City Council

City of Passaic New Jersey Passaic City Council April 2, 2019 Minutes WORK-SESSION WAS HELD ON THURSDAY, APRIL 2, 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 THURSDAY, APRIL 2, 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, Garcia, CP Schaer ABSENT: Love Munk, Schwartz, 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. After a discussion on the agenda items, the Council went into Regular Meeting at 7:00 p.m. ROLL CALL AYES: Munk, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Love PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON THURSDAY, APRIL 2, 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, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Love 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 April 2, 2019 Minutes Council Member Love took his seat on the dais at 7:04 pm. PROCLAMATION/RECOGNITIONS: Mayor Hector C. Lora presented proclamations to the following, followed by comments from the City Council members: • John Walentowicz Proclamation • March is Red Cross Month Proclamation Council President Schaer called for a five-minute recess at 7:23 p.m. Upon motion made by Council Member Love and seconded by Council Member Melo the meeting was reconvened at 7:29 p.m. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: DISCUSSIONS: • The discussion on the Main Avenue Project was held during the work session. MINUTES Council Meeting Minutes for March 19, 2019, submitted for approval. Upon motion made by Council Member Patel and seconded by Council Member Love the aforementioned meeting minutes were approved. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ 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 2 Passaic City Council April 2, 2019 Minutes 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 Joe Conoscenti, 170 Broadway • Happy 146th birthday to City of Passaic. • March 29, 2019 was National Vietnam War Veterans day – none of the cleanup work was done at Memorial Park. • He has not received State of New Jersey Uniform Crime reports for Passaic from 12/2018, 1/2019, 2/2019, 3/2019. • Substation at 41 Myrtle Ave – why is the car 76 still sitting after 3 months? • Regarding the measles outbreak in Rockland county – can Passaic inform public on dangers of measles and the benefit of vaccination? • April 6, 2019 had a smoke alarm drive from state of NJ Department of Community Affairs and had smoke alarm with 10-year sealed built in battery which is better than cheaper versions. Jaroslaw Jackiw, JJ, 266 Lafayette Avenue • Uniform crime report – we have not had a report since 11/2018. Harry Rhodes, 23 Blanch Street • He thanks the Council and the Mayor for contributions to the football dinner. • Basketball program last weekend – 3 championships - 5th grade and 6th grade won, 7th grade level lost game. • He wants to make clear that he is there for the kids playing football, regardless of personal reasons. He wants everyone to try to work together on behalf of the kids. After ample opportunity given and no one else responding on a motion by Council Member Munk and seconded by Council Member Love 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 April 2, 2019 Minutes ORDINANCE NO. 2200-19 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 Patel, 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: After ample opportunity given and no one else responding, on a motion by Council Member Munk 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 Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ Council President Schaer called up for the second and final reading Ordinance entitled: ORDINANCE NO. 2201-19 ORDINANCE AMENDING CHAPTER 295-36 OF THE CITY CODE LOADING ZONES 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, Garcia, CP Schaer ABSENT: 4 Passaic City Council April 2, 2019 Minutes After ample opportunity given and no one else responding, on a motion by Council Member Munk 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 Melo moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Patel and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ Council President Schaer called up for the second and final reading Ordinance entitled: ORDINANCE NO. 2202-19 ORDINANCE AUTHORIZING A SHORT-TERM TAX EXEMPTION FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 2150, LOT 12 (29 BROADWAY) PASSAIC, NEW JERSEY Council Member Patel 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: Conoscenti, 170 Broadway • He questioned why the block and lot numbers keep changing; Block 2150 Lot 12 is a church that will change to Block 2150 Lot 15, an apartment building in the CR zone; why is tax exemption under Block 2150 Lot 15 instead of Block 2150 Lot 12? After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer 5 Passaic City Council April 2, 2019 Minutes ABSENT: Council Member Melo moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Patel 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 Schwartz and seconded by Council Member Patel the following communications and petitions were received placed on file and approval granted City of Passaic Department of Recreation, submitting the following applications: • Community Hero’s Park Clean- Up, in Veteran Memorial Park, on April 27, 2019 from 9:00 a.m. to 12:00 p.m. • Fitness in the Park, in Christopher Columbus Park, on July 10, 2019; July 24, 2019; August 7, 2019; from 6:00 p.m. to 7:00 p.m. Rain date: August 21, 2019 and in Third Ward Park, on July 17, 2019; July 31, 2019; August 14, 2019; from 6:00 p.m. to 7:00 p.m. Rain Date: August 28, 2019 • Mother’s Day Gardening, in Veteran Memorial Third Ward Park and Robert Strone Memorial Park, on May 19, 2019 from 10:00 a.m. to 2:00 p.m. • Movies in the Park, Columbus Park, on July 9, 2019; July 23, 2019 from 7:45 p.m. to 10:30 p.m.; Rain date: August 20, 2019; and at Passaic City Hall on August 6, 2019; from 7:45 p.m. to 10:30 p.m.; and in Third Ward Park, on July 16, 2019; July 30, 2019; August 13, 2019; from 7:45 p.m. to 10:30 p.m. Rain date August 27, 2019 • Tree Fishing Event, at Hughes Lake on June 8, 2019 from 10:00 a.m. to 12:00 p.m. Philippine Day Organization, P.O. Box 1954, Passaic, submitting application to hold their Annual Festival in Third Ward Park on June 9, 2019 from 10:00 a.m. to 7:00 p.m. My Face (NFFR), 333 E30th Street, NY, submitting application to hold a Charity Awareness Walk and Carnival Games In third Ward Park on May 19, 2019 from 9:00 a.m. to 2:00 p.m. St. Mary’s Assumption R.C. Church, 63 Monroe Street, submitting application to hold a Procession on April 19, 2019 from 1:00 p.m. to 2:30 p.m. The Procession will commence at 63 Monroe Street travel to Monroe Street to Third Street to Mercer Street to Fourth 6 Passaic City Council April 2, 2019 Minutes Street to Passaic Street to Market Street to Monroe Street ending at 63 Monroe Street. First Baptist Church, 150 Gregory Avenue, submitting application to hold a Religious Convention, in their church on May 4, 2019 from 8:00 a.m. to 3:00 p.m. Christian Int. Church, 99 Two Bridges, Lincoln Park, submitting Prayer Services in School No. 11 Parking Lot, on June 22, 2019 from 1:00 p.m. to 6:00 p.m. (Rain Date July 6, 2019) ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: 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 Melo and seconded by Council Member Patel the following communication and petition was received placed on file and approval granted Passaic Public School Board of Education submitting the following: • 2019-2020 School Tax Levy $16,818,577 ROLL CALL AYES: Munk, Melo, Patel, Schwartz, Garcia, CP Schaer ABSTAIN: Love ABSENT: 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 Melo and seconded by Council Member Patel the following communications and petitions were received placed on file and approval granted Alcohol Beverage Control Board, submitting the following: • Minutes of their March 13, 2019 meeting • Minutes of their January 16, 2019 meeting Parking Authority of the City of Passaic, submitting the following: • Agenda of their March 13, 2019 meeting • Minutes of their December 19, 2018 7 Passaic City Council April 2, 2019 Minutes • Minutes of their January 16, 2019 meeting John Dubyna submitting his letter of resignation from the City of Passaic Planning Board. NJ Department of Transportation submitting correspondence re: FY 2017 Municipal Aid Project Passaic Valley Water Commissioner, submitting the following: • Agenda of their March 20, 2019 meeting. • Notice of their April 17, 2019 meeting • Minutes of their February 20, 2019 meeting Advanced GeoServices, submitting correspondence re: Response Action Outcome- Unrestricted Use: Ethan Alan Realty LLC, 1 Market Street, Passaic, NJ North Jersey Water Supply Commission submitting the following: • Minutes of their January 23, 2019 meeting • Agenda of their March 27, 2019 meeting City of Passaic Planning Board, submitting the following: • Agenda of their March 27, 2019 meeting • Main Avenue Planning Work Shops City of Passaic Zoning Board of Adjustment, submitting the following: • Agenda of their March 12, 2019 meeting • Agenda of their March 26, 2019 meeting NJ Department of Environmental Protection submitting the following: • Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 19-03-21-1503-29 Passaic County Solid Waste and Recycling, submitting the following: • Correspondence re: 2019 Passaic County Solid Waste & Recycling Program Events ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: 8 Passaic City Council April 2, 2019 Minutes RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON APRIL 2, 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 Patel and seconded by Council Member Love the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-03-089 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 those judgments 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 and the Tax Collector to adjust her records accordingly; Name Block/Lot/Qual. Address Property Year Amount 2188/6 Ryan, William 222 Burgess Pl. 2016 $666.86 & Ryan, Anthony Passaic, NJ 2017 $690.42 87 Lake Drive E 2018 $712.40 Wayne, NJ Total Refund Due: $2,069.68 Payable To: Daniel G. Keough, Trustee For: Ryan, William & Anthony Daniel G. Keough, Esq. 783 Springfield Ave. Summit, NJ 07901 --------------------------------------------------------------- 9 Passaic City Council April 2, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-03-090 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 those judgments 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 and the Tax Collector to adjust her records accordingly; Name Block/Lot/Qual. Address Property Year Amount 3273/9 Krostek, Richard 352 Howe Ave. 2016 $319.96 11 Halsted Rd Passaic, NJ 2017 $331.26 Mendham, NJ 07945 2018 $341.81 Total Refund Due: $993.03 Payable To: Daniel G. Keough, Trustee For: Ryan, William & Anthony Daniel G. Keough, Esq. 783 Springfield Ave. Summit, NJ 07901 --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-091 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 those judgments 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 and the Tax Collector to adjust her 10 Passaic City Council April 2, 2019 Minutes records accordingly; Name Block/Lot/Qual. Address Property Year Amount 3273/9 Krostek, 13 Alfred St. 2016 $559.08 Richard & Virginia Passaic, NJ 2017 $578.84 11 Halsted Rd 2018 $597.26 Mendham, NJ 07945 Total Refund Due: $1,735.18 Payable To: Daniel G. Keough, Trustee For: Ryan, William & Anthony Daniel G. Keough, Esq. 783 Springfield Ave. Summit, NJ 07901 --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-03-092 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION/INSPECTION OF ROADWAY IMPROVEMENTS TO 6TH AVENUE AND MADISON STREET BETWEEN LEXINGTON AVENUE TO HOPE AVENUE WHEREAS, on September 17, 2018, the City Council of the City of Passaic adopted Resolution #18-09-301 (attached) approving a contract with Bright View Engineering for the Design and Construction Administration/Inspection for Roadway Improvements to 6th Avenue and Madison Street Between Lexington Avenue to Hope Avenue; and WHEREAS, the initial contract for these services was $17,400.00; and WHEREAS, additional design services were needed for the full intersection of Madison and Hope Avenue, including crosswalks and handicapped accessible ramps which were not included in the original scope of service; and WHEREAS, the additional design work will result in an increase to the contract of $ 3,500. NOW THEREFORE BE IT RESOLVED that the contract with Bright View Engineering shall be amended to increase the total contract amount to $ 20,900.00. 11 Passaic City Council April 2, 2019 Minutes BE IT FURTHER RESOLVED that the contract be amended to increase the total amount of this contract per resolution. CERTIFICATION OF FUNDS Funds for the above are available in Engineering, Account # 9-01-20-165-000-029. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION # 19-04-093 RESOLUTION AUTHORIZING A CHANGE ORDER TO DECREASE CONTRACT WITH YOUR WAY CONSTRUCTION HOWE AVENUE PHASE II SANITARY SEWER IMPROVEMENTS WHEREAS, on December 5, 2017, the City Council of the City of Passaic adopted Resolution #17-12-383 (attached) approving a contract with Your Way Construction in the amount of $ 253,925.20 for Howe Avenue Phase II Sanitary Sewer Improvements; and WHEREAS, this change order is necessary to decrease the contract as follows: Original Contract $ 253,925.20 Change Order #1 -decrease - 17,283.74 Total New Contract $ 236,641.46 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and Your Way Construction for Howe Avenue Phase II Sanitary Sewer Improvements is ratified and accepted, adjusting the contract to the revised total amount of $ 236,641.46. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change Order in a form approved by corporation counsel and that the Change Order be filed in the City Clerk’s Office. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION # 19-04-094 RESOLUTION AUTHORIZING A CHANGE ORDER TO DECREASE CONTRACT WITH YOUR WAY CONSTRUCTION IMPROVEMENTS TO JOHN STREET SANITARY SEWER IMPROVEMENTS 12 Passaic City Council April 2, 2019 Minutes WHEREAS, on August 8, 2017, the City Council of the City of Passaic adopted Resolution #17-08-235 (attached) approving a contract with Your Way Construction in the amount of $ 87,540.97 for Improvements to John Street Sanitary Sewer Improvements; and WHEREAS, on January 11, 2018, the City Council of the City of Passaic adopted Resolution #18-01-008 (attached) approving a change order for $ 11,195.00; and WHEREAS, this change order is necessary to decrease the contract as follows: Original Contract $ 87,540.97 Change Order #1 +11,195.00 Change Order #2 (decrease) - 3,316.19 Total New Contract $ 95,419.78 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and Your Way Construction for Improvements to John Street Sanitary Sewer is ratified and accepted, adjusting the contract to the revised total amount of $ 95,419.78. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change Order in a form approved by corporation counsel and that the Change Order be filed in the City Clerk’s Office. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION # 19-04-095 RESOLUTION TO AMEND THE 2018-2019 ACTION PLAN AN APPLICATION FOR FEDERAL ASSISTANCE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS WHEREAS, on April 10, 2018, the City Council of the City of Passaic adopted Resolution No. 18-04-128, RESOLUTION AUTHORIZING THE FILING OF THE CITY OF PASSAIC'S 2018-2019 ACTION PLAN and, WHEREAS, the adoption of this Resolution, approves all projects and activities contained therein and, WHEREAS, one of the 2018-2019 approved activities, FRONT STEPS RENOVATION OF THE BOYS & GIRLS CLUB, 14-20 Hudson Street” Passaic, NJ and, 13 Passaic City Council April 2, 2019 Minutes WHEREAS, the Department of Community Development has been contacted by the Boys & Girls Club requesting an amendment due to “urgent need”; advising that this past year, the facility was impacted considerably by the extensive rains which caused substantial flooding inside and outside the building and, WHEREAS, in order to mitigate this issue going forward and to ensure that the facility has the capacity to serve Passaic residents during emergencies, they are requesting that the funds formerly awarded to renovate the front steps, be redirected to provide for the purchase and installation of a facility generator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that Resolution No. 18-04-128, Resolution Authorizing the Filing of the City of Passaic's 2018-2019 Action Plan be amended as follows: “The purchase and installation of a New Generator will replace the previously approved project; Renovation of Front Steps. The 2018-2019 Award Amount remains the same, $30,000.00.” --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION #_19-04-096 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 1131.01, LOT 30 (620 MAIN 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 located at Block 1131.01, Lot 30, commonly known as 620 Main Avenue, in the City of Passaic 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 14 Passaic City Council April 2, 2019 Minutes 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 1131.01, Lot 30, (620 Main Avenue), as an Area in Need of Redevelopment/Rehabilitation. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION #_19-04-097 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 3220, LOT 29 (441-443 PAULISON 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 located at Block 3220, Lot 29, commonly known as 441-443 Paulison Avenue, in the City of Passaic 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. 15 Passaic City Council April 2, 2019 Minutes 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 3220, Lot 29, (441-443 Paulison Avenue), as an Area in Need of Redevelopment/Rehabilitation. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION #_19-04-098 RESOLUTION AUTHORIZING A DISABLED VETERANS PROPERTY TAX EXEMPTION FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 2183.01, LOT 12 (368 HIGHLAND AVENUE), PASSAIC, NEW JERSEY WHEREAS, under N.J.S.A. 54:4-3.30, et seq., 100% permanently and totally disabled war veterans or the unmarried surviving spouses of such disabled war veterans are granted a full property tax exemption on their dwelling house and the lot on which it is situated; and WHEREAS, to qualify for such exemption, the applicant must be an honorably discharged disabled veteran who had active service in time of war in the US Armed Forces; and WHEREAS, Minnie Hiller-Cousins is the owner of real property identified as Block 2183.01, Lot 12, on the Official Tax Map of the City of Passaic, known as 368 Highland Avenue; and WHEREAS, Ms. Hiller-Cousins served in the United States Army from May 12, 2004 to January 30, 2006, and October 1, 2008 to September 30, 2009, and received an honorable discharge; and WHEREAS, Ms. Hiller-Cousins was declared 100% permanently disabled by the United States Department of Veterans Affairs effective September 27, 2018; and WHEREAS, Ms. Hiller-Cousins has applied for property tax exemption pursuant to N.J.S.A. 54:4-3.30 for his dwelling house located at 368 Highland Avenue, Passaic, New Jersey. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the application for an exemption for property taxes filed by Minnie Hiller-Cousins, 368 Highland Avenue, Passaic, New Jersey is hereby granted and such real property is hereby deemed exempt as of September 27, 2018; and 16 Passaic City Council April 2, 2019 Minutes BE IT FURTHER RESOLVED that Ms. Hiller-Cousins shall be reimbursed for all property taxes paid to the City of Passaic from the effective date and is entitled to a refund in the amount of $2,979.30; and BE IT FURTHER RESOLVED that the Tax Assessor of the City of Passaic is hereby authorized and directed to undertake any and all other necessary actions to effectuate the above exemption. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION #19-04-099 RESOLUTION AUTHORIZING A DISABLED VETERANS PROPERTY TAX EXEMPTION FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 2203, LOT 38 (286 PAULISON AVENUE), PASSAIC, NEW JERSEY WHEREAS, under N.J.S.A. 54:4-3.30, et seq., 100% permanently and totally disabled war veterans or the unmarried surviving spouses of such disabled war veterans are granted a full property tax exemption on their dwelling house and the lot on which it is situated; and WHEREAS, to qualify for such exemption, the applicant must be an honorably discharged disabled veteran who had active service in time of war in the US Armed Forces; and WHEREAS, Justino La Costa is the owner of real property identified as Block 2203, Lot 38, on the Official Tax Map of the City of Passaic, known as 286 Paulison Avenue; and WHEREAS, Mr. La Costa served in the United States Army from June 6, 2004 to November 28, 2005, and received an honorable discharge; and WHEREAS, Mr. La Costa was declared 100% permanently disabled by the United States Department of Veterans Affairs effective January 16, 2018; and WHEREAS, Mr. La Costa has applied for property tax exemption pursuant to N.J.S.A. 54:4-3.30 for his dwelling house located at 286 Paulison Avenue, Passaic, New Jersey. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the application for an exemption for property taxes filed by Justino La Costa, 286 Paulison Avenue, Passaic, New Jersey is hereby granted and such real property is hereby deemed exempt as of January 16, 2018; and 17  Passaic City Council April 2, 2019 Minutes BE IT FURTHER RESOLVED that Mr. La Costa shall be reimbursed for all property taxes paid to the City of Passaic from the effective date and is entitled to a refund in the amount of $8,134.77; and BE IT FURTHER RESOLVED that the Tax Assessor of the City of Passaic is hereby authorized and directed to undertake any and all other necessary actions to effectuate the above exemption. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-04-100 RESOLUTION AUTHORIZING THE TRANSFER OF 2018-2019 CONTINGENCY FUNDS TO ACCOMMODATE THE 2019-2020 ACTION PLAN SUMMER CAMP PROGRAM REQUEST WHEREAS, the City of Passaic receives federal financial assistance each year under the Community Development Block Grant (CDBG), and we received such funding in the amount of $1,336,919.00 for the 2018-19 fiscal year which was approved by the City Council of the City of Passaic. WHEREAS $103,187.00, of the above allocation is set-aside in a “contingency” account to accommodate funding shortages for various reasons due to potential federal funding decreases;; and WHEREAS our upcoming 2019-2020 CDBG Action Plan allocation has been estimated to be the same as our 2018-2019 allocation ($1336, 919.00); and WHEREAS the distribution of anticipated 2019-2020 funding allowed for only $4,000.00 to be allocated to the City’s Summer Camp Program; NOW THEREFORE BE IT RESOLVED that the Department of Community Development requests the following transfer of funds to facilitate the 2019-2020 Action Plan Summer Camp Program request: 2018-2019 CDBG Grant Allocation Account Name City Account Number Total Amount Contingency Fund B-12-44-BG8-000-872 103,187.00 (*)Amount to be Transferred to 2019-2020 36,000.00 Summer Camp Program: Contingency Fund New Account Balance: 67,187.00 18  Passaic City Council April 2, 2019 Minutes (*) City Account Number for 2019-2020 Summer Camp Program Determined After HUD Approves the City’s 2019-2020 Annual Action Plan. --------------------------------------------------------------- CITY OF PASSAIC RESOLUTION NO. 19-04-101 RESOLUTION AUTHORIZING THE FILING OF THE CITY OF PASSAIC’S 2019 -2023 CONSOLIDATED PLAN AND THE 2019-2020 ACTION PLAN AN APPLICATION FOR FEDERAL ASSISTANCE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS WHEREAS, the City of Passaic is entitled to receive federal financial assistance under the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) for the Program Year 2019-2020, which begins July 1, 2019 and ends June 30, 2020; and WHEREAS, to secure continued financial assistance, it is necessary to file a Five-Year Consolidated Plan 2019-2023 that includes the corresponding One-Year Action Plan with the US Department of Housing and Urban Development (HUD); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that: 1. The Program Year 2019-2020 Action Plan and the 2019-2023 Consolidated Plan is hereby approved based upon the anticipated amount of $1,940,628.00, including an entitlement of 2. $1,336,919.00 under the CDBG Program and an entitlement of $603,709.00 under the HOME Investment Partnership Program. The attached budget is herein incorporated by reference as if fully made a part hereof. 3. The Mayor of the City of Passaic, as Certifying Officer, is hereby authorized as follows: (a) Should any comment received during the required public comment period concerning the Action Plan and Consolidated Plan submission so warrant, to request the City Council of the City of Passaic to modify any portion of the attached budget; and (b) To file the 2019-2020 Action Plan and the 2019-2023 Consolidated Plan submission with HUD; and (c) To serve as the authorized representative of the City of Passaic in connection with the application and to provide such additional information as may be required; and 19 Passaic City Council April 2, 2019 Minutes (d) To execute contracts with HUD allowing for the expenditure of said funds pursuant to the terms of said contract; and (e) To execute agreements with agencies indicated as recipients of the Consolidated Plan funds in the attached “Listing of Proposed Projects” for the purposes specified therein on forms to be approved by the Community Development Attorney; and (f) To execute agreements with eligible developers approved for assistance under the City’s New Construction HOME eligible activity in a form to be approved by the Community Development’s Attorney. The Secretary of Housing and Urban Development is hereby assured of full compliance by the City of Passaic. 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# 2203-19 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 Handicap 419 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 20 Passaic City Council April 2, 2019 Minutes 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 # 25 Ascension North Beginning at a point 73 HV4722 Street feet south of the southerly curbline of Orchard Street and extending to a point 20 feet southerly therefrom 175 Broadway South Beginning at a point 125 HX5617 feet west of the westerly curbline of Paulison Avenue and extending to a point 23 feet westerly therefrom 127 Columbia West Beginning at a point 106 N15EPN Avenue feet north of the northerly curbline of Rosz Place and extending to a point 21 feet northerly therefrom 360 Gregory Avenue North Beginning at a point 119 R47BHN feet east of the easterly curbline of Madison Street and extending to a point 22 feet easterly therefrom 80 Passaic Avenue South (Gregory Avenue) N49GPC Beginning at a point 83 feet west of the westerly curbline of Passaic Avenue and extending to a point 22 feet westerly therefrom 27 Spring Street East Beginning at a point 34 PFY22N feet north of the northerly curbline of Carlton Place and extending to a point 22 feet northerly therefrom SECTION 2 21 Passaic City Council April 2, 2019 Minutes 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 # 175 Broadway South Beginning at a point 125 1270HD feet west of the westerly curbline of Paulison Avenue and extending to a point 23 feet westerly therefrom 127 Columbia West Beginning at a point 106 N32KES Avenue feet north of the northerly curbline of Rosz Place and extending to a point 21 feet northerly therefrom 80 Passaic Avenue South (Gregory Avenue) W46LAP Beginning at a point 83 feet west of the westerly curbline of Passaic Avenue and extending to a point 22 feet westerly therefrom 27 Spring Street East Beginning at a point 34 7920HF feet north of the northerly curbline of Carlton Place and extending to a point 22 feet northerly therefrom Council Member Patel moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on April 23, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- 22  Passaic City Council April 2, 2019 Minutes Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO# 2204-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS WHEREAS the total number of restricted parking for use by Handicapped Persons as per last resolution was 29 Generic Handicapped Parking Spaces. WHEREAS the total number of restricted parking for use by Handicapped Persons as per this resolution is 28 Generic Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 (Part 2 - Art. XIII, Section 295-33) shall be amended as follows: SECTION 1 295-33 Article XIII: Restricted Parking for Handicapped Persons shall be amended by the deletion of the following: NAME OF STREET SIDE LOCATION 313 Broadway West (Aycrigg Avenue) Beginning at a point 51 feet west of the westerly curbline of Broadway and extending to a point 22 feet westerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Patel the public hearing be held on April 23, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- 23  Passaic City Council April 2, 2019 Minutes Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NUMBER 2205-19 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XII, “SCHEDULES,” SECTION 20.1 “SCHEDULE IIA: OFFICIAL PARKING WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations 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 persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article II, “Parking, Standing and Stopping,” Section 5, “Parking Prohibited During Certain Hours,” provides that “No person shall park a vehicle, unless it is an "official" government vehicle, between the hours specified in Schedule IIA (§ 295-21A) of any day upon any of the streets or parts of streets described in said Schedule IIA attached to and made a part of this chapter;” and WHEREAS, the Division of Engineering and Traffic Division of the Police Department have recommended, in the interest of public safety, that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” to amended to create Section 20.1, “Schedule IIA: Official Parking” which shall designate those areas whereat parking shall be limited to “official” government vehicles during certain hours. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” is hereby amended as follows: SECTION I In accordance with the provisions of § 295-5A, only “official” government vehicles shall be permitted to park between the hours specified upon any of the following streets or parts of street. NAME OF STREET SIDE HOURS/DAY LOCATION 41 Myrtle Avenue West At All Beginning at a point 104 feet Times south of the southerly curbline of Monroe Street and extending to a point 106 feet southerly therefrom 24 Passaic City Council April 2, 2019 Minutes SECTION III 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. SECTION IV All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. This ordinance shall take effect upon publication as provided by law. Council Member Patel 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: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO# 2206-19 AN ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” ARTICLE XII, “SCHEDULES” SECTION 20, “SCHEDULE I: PARKING PROHIBITED AT ALL TIMES” TO INCLUDE A PORTION OF MAIN AVENUE WHEREAS, pursuant to N.J.S.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 arid 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, Chapter 295 of the Code of the City of Passaic, "Vehicles and Traffic," Article XII, Section 20, "Schedule I: Parking Prohibited at All Times," provides the streets, or 25 Passaic City Council April 2, 2019 Minutes portions thereof, where no person shall park a vehicle at any time upon any of the following described streets or parts of streets in accordance with the provisions 295-4; and WHEREAS, in the interests of 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, the City of Passaic wishes to amend Section 20, "Schedule I: Parking Prohibited at All Times," to include a portion of Brook Avenue. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, that Chapter 295 of the Code of the City of Passaic, "Vehicles and Traffic," Article XII, " Parking Prohibited at All Times," Section 20, "Schedule I: Parking Prohibited at All Times," is hereby amended as follows: SECTION I 295-20 Schedule I: Parking Prohibited at All times. In accordance with the provisions of 295-4, no person shall park a vehicle at any time upon any of the following described streets or parts of streets: NAME OF STREET SIDE LOCATION Main Avenue South Beginning at a point 115 feet east of Howard Avenue extending to a point 65 feet easterly therefrom SECTION II This ordinance shall take effect upon final passage and publication as provided by law. Council Member Patel 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: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- Council President Schaer read said Ordinance by title. 26  Passaic City Council April 2, 2019 Minutes CITY OF PASSAIC ORDINANCE NUMBER 2207-19 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XII, “SCHEDULES,” SECTION 27 “SCHEDULE VIII: LEFT TURNS PROHIBITED” WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations 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 persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 27, “Schedule VIII: Left Turns Prohibited,” provides that in accordance with the provisions of §295-11, no person shall make a left turn at any of the locations set forth therein; and WHEREAS, the Division of Engineering and Traffic Division of the Police Department have determined that a left turn lane is presently allowed in the southbound lane of Dayton Avenue at the cross street of Monroe Street; and WHEREAS, the Division of Engineering and Traffic Division of the Police Department have recommended, in the interest of public safety, that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 27, “Schedule VIII: Left Turns Prohibited,” be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 27, “Schedule VIII: Left Turns Prohibited,” is hereby amended as follows: ALL DELETIONS ARE NOTED BELOW SECTION I §295-27 Schedule VIII: Left Turns Prohibited. In accordance with the provisions of § 295-11, no person shall make a left turn at any of the following locations: NAME OF STREET SIDE LOCATION Dayton Avenue South Monroe Street 27 Passaic City Council April 2, 2019 Minutes SECTION II 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. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love 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: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2208-19 ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PASSAIC, CHAPTER 29 “LAND DEVELOPMENT PROCEDURES,” TO CREATE ARTICLE VI, “PAYMENT IN LIEU OF PARKING” 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 of Passaic (“City”) is committed to finding innovative ways to facilitate the growth and progress of the community; and 28 Passaic City Council April 2, 2019 Minutes WHEREAS, the City has considered allowing developers to make a payment in lieu of parking (“PILOP”) to the City’s Parking Authority for projects the City Planning Board or Zoning Board of Adjustment determines to be acceptable, but which lack sufficient parking, and the City Planning Board or Zoning Board of Adjustment has determined that a variance is justified because the impact of the parking is not detrimental to the immediate area; and WHEREAS, permitting PILOP’s will create a mechanism for the Planning Board and Zoning Board of Adjustment to waive parking requirements without burdening resident taxpayers while maximizing potential development opportunities; and WHEREAS, permitting PILOP’s will provide potential additional benefits such as creating a level playing field for all developers, allowing for developer flexibility, providing a funding mechanism for public parking improvements and facilities, and creating greater parking for the public at large; and WHEREAS, having considered the benefits the City has determined that allowing PILOP’s for worthy projects is in the best interests of the City and its residents. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Passaic that City Code of the City of Passaic, Chapter 29 “Land Development Procedures” is hereby amended as follows: SECTION ONE ALL NEW SECTIONS ARE SET FORTH BELOW ARTICLE VI. PAYMENT IN LIEU OF PARKING §29-55 Purpose of parking improvement program. When the proposed construction and use of any new building or structure or the proposed enlargement or increase in the capacity of new use of any existing building or structure results in practical difficulty or undue hardship in complying with the off-street parking requirements of the City Zoning and Planning Ordinance, the Planning Board and/or Zoning Board of Adjustment, in its discretion, upon finding(s) that such difficulty or undue hardship exists, and if the applicant is otherwise in accord with the provisions of the Municipal Land Use Act, may permit the applicant to elect to contribute to the City's Parking Improvement Program (PIP) Trust Fund in lieu of providing the total number of parking spaces required by City ordinance. § 29-56 Areas eligible for participating in parking improvement program 29 Passaic City Council April 2, 2019 Minutes A. Pursuant to the duly adopted Master Plan for the City of Passaic, all areas and zones set forth therein are eligible for participation in parking improvement program. The City as a whole is in need of additional off-street parking and all areas and zones are adversely affected by the granting of parking waiver variances. Construction of additional off-street parking by the City will serve new and existing residents, and patrons and applicants requesting parking variances. B. Projects submitted to the Planning Board and/or the Zoning Board of Adjustment that are sited within all areas and zones set forth in the Master Plan for the City of Passaic will be eligible for participating in the parking improvement program. § 26-60 Number of parking spaces for which variance is requested. A. The Planning Board and/or Board of Adjustment, when reviewing an application for development which requests a parking space variance, shall determine the number of off- street parking spaces required for the application to conform to the requirements of the City zoning and planning ordinance, and then shall establish the number of parking spaces for which the applicant seeks a variance. B. The provisions of this section of the zoning and planning ordinance creating the parking improvement program shall not allow the waiver of required off-street parking spaces or facilities, where they can be installed by the applicant without undue difficulty or hardship, unless the approving authority, by resolution, agrees in its sole discretion that it has an excess supply of available on or off-street parking in the area of the development project. C. The contribution and payment of the PIP fee, in lieu of providing the required off-street parking spaces, shall only be made at the request of an applicant, who would otherwise be required to install off-street parking based upon the applicant's proposed use, and is unable to do so in accordance with the requirements of the zoning and planning ordinance. § 29-57 PIP fee for off-tract parking improvements. A. The applicant agrees, at its request, to be assessed a PIP fee for each parking space not otherwise provided by the applicant as required by the City zoning and planning ordinance. 30 Passaic City Council April 2, 2019 Minutes B. The City has determined 400 square feet to be the parking industry standard for a nine- foot-by-eighteen-foot parking stall, including drive aisles and other common areas associated with the development of a parking lot or parking garage. C. The PIP fee to be assessed by the City for each parking space for which the applicant seeks a waiver shall be calculated as follows, until otherwise amended or revised by ordinance: Affordable rental residential unit $2,500 Market rate rental residential unit $5,000 Commercial/retail/office lease unit $TBD For sale condominium unit $9,000 D. In addition to the per parking space PIP fee assessment, the applicant shall pay pursuant to N.J.S.A. 40:55-D-3.2 the reasonable fees assessed by the municipality or applicable land use board for review of the developer's application and supporting information as well as preparation of documents necessary to effectuate the purpose of this article, including but not limited to attorney review, parking consultant, engineering cost estimates and appraisal services. E. In the event that the applicant has provided the City with other payments, waived tax appeal rebates, deeded or contributed by nominal lease real property, constructed off-site improvements, constructed replacement parking facilities, etc., the City Council in its sole discretion may credit the applicant with the reasonable value of such payment, contribution and/or improvements toward the PILOP required. § 29-58 Payment of PIP fee by applicant. The timing of the PIP fee payment shall be in the discretion of the approving authority. Payment by the applicant of the PIP fee assessed may be imposed as follows: A. Upon the granting of the variance by the Planning Board or Board of Adjustment. B. In the case of a development project at the time that the applicant or the successor to the applicant's approvals secures their building permits. C. Over a term of years, in the event the PIP payment exceeds $250,000, to be authorized by resolution of the City Council. The payment term shall not be in excess of five years, payable in yearly installments, with legal interest. 31 Passaic City Council April 2, 2019 Minutes D. To secure payment of applicant's obligation to the PIP Trust Fund, a municipal assessment for a local improvement pursuant to N.J.S.A. 40:56 et seq. shall be placed upon applicant's real estate which was the subject of the parking variance. E. The provisions of N.J.S.A. 40:56 et seq. shall apply in the event of a default or late payment. § 29-59 Collection of PIP fee assessment. A. In the event that the Planning Board or Zoning Board of Adjustment approves by resolution payment of the PIP fee by installment, a real estate assessment shall be collected by the municipal tax assessor's office in the manner proscribed by statute and the funds so collected shall be turned over to the City Chief Financial Officer for deposit into the City's Parking Improvement Program Trust Fund. B. In the event that the applicant is directed by the Planning Board or Zoning Board of Adjustment to pay the PIP fee assessment in a single lump sum, the assessment shall be collected by the City Chief Financial Officer for deposit into the City's Parking Improvement Program Trust Fund. § 29-60 Deposit of PIP Fee Assessment. The City may apply to the State of New Jersey, Department of Community Affairs, Local Finance Board pursuant to administrative rule, for its approval and establishment of a dedicated and restricted trust fund for deposit of the PIP fees assessed by the authority pursuant to the parking space variance, as determined by the Planning Board or Zoning Board of Adjustment. § 29-61 Use of PIP Fee Assessment. The assessed fees collected and deposited into the Parking Improvement Program Trust Fund shall be dedicated to provide for: engineering and design; traffic and other feasibility studies; acquisition through purchase or condemnation; erection, construction of or installation of off-street parking facilities, parking structures, or equipment; and other associated parking project development costs. The expenditure of such funds for said purposes shall be made by the Business Administrator or his or her designee at the time and in the manner determined by the City to be in the best interests of the City in providing off-street parking. SECTION TWO If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or 32 Passaic City Council April 2, 2019 Minutes 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. SECTION THREE All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only. SECTION FOUR This ordinance shall take effect upon final adoption and publication in accordance with law. Council Member Love 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: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: --------------------------------------------------------------- Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2209-19 ORDINANCE APPROVING THE APPLICATION FOR A LONG-TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A FINANCIAL AGREEMENT WITH IDIL PASSAIC, LLC FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 4075.01, LOTS 2, 3, 35.01, 39-44, & 47, (26 JEFFERSON STREET) PASSAIC, NEW JERSEY WHEREAS, IDIL PASSAIC, LLC (the “Entity”) proposes to develop a warehouse/storage facility and logistics and distribution center (the “Project”) within the City of Passaic (the “City”), on the site located at Block 4075.01, Lots 2, 3, 35.01, 39-44, and 47 on the Official Tax Map of the City of Passaic and commonly known as 26 Jefferson Street, Passaic, New Jersey (the “Project Site”), located within the Eastside Redevelopment Zone; and WHEREAS, by the Resolution, the Passaic Redevelopment Agency (the “Agency”) designated the Entity the designated Redeveloper of the Project Site for the Project; and 33 Passaic City Council April 2, 2019 Minutes WHEREAS, on December 18, 2019, pursuant to an Ordinance adopted by the City Council for the City of Passaic, the Eastside Redevelopment Plan was amended to facilitate the redevelopment and reuse of the Project Site by the Entity; and WHEREAS, the New Jersey Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq. authorizes a municipality to enter into a Financial Agreement with an urban renewal entity and grant such long-term tax exemptions for the subject Project; and WHEREAS, the Entity is qualified to do business under the provisions of the New Jersey Long Term Tax Exemption Law and has made application to the City for: (i) the approval of the Project; (ii) the grant of a long-term tax exemption for the Project; and (iii) the execution of a Financial Agreement; and WHEREAS, the Redevelopment Law authorizes the City to arrange or contract with a redeveloper for the planning, construction or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment; and WHEREAS, in order to enhance the economic viability of and opportunity for a successful project, the City will enter into an agreement with IDIL PASSAIC, LLC, along with their respective successors and/or assigns qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1, et seq. (the “Long Term Tax Exemption Law”), governing payments made to the City in lieu of real estate taxes on the Project pursuant; and WHEREAS, IDIL PASSAIC, LLC filed an application with the City for approval of a Long Term Tax Exemption for the Project, which is on file with the City Clerk (the “Application”), a copy of which is attached hereto; and WHEREAS, the provisions of the Long Term Tax Exemption Law authorize the City to accept, in lieu of real property taxes, an annual service charge paid by IDIL PASSAIC, LLC to the City; and WHEREAS, IDIL PASSAIC, LLC has agreed to make payment of an Annual Service Charge as defined in the Long Term Tax Exemption Law to the City; and WHEREAS, the City Council has determined that the Project represents an undertaking permitted by the Long Term Tax Exemption Law, and has further determined that the Project is an improvement made for the purposes of clearance, replanning, development, or redevelopment of an area in need of redevelopment within the City as authorized by the Long Term Tax Exemption Law; and 34 Passaic City Council April 2, 2019 Minutes WHEREAS, the City Council has determined that the Project would not have been constructed without a tax emption; and WHEREAS, the City of Passaic has been designated a Garden State Growth Zone pursuant to the Economic Opportunity Act of 2013 (“EOA”) and possesses all relevant powers and authority pursuant to same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASSAIC that an exemption from taxation as shall be set forth in the Financial Agreement is hereby granted to IDIL PASSAIC, LLC, with respect to the Project on the Project Site for the term set forth in the Financial Agreement; provided that in no event shall the tax exemption exceed the earlier of (i) thirty-five (35) years from the date of execution of the Financial Agreement or (ii) to the extent permitted by N.J.S.A. 40A:20-13, thirty (30) years from the Entity’s receipt of a Certificate of Occupancy for the Project or Phase thereof and only so long as the Entity remains subject to and complies with the Financial Agreement and the Long Term Tax Exemption Law and any other agreement related to the Project or the Property; and provided, further that in no event shall the resulting property tax obligation in each year the property tax exemption is in effect, when combined with the Annual Service Charge as defined in the Financial Agreement, be less than the amount of the property tax obligation that would have been due and owing on the Property, after redevelopment, if no property tax exemption were to have been granted; and be it FURTHER ORDAINED that the Mayor and Clerk are hereby authorized and directed to execute the Financial Agreement with IDIL PASSAIC, LLC, a certified copy of which shall be kept on file in the Office of the City Clerk; and be it FURTHER ORDAINED 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 ORDAINED that IDIL PASSAIC, LLC shall, from the time the Annual Service Charge becomes effective, pay the Annual Service Charge as set forth in the Financial Agreement; and be it FURTHER ORDAINED 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; and be it 35 Passaic City Council April 2, 2019 Minutes FURTHER ORDAINED that all ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only; and be it FURTHER ORDAINED that this Ordinance shall take effect upon final adoption and publication in accordance with law. Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on April 23, 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 Love the PAYMENT OF BILLS was accepted and approved ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: 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 8:23 p.m. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President 36