City Council

City of Passaic New Jersey Passaic City Council November 7, 2019 Minutes WORK-SESSION WAS HELD ON THURSDAY, NOVEMBER 7, 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: 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 ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk ALSO PRESENT: Ricardo Fernandez, Business Administrator, Nita G. Raval, City Attorney Council read on the record the addendums to the meeting: Item #4b, Item #5b, and Purchase Order No. 19-05538 with no objections from council members. After a discussion on the agenda items, upon motion made by Council Member Schwartz and seconded by Council Member Patel, the Council went into Regular Meeting at 7:00 p.m. ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON THURSDAY, NOVEMBER 7, 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 6, 2019 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2019-2020, SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL AYES: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk Passaic City Council November 7, 2019 Minutes ALSO PRESENT: Ricardo Fernandez, Business Administrator, Nita G. Raval, City Attorney Invocation was rendered by Hon. Council Member Melo followed by the Pledge of Allegiance. Council Member Munk took his seat on the dais at 7:01 pm Council read on the record the addendums to the meeting: Item #4b, Item #5b, and Purchase Order No. 19-05538 with no objections from council members. MINUTES Council Meeting Minutes for October 24, 2019, submitted for approval. Upon motion made by Council Member Garcia and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Council President Schaer stated that the Scoping Hearing would be held on November 14, 2019 at 7:00 p.m. in the City Council Chambers. The City of Passaic has contacted the New Jersey Department of Environmental Protection, Green Acres Program, regarding a proposal to dispose of 1.44 acres of Veterans Memorial Third Ward Park as part of a land exchange with a private developer to expand Pulaski Park/Dundee Island. Any comments made today from the public during the public portion will not be included in the minutes submitted to Green Acres; those comments should be made at the November 14, 2019 scoping hearing meeting. 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 Page 2 of 28 Passaic City Council November 7, 2019 Minutes 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. Harry Goldsmith, 8 Richard Street Constant noise Monday through Saturday from the Ferreira Company. They are using the site located at 268 Van Houten/Green Acres Land for depot road construction. Deeply disturbing for him and neighbors. He has reached out to Mayor and Council President to send letter to company for the immediate. It is a site for recreation/conservation purpose not for industrial use based on the Green Acres Land regulations. Supports for the reconstruction of Dundee area but there will be a loss for those who live by this area due to the land swap. Traffic, parking, sewage and privacy issues will arise. Does not support the Land Swap and the construction of an apartment complex. Ross London, 3 Henderson Street Emphasizes the need for Council members to keep the best interest of resident in mind. He is glad that there is a scheduled scoping hearing regarding the Land Swap to ensure that both the thoughts of residents and overall city are taken into consideration. Wants to see the redevelopment of Dundee Park, but views the swap as unnecessary. In addition, train track area is dangerous and owner has not taken proper care of the area for various years. The city must require the current owner to clean the land for the safety of residents. Mr. Sigil; Burgess Place Thanks the Mayor and assistance for helping with the past festival. The cooperation of all community members and city employees was a great thing to see. For the following years, he wishes to see more community members present in events for the betterment of all. Michelle Myler, 23 Richard street Not reasonable to build apartments at the Green Acres Land. Such location is not appropriate for traffic, parking, etc. It is vital to compare the possible issues with the benefits regarding the land swap. She wants to be ensured that there is complete transparency regarding this project to avoid anyone from being lied to or mislead. Thus, she expects members of the council to represent her and Passaic resident and not themselves. David ?, ,560 Passaic Ave He understands the need to rebuild Dundee Park, but not the purpose of the Land Swap. He believes the city must use eminent domain to complete the project. Rather than building a housing complex by Van Houten, there should be Page 3 of 28 Passaic City Council November 7, 2019 Minutes a public auction on the land. The land on Van Houten is worth a lot more than the land by the abandoned train tracks. Thus, the project seems suspicious due to the uncertainty of its outcome. Minnie Hilliard-Cousins, 368 Highland Avenue Thanking members of council and Mayor for their constant support for the veteran community. There will be an event in the Armory Park at 9am honoring those who have served and are serving this country. Councilman Terrence Love stepped down from the dais at 7:53pm Councilman Terrence Love took his seat at 7:55pm Doug Gotley, 15 The Circle Appreciates the upcoming project of Dundee Park, which is why he decided to live by the park. However, it is important to note that 3rd ward park is relatively small. Selling a part of this land is not convenient, when it can be created into a recreational area for residents to use. There are many who own property can create a financial struggle if a big complex is constructed on this area. The land swap contains multiple risks that will decrease the value of such area. Joe Conoscenti, 170 Broadway Rent leveling board commissioners, where are they? The COP administration has not completed the conversion 21 century exterior lighting, are they going to be repaired or replaced? Questioning if the ordinance changed in the city because people are parking on corners, yellow lines, corners, bus stops, and double parking with no tickets given. Loud music around the whole city is not being addressed since not tickets are being issued. Linda Sherman, 318 Van Houten Avenue Sees many parents and children walking pass the area of the prospective construction site. The project will cause unsafe conditions and traffic for residents, specifically for unsupervised children. The addition of more vehicles and trucks can cause more air pollution. Many bought houses in such area due to the residential aspect of it, adding a housing complex will create an urban area. After ample opportunity given and no one responding on a motion by Council Member Schaer 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: Councilman Patel requested the administration supply the public with a fact sheet regarding the Land Swap/Scoping Hearing. Page 4 of 28 Passaic City Council November 7, 2019 Minutes Council Member Munk stepped down from the dais at 8:12 pm 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. 2233-19 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 Garcia, 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: Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Munk After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Melo the public portion of the meeting was closed Council Member Munk took his seat on the dais at 8:18 pm ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Garcia 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: Page 5 of 28 Passaic City Council November 7, 2019 Minutes CITY OF PASSAIC ORDINANCE NO. 2234-19 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 Schwartz, 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 Garcia and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ COMMUNICATIONS AND PETITIONS: On a motion by Council Member Melo and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted City of Passaic, 330 Passaic Street, submitting the following applications: • (Administration), Family Festival, on Date: November 3, 2019), 2019 from 1:00 p.m. to 5:00 p.m. at Carnie Bragg Park (Main Avenue and Burgess Place) Page 6 of 28 Passaic City Council November 7, 2019 Minutes • (Administration), Movies in the Park, on November 1-2, 2019 from 5:00 p.m. to 7:00 p.m. in Garibaldi Plaza(Monroe Street and Dayton Avenue) • (Department of Human Services) Turkey Distribution, on November 15, 2019 from 8:30 a.m. to 1:30 p.m.in the City Hall Executive parking lot (Contingent Upon Departmental approvals) City of Passaic (Administration), submitting application to hold a Parade, on November 2, 2019 from 5:00 p.m. to 6:30 p.m. The parade will commence Garibaldi Plaza (Monroe Street and Dayton Avenue) travel to First Street to Passaic Street to Market Street, to Monroe Street ending at Garibaldi Plaza Fundación Projecto Latino, 211 Lexington Avenue, submitting an application to hold an Art and Health Fair, on November 10, 2019 from 1:00 p.m. to 5:00 p.m. at the corner of Harrison Street and Lexington Avenue. (Contingent Upon Departmental approvals) 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 Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Hector C. Lora, Mayor, submitting memorandum appointing Matthew Coppola to the UEZ Board for a (3) year term. The term will commence immediately and expire February 28, 2022. City of Passaic, submitting notice of their Scoping Hearing scheduled for November 14, 2019 at 7:00 p.m. in the City Council Chambers re: City of Passaic has contacted the New Jersey Department of Environmental Protection, Green Acres Program, regarding a proposal to dispose of 1.44 acres of Veterans Memorial Third Ward Park as part of a land exchange with a private developer to expand Pulaski Park/Dundee Island. Page 7 of 28 Passaic City Council November 7, 2019 Minutes ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: VIII. DISCUSSION ON: AUTHORITIES AND AGENCIES” AS PER THE STATE OF NEW JERSEY BEST PRACTICE At this point council acknowledge for the record the receipt and the filing of the document to the State followed by brief discussion led by the Administrator. RESOLUTIONS: THE FOLLOWING RESOLUTION WAS MOVED TO THE END OF THE AGENDA On a motion by Council Member Munk and seconded by Council Member Melo the following RESOLUTION WAS MOVED TO THE END OF THE AGENDA: RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON NOVEMBER 7, 2019 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: THE FOLLOWING RESOLUTION WAS MOVED TO THE END OF THE AGENDA On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS MOVED TO THE END OF THE AGENDA RESOLUTION AUTHORIZING APPROVAL OF THE STIPULATION OF SETTLEMENTS FOR 9-37 FALSTROM COURT AND 10-30 FALSTROM COURT ($140,464.46) ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION Page 8 of 28 Passaic City Council November 7, 2019 Minutes On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-11-325 RESOLUTION AUTHORIZING APPLICATION TO THE UNIVERSITY OF BALTIMORE COMBATING OPIOID OVERDOSE THROUGH COMMUNITY-LEVEL INTERVENTION PROGRAM WHEREAS, the City of Passaic is seeking to apply for the University of Baltimore’s Combating Opioid Overdose through Community-Level Intervention Program, which provides funding to undertake research activities that entail implementing and evaluating community-based efforts to fight the opioid-involved overdose epidemic; and support and promote the partnership of law enforcement and public health agencies, whose collaboration is critical to reducing overdose and other harms of opioid-involved (mis)use; and WHEREAS, said grant program will award up to $150,000 in funding in support of these initiatives; and WHEREAS, said grant requires no matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the University of Baltimore’s Combating Opioid Overdose through Community-Level Intervention Program. BE IT FURTHER RESOLVED that the Passaic Alliance, Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the University of Baltimore. ------------------------------------------------------------ Page 9 of 28 Passaic City Council November 7, 2019 Minutes CITY OF PASSAIC RESOLUTION NO. 19-11-326 RESOLUTION REJECTING BIDS FOR PRINTING SERVICES YEAR 2019-2020 CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Friday, October 11, 2019 for RE-BID PRINTING SERVICES YEAR 2019-2020; and WHEREAS, bids were 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 bids: Indiana Printing & Premium Productions Urner Barry Publishing Pleasantville, NY Toms River, NJ Indiana, PA DataMatx Centurion Printing Jersey Printing Assoc. Ashland, VA Kenilworth, NJ Atlantic Heights, NJ Prime Vendor Courier Printing Corp. Imprimex North Carolina Deposit, NY Passaic, NJ Graphic Image Election Systems & eRepublic Danenberg, CT Software Folsom, CA Omaha, NE WHEREAS, bids if awarded will result in expenditures that exceed the City’s estimates for these goods; and WHEREAS, these goods do not exceed the bid threshold, therefore, prices will be obtained as needed. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids received for Printing Services Year 2019-2020 be rejected. ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-327 RESOLUTION AWARDING CONTRACT FOR ROOF REPLACEMENT AT EASTSIDE FIREHOUSE, AND SENIOR CITIZENS CENTER CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Wednesday, October 2, 2019 for Roof Replacement Page 10 of 28 Passaic City Council November 7, 2019 Minutes at Eastside Firehouse and Senior Citizens Center, Passaic, NJ; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications were picked up from the following, none of whom submitted a bid: Dodge Date & Analytics USA General Contractors VMG Group Arlington, TX Elizabeth, NJ Roselle, NJ Mark Group Clifton, NJ WHEREAS, it is the recommendation of Mark J. Sobeck Roof Consulting, Inc. that the lowest responsible, responsive bidder, Advanced Roofing & Sheet Metal, Inc. of Belleville, NJ be awarded the contract as per the following: Base Bid: $127,500.00 Eastside Firehouse House 20 yr. 60 Mil EPDM Roof System Alternate #2: $ 7,200.00 Eastside Firehouse 30 Yr. 90 Mil EPDM Roof System Total: $134,700.00 Alternate #1: $ 96,000.00 Senior Citizens Center 20 yr. 60 Mil EPDM Roof System Alternate #3: $ 6,300.00 Senior Citizens Center 30 yr. 90 Mil EPDM Roof System Total: $102,300.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Roof Replacement at Eastside Firehouse and Senior Citizens Center be awarded to Advanced Roofing & Sheet Metal, Inc. in the total amount of $ 237,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # C-04-55-980-018-ESF in the amount of $ 134,700.00 and Account #C-04-55-980-018-SRC in the amount of $102,300.00. Page 11 of 28 Passaic City Council November 7, 2019 Minutes ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-328 RESOLUTION AWARDING CONTRACT FOR AN AUTHORIZED PRIVATE ON-SITE INSPECTION AGENCY TO SERVE AS ELEVATOR SUBCODE OFFICIAL CITY OF PASSAIC WHEREAS, the City of Passaic is required to make provision for the inspection of elevators either through the employment of an elevator sub code official or the engagement of an on-site inspection agency approved by the City of Passaic; and WHEREAS, the City of Passaic has elected to utilize the services of an on-site inspection agency; and WHEREAS, the City of Passaic, in conformity with N.J.A.C. 5:23-4.12. – 4.13 and N.J.A.C. 5:23-12.1 et seq., sought written, sealed bids from authorized on-site agencies; and WHEREAS, a bid was received by the Director of Purchasing, on October 16, 2019 as per the attached; and WHEREAS, the City of Passaic requires an administrative fee of 55% in addition to the On-Site Inspection Agency percentage fee; and WHEREAS, Municipal Inspection Corp, of Bayonne, NJ submitted a responsible, responsive bid; that being 50 % of the New Jersey State Uniform Construction Code fee schedule as mandated in N.J.A.C. 5:23-4.20; and WHEREAS, the Construction Official, after reviewing said bid, has recommended Municipal Inspection Corp, of Bayonne, NJ be awarded the contract. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the Mayor and City Clerk are authorized to execute an agreement with Municipal Inspection Corp. of Bayonne, NJ, for an Authorized Private On-Site Inspection Agency to Serve as Elevator Subcode Official at a rate of 50% of the New Jersey State Uniform Construction Code Fee schedule for a period of One (1) Year with an option to renew at the City’s discretion for two (2) one (1) year Page 12 of 28 Passaic City Council November 7, 2019 Minutes contracts or one (1) two (2) year contract at no increase in annual cost on a form approved by City Attorney. ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-329 RESOLUTION AWARDING CONTRACT FOR BULK ROCK SALT 2019-2020 WINTER SEASON WHEREAS, the City of Passaic and the County of Passaic have entered into a Cooperative Purchasing Pricing agreement for certain supplies; and WHEREAS, the City of Passaic desires to purchase bulk rock salt utilizing the Passaic County Cooperative Pricing System; and WHEREAS, the bid received under the Passaic County Cooperative Pricing System from Chemical Equipment Labs of DE, Inc. is the lowest responsible, responsive bid at $ 55.91/ton, for approximately 3000 tons at a not to exceed amount of $167,730.00 effective December 1, 2019 through November 30, 2020; and WHEREAS, due to past severe winter seasons, the City of Passaic, also has the ability to purchase from Somerset Cooperative Purchasing from Atlantic Salt, Lowell, MA at a price of $57.57/ton with no prior commitment; and WHEREAS, for an additional pricing comparison the NJ State Contract pricing was compared and found that the low bidder for delivery of rock salt to Passaic County was $87.25/ton; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract be awarded from Chemical Equipment Labs of DE, Inc. at a price of $ 55.91/ton, for approximately 3000 tons for a not to exceed amount of $167,730.00 effective December 1, 2019 through November 30, 2020; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City hereby award the contract for bulk Chemical Equipment Labs of DE, Inc. at a price of $ 55.91/ton, for approximately 3000 tons for a not to exceed amount of $167,730.00, and the City also has the ability to purchase from Somerset Cooperative Purchasing from Atlantic Page 13 of 28 Passaic City Council November 7, 2019 Minutes Salt, Lowell, MA at a price of $57.57/ton, effective December 1, 2019 through November 30, 2020; and BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total quantity of rock salt from Chemical Equipment Labs of DE or Atlantic Salt of Lowell, MA. These commodities will be ordered on an as needed basis; and BE IT FURTHER RESOLVED by the City Council that the Mayor and City Clerk are authorized to execute a contract for same, on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Funds are available for the above in Acct. #9-01-26-290-000-131 and subsequent 2020 budget pending approval by the City Council ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-330 RESOLUTION AWARDING CONTRACT FOR WINDOW AND SKYLIGHT RESTORATION EASTSIDE FIREHOUSE PASSAIC, NJ WHEREAS, bids were received by the Division of Purchasing on Tuesday, September 10, 2019 for Window and Skylight Restoration - Eastside Firehouse, Passaic, NJ; and WHEREAS, the attached bids were received; and WHEREAS, in addition to the attached, specifications were picked up by the following vendors, none of whom submitted bids: Arista Renovation Construct Connect Bethpage, NY Norcross, GA WHEREAS, it is the recommendation of Herbst Musciano Architects, Boonton, NJ that the lowest responsible, responsive bidder, A1 Construction of N. Bellmore, NY be awarded the contract in the amount of $ 377,265.00 inclusive of Alternate 1 (Basement Side Entrance – Removal & Provide New Door & Sidelight Assembly). NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Window and Skylight Restoration - Eastside Firehouse, Passaic, NJ be awarded to Page 14 of 28 Passaic City Council November 7, 2019 Minutes A1 Construction of N. Bellmore, NY in the amount of $ 377,265.00 inclusive of Alternate 1 (Basement Side Entrance – Removal & Provide New Door & Sidelight Assembly). BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by Corporation Counsel. CERTIFCATION OF FUNDS Funds for the above are available in Bond Ord. #2169-18 - Acct. #C-04-55-980-018-ESF. ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-331 RESOLUTION AUTHORIZING REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS WHEREAS, Resolution #18-09-287 adopted on September 5, 2018, awarded the City of Passaic reprogrammable Community Development Block Grant (CDBG) funds from fiscal years 2014, 2015 and 2017 and, WHEREAS, a portion of those funds; THIRTEEN THOUSAND THREE HUNDRED EIGHTY-FOUR DOLLARS AND TWENTY THREE CENTS ($13,384.23) funded the Fiscal Year 2018/2019 Security Guard Training Program and, WHEREAS, the program has now been successfully completed and there is currently a balance of THREE THOUSAND THIRTY-FIVE DOLLARS AND SEVENTY SEVEN CENTS ($3,035.77) available for reprogramming and, Fiscal Balance to Be Year City Account # Activity Name Reprogrammed 2018/2019 B-12-44-BG8-152-875 Security Guard Training $3,035.77 TOTAL $3,035.77 WHEREAS, the City wishes to add these funds to the 2019/2020 Action Plan activity, Commercial Driving License (CDL) Training Program, which will help increase the number of participants NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the total CDBG reprogrammable amount of THREE THOUSAND THIRTY-FIVE DOLLARS AND SEVENTY-SEVEN CENTS ($3,035.77) be reallocated as follows: Page 15 of 28 Passaic City Council November 7, 2019 Minutes Reprogrammed Activity Name Funding Amnt. (*New) 2019/2020 CDBG Eligible program; affording residents the CDL Training Program $3,035.77 opportunity to gain training leading to potential job opportunities TOTAL $3,035.77 BE IT FURTHER RESOLVED that the Mayor of the City of Passaic, as Certifying Officer, is hereby authorized as follows: (a) To request the City Council of the City of Passaic to modify any portion of the attached budget should any comment be received during the public comment period; and (b) To file the 2017 Action Plan submission of the Consolidated Plan 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 (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 The Secretary of Housing and Urban Development is hereby assured of full compliance by the City of Passaic. ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-332 RESOLUTION APPOINTING MEMBER TO THE PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION BOARD OF TRUSTEES WHEREAS, the Mayor appoints and appoint member to the Passaic Enterprise Zone Development Corporation (PEZDC) Board of Trustees with the advice and consent of the Council; and WHEREAS, the Mayor proposes to appoint the following Members: Name Address Term Expires Matthew Coppola 35 Addison Avenue, Rutherford, NJ 2/28/22 Page 16 of 28 Passaic City Council November 7, 2019 Minutes NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the appointments and appointments made by the Mayor as listed in this resolution. ------------------------------------------------------------ CITY OF PASSAIC RESOLUTION NO. 19-11-333 RESOLUTION – BUDGET TRANSFERS CALENDAR YEAR 2019 BE IT RESOLVED by the City Council of the City of Passaic in the County of Passaic and State of New Jersey, that, the following transfers are to be made from the Calendar Year 2019 Municipal Budget Appropriations: FROM TO DPW OE 100,000.00 DPW S&W 44,000.00 Administration OE 10,000.00 Tax assessor OE 34,000.00 Health Dept OE 24,000.00 Engineering OE 24,000.00 Police OE 20,000.00 Bldgs & Grounds OE 28,000.00 Sr.Citizens OE 4,000.00 TOTAL 144,000.00 144,000.00 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. 2235-19 ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” 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, Page 17 of 28  Passaic City Council November 7, 2019 Minutes 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that Chapter 295 "Vehicles and Traffic" is hereby amended as follows: SECTION I 295-36.1 Loading or unloading passengers at Certain Locations and During Certain Hours shall be amended to add the following: Name of Street Side Location Hours/Days 255 Madison South Beginning at a point 43 “No Parking when Street feet east of the easterly School is in curbline of Leonard Place Session” School #21 and extending to a point Sonia Sotomayor 163 feet westerly therefrom SECTION IV This ordinance shall take effect upon final passage and publication as provided by law. Council Member Love moved the ordinance be heard for second reading on December 3, 2019 because of a technicality with The Herald News which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer Page 18 of 28  Passaic City Council November 7, 2019 Minutes ABSENT: CITY OF PASSAIC ORDINANCE NO. 2236-19 ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that Chapter 295 "Vehicles and Traffic" is hereby amended as follows: SECTION I 295-36.1 Loading or unloading passengers at Certain Locations and During Certain Hours shall be amended to add the following: Name of Street Side Location Hours/Days 70 Parker Avenue East Beginning at a point of “No Parking when the northerly curbline of School is in Dayton Avenue Jackson Street and Session” Educational extending to a point 44 Campus feet northerly therefrom 70 Parker Avenue East Beginning at a point of “No Parking when the southerly curbline of School is in Dayton Avenue Jackson Street and Session” Educational extending to a point 125 Page 19 of 28  Passaic City Council November 7, 2019 Minutes Campus feet southerly therefrom SECTION IV This ordinance shall take effect upon final passage and publication as provided by law. Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on December 3, 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. 2237-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 440 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: Page 20 of 28  Passaic City Council November 7, 2019 Minutes DELETION: NAME OF STREET SIDE LOCATION PLATE # 121 Gregory North (Penninton Avenue) B13KZX Avenue Beginning at a point 35 feet west of the westerly curbline of Gregory Avenue and extending to a point 2 feet westerly therefrom 372 Highland North Beginning at a point 238 B13ATV Avenue feet east of the easterly curbline of Federal Street and extending to a point 22 feet westerly therefrom 22 Irving Place East Beginning at a point 210 HP4872 feet north of the northerly curbline of Broadway and extending to a point 25 feet northerly therefrom 281 Madison Avenue South Beginning at a point 175 D79FPH feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 182 Myrtle Avenue East Beginning at a point 30 KWP22R feet north of the northerly curbline of Autumn Street and extending to a point 20 feet northerly therefrom 389 Paulison West Beginning at a point 80 D77HPB Avenue feet south of the southerly curbline of Page 21 of 28  Passaic City Council November 7, 2019 Minutes Grant Street and extending to a point 22 feet southerly therefrom 77 Quincy Street South Beginning at a point 115 ZTW22T feet east of the easterly curbline of Columbia Avenue and extending to a point 22 feet westerly therefrom 9-11 Steyn Place East Beginning at a point 150 HT2876 feet south of the westerly curbline of McKinley and extending to a point 21 feet westerly 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 # 121 Gregory Avenue South Beginning at a point 72 B13KZX feet west of the westerly curbline of Pennington Avenue and extending to a point 22 feet westerly therefrom 59 Myrtle Avenue West Beginning at a point 48 T55CYF feet north of the northerly curbline of Page 22 of 28  Passaic City Council November 7, 2019 Minutes Monroe Street and extending to a point 23 feet northerly therefrom 182 Myrtle Avenue East Beginning at a point 30 Z40LXY feet north of the northerly curbline of Autumn Street and extending to a point 20 feet northerly therefrom 389 Paulison West Beginning at a point 80 B97JMC Avenue feet south of the southerly curbline of Grant Street and extending to a point 22 feet southerly therefrom 13 Pine Street West Beginning at a point 125 D19AML feet north of the northerly curbline of McKinley Street and extending to a point 22 feet northerly therefrom 7 Speer Avenue South Beginning at a point 49 5425HG feet west of the westerly curbline of Willet Street and extending to a point 22 feet westerly therefrom 9-11 Steyn Place East Beginning at a point 150 R56LME feet south of the southerly curbline of McKinley Street and extending to a point 21 feet southerly therefrom 132 Washington North Beginning at a point 240 W76LPH Place feet west of the westerly curbline of Columbia Avenue and extending to a point 22 feet westerly Page 23 of 28 Passaic City Council November 7, 2019 Minutes therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on December 3, 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. 2238-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS WHERE AS the total number of restricted parking for use by Handicapped Persons as per last resolution was 26 Generic Handicapped Parking Spaces. WHERE AS the total number of restricted parking for use by Handicapped Persons as per this resolution is 25 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: Page 24 of 28  Passaic City Council November 7, 2019 Minutes NAME OF STREET SIDE LOCATION 39 Rutgers Place South Beginning at a point 138 feet west of the westerly curbline of Park Avenue and extending to a point 22 feet south therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on December 3, 2019. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: PAYMENT OF BILLS On a motion by Council Member Melo and seconded by Council Member Love the PAYMENT OF BILLS, including Purchase Order No. 19-05538, was accepted and approved ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: MAYOR’S REPORT • Mayor Lora stated that the Veterans event planned last minute, will be held in Armory Park on Friday at 9:00 a.m. THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Munk and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-11-334 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON NOVEMBER 7, 2019 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS RE: potential ligation and settlement agreement Page 25 of 28 Passaic City Council November 7, 2019 Minutes 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; 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 2. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations 3. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 4. This Resolution shall take effect immediately. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ On a motion by Council Member Love and seconded by Council Member Garcia the City Council reconvened ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 19-11-335 RESOLUTION AUTHORIZING APPROVAL OF THE STIPULATION OF SETTLEMENTS FOR 9-37 FALSTROM COURT AND 10-30 FALSTROM COURT WHEREAS, it is upon the advice and recommendation of the City Tax Counsel and Tax Assessor to seek formal approval Page 26 of 28 Passaic City Council November 7, 2019 Minutes of the Stipulation of Settlement for the property matters pending before the Tax Court of New Jersey; and WHEREAS, there has been a proposed Stipulation of Settlement for the Property owned by Falstrom Company located at 9-37 Falstrom Court, otherwise known as Block 1321, Lot 1, and Block 1321, Lot, T1 on the Tax Map of the City of Passaic; and WHEREAS, there has been a proposed Stipulation of Settlement for the Property owned by Falstrom Company located at 10-30 Falstrom Court, otherwise known as Block 1321.01, Lot 20 on the Tax Map of the City of Passaic; and WHEREAS, the proposed Stipulation of Settlement attached hereto covers the 2016, 2017, 2018, and 2019 tax year; and WHEREAS, the total cash refund in this matter is $140,464.46; and WHEREAS, it is in the best interest of the City to approve the proposed Stipulation of Settlements. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City Tax Counsel is hereby authorized and directed to execute any and all documents necessary in order to facilitate the payment for the Stipulations of Settlement; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. ROLL CALL AYES: Munk, Love, Melo, Patel, Schwartz, Garcia, CP Schaer ABSENT: ------------------------------------------------------------ Page 27 of 28 Passaic City Council November 7, 2019 Minutes ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Melo the meeting was adjourned at 10:05 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 Page 28 of 28