City Council

City of Passaic New Jersey Passaic City Council June 6, 2019 Minutes WORK-SESSION WAS HELD ON THURSDAY, JUNE 6, 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, JUNE 6, 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: Love, Melo, Schwartz, CP Schaer ABSENT: Garcia, Munk, Patel ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslo, City Attorney; Kenneth Porro, Tax Appeal Attorney Council President Schaer opened the work session with an informal review and discussion regarding agenda items. Councilman Munk and Patel took their seats in the dais. On a motion by Council Member Love and seconded by Council Member Schwartz the following RESOLUTION WAS OFFERED FOR ADOPTION: CITY OF PASSAIC RESOLUTION NO. 19-06-172ws RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON JUNE 06, 2019 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS RE: MOTION TO PROCEED TO EXECUTIVE CLOSED SESSION TO RECEIVE ATTORNEY CLIENT COMMUNICATION REGARDING ONGOING SETTLEMENT AGREEMENT NEGOTIATIONS AND PENDING LITIGATION WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exits: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; Passaic City Council June 6, 2019 Minutes 1. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations 2. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 3. This Resolution shall take effect immediately. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia On a motion by Councilman Love and seconded by Councilwoman MELO the work session meeting was reconvene. After a discussion on the agenda items, the Council work session remain open until the Regular Meeting started at 7:10 p.m. PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON THURSDAY, JUNE 6, 2019 AT 7:00 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL Amada D. Curling, City Clerk read the following notice into record: IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON JUNE 19, 2018 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2018-2019, SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslo, City Attorney Invocation was rendered by Hon. Council Member Melo followed by the Pledge of Allegiance. PROCLAMATION/RECOGNITIONS: • FRANCINE WISE- Certificate of Recognition Mayor Hector C. Lora presented Ms. Francine Wise with a Certificate of Recognition for her great customer service. 2 Passaic City Council June 6, 2019 Minutes Council President Schaer announced the following addendums to the agenda: 6A, 30D, 30E, and 30F. 6a. Passaic Board of Education, 663 Main Avenue, submitting application to hold a field trip to Passaic City Hall on June 17, 2019 from 9:00 a.m. to 11:20 a.m. (Contingent Upon Departmental Approvals) 6b. City of Passaic Administration, submitting the following applications:  Live Filming in Christopher Columbus Park on June 7, 2019 from 3:00 p.m. to 5:00 p.m.  Father’s Day Event in Plaza Garibaldi (Monroe Street and Dayton Ave), on June 16, 2019 from 3:00 p.m. to 7:00 p.m. (Contingent Upon Departmental Approvals) 30d. RESOLUTION AWARDING CONTRACT FOR CONCESSION MANAGEMENT SERVICES SYNTHETIC ICE SKATING RINK THIRD WARD MEMORIAL PARK PASSAIC, NJ (Awarded to Mel’s Rink Foundation of Silver Spring Maryland in the not to exceed amount of $48,180.00 for the time period September 2019 through March 2020) 30e. RESOLUTION AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE NEW JERSEY DEPARTMENT OF TRANSPORTATION AND THE CITY OF PASSAIC FOR PUBLIC USE OF GARIBALDI PLAZA, FIRST STREET AND MONROE STREET (BLOCK 4057, LOT 52.01), CITY OF PASSAIC, NEW JERSEY 30f. Resolution Honorarily Designating the Corner of Passaic Street and Sixth Street As “Evelyn T. Robinson Way” 31e. Ordinance Approving the Application for a Long-Term Tax Exemption and Authorizing The City Of Passaic to Enter Into a Financial Agreement with Pennington Passaic, LLC For Property Identified On the Official Tax Map of the City Of Passaic as: Block 3236, Lot 36; Block 3237, Lot 47; And, Block 3254, Lot 37, (176 Pennington Avenue; 191 Pennington Avenue; and, 199- 231 Pennington Avenue) Passaic, New Jersey Council Member Terrence Love presented and read a proclamation honoring Evelyn T. Robinson: RESOLUTIONS – HONORIFIC STREET NAME CHANGE On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION: CITY OF PASSAIC RESOLUTION # 19-06-173 RESOLUTION HONORARILY DESIGNATING THE CORNER OF PASSAIC STREET AND SIXTH STREET AS “EVELYN T. ROBINSON WAY” WHEREAS, the Mayor and City Council for the City of Passaic wish to recognize Ms. Evelyn T. Robinson for her passionate commitment in helping all children of the City of Passaic 3 Passaic City Council June 6, 2019 Minutes community achieve academic success and overcoming negative challenges; and WHEREAS, for many years Ms. Evelyn T. Robinson has been a local advocate for education and her impressive resume includes serving as: the President of the Pulaski #8 School Home Association; Chairperson of the District-Wide Advisory Council; and, a member of the Passaic Board of Education for nineteen (19) years, where her tenure included serving five terms as Vice-Chair and one year as President; and WHEREAS, Ms. Evelyn T. Robinson has displayed her passion for education and community involvement on the State and National level by testifying before the State of New Jersey Education Committee regarding nomination of State Commissioners of Education; serving as a panelist at numerous state, regional, and national conferences; and, by being elected to serve as Region II (serving New Jersey, New York, Puerto Rico, and Guam) Board Member of the National Coalition of Title 1 Parent Organization, which monitors federal education laws and policies, including the “No Child Left Behind” Law; and WHEREAS, Ms. Evelyn T. Robinson has proudly served on almost too many count local, regional, and national boards, including (but not limited to): the Juvenile Education Awareness Project, the Passaic Black Forum, Passaic Youth Empowerment, the Passaic Branch of the National Association for the Advancement of Colored People (NAACP), Passaic African-American Celebration Committee, United Passaic Organization, and the International Order of the Eastern Star, and presently serves as the President of the Vreeland Village Community Association; and WHEREAS, Ms. Evelyn T. Robinson worked as a Community Organizational Specialist for the City of Passaic for eight (8) years and as the Coordinator of Resident Initiative/Youth Services for the Passaic Housing Authority for over twenty-three (23) years; and WHEREAS, Ms. Evelyn T. Robinson is a graduate of Passaic High School, has an Associates Degree in Public Policy from St. Peter’s University, holds a certification in Public Policy in Urban Education from Thomas Edison College, and possesses numerous certifications and trainings in workshops, seminars, and conferences sponsored by many educational organizations; and WHEREAS, Ms. Evelyn T. Robinson is culturally respectful and very proud of her biological heritage: her mother, Albertina Monserrate Garcia Ricci-Smith was of Puerto Rican descent; and her father, Everett E. Forsey, was African-American; and WHEREAS, Ms. Evelyn T. Robinson is the widow of Mr. Charles L. Robinson, Sr., the extremely proud “Mommy” to four children (all Passaic High School graduates and college educated); and, 4 Passaic City Council June 6, 2019 Minutes doting “Nana” to eight grandchildren and two great-grandchildren; and WHEREAS, Ms. Evelyn T. Robinson is an active member of Mount Pilgrim Missionary Baptist Church, where she is a member of the Mass Choir and loves to serve as an advisor to the Church’s Youth Choir, Tenor Section; and WHEREAS, Ms. Evelyn T. Robinson enjoys African studies, ocean swimming, reading, is a self-confessed Soul Line dance addict, and her beloved Green Bay Packers- she is a die-hard “Cheesehead.” NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the City of Passaic that the corner of Passaic Street and Sixth Street shall be honorarily designated as “Evelyn T. Robinson Way.” ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia Comments from the City Council and Mayor Lora. Council President Schaer called for a ten-minute recess at 7:35 p.m. Upon motion made by Council Member Melo and seconded by Council Member Patel the public meeting was opened at 7:48 p.m. ROLL CALL AYES: Melo, Patel, Schwartz, CP Schaer ABSENT: Munk, Love, Garcia MINUTES Council Meeting Minutes for May 21, 2019, submitted for approval. Upon motion made by Council Member Schwartz and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL AYES: Melo, Patel, Schwartz, CP Schaer ABSENT: Munk, Love, Garcia 5 Passaic City Council June 6, 2019 Minutes HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Joe Conoscenti, 170 Broadway • The railroad tracks between Dundee Island and Pulaski park – has anyone reached out to owners to have area cleaned up? • When will the administration address quality of life issues in these districts? • Armory Park between main avenue and Route 21 – is holy grounds which should be recognized instead of dog park • At Third Ward Memorial park, both fountains not working, one of the lights not working. • Tennis Courts by Howard Ave, other side of street is swamp, has engineering checked the area? • Now that summer is here, can ordinance on loud music be (55 decibels) be enforced? Council Member Munk took his seat on the dais at 8:10 p.m. Council Member Love took his seat on the dais at 8:10 p.m. Jeannette Santana, 187 Boulevard • At Passaic and Boulevard, three light poles have no cover at the bottom, so people put garbage in the light pole and it also a hazard. • Portable bathrooms at construction sites should be locked overnight to prevent problems. • Schwartz and Munk look good with facial hair, Schaer you are next. Jeffrey Dye, 443 Howe Avenue, President Passaic NAACP • He asks council for consideration for June 19 NAACP Juneteenth program to use council chambers • Police should have to take cultural sensitivity training; Police cannot order someone to go in their house. 6 Passaic City Council June 6, 2019 Minutes Jaroslaw Jackiw, JJ, 266 Lafayette Avenue • NJDOT property at 474 main Ave armory – has a transfer been made to Passaic for the future dog park? • Armory Park 32-8 Gregory Avenue - there is a NJDOT property behind fence overlooking Route 21, has the administration asked DOT to clean up the area? • Revolutionary Park site has three tree trunks cut but are big used as tables. • Dundee island - city transferred the park to Passaic county; is the county park exempt from Regulation 219-15 obnoxious growth? The park is not being maintained. • Railroad tracks – why are the new owners exempt from Regulation 219-15 obnoxious growth? • Memorial Park has two obnoxious areas that have been neglected. Council Member Melo stepped down from the dais at 8:25 p.m. Council Member Melo took her seat on the dais at 8:28 p.m. Council Member Love stepped down from the dais at 8:29 p.m. Council Member Patel stepped down from the dais at 8:29 p.m. Mamie Lefkin, 43 Hammond Avenue • At the corner of Hammond and Oak Street, can we get a four way stop sign on that corner? It is dangerous to cross because there are too many cars. After ample opportunity given and no one else responding on a motion by Council Member Schaer and seconded by Council Member Schwartz the public portion of the meeting was adjourned. ROLL CALL AYES: Munk, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia ORDINANCES FOR SECOND AND FINAL READING (PUBLIC HEARING REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2212-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. 7 Passaic City Council June 6, 2019 Minutes 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, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia 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, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia ------------------------------------------------------------ Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2213-19 ORDINANCE APPROVING RULES AND REGULATIONS FOR THE CITY OF PASSAIC POLICE DEPARTMENT PURSUANT TO ACCREDITATION BY THE NEW JERSEY STATE ASSOCIATION OF CHIEFS OF POLICE Council Member Schwartz 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, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia 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 8 Passaic City Council June 6, 2019 Minutes ROLL CALL AYES: Munk, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia COMMUNICATIONS AND PETITIONS: On a motion by Council Member Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Pulaski School No. 8, 100 4th Street, submitting application to hold a Field Day, on June 19, 2019 from 8:00 a.m. to 3:30 p.m. in Pulaski Park Field. (Contingent Upon Departmental Approvals) Fiesta y Carnavales de la Amazonia a NJ, 180 Monroe Street, submitting application to hold a Festival on June 22, 2019 from 12:00 p.m. to 10:00 p.m. in the Passaic School No. 9 parking lot (140 1st Street) (Contingent Upon Departmental Approvals) Passaic Coaches Association, 103 Blaine Street, submitting application to hold a Youth Basketball Summer League, in Pulaski Park Basketball Courts, Monday through Thursday between June 10, 2019 to July 25, 2019 from 6:00 p.m. to 8:30 p.m. (Contingent Upon Departmental Approvals) Passaic African American Celebration Committee, 5 Spring Street, submitting the following applications (Contingent Upon Departmental Approvals): • Parade on June 29, 2019 from 11:00 a.m. to 12:00 p.m. The parade will commence at Passaic City Hall travel to Main Avenue to Monroe Street, ending at School No. 11 • Festival on June 29, 2019 from 12:00 p.m. to 6:00 p.m. in Passaic School No. 11 Stage Area. Passaic Board of Education, 663 Main Avenue, submitting application to hold a field trip to Passaic City Hall on June 17, 2019 from 9:00 a.m. to 11:20 a.m. (Contingent Upon Departmental Approvals) 6b. City of Passaic Administration, submitting the following applications (Contingent Upon Departmental Approvals): 9 Passaic City Council June 6, 2019 Minutes • Live Filming in Christopher Columbus Park on June 7, 2019 from 3:00 p.m. to 5:00 p.m. • Father’s Day Event in Plaza Garibaldi (Monroe Street and Dayton Ave), on June 16, 2019 from 3:00 p.m. to 7:00 p.m. ROLL CALL AYES: Munk, Melo, Schwartz, CP Schaer ABSENT: Love, Patel, Garcia Council Member Love took his seat on the dais at 8:34 p.m. 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 Schwartz 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: • June is Men’s Health Month Proclamation • Summit Medical Group Foundation Proclamation City of Passaic Alcoholic Beverage Control Board, submitting notice cancelling their May 21, 2019 regular meeting. Passaic County Planning Board submitting copy of their Resolution and Green Storm Water Infrastructure Element of the Passaic County Master Plan City of Passaic Parking Authority, submitting notice cancelling their May 21, 2019 regular meeting. City of Passaic Zoning Board submitting notice of their May 28, 2019 City Council Meeting. Passaic Board of Education, submitting notice of their May 28, 2019 Special Meeting. EBI Consulting, submitting correspondence re: Public Notification Letter CEA/WRA Fact Sheets, 225 River Drive Passaic, NJ DEP PI#002991 PT Consultants, Inc., submitting Biennial Certification re: 26 Jefferson Street, Passaic, NJDEP PI 07047. PSE&G, submitting notice of their June 18,19, 2019 public hearings. NJ Department of Transportation submitting correspondence re: Fiscal Year 2020 State Aid Programs. 10 Passaic City Council June 6, 2019 Minutes North Jersey District Water Supply Commission, submitting the following: • Minutes of their April 25, 2019. • Notice and Agenda of their May 22, 2019 meeting Passaic Valley Water Commission submitting the following: • Notice and Agenda of their May 15, 2019 meeting. • Minutes of their April 14, 2019 meeting • Notice of their June 19, 2019 meeting NJ Department of Environmental Protection, submitting the following: • Suspected Hazardous substance Discharge Notification NJDEP Case No. 19-05-21-0835-58 • Suspected Hazardous substance Discharge Notification NJDEP Case No. 19-05-23-0925-18 • Suspected Hazardous substance Discharge Notification NJDEP Case No. 19-05-0742-25 ROLL CALL AYES: Love, Munk, Melo, Schwartz, CP Schaer ABSENT: Patel, Garcia Council Member Patel took his seat on the dais at 8:37 p.m. RESOLUTIONS: THE FOLLOWING RESOLUTION WAS MOVED TO END OF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JUNE 6, 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 Melo and seconded by Council Member Schwartz the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION #19-06-174 RESOLUTION AUTHORIZING CITY OF PASSAIC TO ENTER INTO SUMMER YOUTH EMPLOYMENT PILOT PROGRAM (SYEPP) 2019 WORKSITE AGREEMENT WITH COUNTY OF PASSAIC 11 Passaic City Council June 6, 2019 Minutes WHEREAS, the Passaic County Workforce Development Center (“PCWDC”), a non-profit organization under the auspices of the County of Passaic, provides comprehensive employment assistance, such as career counseling, vocational evaluation, training referrals and other services and solutions to help job seekers obtain employment in the County of Passaic; and WHEREAS, PCWDC has sponsored a Summer Youth Employment Pilot Program (“SYEPP”) that will assist younger residents of the County of Passaic obtain employment for the summer of 2019; and WHEREAS, the City of Passaic wishes to enter into the attached Worksite Agreement with the County of Passaic governing the City’s participation in SYEPP; and WHEREAS, the attached Worksite Agreement is valid from May 10, 2019 to August 30, 2019; and WHEREAS, the Worksite Agreement allows for a maximum number of thirty (30) SYEPP participants. 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 into the attached Worksite Agreement with the County of Passaic governing the City’s participation in the Summer Youth Employment Pilot Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Personnel Office of the City of Passaic are hereby authorized and directed to undertake any and all other necessary actions to effectuate the City’s participation in this program. CITY OF PASSAIC RESOLUTION NO. 19-06-175 RESOLUTION AWARDING A CONTRACT FOR FUEL SYSTEM CONDUIT AND WIRE REPLACEMENT FROM BUILDING TO TRANSITION SUMP 870 MAIN AVENUE PASSAIC, NJ WHEREAS, proposals were received by the Director of Purchasing on Tuesday, May 21, 2019 for Fuel System Conduit and Wire Replacement from Building to Transition Sump, 870 Main Avenue, Passaic, NJ; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq; and 12 Passaic City Council June 6, 2019 Minutes WHEREAS, a proposal was received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Prime Vendor Metro Independence Environmental Constructors Wilmington, NC Farmingdale, NY Bridgewater, NJ Construct Connect H2M Architects Norcross, GA Melville, NY WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing that the contract for Fuel System Conduit and Wire Replacement from Building to Transition Pump 870 Main Avenue be awarded to Petro Mechanics, Inc. of Lafayette, NJ in the amount of $ 26,765.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Fuel System Conduit and Wire Replacement from Building to Transition Sump 870 Main Avenue be awarded to Petro Mechanics, Inc. in the amount of $26,765.00. CERTIFICATION OF FUNDS Funding for the above are available in Account #C-04-55-979-018-FFR in the amount of $22,898.68 and Account #9-01-26-290-000-029 in the amount of $3,866.32. --------------------------------------------------- --------- CITY OF PASSAIC RESOLUTION NO. 19-06-176 RESOLUTION AUTHORIZING NEW JERSEY URBAN AND COMMUNITY FORESTRY STEWARDSHIP GRANT APPLICATION WHEREAS, pursuant to the New Jersey Shade Tree and Community Forestry Assistance Act, (N.J.S.A. 13:1L-17.4(c)), one purpose of the New Jersey Forest Service’s Urban and Community Forestry program (NJUCF) is to provide grants to local governments to assist in the implementation of an approved comprehensive Community Forestry Management Plan (CFMP) to the extent monies are appropriated or otherwise available; and WHEREAS, the NJUCF Stewardship Grant was established to provide this financial assistance to local governments; and 13 Passaic City Council June 6, 2019 Minutes WHEREAS, the City of Passaic desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $30,000.00 to fund the NJUCF Stewardship Grant- Reforestation and Tree Planting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application and complete a grant agreement with the State of New Jersey Forest Service’s Urban and Community Forestry program (NJUCF) for a grant in an amount not less than $0.00 and not more than $30,000.00 and to execute any amendments thereto which do not increase the City of Passaic’s obligations; and BE IT FURTHER RESOLVED that the City Council of the City of Passaic that the City of Passaic is authorized and hereby agrees to match fifty-percent (50%) of the Total Project Amount, in compliance with the match requirements of this agreement. The availability of the match for such purposes, whether cash, services, or property is hereby certified. Up to one-hundred percent (100%) of the match will be made up of in-kind, in-kind services; and BE IT FURTHER RESOLVED that the City of Passaic agrees to comply with all applicable Federal, State, and municipal laws, rules, and regulations in its performance pursuant to the proposed grant agreement; and BE IT FURTHER RESOLVED THAT the, Mayor, City Clerk, and Business Administrator are hereby authorized to take all necessary actions to file this application and to accept grant funds from the State of New Jersey Service’s Urban and Community Forestry program (NJUCF). --------------------------------------------------- --------- CITY OF PASSAIC RESOLUTION NO. 19-06-177 RESOLUTION SETTING MEETING DATES OF THE CITY COUNCIL OF THE CITY OF PASSAIC FOR THE YEARS 2019-2020 BE IT RESOLVED, by the City Council of the City of Passaic that the following is the Schedule of meetings of the City Council for the year 2019-2020 BE IT FURTHER RESOLVED that all public work session meetings will be held at 5:30p.m. Followed by the Regular Meetings at 7:00 14 Passaic City Council June 6, 2019 Minutes p.m. in the Council Chambers of Passaic City Hall, 330 Passaic St. Passaic, NJ 07055 July 23, 2019 January 7, 2020 January 21, 2020 August 6, 2019 February 4, 2020 February 18, 2020 September 10, 2019 March 3, 2020 September 24, 2019 March 17, 2020 October10, 2019* April 2, 2020* October 24, 2019* April 23, 2020* November 7, 2019* May 5, 2020 November 19, 2019 May 19, 2020 December 3, 2019 June 9, 2020 December 17, 2019 June 23, 2020 *Thursdays BE IT FURTHER RESOLVED that closed session meetings may be held during any of the public meetings set forth upon passage of an appropriate Resolution. --------------------------------------------------- ----- CITY OF PASSAIC RESOLUTION #19-06-178 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2018 CHEVROLET EXPRESS RWD CARGO VAN PASSAIC POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase One (1) 2018 Chevrolet Express RWD Cargo Van offered under NJ State Contract #A88213; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: Total 15 Passaic City Council June 6, 2019 Minutes One (1) 2018 Chevrolet $ 27,395.12 Express RWD Cargo Van WHEREAS, it is the recommendation of Deputy Chief Louis Gentile that the contract for One (1) 2018 Chevrolet Express RWD Cargo Van be awarded to Mall Chevrolet of Cherry Hill, NJ in the amount of $ 27,395.12. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Mall Chevrolet of Cherry Hill, NJ in the amount of $ 27,395.12. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney CERTIFICATION OF FUNDS Funds for the above are available in Account #9-01-25-245-000-121. --------------------------------------------------- ----- CITY OF PASSAIC RESOLUTION NO. 19-06-179 RESOLUTION AWARDING CONTRACT FOR 41 MYRTLE AVENUE PARKING LOT CITY OF PASSAIC WHEREAS, bids were received by the Purchasing Department on Wednesday, May 15, 2019 for 41 Myrtle Avenue Parking Lot; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, bids were picked up by the following, none of whom submitted bids: Construction Connect Construction Information Norcross, GA Kinnelon, NJ WHEREAS, it is the recommendation of Dennis Harrington, City Engineer, that the lowest responsible, responsive bidder, Covino & Sons, of Rochelle Park, NJ be awarded the contract in the amount of $ 71,273.00. 16 Passaic City Council June 6, 2019 Minutes NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for 41 Myrtle Avenue Parking Lot be awarded to Covino & Sons of Rochelle Park, NJ in the amount of $71,273.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Capital Account #C-04-55-978-000-9PL. --------------------------------------------------- ----- CITY OF PASSAIC RESOLUTION# 19-06-180 RESOLUTION ACCEPTING ADDITIONAL FUNDING FOR 2018-2019 RYAN WHITE PART "A" AND MINORITY AIDS INITIATIVE FOR HIV/AIDS GRANT WHEREAS, the City of Passaic/ Passaic Alliance had submitted an application for funding for 2018-2019 Ryan White Part A- and Minority AIDS Initiative grant for the delivery of HIV care targeting persons living with HIVIAIDS in the Passaic/Bergen regional area; and WHEREAS, the City of Passaic/ Passaic Alliance had been approved for funding for its program in the amount of $166,948.00 for the delivery of coordinated care targeting persons living with HIV/AIDS in the Passaic and Bergen County region (Resolution 18-08-257); and WHEREAS, The City of Passaic/Passaic Alliance has now been awarded a n additional $22,526.49 for the service categories below. WHEREAS, the City of Passaic/ Passaic Alliance has been awarded additional funds for: Part "A" funding, 1) Substance Abuse-$6,918.40 2) Mental Health-$5,999.55 3) Case Management Community (Non-Medical)-$63,346.60. 4) Outreach-$4,274.00 5) Health Insurance Premium Assistance-$41,152.81 Total Part "A" Funding-$121,691.36 Minority AIDS Initiative funding, 1) Substance Abuse $5026.65 2) Case Management MAI- $47,464.87 3) Outreach- Level I $7,517.73 4) Health Education-$7773.88 17 Passaic City Council June 6, 2019 Minutes Total Minority AIDS Initiative funding-$67,783.13 Total $189,474.49 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic does hereby accept grant funds in the total amount of $166,948.00 for HIVIAIDS coordinated care. BE IT FURTHER RESOLVED that the Passaic Alliance, Mayor, and City Clerk are hereby authorized to execute all necessary documents and to carry out the terms and provisions of this grant. --------------------------------------------------- ----- CITY OF PASSAIC RESOLUTION#19-06-181 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office has received an overpayment on the below mentioned property from the following property owner in the amount of $2,698.50; WHEREAS, the property owner has submitted a written request to refund the overpaid amounts of $2,698.50 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 PROPERTY NAME YEAR AMOUNT 2147.01 23 102 Park Park Place Realty 2019 $2,698.50 PL Group LLC 390 Brook Ave. --------------------------------------------------- ----- CITY OF PASSAIC RESOLUTION # 19-06-182 RESOLUTION APPROVING THE APPLICATION OF FIESTA Y CARNAVALES DE LA AMAZONIA A NJ TO HOLD A FESTIVAL ON JUNE 22, 2019 WITH SALE AND CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY WHEREAS, Fiesta y Carnavales de la Amazonia a NJ (“Applicant”) has made an application to the City of Passaic to hold a Festival 18 Passaic City Council June 6, 2019 Minutes on June 22, 2019 from 12:00 p.m. to 10:00 p.m. at Passaic School No. 9, 140 1st Street (Parking Lot), Passaic, New Jersey; and WHEREAS, the Festival also involves the use and temporary closing of certain City streets as is set forth in the application; and WHEREAS, the Applicant seeks approval of its application, including permission from the City of Passaic to sell alcohol for immediate consumption in a public place at the Festival on June 22, 2019; and WHEREAS, pursuant to Chapter 75-24 of the City Code of the City of Passaic the City Council, for good cause shown, may permit the consumption of alcoholic beverages in public areas by a resolution of the City Council, upon the written request of an organization to the Council, and which resolution shall state the hours within which such permission is granted and location where such permission shall be in force and such other terms and conditions as established by the City Council; and WHEREAS, Fiesta y Carnavales de la Amazonia a NJ has applied to the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control for a Social Affair Permit to permit the Applicant to sell alcoholic beverages for immediate consumption at the Festival on June 22, 2019 subject to strict compliance with the express conditions as set forth therein; and WHEREAS, the City of Passaic’s approval of Applicant’s application is expressly contingent upon approval of the Social Affair Permit by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic that the application of Fiesta Carnavales de la Amazonia a NJ to hold a Festival on June 22, 2019 from 12:00 p.m. to 10:00 p.m. at School No. 9 140 1st Street (Parking Lot), Passaic, New Jersey which will include the sale of alcohol in a public place, is hereby approved subject to strict compliance with the following conditions: 1. The sale of alcoholic beverages by the glass or other open receptacles at the above-captioned event shall be for immediate consumption in a confined area(s) of the Festival between the hours of 12:00 p.m. and 10:00 p.m. All advertisements related to the Picnic festival, including tickets, must include the Special Permit No. issued by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, 19 Passaic City Council June 6, 2019 Minutes and the Special permit shall be conspicuously displayed at the Fiesta Carnavales de la Amazonia a NJ Festival. 2. Fiesta Carnavales de la Amazonia a NJ shall not serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, or the consumption by any person under the legal age to consume alcoholic beverages, not to any person who is actually or apparently intoxicated. Self-service by attendees of the Festival is strictly prohibited and all sale, service or delivery of alcoholic beverages to attendees of the Festival must be made and supervised by authorized staff of Fiesta Carnavales de la Amazonia a NJ. Fiesta Carnavales de la Amazonia a NJ shall maintain adequate staff at the Festival to monitor each sale, service or delivery of an alcoholic beverage to prevent service to intoxicated or underage individuals. Such staff shall check identification of individuals prior to entry in the confined area(s) where alcoholic beverages are available to confirm that all persons therein are at least twenty-one (21) years of age. Sale, service or delivery shall be limited to two (2) alcoholic beverages per customer at a time. All persons admitted to the area(s) where alcoholic beverages are sold and/or consumed shall wear a bracelet indicating that such person has been approved for admittance. No other persons shall be allowed in such area(s) where alcoholic beverages are sold and/or consumed. 3. Fiesta Carnavales de la Amazonia a NJ may purchase alcoholic beverages for the Festival only from licensed New Jersey wholesales or retailers who license privilege permits the sale of package goods for off-premises consumption except Fiesta Carnavales de la Amazonia a NJ, if a club licensee, may use its own inventory for the Festival. All alcoholic beverages purchased at wholesale and not consumed at the Festival must be returned to the wholesaler. 4. Fiesta Carnavales de la Amazonia a NJ shall comply with all State, federal, and local laws, statutes, ordinances, rules and regulations applicable to this application, including, but not limited to, the sale and consumption of alcoholic beverages. 5. Fiesta Carnavales de la Amazonia a NJ failure to comply with any of the foregoing conditions, including but not limited to the requirement that it obtain a Special Social Affair Permit from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, renders this approval null and void. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute documents necessary to effectuate the purpose of this Resolution. 20 Passaic City Council June 6, 2019 Minutes ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION #19-06-183 RESOLUTION TO AMEND CY2019 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) 2019 SUMMER FOOD PROGRAM $356,069.44 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2019 as follows: 2019 Summer Food Program $356,069.44 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: 2019 Summer Food Program $356,069.44 G-02-40-SFD-019-000 ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION #19-05-184 RESOLUTION TO AMEND CY2019 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) ESPN-WOMEN’S SPORTS FOUNDATION GRANT $5,000 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; 21 Passaic City Council June 6, 2019 Minutes NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2019 as follows: ESPN-Women’s Sports Foundation Grant $5,000 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: ESPN-Women’s Sports Foundation Grant $5,000 Account #G-02-40-REC-019-WSF ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION #19-06-185 RESOLUTION TO AMEND CY2019 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) 2018-2019 RYAN WHITE ADDITIONAL FUNDS: $21,994.94 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2019 as follows: 2018-2019 Ryan White Additional Funds: $21,994.94 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: 2018-2019 Ryan White Additional Funds: $21,994.94 Account #G-02-40-RWI-018-000 ------------------------------------------------------------ 22 Passaic City Council June 6, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-06-186 RESOLUTION AWARDING CONTRACT FOR CONCESSION MANAGEMENT SERVICES SYNTHETIC ICE SKATING RINK THIRD WARD MEMORIAL PARK PASSAIC, NJ WHEREAS, a proposal was received by the Director of Purchasing on Thursday, April 25, 2019 for Concession Management Services Synthetic Ice Skating Rink Third Ward Memorial Park Passaic, NJ; and WHEREAS, a proposal was received from Mel’s Rink Foundation of Silver Spring Maryland; and WHEREAS, the concession management services Synthetic Ice Skating Rink Third Ward Memorial Park shall be operated from September 2019 through March 2020 in a not to exceed amount of $48,180.00; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract be awarded to Mel’s Rink Foundation of Silver Spring Maryland in the not to exceed amount of $48,180.00 for the time period September 2019 through March 2020. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Concession Management Services Synthetic Ice Skating Rink Third Ward Memorial Park be awarded to Mel’s Rink Foundation of Silver Spring Maryland in the not to exceed amount of $48,180.00 for the time period September 2019 through March 2020. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds are available in Account # 9-01-20-110-000-028 and Account #9-01-20-100-ADM-029 ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia 23 Passaic City Council June 6, 2019 Minutes ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO# 2214-19 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 433 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 438 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 # 355 Howe Avenue South Beginning at a point 170 J53HHW feet east of the easterly curbline of Van Houten Avenue and extending to a point 25 feet easterly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 24 Passaic City Council June 6, 2019 Minutes 355 Howe Avenue South Beginning at a point 170 U42DUT feet east of the easterly curbline of Van Houten Avenue and extending to a point 25 feet easterly therefrom 17 Jackson Street South Beginning at a point 213 X23GPE feet west of the westerly curbline of Park Avenue and extending to a point 22 feet westerly therefrom 352 Lafayette East Beginning at a point 34 U57HWG Avenue feet north of the northerly curbline of Lincoln Street and extending to a point 22 feet northerly therefrom 78 Market Street East Beginning at a point 210 1860HG feet south of the southerly curbline of Bergen Street and extending to a point 22 feet southerly therefrom 373 Monroe Street South Beginning at a point 37 V31LFV feet east of the easterly curbline of Martha Place and extending to a point 22 feet easterly therefrom 139 Ninth Street North (South Street) Beginning 7929HF at a point 33 feet west of the westerly curbline of South Street and extending to a point 22 feet westerly 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 June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia 25 Passaic City Council June 6, 2019 Minutes ------------------------------------------------------------ Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO 2215-19 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 248 HOPE AVENUE, BLOCK 4063, LOT 74, AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 4063, Lot 74, more commonly known as 248 Hope Avenue (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City of Passaic designate the Property an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the City of Passaic Planning Board reviewed the proposed Redevelopment Plan and adopted a Resolution finding said Redevelopment Plan to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that: Section 1 The recitals set forth above are incorporated herein and made a part hereof as if set forth at length. 26 Passaic City Council June 6, 2019 Minutes Section 2 The City Council of the City of Passaic hereby approves and adopts the attached Redevelopment Plan for the Property as an Area in Need of Rehabilitation. Section 3 The zoning standards set forth in the Redevelopment Plan for 248 Hope Avenue, Block 4063, Lot 74, as an Area in Need of Rehabilitation shall supersede and replace all underlying zoning standards in accordance with N.J.S.A. 40A:12A-7c, rather than serving as overlay zoning for the said Area. Section 4 The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 248 Hope Avenue Area in Need of Rehabilitation, Block 4063, Lot 74, in accordance with N.J.S.A. 40A:12A-7c. Section 5 All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency. Section 6 If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance which shall remain in full force and effect. Section 7 This Ordinance shall take effect in the time and manner prescribed by law. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Patel the public hearing be held on June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ------------------------------------------------------------ Council President Schaer read said Ordinance by title. 27 Passaic City Council June 6, 2019 Minutes CITY OF PASSAIC ORDINANCE NO 2216-19 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 141-147 BROADWAY, BLOCK 2203, LOTS 6 & 7, AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 2203, Lots 6 & 7, more commonly known as 141-147 Broadway (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City of Passaic designate the Property an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the City of Passaic Planning Board reviewed the proposed Redevelopment Plan and adopted a Resolution finding said Redevelopment Plan to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that: Section 1 The recitals set forth above are incorporated herein and made a part hereof as if set forth at length. Section 2 The City Council of the City of Passaic hereby approves and adopts the attached Redevelopment Plan for the Property as an Area in Need of Rehabilitation. 28 Passaic City Council June 6, 2019 Minutes Section 3 The zoning standards set forth in the Redevelopment Plan for 141-147 Broadway, Block 2203, Lots 6 & 7, as an Area in Need of Rehabilitation shall supersede and replace all underlying zoning standards in accordance with N.J.S.A. 40A:12A-7c, rather than serving as overlay zoning for the said Area. Section 4 The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 141-147 Broadway Area in Need of Rehabilitation, Block 2203, Lots 6 & 7, in accordance with N.J.S.A. 40A:12A-7c. Section 5 All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency. Section 6 If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance which shall remain in full force and effect. Section 7 This Ordinance shall take effect in the time and manner prescribed by law. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ------------------------------------------------------------ Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO 2217-19 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 276 PASSAIC STREET, BLOCK 1081, LOT 15, AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 1081, Lot 15, more commonly 29 Passaic City Council June 6, 2019 Minutes known as 276 Passaic Street (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City of Passaic designate the Property an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the City of Passaic Planning Board reviewed the proposed Redevelopment Plan and adopted a Resolution finding said Redevelopment Plan to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that: Section 1 The recitals set forth above are incorporated herein and made a part hereof as if set forth at length. Section 2 The City Council of the City of Passaic hereby approves and adopts the attached Redevelopment Plan for the Property as an Area in Need of Rehabilitation. Section 3 The zoning standards set forth in the Redevelopment Plan for 276 Passaic Street, Block 1081, Lot 15, as an Area in Need of Rehabilitation shall supersede and replace all underlying zoning standards in accordance with N.J.S.A. 40A:12A-7c, rather than serving as overlay zoning for the said Area. Section 4 30 Passaic City Council June 6, 2019 Minutes The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 276 Passaic Street Area in Need of Rehabilitation, Block 1081, Lot 15, in accordance with N.J.S.A. 40A:12A-7c. Section 5 All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency. Section 6 If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance which shall remain in full force and effect. Section 7 This Ordinance shall take effect in the time and manner prescribed by law. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Patel the public hearing be held on June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ------------------------------------------------------------ Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO 2218-19 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 620 MAIN AVENUE, BLOCK 1131.01, LOT 30, AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 1131.01, Lot 30, more commonly known as 620 Main Avenue (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of 31 Passaic City Council June 6, 2019 Minutes Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City of Passaic designate the Property an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the City of Passaic Planning Board reviewed the proposed Redevelopment Plan and adopted a Resolution finding said Redevelopment Plan to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that: Section 1 The recitals set forth above are incorporated herein and made a part hereof as if set forth at length. Section 2 The City Council of the City of Passaic hereby approves and adopts the attached Redevelopment Plan for the Property as an Area in Need of Rehabilitation. Section 3 The zoning standards set forth in the Redevelopment Plan for 620 Main Avenue, Block 1131.01, Lot 30, as an Area in Need of Rehabilitation shall supersede and replace all underlying zoning standards in accordance with N.J.S.A. 40A:12A-7c, rather than serving as overlay zoning for the said Area. Section 4 The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 620 Main Avenue Area in Need of Rehabilitation, Block 1131.01, Lot 30, in accordance with N.J.S.A. 40A:12A-7c. Section 5 32 Passaic City Council June 6, 2019 Minutes All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency. Section 6 If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance which shall remain in full force and effect. Section 7 This Ordinance shall take effect in the time and manner prescribed by law. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Patel the public hearing be held on June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ------------------------------------------------------------ Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2219-19 ORDINANCE APPROVING THE APPLICATION FOR A LONG-TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A FINANCIAL AGREEMENT WITH PENNINGTON PASSAIC, LLC FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS: BLOCK 3236, LOT 36; BLOCK 3237, LOT 47; AND, BLOCK 3254, LOT 37, (176 PENNINGTON AVENUE; 191 PENNINGTON AVENUE; AND, 199-231 PENNINGTON AVENUE) PASSAIC, NEW JERSEY WHEREAS, PENNINGTON PASSAIC, LLC (the “Entity”) proposes to develop two (2) residential projects (the “Project”) within the City of Passaic (the “City”), on the sites located at: Block 3236, Lot 36; Block 3237, Lot 47; and, Block 3254, Lot 37 on the Official Tax Map of the City of Passaic and commonly known: 176 Pennington Avenue; 191 Pennington Avenue; and, 199-231 Pennington Avenue, Passaic, New Jersey (the “Project Site”), located within the Scattered Site Redevelopment Plan; and WHEREAS, by way of 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 June 6, 2019 Minutes WHEREAS, on March 7, 2017, pursuant to an Ordinance adopted by the City Council for the City of Passaic, the Scattered Site 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 PENNINGTON 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, PENNINGTON 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 PENNINGTON PASSAIC, LLC to the City; and WHEREAS, PENNINGTON 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 34 Passaic City Council June 6, 2019 Minutes 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 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 PENNINGTON 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 (30) 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 PENNINGTON 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 PENNINGTON 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 35 Passaic City Council June 6, 2019 Minutes as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof; and be it 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 Patel moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on June 18, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia PAYMENT OF BILLS On a motion by Council Member Patel and seconded by Council Member Melo the PAYMENT OF BILLS was accepted and approved ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia MAYOR’S REPORT Tonight, the Director of Recreation is at the county making a presentation regarding park upgrades including the new rubber walk paths. Telemundo was be in Passaic on Friday filming hurricane safety. The City will be holding a Father’s Day event at GARIBALDI PLAZA; flyers will be emailed to council members. Council President Schaer called for Closed Executive Session. On a motion by Council Member Patel and seconded by Council Member Love the following RESOLUTION WAS OFFERED FOR ADOPTION 36 Passaic City Council June 6, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-06-188 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON JUNE 06, 2019 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exists: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 4. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 5. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations 6. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 7. This Resolution shall take effect immediately. Upon motion made by Council Member ____ and seconded by Council Member _____ the council session was resumed. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Patel and seconded by Council Member Love the meeting was adjourned at 9:31 p.m. 37 Passaic City Council June 6, 2019 Minutes ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, CP Schaer ABSENT: Garcia ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President 38