City Council

City of Passaic New Jersey Passaic City Council January 8, 2019 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON TUESDAY, JANUARY 8, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL William Maslo, City Attorney, read the following notice into record: IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PUBLISHED IN THE HERALD NEWS on JANUARY 7, 2019. SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS CANCELLED THEIR JANUARY 8, 2019 WORK SESSION AT 530 P.M. PLEASE TAKE FURTHER NOTCE THAT THE REGULAR MEETING WILL BE HELD AS SCHEDULED ON JANUARY 8, 2019 AT 7:00 P.M., IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL AYES: Patel, Schwartz, Garcia, CP Schaer ABSENT: Love, Munk, Melo ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslo, City Attorney Council Member Love took his seat on the dais at 7:06 p.m. Invocation was rendered by Hon. Hector C. Lora followed by the Pledge of Allegiance Council President in the chair MINUTES Council Meeting Minutes for December 18, 2018, submitted for approval. Upon motion made by Council Member Garcia and seconded by Council Member Love the aforementioned meeting minutes were approved. ROLL CALL AYES: Love, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk, Melo Passaic City Council January 8, 2019 Minutes PRESENTATION FIRE FIGHTER MR. TYLER HANSON • Mayor Lora presented a proclamation to Tyler Hanson for his heroic actions on December 31 in rescuing the family from a burning building. Council Member Munk took his seat on the dais at 7:13 p.m. Council President Schaer called for a ten-minute recess at 7:27 p.m. Upon motion made by Council Member Schwartz and seconded by Council Member Munk the meeting was reconvened at 7:47 p.m. ROLL CALL AYES: Munk, Love, Schwartz, CP Schaer ABSENT: Melo, Garcia, Patel Council Member Garcia took his seat on the dais at 7:49 p.m. Council Member Patel took his seat on the dais at 7:49 p.m. ------------------------------------------------------------ Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. HEARING OF CITIZENS Lakeesh Tierny Hill, 115 Mineral Spring Avenue • She presented to the council an invoice from Michelle’s for $4,000 and invoice from trophy store for $1,640. • She would like to know what the problem is; there are approximately 180 kids on teams, payment for 130 allotted. Clayton Barker, 35 Herber Terrace, West Orange • He put in OPRA request for itemized budget on Recreation budget, feels he is getting stonewalled. • He would like to know of the money allocated for football, where 2 Passaic City Council January 8, 2019 Minutes are the purchase orders for the equipment purchased? • He also feels there should be line items outlining allocation of money for the recreation budget. Joe Conoscenti, 170 Broadway • Can the COP Administration advise the public if the PPD substation is fully operational as of January 08,2019? • Can the PPD Management advise the public on the operational status of the New Proactive PPD Gang Unit within our city in CY 2019? • What is the state of Gang Activities within COP in CY 2018? • Has the City Administration requested additional assistance from the Passaic County Sheriff's Office to develop a joint task force with the PPD in order to address the outbreak of Gang Activities within various parts of our city and schools? • Has the Passaic County Sheriff & PPD set up CCTY cameras at all local Gang Hot Spots within COP in CY 2019? • Has the COP Administration and PPD upgraded its CCTV camera systems at all entrances and exits to COP in CY 2019? • Has the PPD Management submitted the Uniform Crime Data Reports for the month of December 2018 (12.1.2018 - 12.31.2018) to the New Jersey State Police Reporting Agency? • Can the COP Administration advise the public if the PPD received BODY ARMOR UNITS in the amount of ($40,887.00) as approved by the City Council on November 8,2018? Council Member Melo took her seat on the dais at 8:05 p.m. Steve Siklosi, 23 Orchard Street • He commends the mayor for the New Year’s festivities. • Item # 7 – what is the address of the location? • Item # 16 – He would like information on the PSE&G public hearing? • Item # 29 – What is city doing; is the cost reasonable? • Item # 36 – what is new plan for area and why • Regarding revenues produced from the courts – was there in increase or decrease in revenue between 2017 and 2018? After ample opportunity given and no one else responding on a motion by Council Member Garcia and seconded by Council Member Melo the public portion of the meeting was adjourned. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ORDINANCES FOR SECOND AND FINAL READING (PUBLIC HEARING REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: 3 Passaic City Council January 8, 2019 Minutes CITY OF PASSAIC ORDINANCE NO. 2196-18 ORDINANCE REFERRING PROPOSED AMENDMENT TO THE EASTSIDE REDEVELOPMENT PLAN TO THE PLANNING BOARD FOR THE CITY OF PASSAIC FOR 127-129 SOUTH STREET, PASSAIC, NEW JERSEY Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Steve Siklosi, 123 Orchard Street • What was the amendment that required this ordinance? After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Love the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: COMMUNICATIONS AND PETITIONS: On a motion by Council Member Garcia and seconded by Council Member Patel the following communications and petitions were received placed on file and approval granted 212 Washington Place Corp t/a Rack –N-Roll, 212 Washington Place, submitting application to renew their Arcade License for the year 2019. 212 Washington Place Corp t/a Rack –N-Roll, 212 Washington Place, submitting application to renew their Entertainment License for the year 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: 4 Passaic City Council January 8, 2019 Minutes ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Garcia and seconded by Council Member Patel the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting memorandum reappointing Jose Balbi to the City of Passaic Housing Authority for a term to expire September 12, 2021. Angel Laboy, submitting his resignation letter from the Passaic Housing Authority. City of Passaic Planning Board, submitting notice of their December 17, 2018 meeting. NJ Department of Community Affairs, submitting correspondence re: Review of Resolution 18-11-331 Determining Block 2147, Lot 7 and 11 As Areas in Need of Rehabilitation. DuBois Environmental Consultants, submitting correspondence re: Waterfront Development Permit, Flood Hazard Area Individual Permit – Applicant Noah Realty Corp. Block 1029* Lot 20 City of Passaic County –NJDEP#1607-17-0001.1 ((Note: Filed in the City Clerk’s Office) Alcoholic Beverage Control Board of the City of Passaic, submitting the following: • Agenda of their December 12, 2018 meeting • Minutes of their May 16, June 20, September 19, and October 17, 2018 Passaic Valley Water Commission, submitting the following: • Notice of their December 19, 2018 meeting. • Notice and Agenda of their December 19, 2018 meeting. • Notice and Agenda of their November 29, 2018 meeting • Minutes of their October 17, 2018 meeting Passaic Valley Sewerage Commission, submitting correspondence re: City of Newark Appeal Regarding PVSC Assessment of their and fourth quarter 2018 User Charges – Notice of Public hearing. North Jersey District Water Supply Commission, submitting the following: • Notice and Agenda of their December 19, 2018 meeting. • Notice of their 2019 Annual Meeting Dates • Minutes of their November 28, 2018 meeting • Minutes of their October 24, 2018 meeting. Passaic Housing Authority submitting notice of their annual meeting dates for the year 2019. Public Entity Joint Insurance Fund, submitting notice of their December 18, 2018 meeting. 5 Passaic City Council January 8, 2019 Minutes Brilliant Environmental Services, LLC, submitting correspondence re: Response Action Outcome – Rent-a –Car, 761 Main Street PSE&G, submitting notice of their January 7, 8, and 9, 2019 public hearings. Applied Earth AES Solutions, submitting the following: • Correspondence re: Vapor Industries, 416 Houten Avenue Re: Soil and Underground water contamination NJ Department of Environmental Protection, submitting their following: • Suspected Hazardous Substance Discharge Notification NJDEP Case No. 18-12-18-1352-24 • Suspected Hazardous Substance Discharge Notification NJDEP Case No. 18-12-17-0831-50 • Fact Sheet – Evaluating Indoor Air Near VOC Contaminated Sites Parking Authority of the City of Passaic submitting the following: • Notice rescheduling their December 12 meeting to December 19, 2018. • Agenda of their December 19, 2018 meeting • Minutes of their October 24, 2018 ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 8, 2019 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-01-001 RESOLUTION – APPROPRIATION RESERVE TRANSFER 6 Passaic City Council January 8, 2019 Minutes WHEREAS, certain bills have been presented for payment for year 2018 charges for which there are insufficient budget reserves to pay, and WHEREAS, N.J.S.A. 40A:4-59 permits transfers of appropriation reserves within the first three months of the succeeding year to cover said charges, NOW, THEREFORE BE IT RESOLVED that the following 2018 Budget appropriation reserve transfers be authorized; FROM TO Plan & Econ S&W 27,000.00 UCC OE 7,000.00 Utility OE 20,000.00 TOTAL 27,000.00 27,000.00 CITY OF PASSAIC RESOLUTION NO. 19-01-002 RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2019 WHEREAS, NJSA 40A:4-19 of the Local Budget Act provides that the Temporary appropriations should be made prior to the adoption of the CY2019 current operating budget as well as Sewer Utility budget, for the purpose and the amounts required, and WHEREAS, the date of this resolution is within the first 30 days of the fiscal year, and WHEREAS, the total appropriations in the CY2018 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $85,126,985.00, and Sewer utility budget is the sum of $6,065,184.00, and WHEREAS, 26.25% of the total appropriation in the CY2018 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $22,345,833.00, and $1,592,110.00, and NOW,THEREFORE BE IT RESOLVED by the governing body of City of Passaic, County of Passaic, State of New Jersey, that the following temporary appropriations be made; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer of the City of Passaic, Passaic County, New Jersey. 7 Passaic City Council January 8, 2019 Minutes CITY OF PASSAIC CASH MANAGEMENT PLAN RESOLUTION NO.19-01-003 WHEREAS, N.J.S.A. 40:5-14, Local Fiscal Affairs Law, requires that each municipality adopt a Cash Management Plan designed to assure the deposit, investment and proper disbursement of local funds; NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Passaic does hereby adopt the following Cash Management Plan: A. DESIGNATION OF DEPOSITORIES The following institutions are designated as permissible depositories for the deposit of City funds: BANCO POPULAR PNC BANK TD BANKNORTH VALLEY NATIONAL BANK CAPITAL ONE All depositories must conform to the Governmental Unit Deposit Protection Act ("GUDPA"), and shall provide a Notification of Eligibility from the State of New Jersey, Department of Banking, on a semi-annual basis. In addition, designated depositories shall maintain maximum FDIC or FSLIC coverage of all City funds on deposit. B. DEPOSIT OF FUNDS All funds shall be deposited within forty-eight (48) hours of receipt, in accordance with NJ.S. 40A:5-15, into appropriate fund operating accounts. Interest bearing operating and capital accounts shall be regularly monitored for the availability of funds for investment. Debt Service and Trust accounts shall be maintained in accordance with Federal and State statutes regulating such funds. Payroll, Developers' Escrow deposits and other agency funds, which represent funds of individuals and other organizations held by the City, shall be deposited in regular, interest bearing checking accounts unless applicable State statutes direct otherwise. Grant funds shall be deposited in accordance with regulations of the granting government or agency. C. INVESTMENT INSTRUMENTS AND PROCEDURES The City may purchase those investments permitted in NJ.S. 40A:5-15.l, which include: United States Treasury Bonds, Notes and Bills United States Government Agency and Instrumentality Obligations New Jersey Arbitrage Rebate Management Fund Savings Bank Deposits and Certificates of Deposit 8 Passaic City Council January 8, 2019 Minutes State of New Jersey Cash Management Fund The City may purchase other obligations approved by the Division of Investment of the Department of Treasury for investment by local units. Investments shall be limited to a maturity of not more than one year 1 unless a longer term is permitted by applicable Federal or State regulations. Allowable investments with maturities which extend beyond the end of the City's fiscal year shall be permitted. The purchase of Certificates of Deposit shall be made based on the availability of funds for investment and the analysis of projected cash flows. D. DISBURSEMENT OF FUNDS All funds shall be disbursed as authorized and directed by the Municipal Council, except that the Chief Financial Officer shall have the authority to make the following disbursements prior to receiving the approval of the Municipal Council: County Taxes Payroll Withholding Amounts Debt Service Postage Insurance Premiums Purchase of Investments Interfunds Salaries and Wages Petty Cash Reimbursements School Taxes Utility Expenses Statutory Expenses Any disbursements made prior to Municipal Council approval shall be listed and included in the Payment of Bills for the first available council meeting following said disbursement for Municipal Council approval. Disbursements shall be executed via electronic wire transfer of funds by the Chief Financial Officer, or designated staff member, when that method of payment will result in an operating and/or financial benefit to the City. E. PETTY CASH FUND Reimbursements for expenditures through the Petty Cash Fund shall be made within the limits approved by the Director of the Division of Local Government Services. The Petty Cash Fund shall be maintained in accordance with N.J.S. 40A:5-21. Individual reimbursements from the Petty Cash Fund shall not exceed $50 per item. The following Petty Cash Funds shall be maintained: City Clerk $300 Fire Department $250 Police Department $200 Public Works $250 F. BONDING The following officials shall be covered by surety bonds; said surety bonds to be examined by the independent auditor to insure their proper execution: 9 Passaic City Council January 8, 2019 Minutes Chief Financial Officer Tax Collector City Clerk Treasurer Municipal Court Staff members of the Department of Finance and Tax Collection not covered by separate surety bonds shall be covered by a Public Employee's Faithful Performance Bond. G. COMPLIANCE The Cash Management Plan of the City of Passaic shall be subject to the approval of the City's Legal Counsel, and shall be subject to the annual audit, conducted pursuant to N.J.S. 40A:5-4. As stated in N.J.S. 40A:5-l4, the official(s) charged with the custody of City funds shall deposit them as instructed by this Cash Management Plan, and shall thereafter be relieved of any liability or loss due to the insolvency or closing of any designated depository. If, at any time, this Cash Management Plan conflicts with any regulation of the State of New Jersey, or any department thereof, the applicable State regulations shall apply. CITY OF PASSAIC RESOLUTION NO.19-01-004 RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE CITY OF PASSAIC BE IT RESOLVED by the City Council of the City of Passaic that: The following bank accounts, at their respective depositories of The City of Passaic shall be continued and shall be as follows: PNC BANK Current Account Trust Account Capital Account Dog Trust Account Defense Bond Account Primary General Election Account Sewer Capital PNC Grant Account PNC Claims Account VALLEY NATIONAL BANK Current Account Redemption Account EMS Billing Account Problem Solving Account FLEX Plan D&H Alternative Solutions, Inc. – Worker’s Compensation Emergency Solutions Grant Account 10 Passaic City Council January 8, 2019 Minutes Municipal Court Account Credit card account CAPITAL ONE Agency Account Current Account Community Development Block Grant Account Salary Account Tax Sale Premium Account Specialty Claims Management – Liability Utility Operations Regional Contribution Agreement – Savings Account Payroll Account Municipal Court Account Credit card account TD BANKNORTH Escrow Account Norwood RCA Account Recreation Officials Fee BANCO POPULAR Current Account City of Passaic Grant Fund City of Passaic Claims Fund CITY OF PASSAIC RESOLUTION NO. 19-01-005 RESOLUTION AUTHORIZING AN EXTENSION OF OPERATING HOURS FOR ESTABLISHMENTS OPERATING AS BONA FIDE RESTAURANTS IN CONJUNCTION WITH THE CITY OF PASSAIC’S NEW YEAR’S EVE CELEBRRATION ON MAIN AVENUE ON NEW YEAR’S DAY 2019 WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules, and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 149 “Food Establishments” sets forth operating regulations, including the hours of operation, for establishments operating as bona fide restaurants within the City of Passaic; and WHEREAS, the City of Passaic believes it to be necessary and proper for good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants to allow a one (1) time extension of operating hours for bona fide restaurants in conjunction with the City of Passaic’s New Year’s Eve Celebration on New Year’s Day 2019; and 11 Passaic City Council January 8, 2019 Minutes WHEREAS, the City of Passaic’s New Year’s Eve Celebration shall be held on December 31, 2018 from 8:00 p.m. to 1:00 a.m. on January 1, 2019, at 663 Main Avenue, Passaic, New Jersey; and WHEREAS, in conjunction with the City’s New Year’s Eve Celebration, those establishments located along the Main Avenue corridor and operating as bona fide restaurants as set forth in Chapter 149 of the City Code of the City of Passaic shall be permitted a one (1) time extension of operating hours on January 1, 2019 to 2:00 a.m.; and WHEREAS, on the record at the December 18, 2018 regular meeting of the City Council for the City of Passaic, the following vote was publicly held and recorded to approve said extension of operating hours, subject to the conditions set forth above: NOW THEREFORE BE IT RESOLVED by the City Council for the City of Passaic, that the Resolution Authorizing an Extension of Operating Hours for Establishments Operating as Bona Fide Restaurants in Conjunction with the City of Passaic’s New Year’s Eve Celebration on Main Avenue on New Year’s Day 2019 proposed and voted on by the City Council at its regular meeting on December 18, 2018 is hereby memorialized and approved; and BE IT FURTHER RESOLVED that the extension of operating hours shall be a one (1) time extension and by granting same does not amend or otherwise revise any provision of the City Code of the City of Passaic. CITY OF PASSAIC RESOLUTION NO. 19-01-006 RESOLUTION APPROVING AMUSEMENT GAMES FOR 212 WASHINGTON PLACE CORP. T/A RACK N ROLL, 212 WASHINGTON ST. PASSAIC, NJ. (BLOCK 1130, LOT 31), FOR LICENSING YEAR 2019 WHEREAS, 212 Washington Place Corp. t/a Rack N Roll will be operating their business in the City of Passaic; and, WHEREAS, the State Office of Amusement Games Control requires that the governing body of the municipality wherein amusement games are to be located approve the proposed site of such amusement games; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Passaic hereby approves of this proposed site, namely Block 1130, Lot 31 with address 212 Washington Place, for the proposed amusement games, subject to the specific approval of each individual game, wheel, ride and attractions by the New Jersey 12 Passaic City Council January 8, 2019 Minutes Office of Amusement Games Control, and compliance with all State, County and local regulations pertaining thereto: BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded by the City Clerk to the following: 1. Joseph Chessere, NJ Office of Amusement Games Control 2. Alberto M. Ventura, Construction Official 3. 212 Washington Place Corp. t/a Rack N Roll CITY OF PASSAIC RESOLUTION # 19-01-007 RESOLUTION AWARDING CONTRACT FOR TAX APPEAL ATTORNEY CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Wednesday, December 19, 2018 for Tax Appeal Attorney; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received from the attached list of vendors: WHEREAS, in addition to the attached, proposals were also downloaded from the City of Passaic’s website by the following, none of whom submitted proposals: Prime Vendor DeCotiis, Fitzpatrick Cole & Giblin Wilmington, NC Teaneck, NJ WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Tax Appeal Attorney be awarded to Chasan Lamparello Mallon & Cappuzzo, Secaucus, NJ at a rate of $ 125.00/hour in an amount not to exceed $85,000.00 for the calendar year January 1, 2019 through December 31, 2019. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Tax Appeal Attorney be awarded to Chasan Lamparello Mallon & Cappuzzo, NJ at a rate of $ 125.00/hour in an amount not to exceed $85,000.00 for the calendar year January 1, 2019 through December 31, 2019. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. 13 Passaic City Council January 8, 2019 Minutes CERTIFICATION OF FUNDS Contingent upon CY 19 Budget being approved by the Governing Body funds will be available in Account. #9-01-20-155-000-123. CITY OF PASSAIC RESOLUTION # 19-01-008 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR PYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM WHEREAS, on May 8, 2018 the City Council of the City of Passaic adopted Resolution #18-05-148 (Attached) approving a contract with Dr. Damon Delston for Physician Services for Substance Abuse Treatment Program in an amount not to exceed $27,000.00; and WHEREAS, it is necessary to increase the contract amount by an additional $ 5,000.00 for a revised total amount of $32,000.00 for additional sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Dr. Damon Delston, for Physician Services for Substance Abuse Treatment Program shall be amended to increase the contract amount to $32,000.00. BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this amendment on a form approved by the City Attorney and that this amendment be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Account #T-03-56-330-3SU-MAP. CITY OF PASSAIC RESOLUTION # 19-01-009 RESOLUTION AWARDING CONTRACT FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR BUILDING MASONRY RESTORATION MUNICIPAL COMPLEX 330 PASSAIC STREET PASSAIC, NEW JERSEY WHEREAS, proposals were received by the Director of Purchasing on Wednesday, December 5, 2018 for Engineering Services for the Design and Construction Inspection Services for Building Masonry Restoration Municipal Complex 330 Passaic Street; and 14 Passaic City Council January 8, 2019 Minutes WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, proposals were received as per the attached; and WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Pennoni Construct Connect Thornton Tomasetti Newark, NJ Cincinnati, OH New York, NY O & S Associates Envirobidnet Studio Hillier Hackensack, NJ Port Charlotte, FL Princeton, NJ Prime Vendor Visual Wilmington, NC Salem, MA WHEREAS, the Evaluation Committee reviewed the proposals received and recommends that the contract for Engineering Services for the Design and Construction Inspection Services for Building Masonry Restoration Municipal Complex – 330 Passaic Street be awarded to Herbst Musciano of Boonton, NJ in an amount not to exceed $27,960.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Engineering Services for the Design and Construction Inspection Services for Building Masonry Restoration Municipal Complex – 330 Passaic Street be awarded to Herbst Musciano of Boonton, NJ in an amount not to exceed $27,960.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Capital Account #C-04-55-980-018-9SC. CITY OF PASSAIC RESOLUTION # 19-01-010 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR CONSULTANT/CLINICAL SUPERVISOR FOR SUBSTANCE ABUSE TREATMENT PROGRAM WHEREAS, on November 9, 2017 the City Council of the City of Passaic adopted Resolution #17-11-329 (Attached) approving a contract with Diane DeValve for Consultant/Clinical Supervisor for Substance Abuse Treatment Program in an amount not to exceed $ 34,000.00; and 15 Passaic City Council January 8, 2019 Minutes WHEREAS, it is necessary to increase the contract amount by an additional $4,000.00 for a revised total amount of $38,000.00 for additional sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Diane DeValve, for Consultant/Clinical Supervisor for Substance Abuse Treatment Program shall be amended to increase the contract amount to $38,000.00. BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this amendment on a form approved by the City Attorney and that this amendment be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Account #T-03-56-330-3SU-MAP. CITY OF PASSAIC RESOLUTION#19-01-011 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the below mentioned tax payers have over paid their taxes and a refund is due to them; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s); BLOCK LOT QUAL. NAME YEAR AMOUNT 1024 1 2 Bees Properties LLC 2018 $7,060.08 1024 2 26 Garvey Rd. 2018 $6,457.37 Wayne, NJ 07470-3629 Total Refund Due: $13,517.45 CITY OF PASSAIC RESOLUTION NO. 19-01-012 RESOLUTION APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT WHEREAS, City Council makes appointments to the Zoning Board of Adjustment and the newest members fill lowest alternate positions and move up as vacancies become available; and WHEREAS, the following indicates members being reappointed and the alternate members moving up in position due to vacancies; 16 Passaic City Council January 8, 2019 Minutes BE IT RESOLVED by the City Council of the City of Passaic that the City Council, hereby re-appoints: Name/address Term Appointment made by: Moshe Stareshesky 12/31/2023 Commissioner Gary Schaer 294 Terhune Ave. Yaacov Brisman 12/31/2023 Commissioner Chaim Munk 140 Ridge Ave. Yolanda Soto 12/31/2020 Alternate II Jose Garcia 327 Van Houten Ave. Vacant 12/31/2020 Alternate IV CITY OF PASSAIC RESOLUTION NO. 19-01-013 RESOLUTION APPOINTING MEMBER TO THE PASSAIC HOUSING AUTHORITY BE IT RESOLVED by the City Council of the City of Passaic that the City Council hereby appoints the following Commissioner: Name Address Majin Zuniga 371 Highland Avenue , Passaic, NJ As a Commissioner to the Housing Authority of the City of Passaic for a five year term to commence immediately and to expire on November 29, 2023. CITY OF PASSAIC RESOLUTION NO. 19-01-014 RESOLUTION IN SUPPORT OF THE USE OF ELECTRIC VEHICLES IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the City of Passaic is committed to fostering increased adoption of electric vehicles and needed infrastructure in order to reduce global warming and pollution and improve air quality in the City of Passaic, the State of New Jersey, and nationally; and WHEREAS, Electrify New Jersey, in partnership with Jersey Renews, a state coalition promoting the transition to clean, renewable energy in New Jersey, and ChargEVC, a diverse electric coalition, have developed a comprehensive framework to serve as a roadmap for creating a sustainable and growing EV market in New Jersey; and WHEREAS, the Electrify New Jersey roadmap includes recommended goals and policy actions designed to: • Expand public charging infrastructure; • Foster greater affordability of EV’s to increase adoption; 17 Passaic City Council January 8, 2019 Minutes • Ensure sufficient private charging infrastructure; • Ensure electrification solutions to reach all communities equitably; • Ensure long term funding for the transportation trust fund; • Build consumer awareness; and • Support market development efforts; and WHEREAS, electrifying the state’s transportation system is one of the top priorities stated in the January 1, 2018, recommendations of New Jersey Governor Phil Murphy’s Environment and Energy Transition Advisory Committee; and WHEREAS, the widespread adoption of Electric Vehicles (EV’s) will bring significant economic benefit, including lower electricity rates by re-creating more resilient and responsive electric grid and reduced vehicle operating costs, and substantial emission reductions that result in cleaner air for everyone. NOW, THEREFORE, BE IT RESOLVED that the City Council and Mayor of the City of Passaic support the implementation of New Jersey’s Clean Car standards, the ability of states that adopt Clean Car standards to have stronger safeguards to protect the health of New Jerseyans above and beyond federal standards, and in opposition to efforts at the federal level by the current administration or Congress to weaken these standards or usurp local control to protect the state’s residents from air pollution from the transportation sector. CITY OF PASSAIC RESOLUTION NO. _19-01-015 RESOLUTION AUTHORIZING CANCELLATION OF TAX SALE CERTIFICATE AND RETURN OF TAX SALE PROCEEDS WHEREAS, Mejias, Angel & Gloria, who is the owner of Block 4069, Lot 43, more commonly known as 34 Van Buren Street WHEREAS, On December 11, 2018 the City of Passaic sold to Fig as Cust for Fig NJ18, LLC a tax sale certificate #18-00175 in the amount of $1,484.75 and premium of $3,800.00 WHEREAS, On December 13, 2018 the Tax Assessor entered into a Stipulation of Settlement for an Added/Omitted tax appeal causing there to be a zero balance due for taxes WHEREAS, the Chief Financial Officer certifies that funds equaling $1,484.75 are available for return to Fig as Cust for Fig NJ18, LLC 18 Passaic City Council January 8, 2019 Minutes NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the sum of $1,484.75 and $3,800.00 be returned to Fig as Cust for Fig NJ18, LLC and Tax Sate Certificate #18-00175 be rescinded CITY OF PASSAIC RESOLUTION NO. 19-01-016 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 3268, LOT 30 (268 VAN HOUTEN AVENUE) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties identified on the Official Tax Map of the City of Passaic as Block 3268, Lot 30, more commonly known as 268 Van Houten Avenue, Passaic, New Jersey, qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/ rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and WHEREAS, this designation as an area in need of redevelopment/rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/rehabilitation of the aforementioned properties; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 3268, Lot 30 (268 Van Houten Avenue), as an Area in Need of Redevelopment/Rehabilitation. 19 Passaic City Council January 8, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-01-017 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PASSAIC AND THE AMERICAN RED CROSS FOR EMERGENCY MANAGEMENT IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the City of Passaic’s Office of Emergency Management (OEM) is responsible for the planning, activating, coordinating, and conducting emergency management operations within the City of Passaic; and WHEREAS, the City of Passaic OEM seeks to partner with the American Red Cross (Red Cross) in preparing for, responding to, and recovering from emergencies and disasters; and WHEREAS, the City of Passaic and the Red Cross wish to enter into this Memorandum of Understanding (MOU) which provides the framework for cooperation and support between the Red Cross and the OEM in assisting individuals, families, and the community who have been or could be impacted by a disaster or emergency; and WHEREAS, the MOU further provides the descriptions of readiness and response activities and defines the roles and responsibilities of the Red Cross and the OEM to the community and other agencies; and WHEREAS, the term of this MOU shall commence on October 15, 2018 and terminate on October 14, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Memorandum of Understanding with the American Red Cross for emergency management, subject to the terms and conditions set forth therein. BE IT FURTHER RESOLVED that the Mayor, City Clerk, Police Department, and/or Emergency Management Coordinator of the City of Passaic are hereby authorized to execute the attached Memorandum of Understanding and/or any other documents required for same to further the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 19-01-018 RESOLUTION AUTHORIZING ACCEPTANCE OF AN AWARD OF AN ELECTRIC VEHICLE CHARGER FROM JUICE BAR OASIS CHARGER WHEREAS, the City of Passaic has received notice from Juice Bar, Oasis Charger Corporation, that it was selected to receive an award of an Electric Vehicle Charger; and 20 Passaic City Council January 8, 2019 Minutes WHEREAS, the City of Passaic has been awarded the Juice Bar Electric Vehicle Charger, Model No. MB401, valued at $2,999.00; and WHEREAS, receipt of said grant funds is contingent upon the terms and conditions set forth in the award notice received from Juice Bar, Oasis Charger Corporation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Passaic does hereby authorize receipt of the Juice Bar Electric Vehicle Charger Model No. MB401 from Juice Bar, Oasis Corporation, subject to the terms and conditions of the award notice; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and duly designated City of Passaic officials are hereby authorized and directed to execute any agreement on behalf of the City and to sign any other documents necessary in connection therewith. CITY OF PASSAIC RESOLUTION NO. 19-01-019 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT AN EXTENSION OF GRANT FUNDING FROM THE COUNTY OF PASSAIC COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY WHEREAS, the City of Passaic was awarded $3,712,004.00 from the County of Passaic under the Community Development Block Grant Disaster Recovery (CDBG-DR) for implementation of the MacDonald Brook Storm Water Management Project; and WHEREAS, all projects and activities funded under CDBG-DR were to be completed by July 30, 2017; and WHEREAS, the Passaic County Board of Chosen Freeholders adopted Resolution #20181105 on December 27, 2018 authorizing an extension of CDBG-DR funding to the City of Passaic through June 30, 2019 and authorizing the extension of the relevant sub-grant agreement through that date that shall permit the City of Passaic to complete Phase IV and implement and complete Phase V of the McDanold Brook public facility project; and WHEREAS, the Passaic County Board of Chosen Freeholders has requested the City of Passaic to execute Amendment No. 6 to CDBG DR Sub-Recipient Agreement attached hereto which has been reviewed and approved by the City Attorney. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to 21 Passaic City Council January 8, 2019 Minutes accept an extension from the County of Passaic for funding under the Community Development Block Grant Disaster Recovery through June 30, 2019; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the amended Sub-Grant Agreement attached hereto and return same to the Passaic County Division of Economic Development. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2197-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS, the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 423 Handicapped Parking Spaces. WHEREAS, the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 423 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 36 Aycrigg Avenue North Beginning at a point 176 W24BWD feet west of the westerly 22 Passaic City Council January 8, 2019 Minutes curbline of River Drive and extending to a point 20 feet westerly therefrom 512 Gregory Avenue North Beginning at a point 122 P27JWR feet west of the westerly curbline of Kruger Place and extending to a point 22 feet westerly therefrom 191 Grove Street West Beginning at a point 245 H33JVD feet south of the southerly curbline of Oak Street and extending to a point 20 feet southerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 36 Aycrigg Avenue North Beginning at a point 176 P83KDZ feet west of the westerly curbline of River Drive and extending to a point 20 feet westerly therefrom 512 Gregory Avenue North Beginning at a point 122 4868HF feet west of the westerly curbline of Kruger Place and extending to a point 22 feet westerly therefrom 23 Passaic City Council January 8, 2019 Minutes 191 Grove Street West Beginning at a point 245 H33JVD feet south of the southerly curbline of Oak Street and extending to a point 25 feet southerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on January 22, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: PAYMENT OF BILLS On a motion by Council Member Patel and seconded by Council Member Melo the PAYMENT OF BILLS was accepted and approved ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: MAYOR’S REPORT Mayor Hector C. Lora thanked city council president Schaer for expanding security measures in Passaic; the new law will keep children safe. Ad Hoc Budget Committee comprised of Council Members Schwartz, Garcia, and Love ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Garcia and seconded by Council Member Melo the meeting was adjourned at 8:39 p.m. ATTEST: APPROVED: William Maslo, Gary S. Schaer, City Attorney Council President 24