City Council

City of Passaic New Jersey Passaic City Council March 19, 2019 Minutes WORK-SESSION WAS HELD ON TUESDAY, MARCH 19, 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, MARCH 19, 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: Patel, Schwartz, Garcia, CP Schaer ABSENT: Melo, Munk, Love 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 Love took his seat on the dais Councilwoman Melo took her 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, MARCH 19, 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: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk 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 March 19, 2019 Minutes PROCLAMATION/RECOGNITIONS: Mayor Hector C. Lora presented proclamations to the following, followed by comments from the City Council members: • Jaqueline Cruz, Data Entry Operator, Housing Division • Kimberly Perez, Data Entry Operator, Department of Personnel • Wendy Salas, PT Data Entry Operator, Department of Personnel • Certified Angels Council President Schaer called for a five-minute recess at 7:28 p.m. Upon motion made by Council Member Schwartz and seconded by Council Member Garcia the meeting was reconvened at 7:33 p.m. ROLL CALL AYES: Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk, Love Council Member Love took his seat on the dais. MINUTES Council Meeting Minutes for March 5, 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: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk GREEN ACRES PUBLIC HEARING: The Mayor and City Council of the City of Passaic will hold a public hearing on March 19, 2019 at 7:00 P.M. during the regularly scheduled City Council meeting. The purpose of the hearing is to obtain public comment on a grant application to be submitted by the City of Passaic to the New Jersey Department of Environmental Protection’s Green Acres Local Government Stewardship Application Program. This application proposes potential park improvements at multiple open space locations in the City. The meeting will take place in City Hall Council Chambers, located at 330 Passaic Street, Passaic, NJ 07055. The City of Passaic Administration will make a brief presentation followed by a question-and-answer period. All residents are encouraged to attend and participate. 2 Passaic City Council March 19, 2019 Minutes Upon motion made by Council Member Garcia and seconded by Council Member Love the Green Acres Public Hearing was opened. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk Steve Siklosi, 23 Orchard Street • What will this grant entail? How much money will be allocated for each park? • What repairs and/or improvements will be done to each park? • What is the total cost of the entire project? • What happens if there is any left over money if any; can it be transferred to use for a different park? Clayton Barker, 35 Herbert Terrace, West Orange • Will this funding be open to the public or is it only for City of Passaic residents? • In Dundee Island Park, since the city if going to install a rubber-walking track, can the city consider installing exercise equipment also? Joe Conoscenti, 170 Broadway • Pulaski Park’s baseball field fence and water fountain are in need of repair. • In Third Ward Park, the tree stumps need to be removed, the grass and weeds near the Broadway side of the park need to be cut. • There is a swamp in the park near Howard Avenue, can that be corrected? • The tennis courts are in need of repairs. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the Public Space Hearing was closed. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ------------------------------------------------------------ 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 3 Passaic City Council March 19, 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 Azaya Clifton, Executive Director, of United Passaic Organization • CD application for homeless program, United Passaic Organization is the designated cap program for the city of Passaic. He is hopeful and in need for a positive and prosperous relationship with Passaic Jaroslaw Jackiw, JJ, 266 Lafayette Avenue • Can you give the public background information on 3X LLC at 211 Main Avenue? How many cop properties are under this corporation for 2017, 2018, and 2019? • Can you give background information on 3x Gregory LLC at 188 Gregory Avenue? • Can you give background information on 3x 29 Broadway at 29 Broadway? • Who is the current owner of 403 XLL LLC properties within cop? • What is the total of property taxes paid by all 3X LLC in Passaic for CY2018? Steve Siklosi, 23 Orchard Street • Item #3 - has former DPW director Ted Evans situation been resolved? • Are there any other personnel actions that are ongoing? • Item #10 – what is budget breakdown for CY2019? • Item #15 – what is the current count of motorcycles in the police; what is the process to put the motorcycle into use? • Item #23 – what is current cost of library health care? Shannell Butler, 14 John Street • On January 25 she had a book signing scheduled in Passaic Library for her book, The Secret Life of Mrs. Thumble Berry. Her event was cancelled two days before the event; because of a criminal matter, they did not want her to come to the school. She was told that she should stop promoting until criminal matter is closed. Clayton Barker, 35 Herber Terrace, West Orange • Congratulates mayor for recognizing Passaic workers. • He hopes that Passaic residents will have a chance to take part in revitalization project; he hopes that regentrification will not happen in Passaic. Renee Briggs, 23 Aspen Place apt 3C • She thanked the city for a job well done on religion diversity program. • She thanked the mayor for Saturday’s church program honoring senior women at during Women’s history month. Joe Conoscenti, 170 Broadway • March 29, 2019 is National Vietnam War Veterans day – can DPW parks 4 Passaic City Council March 19, 2019 Minutes department improve area around Vietnam Memorial: paint rusty flagpole, add new lightbulb over flag, cut large trees blocking monument, before March 29, 2019? • 29 Broadway church will be converted to 8 apartments, will block 2150 lot 12, block 2150 lot 15 clarify correct lot • 92 Broadway gas station/auto repair/car lot rents spaces, 29 Broadway will rent 8 spaces from 92 Broadway – what is the correct lot number – block 2160 lot 36 or block 21 lot 32? • 653 at 667 Main avenue school 16, block 2149 lot 1 – no fire inspection reports After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo the following communication and petition was received placed on file and approval granted St. Nicholas R.C. Church, 153 Washington Place, submitting application to hold a Procession on April 19, 2019 from 10:00 a.m. to 12:30 p.m. The Procession will commence at 153 Washington Place travel to Columbia Avenue to Monroe Street to Hoover Avenue ending at 153 Washington Place. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk 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 Hon. Hector C. Lora, Mayor, submitting the following: • Memorandum reappointing Servando Fernandez, to the Urban Enterprise Zone Board, term to commence immediately and expire on February 28, 2022. • Memorandum reappointing Michael Kleeblatt to the Urban Enterprise Zone Board, term to commence immediately and expire on February 28, 2022. 5 Passaic City Council March 19, 2019 Minutes • Memorandum reappointing Sagar Mehta to the Urban Enterprise Zone Board, term to commence immediately and expire on February 28, 2022. • Proclamation “MARCH IS RED CROSS MONTH” • Proclamation “MARCH 17TH- MARCH 23RD AS NATIONAL POISON PREVENTION WEEK” • Proclamation – Reverend Ruby Nazareth • Proclamation - Mary A. Glover • Proclamation - Beatrice A. Williams Personnel Actions- February 2019 NJ Department of Environmental Protection submitting the following: • Suspected hazardous substance discharge notification NJDEP Case Number: 19-03-06-122-27 • Permit No. 1607-18-0001.2;WFD 180001, Waterfront Development Upland Individual Permit, Permittee: PSEG Passaic Board of Education, submitting notice of their March 11, 2019 Special Meeting. Eikon Planning and Design, LLC, submitting correspondence re: General Information Notice, Ferguson Fire and Fabrication Inc. INC, 151 Randolph Street (AKA 175-187 Randolph Street) Block3270/Lot29.01, Passaic, Passaic County Passaic Valley Water Commission, submitting the following: • Notice of their February 20, 2019 regular meeting. • Notice and Agenda of their February 20, 2019 meeting. North Jersey District Water Supply Commission, submitting the following: • Notice and Agenda of their February 22, 2019 meeting • Notice rescheduling their April 24, 2019 meeting to April 25, 2019 ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk BUDGET INTRODUCTION CY 2019 Council President Schaer read said Ordinance by title. 6 Passaic City Council March 19, 2019 Minutes CITY OF PASSAIC ORDINANCE NO._2199-19 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Governing Body of the City of Passaic, in the County of Passaic finds it advisable and necessary to increase its CY 2019 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Governing Body hereby determines that a 1.0 % increase in the budget for said year, amounting to $ 851,270 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Governing Body hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Governing Body of the City of Passaic, in the County of Passaic, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2019 budget year, the final appropriations of the City of Passaic shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $2,979,445, and that the CY 2019 municipal budget for the City of Passaic be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget 7 Passaic City Council March 19, 2019 Minutes shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Council Member Patel moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on April 23, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ------------------------------------------------------------ THE FOLLOWING ITEM WAS VOTED ON BY ONE MOTION On a motion by Council Member Schwartz and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-03-075 CALCULATION OF RESERVE FOR UNCOLLECTED TAXES WHEREAS, N.J.S.A. 40A:4-41 (c), provides alternate methods of calculating the budget appropriation for Reserve for Uncollected Taxes, and WHEREAS, one method permits the use of a three-year average, instead of using the prior year collection rate, and WHEREAS, the Governing Body of the City of Passaic believes it is in the best interest of the City to utilize a three-year average in calculating the CY 2019 budget appropriation for Reserve for Uncollected Taxes, and WHEREAS, the Chief Financial Officer of the City of East Orange has determined the three-year collection rate average is 98.83% based upon the following historical collection rates: CY 2018 98.38% 8 Passaic City Council March 19, 2019 Minutes CY 2017 99.05% SFY 2016 99.06% NOW, THEREFORE, BE IT RESOLVED, by the governing body of the City of Passaic that the three-year collection rate average of 98.83% be used to calculate the CY 2019 budget appropriation for Reserve for Uncollected Taxes. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services. Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 23, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ------------------------------------------------------------ THE FOLLOWING ITEM WAS VOTED ON BY ONE MOTION On a motion by Council Member Melo and seconded by Council Member Schwartz the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-03-076 RESOLUTION AUTHORIZING THE 2019 MUNICIPAL BUDGET TO BE READ BY TITLE ONLY WHEREAS, the Local Budget Law (N.J.S.A. 40A:4-5) allows the municipal budget to be read by title only at a public meeting of the Municipal Council. NOW, THEREFORE BE IT RESOLVED by the City Council o the City of Passaic, with no less than a majority of the full membership concurring that the 2019 municipal budget of the City of Passaic shall be ready by its title only; and BE IT FURTHER RESOLVED that three (3) certified copies of the budget, once approved, shall be transmitted to the Director of the Division of Local Government Services, three (3) days after approval; and 9 Passaic City Council March 19, 2019 Minutes BE IT FURTHER RESOLVED that the budget shall be advertised in accordance with N.J.S.A. 40A:4-6 and a public hearing be held prior to approval in accordance with N.J.S.A. 40A:4-8. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ------------------------------------------------------------ THE FOLLOWING ITEM WAS VOTED ON BY ONE MOTION On a motion by Council Member Schwartz and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-03-077 INTRODUCTION OF THE MUNICIPAL BUDGET CY 2019 BE IT RESOLVED Be it Resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2019; BE IT FURTHER RESOLVED, that said Budget be published in The Herald and News in the issue of April 10,2019. The Governing Body of the City of Passaic does hereby approve the following as the Budget for the year 2019: Council Member Melo moved for Hearing to be scheduled. Motion was seconded by Council Member Garcia the public hearing to be held on April 23, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON MARCH 19, 2019 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 10 Passaic City Council March 19, 2019 Minutes THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Patel and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-03-078 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 6-TON FALCON RME ASPHALT HOT PATCHER SLIP-IN UNIT WHEREAS, the City of Passaic wishes to purchase one (1) 6-ton Falcon RME Asphalt Hot Patcher Slip-in Unit; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under a Cooperative Pricing System without the necessity for public bidding; and WHEREAS, the truck is offered under Sourcewell Cooperative Purchasing #052417-FRM as follows: One (1) 6-ton Falcon RME Asphalt Hot Patcher Slip-In Unit $ 39,073.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Falcon Road Maintenance Equipment in the amount of $ 39,073.00 for One (1) 6-ton Falcon RME Asphalt Hot Patcher Slip-in Unit. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by Corporation Counsel. CERTIFICATION OF FUNDS Funds for the above are available in Account #C-04-55-977-000-9VH --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-079 RESOLUTION AUTHORIZING APPLICATION TO AND ACCEPTANCE OF 2019 DISTRACTED DRIVING STATEWIDE CRACKDOWN GRANT WHEREAS, the City of Passaic has received notice from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Highway Traffic Safety, 11 Passaic City Council March 19, 2019 Minutes regarding a grant for the 2019 Distracted Driving Crackdown Grant Program; and WHEREAS, overtime enforcement grant funding may be utilized during the Distracted Driving 2019 Statewide Crackdown for law enforcement personnel costs; and WHEREAS, the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Highway Traffic Safety has approved of the City’s application for grant funds available under the 2019 Distracted Driving Crackdown Program. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to apply and accept a grant award from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Highway Traffic Safety for law enforcement personnel costs pursuant to the 2019 Distracted Driving Crackdown Grant Program; and BE IT FURTHER RESOLVED that the Passaic Police Department, Mayor and City Clerk are hereby authorized to take all necessary action to apply and accept the 2019 grant funds from the State of New Jersey. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-080 RESOLUTION AUTHORIZING APPLICATION TO AND ACCEPTANCE OF 2019 SCOTTS FIELD REFURBISHMENT GRANT PROGRAM THROUGH THE MAJOR LEAGUE BASEBALL ASSOCIATION WHEREAS, the City of Passaic has received notice from the Major League Baseball Association, regarding a grant for the 2019 Scotts Field Refurbishment Grant Program; and WHEREAS, the Major League Baseball Association 2019 Scotts Field Refurbishment Grant Program has approved of the City’s application for grant funds available under the 2019 Scotts Field Refurbishment Grant Program. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to apply and accept a grant award from the Major League Baseball Association for renovations to existing ballfields; and 12 Passaic City Council March 19, 2019 Minutes BE IT FURTHER RESOLVED that the Passaic Recreation Department, Mayor and City Clerk are hereby authorized to take all necessary action to apply and accept the 2019 grant funds from the Major League Baseball Association. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-081 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A 2012 HARLEY DAVIDSON POLICE MOTORCYCLE FROM THE PASSAIC COUNTY SHERIFF’S DEPARTMENT WHEREAS, the City of Passaic Police Department seeks to acquire a 2012 Harley Davidson Motorcycle Road King Model FHP1, VIN Number 1HD1FHD12B676963 (Police Motorcycle) from the Passaic County Sheriff’s Department; and WHEREAS, on February 26, 2019, the Passaic County Board of Chosen Freeholders adopted a Resolution authorizing the transfer of said Police Motorcycle to the City of Passaic Police Department; and WHEREAS, pursuant to N.J.S.A. 40A:11-36(2), a contracting unit may dispose of personal property no longer needed for public use without public bidding when the sale is made to another government unit; and WHEREAS, N.J.S.A. 40A:11-5(2) further exempts a purchase from public bidding where such contract is to be made or entered into with the United States of America, the State of New Jersey, county or municipality or any board, body, officer, agency or authority thereof or any other state or subdivision thereof; and WHEREAS, pursuant to this transfer agreement the City of Passaic shall pay the nominal consideration of One Dollar ($1.00) to the County of Passaic to acquire said Police Motorcycle; and WHEREAS, the City Attorney has reviewed the correspondence from and Resolution adopted by the Passaic County Board of Chosen Freeholders attached hereto and approves of this transfer agreement, subject to the terms and conditions set forth therein. 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 a transfer agreement for the acquisition of a 2012 Harley Davidson Road King, Model FHP1, VIN Number 1HD1FHD12B676963 from the County of Passaic, for the nominal price of One Dollar ($1.00); and 13 Passaic City Council March 19, 2019 Minutes BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Chief of the Police Department of the City of Passaic are hereby authorized and directed to execute any and all documents necessary to effectuate the purpose of this Resolution. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-082 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office has received an overpayment on the below mentioned property from the home owners; WHEREAS, the property owners have submitted a written request to refund the overpaid amounts of $1,423.01 directly back 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) and for the Tax Collector to adjust her records accordingly: BLOCK/LOT/QUAL PROPERTY NAME YEAR AMOUNT 3213/57.73/C05G 180 Lafayette Ave Etkina Zinaida 2019 $1,423.01 Apt. 5G Passaic, NJ --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-083 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office has received an overpayment on the below mentioned property from the owner’s closing Title Company in the amount of $73.07; WHEREAS, Foundation Title Company have submitted a written request to refund the overpaid amounts of 73.07 directly back 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) to the closing title company and for the Tax Collector to adjust her records accordingly: 14 Passaic City Council March 19, 2019 Minutes BLOCK LOT PROPERTY NAME YEAR AMOUNT 3220 23 8 Wickham St. Foundation Title, LLC 2019 $73.07 214 Highway 18 3rd Floor New Brunswick, NJ 08816 --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-084 STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES ENABLING RESOLUTION WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition, development, and stewardship of lands for outdoor recreation and conservation purposes; and WHEREAS, the City of Passaic desires to further the public interest by obtaining funding in the amount of $1,773,452.74, in the form of a $1,773,452.74 matching grant from the State to fund the following project(s): Multi-Park Preservation and Revitalization Improvements at the cost of $2,364,603.66. NOW, THEREFORE, the City Council of the City of Passaic resolves that Ricardo Fernandez or the successor to the office of Business Administrator is hereby authorized to: (a) make application for such a loan and/or such a grant, (b) provide additional application information and furnish such documents as may be required, and (c) act as the authorized correspondent of the above-named applicant; and WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above-named project. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE City Council of the City of Passaic; 1. That the Business Administrator of the above-named body or board is hereby authorized to execute an agreement and any 15 Passaic City Council March 19, 2019 Minutes amendment thereto with the State known as the City of Passaic Multi-Park Preservation and Revitalization Improvement Project; 2. That the applicant has its matching share of the project, if a match is required, in the amount of $591,150.92; 3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; 4. That the applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; and 5. That this resolution shall take effect immediately. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-085 RESOLUTION RE-APPOINTING MEMBERS TO THE PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION BOARD OF TRUSTEES WHEREAS, the Mayor appoints and re-appoints members to the Passaic Enterprise Zone Development Corporation (PEZDC) Board of Trustees with the advise and consent of the Council; and WHEREAS, the Mayor proposes to re-appoint the following Members: Name Address Term Expires Michael Kleeblat 245 Fourth Street Passaic, NJ 2/28/22 Servando Fernandez 295 Lexington Avenue, Passaic, NJ 2/28/22 Sagar Mehta 66 Olympia Blvd, Paramus 2/28/22 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the re-appointments made by the Mayor as listed in this resolution --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-086 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT AWARD FROM THE HUDSON RIVER FOUNDATION FOR SCIENCE AND ENVIRONMENTAL RESEARCH, INC. FOR THE NEW YORK-NEW JERSEY HARBOR & ESTUARY PROGRAM WHEREAS, the City of Passaic has been notified by the Hudson River Foundation for Science and Environmental Research, Inc. (Hudson River Foundation), a non-profit organization, of its eligibility to be awarded grant funds from the New York-New Jersey Harbor & Estuary Program; and 16 Passaic City Council March 19, 2019 Minutes WHEREAS, the mission of the Hudson River Foundation, Inc. is to support scientific and public policy research, education, and projects that enhance public access to the Hudson River and its watershed; and WHEREAS, the grant award shall support the City of Passaic Recreation Department in fostering stewardship within the community in and around Dundee Island Park and shall be utilized to assist the Recreation Department in directly producing environmental programs out of Dundee Island Park in time for its redevelopment, while encouraging a connection between residents and the Park as well as their waterways; and WHEREAS, the City of Passaic seeks to enter into the attached proposal and agreement with the Hudson River Foundation for acceptance of a grant award in the amount of $10,000.00, subject to the terms set forth therein. 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 proposal and grant award agreement with the Hudson River Foundation for Science and Environmental Research, Inc., a non-profit organization, for a grant in the amount of $10,000.00. BE IT FURTHER RESOLVED that the Mayor, Recreation Department, and City Clerk are hereby authorized to execute any documents necessary to effectuate this Resolution. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-087 RESOLUTION IN SUPPORT OF AN ACCURATE 2020 CENSUS CITY OF PASSAIC WHEREAS, the United States Constitution mandates a comprehensive, direct count of every United States resident once every ten years so that seats in the United States House of Representatives may be reapportioned among the states to continuously ensure equal representation to every person; and WHEREAS, decennial census data are used for redistricting at all levels of government to ensure that all Americans can have a fair opportunity to make their voices heard in our democracy; and WHEREAS, decennial census data determine the allocation of federal funding among the states; and state funding to localities 17 Passaic City Council March 19, 2019 Minutes to conduct sound state and local planning, and to drive and inform economic development; and WHEREAS, decennial censuses have historically undercounted population groups that account for significant percentages of the City of Passaic’s residents, including people of color, children under age 5, immigrants, and homeless people; and WHEREAS, in 2015 alone, New Jersey received well over $17 billion from the federal government for Medicare, Medicaid, highway planning and construction, food stamps, and childhood education; and WHEREAS, in slightly over a year, the 2020 Census will be fully underway, with a Census Day of April 1, 2020, and the success of the 2020 Census will require that the federal government effectively manage its largest and most complex peacetime mobilization of people and resources; and WHEREAS, to ensure the success of the 2020 Census, the Census Bureau must earn the American people’s confidence in its singular commitment to its nonpartisan statistical mission, and in its ability to protect the confidentiality of their responses; and WHEREAS, the inclusion of a controversial citizenship question threatens to result in a significant census undercount, particularly among traditionally hard-to-count individuals, including people of color, children, lower income persons, those with limited English proficiency, immigrants, homeless persons, and those with severe distrust of the government; this question was struck down by a lower court and will likely be appealed by the current White House administration; and WHEREAS, the Census Bureau’s plans call for the 2020 decennial census to be conducted using methods and approaches that are significantly different than those used to collect decennial Census data during previous cycles (such as the Internet and telephone); and WHEREAS, the Census Bureau will collect decennial census responses through the Internet for the first time in 2020, and will reduce its field presence and hiring in favor of relying upon administrative records to enumerate non-responding households; and WHEREAS, the current New Jersey allocation in the FY19 budget for Census 2020 outreach is $500,000.00, which is roughly only $0.05 (five cents) per resident, while an increase of at least 18 Passaic City Council March 19, 2019 Minutes $9 million would enable a more intense outreach program to our hard-to-count communities; and WHEREAS, a full and accurate Census 2020 count of every person residing in the City of Passaic will promote the well-being and prosperity of the City of Passaic, and help ensure its residents have a fair voice in our democracy; and WHEREAS, the City of Passaic stands ready and intends to work with the United States Census Bureau and other policymakers and stakeholders to secure a full, fair, and accurate count of every person residing in the City of Passaic, the State of New Jersey, and the nation. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of Passaic that: 1. The City of Passaic expresses its strong support for providing sufficient Congressional appropriations for FY2019 to conduct a sound and accurate Census in 2020; and 2. The City of Passaic expresses its strong support for providing sufficient New Jersey appropriations for FY2019-2020: $9 million, approximately $1 per resident, to conduct a thorough Census 2020 outreach program; and 3. The City of Passaic urges the Census Bureau to use methods and approaches that enumerate all residents of the City of Passaic, especially historically undercounted population groups. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION # 19-03-088 RESOLUTION AUTHORIZING A REDUCTION OF CITY OF PASSAIC DISCRETIONARY FUNDING TO THE FREE PUBLIC LIBRARY FOR THE CITY OF PASSAIC WHEREAS, N.J.S.A. 40:54-1, et seq. and N.J.AC. 15:21-12, et seq. set forth the general laws and regulations (laws and regulations) that govern free public libraries within the State of New Jersey; and WHEREAS, said laws and regulations require a municipality to provide mandatory appropriations to a municipal free public library; and 19 Passaic City Council March 19, 2019 Minutes WHEREAS, according to said laws and regulations annual mandatory library appropriations must be a sum equal to one-third of a mill on every dollar of taxable value of each property within a municipality based upon the equalized valuation of such property certified by the Director of Taxation; and WHEREAS, the funds raised pursuant to the laws and regulations are to be utilized by the library for eligible costs incurred in connection with the direction operation of a free public library, including but not limited to, salaries, wages and benefits for library personnel; and WHEREAS, in addition to the funding required by the State laws and regulations, the Mayor and City Council for the City of Passaic has in its discretion, provided substantial, additional annual funding to the Free Public Library for the City of Passaic; and WHEREAS, said additional discretionary funding provided by the City of Passaic above and beyond the requirements of the State laws and regulations has historically been used by the Library to pay health benefits to its employees; and WHEREAS, the State laws and regulations provide that health care benefits for library personnel are eligible costs which are to be paid by and through the annual mandatory library appropriation; and WHEREAS, the Mayor and City Council for the City of Passaic agree to continue to provide discretionary funding in addition to the annual mandatory library appropriation, but due to budgetary constraints further agree to reduce such discretionary funding by twenty-percent (20%) for the year 2019 and an additional twenty-percent (20%) each subsequent year for the following four years, so that by the year 2023 the Free Public Library for the City of Passaic shall be funded entirely by the annual mandatory library appropriation required by State laws and regulations; and WHEREAS, by way of this Resolution the City of Passaic is not seeking any reduction of the required annual mandatory library appropriation. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council for the City of Passaic that the City shall continue to provide additional funding to the Free Public Library for the City of Passaic to supplement the annual mandatory library appropriation required by State law, but shall reduce such discretionary funding by twenty-percent (20%) for the year 2019 and an additional twenty-percent (20%) each subsequent year for the following four 20 Passaic City Council March 19, 2019 Minutes years, so that by the year 2023, the Free Public Library for the City of Passaic shall be funded entirely by the annual mandatory library appropriation; and BE IT FURTHER RESOLVED that the City of Passaic shall not seek reduction of the required annual mandatory library appropriation. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2200-19 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 421 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 417 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 # 138 Burgess Place South Beginning at a point 170 feet H55FRG west of the westerly 21 Passaic City Council March 19, 2019 Minutes curbline of Myrtle Avenue and extending to a point 20 feet westerly therefrom 121 Gregory Avenue North (Pennington Avenue) F76KEX Beginning at a point 35 feet west of the westerly curbline of Gregory Avenue and extending to a point 2 feet westerly therefrom 57 Hamilton Avenue West Beginning at a point 58 feet F75DFA south of the southerly curbline of Madison Street and extending to a point 16 feet southerly therefrom 306 Harrison Street North Beginning at a point 271 feet UNR31M west of the westerly curbline of Lexington Avenue and extending to a point 22 feet westerly therefrom 22 Jackson Street North Beginning at a point 300 feet UTN56A west of the westerly curbline of Parker Avenue and extending to a point 20 feet westerly therefrom 14 Linden Street East Beginning at a point 178 feet V25KHM north of the northerly curbline of Broadway and extending to a point 20 feet northerly therefrom 69 Linden Street South Beginning at a point 170 feet 5311HC west of the westerly curbline of Howe Avenue and extending to a point 23 feet westerly therefrom 195 Market Street West Beginning at a point 76 feet C78DXS north of the northerly curbline of Monroe Street and extending to a point 22 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: 22 Passaic City Council March 19, 2019 Minutes ADDITION: NAME OF STREET SIDE LOCATION PLATE # 121 Gregory Avenue North (Pennington Avenue) B13KZX Beginning at a point 35 feet west of the westerly curbline of Gregory Avenue and extending to a point 23 feet westerly therefrom 57 Hamilton Avenue West Beginning at a point 58 feet R28KVA south of the southerly curbline of Madison Street and extending to a point 16 feet southerly therefrom 14 Linden Street East Beginning at a point 178 3387HF feet north of the northerly curbline of Broadway and extending to a point 20 feet northerly therefrom 69 Linden Street South Beginning at a point 170 C86KWY feet west of the westerly curbline of Howe Avenue and extending to a point 23 feet westerly therefrom Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 2, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk --------------------------------------------------------------- Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2201-19 ORDINANCE AMENDING CHAPTER 295-36 OF THE CITY CODE LOADING ZONES BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that: SECTION I 23 Passaic City Council March 19, 2019 Minutes Chapter 295 of the Code of the City of Passaic be amended by the deletion of the following descriptions of loading zone location: NAME OF STREET SIDE LOCATION 34 Leonard Place East Beginning at a point 150 feet south of the southerly curbline of Monroe Street St. and extending to a point 50 feet southerly therefrom SECTION II BE IT FURTHER ORDAINED that the list set forth in the City Code of the City of Passaic, Chapter 295-36 shall be revised to remove the loading zone location referenced in this Ordinance. SECTION III This Ordinance shall take effect based upon the provisions of law regarding final passage and required publication. SECTION IV All ordinances or resolutions or parts of ordinances or resolutions inconsistent herewith are repealed as to such inconsistency only. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schwartz the public hearing be held on April 2, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk --------------------------------------------------------------- Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2202-19 ORDINANCE AUTHORIZING A SHORT-TERM TAX EXEMPTION FOR PROPERTY IDENITIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 2150, LOT 12 (29 BROADWAY) PASSAIC, NEW JERSEY 24 Passaic City Council March 19, 2019 Minutes WHEREAS, 3X 29 Broadway, LLC (the “Entity”) proposes to construct a redevelopment/rehabilitation project (the “Project”) within the City of Passaic (the “City”), on the site located at Block 2150, Lot 12 on the Official Tax Map of the City of Passaic and commonly known as 29 Broadway, Passaic, New Jersey (the “Project Site”); and WHEREAS, pursuant to Resolution adopted on June 13, 2018, the Planning Board for the City of Passaic (Planning Board) conducted a study and recommended that the Project Site should be designated an Area in Need of Redevelopment/Rehabilitation and proposed a Redevelopment/Rehabilitation Plan for the Project Site for the City Council’s consideration; and WHEREAS, by Ordinance adopted by the City Council on October 4, 2018, the recommendation of the Planning Board was accepted, and the proposed Redevelopment/Rehabilitation Plan for the Project Site was approved; WHEREAS, the City desires to provide for real estate tax incentives for redevelopment/rehabilitation of the Project Site; and WHEREAS, N.J.S.A. 40A:21-1 et seq. provides for the exemption of assessments for five (5) years following completion of a project as defined in the statute and the exemption or abatement of property taxes for new construction for a five (5)-year period following completion of the project as defined in the statue. WHEREAS, the City Council has determined that the Project represents an undertaking permitted by N.J.S.A. 40A:21-1, et seq., and has further determined that the Project is an improvement made for the purposes of clearance, replanning, development, or redevelopment/rehabilitation of an area in need of redevelopment/rehabilitation within the City; and WHEREAS, the City Council has determined that the Project would not have been constructed without a tax emption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASSAIC that an exemption from taxation as set forth in above is hereby granted to 3X 29 Broadway, LLC, with respect to the Project on the Project Site for the term set forth in the Financial Agreement; provided that the tax exemption shall not exceed a period of five (5) years and only so long as the Entity remains subject to and complies with N.J.S.A. 40A:21-1, et seq., applicable City of Passaic Municipal Code Provisions, and any other agreement related to the Project or the Property; and be it 25 Passaic City Council March 19, 2019 Minutes BE IT FURTHER RESOLVED that the Mayor, Clerk, and Tax Assessor are hereby authorized and directed to execute all necessary documents with the Entity regarding said tax exemption, copies of which shall be kept on file in the Office of the City Clerk; and be it FURTHER RESOLVED that the Project shall conform with all Federal and State law and ordinances and regulations of the City relating to its construction and use; and be it FURTHER RESOLVED that if any section of provision of this Ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this Ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schwartz the public hearing be held on April 2, 2019. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Garcia the PAYMENT OF BILLS was accepted and approved ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk Council President thanked the administration and the ad-hoc committee for doing a great job with the budget. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Garcia the meeting was adjourned at 8:51 p.m. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk 26 Passaic City Council March 19, 2019 Minutes ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President 27