I Mr Carol I Mr Perez I Mr laaloa i o R1 don't need a consent resolution is moved by the council as a whole and it's from Donna El Mau Chief Financial Officer reporting on vendor payments and recommending payment of the same and a resolution adopting the recommendation and ordering payment of the claims any questions on the officer report and on that one Mr Booker I Mr Carol I Mr Perez I Mr laaloa I consent resolution is a resolution move by the council as a whole ordering the following resolutions to be adopted it covers cr1 through cr16 and we're removing cr1 any questions on the consent resolutions and on consent resolutions Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi r one is authorizing the budgetary transfer number one in the calendar year 2023 budget move it and on the resolution Mr Booker I Mr Carol I Mr Perez hi Mr laaloa i r two is accepting the best practices questioner you would like to move it I'll move it and second seconds and on the resolution of Mr Booker quick question uh best practices question a can I get an explanation on [Music] that the best practices questionnaire comes out every year from the state and they give us a list of questions um they Vari this year there was like 16 topics on management ethics transparency financial management and uh this year there was 67 questions 15 topics 48 were scored you have to get a minimum of a 29 in order to have no withholding of your state AG uh we got a score of a 33 so we'll receive 100% state aid thank you so on the best practices questionnaire Mr Booker I Mr Carol I Mr Perez I Mr laaloa hi R three is approving the correct corrective action plan for the calendar year ending December 31st 2022 move it second and on the corrective action plan Mr Booker hi Mr Carol hi Mr Perez I Mr laaloa I our four is awarding a contract to Shi International cor for the purchase and implementation of the Prime Point payroll and Human Resources management software program through the New Jersey Cooperative Alliance for a total contract amount not to exceed $111,000 744 $ 74735 move second second and on that resolution Mr Booker Mr Carol I Mr Perez I Mr laaloa hi r five is designating Chanty 5 LLC as the redeveloper of the property located at 562- 568 Broadway which is identified as block 184 Lots one 2 and three as shown on the official tax map and approving the Redevelopment agreement for said property then might I just add here this is actually the title is here uh this is actually a conditional designation of the redeveloper and it's technically negotiation of a Redevelopment agreement so we're not actually approving a Redevelopment agreement uh it'll be negotiated and then when that a Redevelopment agreement assuming it comes together uh comes together it'll come back before the council for approval and that actually holds true as well for our six when we get to it I'll move it okay in a second and on the resolution Mr Booker hi Mr Caroll hi Mr Perez hi Mr laaloa hi our six is designating 111 Avenue F Partners LLC as the redeveloper of the property located at 107-111 UF 86 East 22nd 88 East 22nd 90 East 22nd and 92 East 22nd Street which is identified as block 456 lot 7 8.01 8.02 8.03 9 and 10 as shown on the official tax map and this is also authorizing negotiation and preparation for a Redevelopment agreement would like to move it move it second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi our seven is authorizing and directing the planning board to conduct a preliminary investigation to determine whether the property located at 41-47 West 34th Street which is identified as block 131 Lot 1 as shown on the official tax map of the city constitutes an area in need of Redevelopment pursuing to the local Redevelopment and Housing law move it second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laal I R8 is authorizing and directing the planning board to conduct a preliminary investigation to determine whether the property located at 1122 1126 John F Kennedy Boulevard constitutes an area in need of Redevelopment pursuing to the local Redevelopment and Housing law move it second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi Miss Medina I think for this next one R9 a letter was submitted to you okay okay let's get the resolution on record first and then I will read it it is approving the consent of the transfer of the Redevelopment agreement and financial agreement bying between the city of Bayon and E90 Avenue LLC to Ram 90 Avenue LLC for the property located at 90 Avenue a which is identified as block 467 Lot 8 and n as shown on the official tax map would like to move the resolution move it and second second and I do have a letter oops the letter is written by Susan Mitchell on behalf of her father uh Edward masz it says on behalf of our 95-year-old father Edward masz we would like to express our concerned with the sale of the property next door to his home our father resides at 88 Avenue a and the property next door 90-102 Avenue way is in the process of being sold we have encountered problems with the current owners of 90-102 Avenue way and have yet to that have yet to be resolved we fear that if this property is sold prior to our grievances being addressed neither the new owner nor the current owner will address these grievances below is the list of the issues that have been communicated to Noah fredman which is the managing member of E90 am8 and have yet to be properly resolved we have attempt to reach Noah but our calls and emails stop being returned we also worried that any unknown damages were caused to our home due to the Demolition and constru construction what recourse would we have as the new owners step in another reason we are opposed to the sale of this property is safety the new partially construction of the 90 Avenue E is inches away from our property line while the prior building was closed a person was able to walk in between the buildings and someone could escape from the second floor bedroom window facing 90 Avenue 8 the new structure is so close it would be would not allow passengers between the buildings nor access to the window as an escape route another issue is the cracking of the cement in the yard and the sinking of the AC unit which caused damage to the unit we were left to wonder if there has been damage to the foundation of the home and will more construction lead to additional damage my father and our entire family have been more than accommodating in the entire process when asked by the current owner to temporarily relocate our farm father during the demolition process we complied even though this was very disruptive to his well-being we reviewed the Architects plans and requested with when ensuring up the property we allowed the current owner access to the yard and removed the remov the concrete in the yard we never complained about the months of continuous shaking during the Demolition and piling in St insertion the shaking was hard on our father especially with the early start time due to his memory loss he had to be repeatedly reminded he was okay and not in danger due to the excess of noise and shaking of his home he has had nightmares which have been have taken a toll not only on him but on us as well we feel the current owner has taken advantage of my father from the start of this project the commencement of the project came at an unfortunate bad time in our family when our father was first contacted by eom 90 Avenue urban renewal LLC managing members Steven and Noah our Focus was on the termin our terminate L sister who was our father's primary caregiver as well as the coowner of the home we do not want this property to be sold until we can have the our grievances resolved with the current owner also we are hoping that the town of Bayon will investigate our s safety concerns as a taxpayer at 88 Avenue way for nearly 50 years our father shouldn't have to worry about the safety of his home he should be able to use his yard fully and he shouldn't have to be subject of a very long drawn out project which has caused anxi anxiety and much confusion on his part and she goes on to list the property damage which is the removal of the fence of con on the construction side of the property damage to the Garden Wall in the rear North End of the property destructions of it items within the garden damage to tables and seating in the yard patio and concrete floor cracking in the entire yard damage to the central air conditioner equipment loss of the use of the yard for a period of one year due to the unsafe conditions defense and construction debris and visible cracks in the foundation and it's signed by the children of Edward maskowitz so I um I did a little research on this this was new in information as of last week um I had not known about this Mr Carol apparently you were in contact with the family um so the research I did was uh I spoke to our construction official Joe Banker who spoke to the owners in the summertime he had said the foundation was shorted up and uh they were happy with what was done as far as the Shoring up of the foundation I believe they had a underpin was what he had said uh I spoke to the potential new owner and I did not get a chance to speak to Mr fredman but what I have listed here I wrote down what was in that letter it looks like the fence there's some broken concrete there's a central air conditioning unit uh the garden plants and Garden Wall patio furniture and they said there's some cracks in the foundation so if a condition of that all those points were corrected by the owner of the building now then I would be okay saying yes to this because this will not go through unless they do F the fixing of this property and it would have to be to the satisfaction of the owner of that adjacent property so I think that's what we spoke about last week as well do you want to add more to this councilman I'm just curious I think was there a member of the family in the audience tonight would you like to if and if there something I missed please let me know hi I'm Susan Mitchell and I'm Ed mtz's daughter there's just two other items that I'd like to have addressed one is because there has been um some cracks I would like to have an inspector at the end of the project and that if anything is found that is incorrect or needs to be corrected at that time that we have a contract that the owner takes care of that and the other so specifically are you asking for the foundation like the cracks in the foundation or I just want um I think we have to be a little specific that's all I don't want the house to get any worse than it was prior to it sure so I believe that the current owners had done that pin under the pinning whatever it's called so that um they wouldn't be liable for anything but how do we know after the Project's done that there isn't any foundation issues unless we had an inspector come in and look at the foundation and in the backyard what has happened is because they removed some of the concrete and there was nothing to hold the prop um the remaining Concrete where it was it's separated so that's where the cracks were in the back it's just more of a separation from the the con the the ground concrete oh yes and then the wall as well you in the wall well yes in the wall too and the last thing is that um I I don't know if the building was allowed to be built that close to the house in one area it's under 2 in and another area it's under four under five inches so so um this went through the planning board process and all that people were mailed letters I guess to come to the meetings the construction official that I spoke to said that a s a separate survey was done and that it was within the the uh Redevelopment plan so so I it was built the way it was mentioned and it's not on your property even though it does seem like it's very close it it would so apparently and I'm not thrilled about this and I've been speaking with your niece-in-law um the previous Warehouse that was there was built close maybe not this close but close and apparently these the inspectors went they checked it and it's in accordance with this I think it's disgusting that they would go right to the line but that's the nature of development in the city currently what we need to do now is make sure that we protect your father your this 95 year old man my question to you is in the interim from when this all began to tonight cuz now we're we're sitting here ready to do something about this where do you and the family stand with respect to the new individuals coming in have you been contacted are you satisfied that they're going to resolve the issue have you been given anything in writing have you been you know what where do we stand we haven't had any contact as of now so Miss Mitchell we we're not really sure if the new owner is going to do it it might have to be the old owner have to do it but I think the representation is I see him standing up so I guess we'll ask sh a little light if yeah we'd ask you to come up and just state your name and so good evening council members council president my name is Donald Pepe I'm an attorney with the law firm of sceny Hollenbeck and I represent the property purchaser the contract purchaser um first and foremost I think that it's actually good news that this property is being sold to someone who will complete the project complete it in a in a timely and in a uh substantially satisfactory way Sean Gupta I believe many of the council members know him he is the sole member of the LLC entity that's acquiring this property he lives in Bon he has a long history of development in Bayon and I think you all know that he will stand he's a standup guy you know our purchase and sale agreement has a representation that all the issues with the adjoining neighbor were resolved so I'm in an excellent position to uh lean on the current property owner to resolve these issues as to no contact I reached out and communicated back and forth with someone from the family who explained to me that they were on a vacation in Disneyland with the grandchildren I said please enjoy your time with your family we'll get on the phone as soon as you come back I believe they're coming back tomorrow I'm willing to speak to them Sunday I heard the list the list is satisfactory I'm going to go after the current property owner to correct these issues two things I'd like to add to that I think you need to third an independent third party I'd love to rely on Mr Banker to you know confirm that the work's been done in a satisfactory manner I don't think that the current homeowners are experts in that field and I think that's just a better approach I will make sure that the proper property owner does it I believe it's also appropriate I'm going to recommend to my client that we do a foundation survey directly after closing so we can establish what the condition is now and then we'll come back and resurvey it after the Project's completely done and if there's any changes that would be our responsibility if there's something that exists now that's the current owner's responsibility but I don't think that that's an easy question I can easily lean on the current property owner to make all of the other changes you know all the other improvements the foundation I assume he's going to push back on because we have no way of knowing whether his work caused that damage I think that that's something that they'll have to work out amongst themselves but everything else we're closing on December 10th which is why we kind of needed to get through to here I will make sure that this work is done or the closing will be delayed cuz again he represented in the purchase and sale agreement that all the neighbors concerns were satisfactorily addressed right so Mr banker and his department they can do so many inspections as far as the building at hand as far as your home though I don't think they like you said maybe an independent would probably be the best way get somebody outside of the developer and outside of the city I again we usually don't get involved in a private home and check all the particulars they'll check the building next door and they might be able to check some things on your property but I think if we're able to get an independent we could we can work that out with them and I will and I would think these are all doable things that's it seems pretty simple I just don't want to my only caution and I'm a lawyer and this is what I do I don't want to be in a situation where we keep doing and doing and somebody says well we don't like like it we want this you know it's got to be adequately explained what's the expectation is and then the delivery needs to meet that yeah I agree 100% that it can't be a blanket open thing that's why we need a list if there was other things that you could mention to me I think that letter was fairly comprehensive but but that's what I got out of the letter right to most of the things that I mentioned I believe so yes um yes the only thing that I didn't have was the conversation that um two of my nephews had with the owner with the property managers and I don't know if there's anything that we missed from them so I I will go back like we had requested that they Rec concrete the whole yard and the whole yard is that small it's very small because now the new concrete doesn't match the old concrete I don't care if they power wash the new one but it doesn't match and we still have so I think that wasn't in the letter and you know that would be great to have an inspection when you start and when you end but what if there's damage already so I guess if we have to you know if we have to we we went out and got the surveyor and paid for that paid for the markings for that we've paid for um an in not an inspector someone to look at the underpin and we've already put out money on this that we never got you know we're not getting back so if we have to go out and get an inspector now to see if there's any damage from right now then we will or if you find if your findings find any that's a problem but I don't know because when they took that building down it shook like crazy when they put the pilings in it was crazy my father woke up one day and said we were bombed weren't we no Dad we weren't bombed you just slept through the beginning of the demolition this morning well and Mr Pepe my my concern is that this 95-year-old man had to spend his pension checks and Social Security fighting uh a a previous owner or to get this work done so you you seem to suggest that you're willing to accomplish these tasks again I as I stand here I don't know what the issues are in the foundation I don't know if they are pre-existing I don't know if there was previously a survey done most smart developers do a survey of joining properties I know it was underpinned so some engineer took a look at this I just don't have the details Mr Banker told me there was another survey done and that that oh I have a copy when the work was done and he spoke to somebody in your family and they were happy with what was done at that time but as far as he I don't know if he's qualified to go around your whole house that's why I said an independent person and I think an independent person doesn't have skin in the game so um would probably be the best bet and clarification the independent person would be surveying her property or your property that's I'm not sure it's not a survey issue we have a survey we're on our own property line and we built in accordance with the site plan approval it's the ins the issues are the foundation and that that is a a a technical field that civil engineers take on or Structural Engineers they go down they take photos they measure the size of cracks they even put sensors in so that they can tell whether there was any movement over time we'll take that survey because you know what it's important to us to establish what's there now so that a year from now when the Project's complete you know if there's additional issues that's all you'll be taking that inspection in her properties yes assuming she's willing to let us come come on to the property you know I mean you know we have to get that consent I will work this all out I will take care of all of those other issues I just anticipate I may get some push back on doing anything more to Foundation because people are just reticent to touch someone else's foundation and in an older house they have cracks it doesn't necessarily mean now if Noah did a survey himself and and it showed that there were no cracks now there are I will also lean on him to complete that before but I I assume he's going to take the position that they were anything that's a problem now is pre-existing okay it just feels like having that would be important before we take this out this this would be to to do these fixes and again whether it's you or Mr fredman we would want that as a condition to complete this so willing to in my opinion go through and get the vote on this as a condition of getting these things fixed these are things that as of right now I've heard oh again council president I'm I'm completely I'm I'm just asking for a little bit of leniency with respect to the foundation everything else I will commit to having it fixed before the closing or I will delay the closing it's Noah's problem I I I get that I understand you know what include the foundation if I have to come back here and ask for Relief on that i' I'd beg the i' beg the council's Indulgence if I have to do that if the current property owner refuses to do that work I just don't see him refusing to do the other work I mean but he's he has apparently to date resp H I think I I don't I don't find a of faith in many of his statements again he represented to me in the contract we knew there was an issue he represented to us that it was satisfactory resolved so I have a lot of Leverage I understand that the s's not going to go through if he still has these issues yeah 100% okay so the council we understand this is a condition if it's not met then this is not valid and who is our agent in the room to make sure the closing doesn't go through when do you have when is the closing date currently it shouldn't currently the outside closing date is December 10th but that assumed that everything that they had to deliver was done I I am feeling now that December 10th may not be a solid date uh this work will be done before we close Mr Pepe we have information we can get it he works with skinsky and H back okay so we can get your information contacting you closer to that date so you can confirm whether things have been done we will also confirm with you and then we can sort of know where you where we're I I apologize I don't remember the name of the woman from the family that I have been corresponding with I will schedule that meeting we'll go over in Greater detail so I understand a little bit better then I will communicate with the property owner and this work will be done I will not close because I don't have a pilot agreement and I'm not going to close without a pilot agreement because there's conditions in that it's not going to happen yeah and I was going to add so what this what this is is a resolution to transfer essentially the Redevelopment agreement and the pilot agreement and I think Mr puppy's client actually is still waiting on a UR uh formation correct because a pilot requires I'm sorry Ur uh urban renewal entity so for the pilot part of it if you look it's it's Ram whatever it is there's no the The Entity that's transferring his Ur I'm sure Mr Pepe has a an application into the state just to have the UR formed so it's really going to probably go to Ram urban renewal whatever I just turned the page uh with that I assume with this action he's also going to be looking for us to have at least a one-page document or something that acknowledges the assignment uh of the document or just renames the document so am I right on that Mr Pepe I had provided Mr Skiller a draft of an assignment agreement so you know if that's so so effectively the action that the council is taking tonight would be authorizing the mayor to sign off on the assignment forms so that could be the check and balance just in terms of Neil when you had said who's going to be checking on our side um we we could take this action to approve it but hold off the execution on it until we have a satisfactory and resolve so there so that's I'm going to call that option A so we can hold off the execution of it but is there any reason we cannot postpone till the December meeting and just provide 30 days to well that'll that'll leave to to Mr Pepe he's got a contract handedly I I mean contract aside because I again I have that representation this will actually be helpful to me having a conditional resolution that I can deliver to the current owner and say you haven't accomplished the transfer of the pilot until this is done I think it actually would benefit me and give me more leverage to make sure it gets done so so two things uh besides the the benefit for you this locks somebody in to fix specific things and it also clears up a behemoth construction project that looks like nothing right now and it looks worse than the empty lot that was there so these are the things that I'd like for Bayon to fix uh to to make something look nicer than the concrete structure that's there now so op one is better for you I would very much prefer resolution now that lays out the conditions upon which the transfer can a car effectively upon which the mayor can sign it yeah and we would so if the council were to take action tonight you would take action subject to us amending the resolution it's not going to happen tonight but we'll amend the resolution uh before it's signed off on by the clerk and would just incorporate those terms and conditions to be addressed and it would specify that the assignment documents will not be executed until whatever these condition have been addressed and would that execution order come back to us uh well it depends I don't know if you need confirmation or if you're comfortable relying on you know the whether it's whether it's Mr Banker or you know or or the municipal engineer confirming uh that this uh that this work has been for performed construction official would probably be the person to do it but I don't know about the foundation I don't know how that gets addressed but and the various odds and ends in the backyard and the AC Etc and so forth right so again I have a list of six things that were mentioned from your letter if I'm wrong or or there was something I left out just let me know but I have the fence in the backyard the concrete on the ground central air conditioning the garden and the Garden Wall patio furniture and then the last one was the foundation cracks and the won't be able to be put up until the Project's done more than likely because it's too close to the okay well I mean that could be then the new the new owner would uh put the fence up after the construction and I don't know if the cracks in the patio I'm not or in the concrete on ground I'm not sure and all of these I think are very doable with the exception of the foundation only because it's the unknown right now so if we can get an independent person in to look at that you're saying Mr Pepe that you think there might have been a survey done of the foundation or I always recommend that I I honestly I don't know I mean because since they did underpinning that's that's what I Engineer had to study that right there are also the little gauges around the cracks that were there they're around the foundation so somebody did that exact study that I would Rec oh so they were okay so then it was we'll get a we'll get a copy of that and I will coordinate with the Township's engineer um you know I think Andy reel is in a very good position to sign off on that all of these things have been accomplished he do yeah I don't know if this one falls under Andy's purview or if it's Rob Russo Rob Russo oh I'm sorry yes Rob Russo I just Andy has certain certain areas to that function making sure that you've done what you said you would do so so also kind of add to the conversation here on this too also with any of the pinnings of the foundations uh and also the pouring of the concrete those are something that have to be you know inspected by our engineers and also approved by the building department so um that was supposedly done in the summertime yes and and again I just want to make sure for the clarity of the record that that work uh again was done by uh you know Mr Banker uh and again reviewed by our engineers at CME with Rob brusso so okay all right you know so so again the conditions of what uh the foundation you know was you know prior to uh when the warehouse was there to then when it was demoed to then to the summertime while the building was being built you know I think there's a a clear record uh of what's going on and again any of the the the damages you know that may or may not have occurred so just for you know Clarity sake for the record here I just want to make sure that that's stated that's fine I'm I'm okay if you guys are okay with those conditions as a as an approval now uh all the engineering inspect C and all that would that be coming out of the developers escrow account yes it will because no worries yeah and there's an escrow that's already set up the city is not pay paying for it there um how we have it set up again with their their site plan application and then again any of the maintenance uh and performance bonds that have to be done escrow is already established with the city of Bayon uh you know and that uh again covers the cost of uh you know our our Engineers our Professionals for their time efforts on this counc before you take action I would appreciate if we articulate everything that needs to be reflected in in the resolution okay because I just don't want yeah I I I want us to be able to walk out of here tonight tomorrow I want to be able to revise that resolution and not have to flip it around to everybody for a review Etc because we're taking in action I just want to make sure we're clear on everything Miss Mitchell are you satisfied and I think were you about to read read it or are you satisfied with what is in the letter being what needs to be completed yes as with family representative along with yes because that does have the cracks in Foundation it does have that there yes and then as you mentioned that after the project is done after your finish year construction that we get to inspect again to ensure that nothing else has happened since now yeah I mean that's do AE and a post so you know you can tell exactly I'm not concerned about the post we're responsible for that anything that happens when we're in control it's on us my concern is what may or may not have happened previously that I don't have any uh information on so so we could just put the foundation off for a moment I and I don't have a copy of the letter so I've just kind of been jotting down notes so I did hear I guess there's a fence the fence is down but the fence is fence is actually going to be a condition of of the completion of the project anyway so we'll just we'll just specify that that's not something that needs to happen immediately I heard the patio furniture was patio furniture damaged is that the bottom line on it that we couldn't get off okay so what are we doing with the patio furniture is that going to be replaced we already replaced it you replaced it so so what's the remedy is there is there something you're looking for from the current owner you have a receipt that could be reimbursed I could get the um Discover card yes okay and the same with the air conditioner that had to be fixed and I think we submitted okay so let me just stop let me just stop on the on the patio furniture uh the uh the current owner to reimburse for the replacement and for the central air conditioner and the same thing what happened to the central air conditioner just so I'm clear when they were replacing the 3x7 Ft pieces of concrete that they removed they had to waste up the air conditioner first of all the air conditioner unit was kind of tipping because they removed some of the concrete that was under it was on a little slab and they hoisted them up into the air on a Friday during the day and that weekend was super windy and they were moving all over the place all weekend when we went to use the air conditioner in the summertime um it wasn't working and so is this replacement is this replacement of the condenser or just repairs it was like $1,200 worth of repairs by psng that we have a bill for okay repair is done and they're to reimburse you for it right okay thank you what else do we have the concrete in the backyard is broke right you want that replaced the concrete yes we want the yard to look similar as to it at it did before so now we have two new panels of concrete and the rest is you know older so either replace it power wash it but also the older one had all shifted so instead of being like whatever you put in between slabs of concrete whether it's quarter inch or whatever and it became larger as time went on because there was nothing to hold after they removed the concrete it just shifted because this went from they dug it up in December January replaced it in May after and it was supposed to be a 4-week period without the concrete and they just delayed and delayed so can I ask I'm gonna ask this of Mr peepe is this a uh is this something we're gonna you're G to have the owner do now or is this something you're going to ultimately do that makes more sense to do uh subject you know uh subsequent to completion of the project or further along I'm just wondering if there's a potential for this to happen again with construction activ activities in those areas yeah I I think that's a possibility I think we're also coming very close to being too late to p and it's the time it's the time of the year as well um I will coordinate with the property owner and if we can convince them that cleaning is suitable maybe we'll perhaps we'll try that first and if they're not happy and they require replacement then then we'll replace and then it was uh was there some garden plants and the Garden Wall as well yes we didn't realize that they were going to touch the garden it's just um a small one and a half two foot high wide area in the back of the yard so when they took out the 3x7 feet concrete they um took out a little piece of that brick wall did you have specific plants in there that you no I don't care what goes back in it but um the wall was REM part of the wall was removed as well and what what kind of wall is it concrete brick or brick like a twt brick High Okay so somebody would have to try to match that it was a border pretty much separating everything else is concrete except for a twoot wall with dirt and some plants okay and then the last thing that I have was the foundation cracks right that would be the last thing yes to check those and like I said those gauges are on it um just don't know how to read it or to see and in like when we talked about the yard the concrete you know those panels had been put there in 2014 you know cemented with just a small space for probably to allow the growth in the Freez and and that all shifted because there was nothing to hold the concrete well if they agree to this they're going to give you a whole new backyard that's fine yeah I have a quick question um just out of curiosity before the development of this project and I've been sitting here watching and listening to all the information did you notice cracks in the foundation before or after like did you have anything that showed you before that they can argue that they were there before no I didn't but um I believe that those little gauges were put on all of the existing cracks I believe I don't know when they were put on and I think they're dated but I'm not sure so that should give an indication of uh in let me see 2014 I believe it was the house was redone it was taken down to the studs and there was work done underneath the house to secure it because when the train was put in it caused some damage to the house so we did have work done to the house I think it was 2014 all right so I think it would be suitable to go forward tonight with what we described as a conditional resolution conditional ordinance here and you know as you can see the city's taking this very seriously you know when I heard about this if you're going to build downtown you got to do it right and you got to take care of the the little old ladies and the old people and everybody if you build in anywhere I know I knew you were going to jump on me but I wanted to say it right so I'm I'm willing to go forward with this the execution of which contingent upon what was just taken yeah and and maybe I'll just do a quick repeat on this because we because we started chatting about things Midstream I just want to make sure we're all on the same page I want to make sure Mr Gupta and and and Mr Pepe as well know weere in agreement so relative to the fence that's going to be replaced at the end that's probably part the original plans anyway I would imagine and that'll be done um you know by the by the new property owner uh regarding the uh patio Uh current property owners got to re uh reimburse uh the the property owners uh for the uh patio furniture uh replacement they've got a reimburse for the uh necessary repairs to the AC guesstimated I believe at $1,200 but whatever that is there's some receipt I'm sure uh we've got the uh the the the issues with the patio uh in the first instance uh the uh the new the the contract purchaser is going to have the uh the property owner undertake uh power washing of that to see if that's satisfactory to the property owner uh if it is not uh then the new owner is going to undertake the necessary repairs to Broken concrete correct me if I'm wrong you can come up and speak to it I'm just making sure we're all squared on it we would uh we'll just shift if if the cleaning isn't good enough again I don't think it can be done before closing so we'll take on that responsibility and a range for an appropriate credit so yeah so that'll end up being a springtime type problem situation in terms of cleaning working with the neighbor and then do undertaking necessary repairs if the neighbor is not satisfied it's got to be it'll be to their reasonable satisfaction make sense I think that makes sense next up I heard about the brick wall and the plantings we talked about it what are we doing are we replacing the brick wall is the brick wall not there again and how are we dealing with the plantings I'm not sure what the extent of that was I'm not a brick layer so we needed somebody to put the bricks back if you I don't even know if they're there though unfortunately and it would have to match what's there so can I ask you it's it's a portion of a wall yes yes it'll be repaired so the new owner in the springtime is does that make sense I don't know or if it makes sense later in in construction I I don't know how the layout is but I think it's best to put it after the building's complete just in case I would imagine that's probably the case yeah again we'll we'll we'll take on that responsibility ourselves so that we can ensure that it's done appropriately and we'll arrange for an credit so you know add or prior to completion you're going to take on the brick wall and suitable plantings through that area relative to the foundation itself the new owner is going to do a preconstruction survey and then they'll do a post construction uh survey analysis they're also going to look into whether there was a precon survey by the current developer I'm just not sure where we leave off with that if there if there was a previous survey and from what I'm hearing it sounds like there absolutely must have been uh then then our pre- survey will be usable to compare to that one to see if there's any damage that occurred now if there's damage that's occurred during the period of the current owner's ownership we're going to make it them fix it before closing what if there is no no pre survey just I I I'll I'll leave that to you know again I think you all understand where I'm coming from but if the council wants to make that a condition the council wants to make that a condition I'm not looking to put it I'm just I'm just throwing it out there yeah I I'm um I just want you to know I was told there was an additional survey done so I don't know how I can't guarantee that I'm only going by what was told to me again again from from our investigation into this um that the building department uh when they went out to inspect it uh a survey was provided to them uh again I think we could uh relay that information uh over as to uh you know who did the survey and what information they may or may not have uh I think could be addressed at that point so it feels at this stage in the game that's fairly reasonable that you know correcting the Cosmetic issues providing compensation which was discussed which you've agreed to and all the thing to to match as best as they can possibly match in in a reasonable way in accordance with what was just stated and written down the the foundation and the surveys we may have had a bad actor I don't know in the past we weren't able to question him here like we're questioning these two individuals both of wh you know he's being very forthright and willing to do this and they're willing to make things right I'm getting more comfortable that that there's light at the end of this tunnel and it seems like you are as well so okay um oh good thank you just want to thank you all right I'm willing to move this based on what was just written down based on our remedy and you want to move as a whole is that good is everybody okay with that yeah that's all right mine we'll move it as a whole okay and on r nine Mr Booker all right real quick I just want to say that um I'm in agreement with the project I have no doubt about Mr kopter and what he's going to do but uh my concern and reason why I got so excited about this program uh this development is that when developers come in they promis these neighbors different things that are going to go on and this project really uh turned negative for the for the for the owner and upon the fact that you guys are going to fix what was done before that I I agree to uh to vote eye on this project Mr Carol I I Echo those statements you know to the family unlike the previous owner this owner is willing to on the record on camera make these claims and and try to make your father whole and that's that's our main concern at this point so I I vote I under those conditions and with appreciation that you're willing to to do this for the family Mr Perez I agree with uh both my co-council people here and I know Mr gupter personally and he's been an upstanding individual very honest and I think he'll keep his word v i Mr laaloa you know we're here to serve the people the people are our first concern so when we see people in distress or have some complaints we want to investigate I was able to speak to some of the professionals and and I'm very very pleased with the fact that you're willing to whether it's you or make it a condition of your sale for the previous owner that it's it's going to be fixed if they give you the the okay to fix it maybe he adjusts his whatever your sale or whatever but that's a you know I'm just glad that that's being resolved now I'm also very very happy to see that somebody's finishing the project and that it's not not going to be like I said CU right now it it just it looks terrible right now it's just a half of a hole in the ground and half of a behemoth construction that looks like nothing and I know it'll look something special when it's done because we know you're previous work as well so uh with that I'm I'm happy to see this come to fruition I vote I okay thank you it took a long time and I appreci I appreciate it we're making sure dotting our eyes and crossing our tee okay I have a few add-ons add one is authorizing the business administrator Endor her designate to advertise for animal control and Sheltering services and real estate appraisal services utilizing the competitive Contracting process pursued to njsa 48 colon 114.1 move it second and on that one Mr Booker hi Mr Carol hi Mr Perez I Mr laaloa I a two is authorizing the mayor Andor his design to take any and all actions and execute any and all documents necessary including but not limited to the soil remedial action permit initial application in order for PPG and the city to OB obtain soil remedial action permit from the njde and that permit will obligate the PPG to maintain the engineering controls at Dennis com Park some move second on that resolution Mr Booker I Mr Carol I Mr Perez I Mr laaloa I that's one is awarding the sale of the city of Bayon in the county of Hudson New Jersey of its property tax levy for the fiscal year ending December 31st 2023 and ratifying and confirming and authorizing certain actions in connection there with moving second and on that resolution Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa I is there anything else anybody have something to add on I want to um before we close our meeting thank all the Veterans for their service and wish them a very happy Veterans Day and also I want to wish everybody at home and here a Happy Blessed Thanksgiving the motion to adjourn I make a motion and on the motion to adjourn Mr Booker hi Mr Carol hi Mr Perez hi Mr laaloa hi good evening everybody me