City Council

Passaic City Council February 5, 2019 Minutes City of Passaic New Jersey WORK-SESSION WAS HELD ON TUESDAY, FEBRUARY 5, 2019 AT 5:30 PM IN THE CITY COUNCIL CHAMBERS FIRST FLOOR CITY HALL 330 PASSAIC ST., PASSAIC, NJ. Amada D. Curling, City Clerk read the following notice into record: PURSUANT TO THE OPEN PUBLIC MEETING ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS SCHEDULED WORK SESSION MEETING TUESDAY, FEBRUARY 5, 2019 AT 5:30 P.M. TO BE HELD IN THE CITY HALL 330 PASSAIC STREET, PASSAIC, NEW JERSEY. FURTHERMORE, FOLLOWING THE WORK SESSION, THE REGULAR MEETING WILL BE HELD AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF PASSAIC CITY HALL, 330 PASSAIC STREET, PASSAIC, NJ. ROLL CALL AYES: Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslo, City Attorney Council President Schaer opened the work session with an informal review and discussion regarding agenda items. Councilman Munk took his seat on the dais Councilman Love took his seat on the dais After a discussion on the agenda items, the Council went into Regular Meeting at 7:00 p.m. PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON TUESDAY, FEBRUARY 5, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL Amada D. Curling, City Clerk read the following notice into record: IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON JUNE 19, 2018 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2018-2019, SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslo, City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance Passaic City Council February 5, 2019 Minutes City Council President Schaer called for a moment of silence in honor of the deceased niece of Doris Dudek, Purchasing Agent and former City of Passaic mayor Joseph Lipari. PRESENTATION • RICARDO FERNANDEZ, AICP, PP NEW JERSEY CHAPTER OF THE AMERICAN PLANNING ASSOCIATION 2018 DISTINGUISHED CIVIC LEADERSHIP AWARD o Mayor Lora presented and read on record a proclamation honoring Ricardo Fernandez, followed by comments from the City Council and Mayor Lora. • LUIS PERALTA, CITY OF PASSAIC HIGH SCHOOL STUDENT AND ATHLETE o Council Member Terrence Love presented and read a proclamation honoring Luis Peralta, followed by comments from the City Council and Mayor Lora. Council President Schaer called for a recess at 7:48 p.m. Upon motion made by Council Member Love and seconded by Council Member Schwartz the meeting was reconvened at 8:00 p.m. ROLL CALL AYES: Munk, Love, Melo, Schwartz, CP Schaer ABSENT: Garcia, Patel MINUTES Council Meeting Minutes for January 17, 2019 and January 22, 2019, submitted for approval. Upon motion made by Council Member Love and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia, Patel ------------------------------------------------------------ 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 2 Passaic City Council February 5, 2019 Minutes 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 Council Member Patel took his seat on the dais at 8:09 p.m. Jaroslaw Jackiw, JJ, 266 Lafayette Avenue • Can General Council for COP advise the public as to the current law on all municipal owned properties as it relates to Health Department inspections? • Can the BA- Chief of Staff advise the public when was the last full Health Department inspection done at all municipal properties? • Can the Chief of Police advise the public as to the status of the Consulting Services to the COP Police Department, Accreditation by the NJ State Association of Chiefs of Police by The Rodger Group of Island Heights, NJ in the amount of 93,400.00, as approved by the City Council by way of Resolution? • Has the Rodger Group made their recommendations to the Mayor & City Council on proposed improvement to the PPD Management & Staff in CY 2019? • Can the Chief of Staff certify to the public that all CCW units are fully operational within their designated streets & municipal properties in CY 2019? • Can General Council advise the public as to how many Law Suits against COP, are still pending CY 2019? Jerald J. Diggs, United Passaic Organization, 1 Howe Avenue, Suite 301 • He thanked the Council and Mayor for their support and for helping UPO have a smooth transition from their old office to their new office now located at 1 Howe Avenue, Suite 301 Passaic, NJ. He expressed his excitement for the new services UPO will be offering. Joe Conoscenti, 170 Broadway • When will the Crime data reports be sent to the state police department? • In the past, the police mobile unit was parked in areas where crimes were committed. Can the police mobile unit be parked at 41 Myrtle Avenue in order to discourage crimes? • Agenda Item No. 19- What is the purpose of this resolution and what will the total cost be. Jeannette Santana, 187 Blvd. • She congratulated Ricardo Fernandez, BA on his accomplishments. • She is very proud to be a City of Passaic resident. • She thanked the Mayor and City Council for the Dignity House and having a Super Bowl party for the less fortunate. • She acknowledged and congratulated Luis Peralta on his accomplishments. She stated that there are many children in Passaic accomplishing great goals, although you only hear about the bad. After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was adjourned. 3 Passaic City Council February 5, 2019 Minutes ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ORDINANCES FOR SECOND AND FINAL READING (PUBLIC HEARING REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO 2198-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love 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, CP Schaer ABSENT: Garcia After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Schwartz and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Master’s Billiards, Entertainment Inc., 276A Passaic Street, submitting application to renew their Entertainment license for the year 2019. Master’s Billiards, Entertainment Inc., 276A Passaic Street, submitting application to renew their Arcade license for the year 2019. 4 Passaic City Council February 5, 2019 Minutes Girl Scouts of Northern New Jersey, 95 Newark Pompton Plains, Riverdale, NJ, submitting application to hold a Girl Scout Program –Arts and Crafts in the Passaic Recreation Center, 330 Passaic Street on the following dates: • February 11, 2019 From: 5:00 p.m. to 6:00 p.m. • February 25, 2019 From: 5:00 p.m. to 6:00 p.m. • March 4, 2019 From: 5:00 p.m. to 6:00 p.m. • March 18, 2019 From: 5:00 p.m. to 6:00 p.m. • March 25, 2019 From: 5:00 p.m. to 6:00 p.m. • April 1, 2019 From: 5:00 p.m. to 6:00 p.m. • April 8, 2019 From: 5:00 p.m. to 6:00 p.m. Factory 220, LLC, 220 Passaic Street, submitting application to renew their Entertainment license for the year 2019. St. Anthony of Padua Church, 101-103 Myrtle Avenue, submitting application to hold a Flea Market in their private parking lot on: • March 16, 2019 From: 7:30 a.m. to 4:30 p.m. • April 27, 2019 From: 7:30 a.m. to 4:30 p.m. • June 22, 2019; From: 7:30 a.m. to 4:30 p.m. • July 27, 2019 From: 7:30 a.m. to 4:30 p.m. • August 17, 2019; From: 7:30 a.m. to 4:30 p.m. • September 21, 2019; From: 7:30 a.m. to 4:30 p.m. • October 19, 2019; From: 7:30 a.m. to 4:30 p.m. • November 16, 2019 From: 7:30 a.m. to 4:30 p.m. Rain dates: October 26 and November 23, 2019 (Contingent upon departmental approval) St. Anthony of Padua, RCCC Church Prayer Group, 101-103 Myrtle Avenue, submitting application to hold a Charismatic Prayer Group Assembly, on the following dates: • June 3, 10, 17, 24, 2019 From: 5:00 p.m. to 6:00 p.m. • July 01, 08,15,22,29, 2019 From: 5:00 p.m. to 6:00 p.m. • August 02, 12, 26, 2019 From: 5:00 p.m. to 6:00 p.m. St. Anthony of Padua Church, 101-103 Myrtle Avenue, submitting the following applications: • Procession on April 19, 2019 from 11:00 a.m. to 1:00 p.m. The Procession will commence on the corner of Oak Street and Myrtle Avenue travel to Oak Street to Gregory Avenue, to Monroe Street, Myrtle Avenue ending at the corner of Oak Street and Myrtle Avenue. • Procession on April 21, 2019 from 6:00 a.m. to 6:30 a.m. The first procession will commence at 101-103 Myrtle Avenue travel to right on Myrtle Avenue to Oak Street to Tulip Street to Chestnut Street ending on Myrtle Avenue. The second Procession will travel to left on Myrtle Avenue, to Chestnut Street to Tulip Street to Oak Street to Myrtle Avenue ending at 101-103 Myrtle Avenue. • Procession on June 13, 2019 from 8:00 p.m. to 9:15 p.m. The procession will commence at 320 Oak Street travel to Gregory Avenue to Monroe Street, to Myrtle Avenue to Oak Street ending at 320 Oak Street. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia 5 Passaic City Council February 5, 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 Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting notice of their January 28, 2019 public meeting. Bohler Engineering, submitting correspondence re: Flood Hazard Area Individual Permit and Verification Application, 26 Jefferson Street, Passaic, NJ File No. J170929 City of Passaic Zoning Board of Adjustment submitting agenda of their January 26, 2019 public meeting. North Jersey District Water Supply Commission, submitting the following: • Minutes of their December 19, 2018 meeting • Agenda and Notice of their January 23, 2019 meeting NJ Department of Environmental Protection, submitting the following: • Suspected Hazardous substance discharge notification NJDEP Case Number: 19-01-029-1009-39 • Application for Waterfront Development Individual Upland and In-Water Permit and Hazard Flood Area Verification and Deficiency -27 8th Street, Passaic, New Jersey Mayor Hector C. Lora, memorandum re: reappointing Edward Little, to the city of Passaic Library Board of Trustees ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia RESOLUTIONS: 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 # 19-02-030 RESOLUTION AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF PASSAIC AND THE COUNTY OF PASSAIC FOR TRANSPORTATION SERVICES FOR SENIOR CITIZEN AND HANDICAPPED RESIDENTS 6 Passaic City Council February 5, 2019 Minutes WHEREAS, the City of Passaic is desirous of utilizing the County of Passaic’s Para-Transit vehicles for the purpose of providing transportation services to the elderly and handicapped residents of the City of Passaic; and WHEREAS, the City of Passaic and County of Passaic wish to enter into the attached Shared Services Agreement for the utilization of such vehicles pursuant to N.J.S.A. 40:8A-1, et seq.; and WHEREAS, under such Shared Service Agreement, the County of Passaic agrees to make four (4) vehicles available to the City of Passaic for the period of January 1, 2018 through December 31, 2018 and also agrees to pay the City of Passaic a sum not to exceed $60,402.00 for reimbursement of costs incurred by the City of Passaic in hiring and maintaining drivers for such vehicles; and WHEREAS, the City of Passaic, in exchange for the use of such vehicles, agrees maintain the level of services that existed on or about December 31, 2005 and to provide all non-emergency medical transportation for its senior and handicapped citizens; and WHEREAS, the County of Passaic shall also adopt a Resolution authorizing it to enter into the attached Shared Services Agreement for the period of January 1, 2018 through December 31, 2018. 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 Shared Services Agreement with the County of Passaic for the use of four (4) Para-Transit vehicles by the City of Passaic for the period of January 1, 2018 through December 31, 2018 and subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to the County of Passaic to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Amended Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to N.J.S.A. 40A:65-4. 7 Passaic City Council February 5, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-02-031 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR EXCHANGE PLACE PASSAIC, NEW JERSEY WHEREAS, on January 18, 2019, there was a sanitary sewer collapse at 45 Exchange Place, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer collapse posed a serious potential for a health and safety hazard; and WHEREAS, a private contractor had to be hired to repair the sanitary sewer collapse; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the following contractors were contacted and prices obtained: Delgado Brothers General Contractors $17,250.00 Passaic, NJ John Garcia Construction $29,750.00 Clifton, NJ Your Way Construction $44,650.00 Irvington, NJ WHEREAS, the final cost for this job was $ 13,919.50. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers General Contractor of Passaic, NJ be made in the amount of $13,919.50. CERTIFICATION OF FUNDS Funds for the above are available in Account #B-12-44-BG8-000-9RD. CITY OF PASSAIC RESOLUTION # 19-02-032 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF PASSAIC AND YOUR WAY CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIR CHESTNUT STREET BETWEEN MYRTLE AVENUE AND TULIP STREET PASSAIC, NEW JERSEY WHEREAS, on December 6, 2018 the City Council of the City of Passaic adopted Resolution #18-12-387 (attached), approving a contract with Your Way Construction in the amount of $ 13,281.00 8 Passaic City Council February 5, 2019 Minutes for Emergency Sanitary Sewer Repair Chestnut Street between Myrtle Avenue and Tulip Street; and WHEREAS, additional police traffic control was needed increasing the contract an additional $ 739.30 for a revised contract price of $14,020.30. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order between the City of Passaic and Your Way Construction is ratified and accepted, increasing the contract an additional $739.30 for a revised contract price of $14,020.30. BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this Change Order on a form approved by City Attorney and that the Change Order be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #8-07-55-502-000-9ER. CITY OF PASSAIC RESOLUTION #19-02-033 RESOLUTION AUTHORIZING A CONTRACT WITH THE RODGERS GROUP FOR ONLINE TRAINING MODULE FOR IN-SERVICE TRAINING FOR POLICE ACCREDIATION POLICE DEPARTMENT WHEREAS, on July 18, 2017, the City Council of the City of Passaic adopted Resolution #17-07-227 (attached) approving a contract with The Rodgers Group for Consulting Services for Police Accreditation; and WHEREAS, yearly training is mandatory to maintain accreditation; and WHEREAS, the Rodgers Group provides Online In-Service Training Module which enables the Police Department to implement the training program with substantial decrease in training expenses; and WHEREAS, the cost for the Online Training Module is $19,296.00 for a one year period. WHEREAS, it is the recommendation of Police Chief, Luis Guzman that the contract be awarded to The Rodgers Group for Online Training Module for In-Service Training in the amount of $19,296.00. 9 Passaic City Council February 5, 2019 Minutes NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Online Training Module for In-Service Training be awarded to The Rodgers Group in the amount of $19,296.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds are available in Police Contractual Account #9-01-25-240-020-029. CITY OF PASSAIC RESOLUTION #19-02-034 RESOLUTION AWARDING CONTRACT THROUGH NEGOTIATIONS FOR ENGINEERING SERVICES DESIGN CONSTRUCTION INSPECTION SERVICES FOR WINDOW AND SKYLIGHT RESTORATION MUNICIPAL COMPLEX WHEREAS, the City of Passaic solicited proposals for Engineering Services Design Construction Inspection Services for Window and Skylight Restoration Municipal Complex; and WHEREAS, the proposals were solicited though a fair and open process in accordance with N.J.S.A. 19:44A-20.4; and WHEREAS, proposals were solicited on November 8, 2018 and December 14, 2018 which resulted in no responses; and WHEREAS, N.J.S.A. 40A:11-5 (3) (a) provides that any bid which has been advertised on two occasions and no bids have been received on both occasions may be negotiated and awarded by Resolution; and WHEREAS, the Director of Purchasing has made a reasonable effort to determine that the same goods and services, at a price lower than the negotiated price, are not available from any agency or authority of the United States, the State of New Jersey, the County of Passaic or any local municipality; and WHEREAS, the terms, conditions, restrictions and specifications set forth in the negotiated contract are not substantially different from those which were the subject of the Request For Proposal; and WHEREAS, pricing was received for these services from Coppa Montalbano of Totowa, NJ in an amount not to exceed $11,300.00; and 10 Passaic City Council February 5, 2019 Minutes WHEREAS, the City of Passaic wishes to enter into a contract with Coppa Montalbano Architects of Totowa, NJ for Engineering Services Design Construction Inspection Services for Window and Skylight Restoration in an amount not to exceed $ 11,300.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is authorized to enter into a contract with Coppa Montalbano Architects for Engineering Services Design Construction Inspection Services for Window and Skylight Restoration Municipal Complex in an amount not to exceed $ 11,300.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account #C-04-55-980-018-9SC. CITY OF PASSAIC RESOLUTION NO._19-02-035 RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES WHEREAS, New Jersey property taxes are a continuous lien on the real estate. Property taxes are due in four installments during the year: February 1, May 1, August 1, and November 1. in accordance with N.J.S.A. 54:4-67 The governing body shall fix, by resolution, the rate of interest to be charged for the nonpayment of taxes, assessments, or other municipal liens or charges, on the date when they would become delinquent, and may also provide that no interest shall be charged if payment of any installment is made within the tenth calendar day following the date upon which the same became payable, also known as the grace period. The rate so fixed shall not exceed 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00, to be calculated from the date taxes were payable until the date that actual payment to the tax collector is made. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 54:4-67 the City of Passaic, hereby directs that the interest rate for the non-payment of taxes, assessments or other municipal liens or charges shall be fixed at 8% for the first $1,500.00 delinquent amount and at 18% for any amounts in excess of $1,500.00; provided, however, that no interest shall be charged if payment of any installment of such taxes or assessments is made within the tenth calendar day following the date upon which same became payable, also known as the grace period. 11 Passaic City Council February 5, 2019 Minutes CITY OF PASSAIC RESOLUTION NO.19-02-036 RESOLUTION AUTHORIZING CANCELLATION OF SMALL BALANCES WHEREAS, in accordance with N.J.S.A. 40A:5-171 a municipal governing body may adopt a resolution designating a municipal employee, on its behalf, to process or cancel property tax refunds under ten dollars and/or cancel any property tax delinquencies under ten dollars. WHEREAS, the enactment of P.L. 2013.c.54 has expanded the scope of this statute to encompass any delinquent charges or fees imposed by the municipality so long as the delinquency is less than ten dollars. WHEREAS, the cancellation of small balances will prevent those properties with such small delinquencies from going to tax sale and having additional interest and penalties imposed; And to further avoid any hardship that would otherwise be imposed on residents with such small delinquencies of less than ten dollars. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 40A:5-171 the Council hereby directs, that the Tax Collector is hereby authorized to process or cancel any small balances of less than ten dollars. CITY OF PASSAIC RESOLUTION#19-02-037 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a judgment from a rendered decision for the below listed properties; and WHEREAS, the hereafter mentioned properties based on a judgment from the Tax Court of New Jersey have overpaid their taxes; and; 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) as provided by the judgment attached hereto; Block Lot Qual. Name Year Amount 4124 32 Park, Jin 2017 $6,750.83 4124 32 Park, Jin 2018 $6,948.30 4125 6 Herzberg, Glen 2018 $1,440.13 12 Passaic City Council February 5, 2019 Minutes CITY OF PASSAIC RESOLUTION #19-02-038 RESOLUTION AUTHORIZING 2019 INTERLOCAL SERVICES AGREEMENT WITH PASSIAC ENTREPISE ZONE DEVELOPMENT CORPORATION FOR BUSINESS ADMINISTRATOR WHEREAS, the City of Passaic maintains the position of Business Administrator; and WHEREAS, the Business Administrator has also served as Executive Director of the Passaic Enterprise Zone Development Corporation (PEZDC); and WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Business Administrator on a part-time basis; and WHEREAS, sharing the time of the Business Administrator between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their November 28, 2018 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Business Administrator. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Economic Development Representative providing the City with a payment of up to $45,920 for the period January 1, 2019 through December 31, 2019 for the services of the Business Administrator. CITY OF PASSAIC RESOLUTION # 19-02-039 RESOLUTION AUTHORIZING 2019 INTERLOCAL SERVICES AGREEMENT WITH PASSIAC ENTREPISE ZONE DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT REPRESENTATIVE WHEREAS, the City of Passaic maintains the position of Economic Development Representative; and 13 Passaic City Council February 5, 2019 Minutes WHEREAS, the Economic Development Representative is the long-time Zone Coordinator of the Passaic Enterprise Zone Development Corporation (PEZDC); and WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Economic Development Representative for approximately two-thirds of that employee’s time; and WHEREAS, sharing the time of the Economic Development Representative between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their November 28, 2018 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Economic Development Representative. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Economic Development Representative providing the City with a payment of up to $76,916 for the period January 1, 2019 through December 31, 2019 for the services of the Economic Development Representative. CITY OF PASSAIC RESOLUTION #19-02-040 RESOLUTION CONSENTING TO THE URBAN ENTERPRISE ZONE 2019 ADMINISTRATION BUDGET WHEREAS, the Passaic Enterprise Zone Development Corporation (PEZDC) administers the Urban Enterprise Zone Program within the City of Passaic: and, WHEREAS, on November 28, 2018, the Passaic Enterprise Zone Development Corporation (PEZDC) approved a resolution adopting a 2019Administrative Budget for the period of January 1, 2019 through December 31, 2019 in the amount of $261,860; and 14 Passaic City Council February 5, 2019 Minutes WHEREAS, The Passaic Enterprise Zone Development Corporation has sufficient funds to meet the adopted 2019 Administrative Budget. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the 2019 UEZ budget (attached) in an amount up to $261,860 for the period January 1, 2019 through December 31, 2019. CITY OF PASSAIC RESOLUTION NO. 19-02-041 RESOLUTION CONSENTING TO THE USE OF URBAN ENTERPRISE ZONE FUNDS FORTHE GRAFFITI ERADICATION PROJECT 2019 WHEREAS, the Passaic Enterprise Zone Development Corporation has established cleanliness as a priority goal and graffiti abatement as a priority project; and, WHEREAS, the existing UEZ sponsored Graffiti Eradication project has been well received and effective; and WHEREAS, additional measures are needed to further improve graffiti eradication efforts; and, WHEREAS, the Board of the Passaic Enterprise Zone Development Corporation at their meeting of November 30, 2017 has adopted a resolution providing for the use of $98,529 of funds for Graffiti Eradication during calendar year 2019. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council consents to the Graffiti Eradication project as proposed by the Passaic Enterprise Zone Development Corporation resolution providing for the use of $98,529 of funds for calendar year 2019. CITY OF PASSAIC RESOLUTION NO. 19-02-042 RESOLUTION CONSENTING TO THE USE OF URBAN ENTERPRISE ZONE FUNDS FOR THE CLEAN SWEEP PROJECT 2019 WHEREAS, litter abatement continues to be a priority issue for the City; and WHEREAS, the existing UEZ sponsored litter project has been well received and effective; and WHEREAS, additional measures are needed to further improve litter abatement efforts; AND 15 Passaic City Council February 5, 2019 Minutes WHEREAS, the Board of the Passaic Enterprise Zone Development Corporation at their November 28, 2018 meeting has adopted a resolution providing for the use of $257,876 of funds for the clean sweep program during calendar year 2018. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council consents to the clean sweep project as proposed by the Passaic Enterprise Zone Development Corporation resolution providing for the use of $257,876 of funds for calendar year 2018. CITY OF PASSAIC RESOLUTION # 19-02-043 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A PARTNERSHIP AGREEMENT WITH THE GOVERNOR’S HISPANIC FELLOWS PROGRAM FOR THE SUMMER OF 2019 WHEREAS, the Governor’s Hispanic Fellows Program provides opportunities for some of New Jersey’s best and brightest young people in the Hispanic community to gain valuable hands-on experience in state and local government through a summer internship program; and WHEREAS, the City of Passaic wishes to enter into the attached Partnership Agreement with the Governor’s Hispanic Fellows Program, under which the Governor’s Hispanic Fellows Program will provide the City of Passaic interns from June 3, 2019 to July 26, 2019; and WHEREAS, the attached Memorandum of Understanding has been reviewed and approved by the City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that City of Passaic is hereby authorized to enter into the attached Partnership Agreement with the Governor’s Hispanic Fellows Program, subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Personnel Office are hereby authorized and directed to execute the Partnership Agreement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION #19-02-044 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 2179, LOT 26 (170 MYRTLE AVENUE) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION 16 Passaic City Council February 5, 2019 Minutes 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 2179, Lot 26, more commonly known as 170 Myrtle 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 2179, Lot 26 (170 Myrtle Avenue), as an Area in Need of Redevelopment/Rehabilitation. CITY OF PASSAIC RESOLUTION NO. 19-02-045 RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN THE CITY OF PASSAIC AND THE CITY OF CLIFTON FOR THE PROVISION OF HEALTH OFFICER SERVICES, HEALTH EDUCATION AND GRANT OVERSIGHT 2019 WHEREAS, the City of Passaic and the City of Clifton wish to enter into a Shared Services Agreement for the provision of Health Officer, Health Education and Grant oversight services pursuant to N.J.S.A. 40A:65-1, et seq., and WHEREAS, the City of Clifton has agreed to provide the City of Passaic with Health Officer, Health Education and Grant oversight services as set forth in the attached Shared Services Agreement for a period from January 1, 2019 through December 31, 2019; and 17 Passaic City Council February 5, 2019 Minutes WHEREAS, the City of Passaic agrees to pay the City of Clifton the amount of $65,000.00 for the cost of the services provided under the Shared Services Agreement; which includes five (5) hours of administrative oversight per week for Health Officer and three and a half (3 ½) hours per week for Health Education and Grant oversight and an additional fee of $61.86 per hour for special appearance at any public meeting; and WHEREAS, the City of Clifton has also adopted a Resolution authorizing its participation in this Shared Services Agreement. 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 shared Services Agreement with the City of Clifton for the provision of Health Officer, Health Education and Grant oversight services by the City of Clifton to the City of Passaic, and BE IT FURTHER RESOLVED that the Shared Services Agreement shall commence January 1, 2019 and continue through December 31, 2019; and BE IT FURTHER RESOLVED that the City of Passaic agrees to pay the City of Clifton the amount of $65,000.00 for the cost of the services provided under the Shared Services Agreement; which includes five (5) hours of administrative oversight per week for Health Officer and three and a half (3 ½) hours per week for Health Education and Grant oversight and an additional fee of $61.86 per hour for special appearance at any public meeting; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the attached Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this Resolution shall be forwarded to the City of Clifton to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this Resolution shall also be forwarded to the Department of Community Affairs as may be required. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Melo the PAYMENT OF BILLS was accepted and approved 18 Passaic City Council February 5, 2019 Minutes ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia MAYOR’S REPORT Mayor Hector C. Lora informed the city council of the ribbon cutting ceremony of Casa Bell on February 11, 2019. THE FOLLOWING RESOLUTION WAS ADOPTED: On a motion by Council Member Munk and seconded by Council Member Love the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. _18-02-046 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON FEBRUARY 19, 2019 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS RE: Privileged Communication WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exits: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 2. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations 3. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 4. This Resolution shall take effect immediately. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia 19 Passaic City Council February 5, 2019 Minutes Upon motion made by Council Member Love and seconded by Council Member Melo the council reconvened open session. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia Council Member Patel stepped down from the dais. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Melo the meeting was adjourned at 9:00 p.m. ROLL CALL AYES: Munk, Love, Melo, Schwartz, CP Schaer ABSENT: Garcia, Patel ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President 20