City Council

City Council Agenda: December 17, 2019 City of Passaic New Jersey CITY COUNCIL WORK SESSION 5:30 P.M. REGULAR MEETING AGENDA December 17, 2019 7:00 P.M. 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 I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. PRESENTATIONS:  CITY OF PASSAIC PARKING AUTHORITY 2018-2019 V. PROCLAMATIONS/RECOGNITIONS:  PROCLAMATION FOR JAMAHL WILLIAMS  HONORARY DEPUTY MAYORS OF YOUTH SWEARING IN CEREMONY: LISBERMA PERALTA AND AMY ZAREBCZAN VI. RESOLUTIONS – HONORARY DEPUTY MAYOR OF YOUTH 1. RESOLUTION APPOINTING AMY ZAREBCZAN AS HONORARY DEPUTY MAYOR OF YOUTH 2. RESOLUTION APPOINTING LISBERMA PERALTA AS HONORARY DEPUTY MAYOR OF YOUTH VII. MINUTES: December 3, 2019, City Council meeting. VIII. HEARING OF CITIZENS 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. IX. ORDINANCE FOR SECOND AND FINAL READING( HEARING IS REQUIRED) 3. ORDINANCE NO. 2239-19 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER City Council Meeting Agenda: December 17, 2019 X. COMMUNICATIONS AND PETITIONS: 4. Satellite Sales Inc., 794 Main Avenue, submitting application to renew their Entertainment License for the year 2020. (with Council conditions as per Resolution 9503-03) 5. Video Xcitement, 701 Main Avenue, submitting application to renew their Entertainment License for the year 2020. (with Council conditions as per Resolution 9504-03) 6. Reality Alliance, 53-55 Lexington Avenue, submitting application to renew their Entertainment License for the year 2020. (with Council conditions as per Resolution 9502-03) 7. Rack-N-Roll, 212 Washington Place, submitting application to renew their Entertainment License for the year 2020. 8. Rack-N-Roll, 212 Washington Place, submitting application to renew their Arcade License for the year 2020. 9. The Roman Place, 194B Jefferson, submitting application to renew their Entertainment License for the year 2020. 10. Don Jose Party Rental, 75 Lexington Avenue, submitting application to renew their Entertainment License for the year 2020. 11. Don Jose Party Rental, 287 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 12. Cazadores, LLC t/a Mandala Bar, 246 Third St. submitting application to renew their Entertainment License for the year 2020. (with Council conditions Resolution 16-03-068 13. Los Arcos Restaurant, 305 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 14. Polish People’s Home, 1-3 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 15. 40 Brighton Avenue, LLC t/a Silk, 40 Brighton Avenue, submitting application to renew their Entertainment License for the year 2020. 16. Francisco Lozano t/a De Puebla A Vera Cruz, 196 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 17. David’s Place Corp. t/a David’s Place, 361 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 18. La Rancherita Bar, 22 Jackson Street, submitting application to renew their Entertainment License for the year 2020. 19. The Grand Sarita, LLC, 82 President Street, submitting application to renew their Entertainment License for the year 2020. 20. El Asadero Mexican Grill, 305 Passaic Street, submitting application to renew their Entertainment License for the year 2020. 21. Alexa, LLC t/a El Alamo Bar, 262 Passaic Street, submitting application to renew their Entertainment License for the year 2020. 22. Ukrainian Center, 240 Hope Avenue, submitting application to renew their Entertainment License for the year 2020. 23. DMM INN, Inc. t/a Foxes Place, 201 Parker Avenue, submitting application to renew their Entertainment License for the year 2020. 2 City Council Meeting Agenda: December 17, 2019 24. Missameach, LLC t/a The Bright Stone, 201 Randolph Street, submitting application to renew their Entertainment License for the year 2020. 25. Velvar, LLC t/a Tulcingo’s Bar, 159 Market Street , submitting application to renew their Entertainment License for the year 2020. 26. Sevilla Restaurant, 505 Main Avenue, submitting application to renew their Entertainment License for the year 2020. 27. Michelle Nicolette and Lewis, LLC t/a Rumba Bar, 234 Monroe Street, submitting application to renew their Entertainment License for the year 2020. 28. Simon Quintana, LLC t/a Club SQ, 40 Third Street, submitting application to renew their Entertainment License for the year 2020. 29. Mama Sushi, 663 Main Avenue, submitting application to renew their Entertainment License for the year 2020. 30. AMZEP, LLC t/a El Grand Rodeo Bar, 182 Third Street, submitting application to renew their Entertainment License for the year 2020. (with Council conditions as per Resolution 13-03-066A) 31. Albert Lawson Memorial VFW Post 10117, 135 Summer Street, submitting application to renew their Entertainment License for the year 2020. 32. Anais Lounge, 52 Garden Street, submitting application to renew their Entertainment License for the year 2020. 33. Selena’s Restaurant, LLC, 272 Passaic Street, submitting application to renew their Entertainment License for the year 2020. (with Council conditions as per Resolution 15-03-051) 34. El Elegant Lounge, 35 Broadway, submitting application to renew their Entertainment License for the year 2020. 35. Mt. Carmel R.C. Church, 10 St. Francis Way, submitting application to hold a Religious Procession on December 15, 2019 from 1:30 p.m. to 2:00 p.m. The Procession will commence at 10 St. Francis Way travel to Pennington Avenue, to Main Avenue to Passaic Street to State Street at Pennington Avenue ending at 10 St. Francis Way. 35a. Factory 220 LLC, 220 Passaic Street, submitting application to renew their Entertainment License for the year 2020. 35b. City of Passaic (Department of Recreation), 330 Passaic Street, submitting application to hold a Breakfast with Santa, on December 21, 2019 from 9:00 a.m. to 1:00 p.m. in the Passaic Senior Center. (Contingent Upon Department Approvals) 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. 36. Hon. Hector C. Lora, Mayor, submitting memorandum appointing Henry Navarro To the Passaic Housing Authority Commissioner to commence immediately and expire December 31, 2021. 37. Edwin Perez, submitting letter of resignation from the Passaic Housing Authority Commission. 38. Millennium Strategies Monthly Activity Report November 2019 39. Personnel Action Forms November 2019 40. City of Passaic Municipal Court, submitting Monthly Report For November 2019 3 City Council Meeting Agenda: December 17, 2019 41. Paul A. Sarlo, Senator 36 District, submitting correspondence re: NJDOT Municipal Aid Grant in the amount of $700,000 for Roadway Preservation for the city of Passaic Various Streets Improvement 42. Passaic Board of Education, submitting the following:  Notice of meeting location change of their December 16, 2019 meeting. 43. Planning Board of the City of Passaic submitting the following:  Agenda of their December 4, 2019  Meeting dates for the year 2020 44. Zoning Board of Adjustment of the City of Passaic submitting the following:  Agenda of their December 10, 2019 meeting.  Meeting dates for the year 2020 45. Practical Environmental Solutions, LLC, submitting correspondence re: 22 Van Winkle Avenue, Passaic, Receptor Evaluation Form and Certification Form. 46. NJ Department of Transportation, submitting correspondence re: Fiscal Year 2020 Municipal Aid Program – 2020 Various Streets Improvements Project in the amount of $883,174.00. 47. Department of Environmental Protection, submitting the following:  Correspondence re: Soil Remedial Action Permit Transfer/Change Property Ownership -236 Monroe Street Former R&S Strauss.  Correspondence re: Community Id: 340403; City of Passaic, Flood Damage Prevention Ordinance 48. Borough of East Rutherford, submitting the following:  Ordinance No. 2019-19 An Ordinance of the Borough of East Rutherford Authorizing the Acquisition of Real Property Know as Block 8, Lot 4 on the Borough of East Rutherford By Purchase or, Necessary, Eminent Domain  Ordinance No. 2019-20- An Ordinance Amending the Code of the Borough of East Rutherford Specifically Article IX 389-54C of the Land Use and Zoning Ordinance for the Borough of East Rutherford entitled “Affordable Housing Overlay Zone”  Ordinance No. 2019-21- An Ordinance Amending And Supplementing 389-56 Of Article IX Of The Land Use And Zoning Ordinance For The Borough Of East Rutherford Respecting The Establishments Of Affordable Housing Overlay Zone C 49. Board of Chosen Freeholders, submitting Resolution No. R-19-1001 –Resolution Encouraging Municipalities within the county of Passaic to consider A Trap Neuter- Return (TNR) Program for Feral Cat 50. City of Passaic Redevelopment Agency, submitting the following:  Notice cancelling their December 12, 2019 meeting.  Synopsis of the Audit Years ended December 31, 2018 and 2017 comparative statement of the Net Position as of December 31, 2018 and 2017 XI. RESOLUTIONS: 51. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON DECEMBER 17, 2019 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 52. RESOLUTION APPROVING AMUSEMENT GAMES FOR 212 WASHINGTON PLACE CORP. T/A RACK N ROLL, 212 WASHINGTON ST. PASSAIC, NJ. (BLOCK 1130, LOT 31), FOR LICENSING YEAR 2020 53. RESOLUTION AWARDING CONTRACT FOR TAX APPEAL ATTORNEY CITY OF PASSAIC (awarded to Cleary Giacobbe Alfieri Jacobs, Oakland, NJ at a rate of $ 125.00/hour in an amount not to exceed $ 150,000.00 for the calendar year January 1, 2020 through December 31, 2020.) 4 City Council Meeting Agenda: December 17, 2019 54. RESOLUTION AWARDING CONTRACT FOR CITY PLANNER CITY OF PASSAIC (Awarded to Plan 2 Consultants, Hawthorne, NJ for an hourly rate of $ 100.00/hr. not to exceed $ 15,000.00.) 55. RESOLUTION AWARDING CONTRACT FOR TAX APPEAL APPRASIER CITY OF PASSAIC (Awarded to McNerney & Associates, of Glen Rock, NJ at an hourly rate of $ 100.00 in an amount not to exceed $ 40,000.00 for the period January 1, 2020 through December 31, 2020.) 56. RESOLUTION AUTHORIZING CONTRACT FOR CONSULTANT/ CLINICAL SUPERVISOR FOR SUBSTANCE ABUSE TREATMENT PROGRAM ( Awarding contract to Dianne DeValve of West Caldwell in the amount of $75.00/hour not to exceed $40,000.00 for the period January 1, 2020 through December 31, 2020) 57. RESOLUTION AWARDING CONTRACT FOR PHYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM (Awarded to Dr. Trivedi, of Flemington, NJ, in the amount of $300.00/hour not to exceed $48,000.00 for the period January 1, 2020 through December 31, 2020.) 58. RESOLUTION AWARDING CONTRACT FOR AUDITING SERVICES CITY OF PASSAIC (Awarded to Lerch Vinci & Higgins of Fairlawn, NJ in the amount of $68,000.00 for Statutory Annual Audit of the City’s Financial Statements and $10,00.00.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2020 through December 31, 2020.) 59. RESOLUTION AWARDING CONTRACT FOR GRANTS CONSULTANT CITY OF PASSAIC (Awarded to Millennium Strategies of Caldwell, NJ in the amount of $ 6,500.00/month for a not to exceed amount of $ 78,000.00 for the calendar year January 1, 2020 through December 31, 2020. 60. RESOLUTION AWARDING CONTRACT FOR LABOR COUNSEL CITY OF PASSAIC (Awarded to Jasinski, P.C. Newark, NJ, in the amount of $120.00/hour in an amount not to exceed $175,000.00 for the period year January 1, 2020 through December 31, 2020.) 61. RESOLUTION AWARDING CONTRACT FOR GENERAL LEGAL COUNSEL CITY OF PASSAIC (Awarded to Florio Kenny Raval, Hoboken, NJ in the amount of $125.00/hour in an amount not to exceed $ 350,000.00 for the period January 1, 2020 through December 31, 2020) 62. RESOLUTION AWARDING CONTRACT FOR FOUR (4) MUNICIPAL COURT PUBLIC DEFENDERS CITY OF PASSAIC (Awarded to Salvatore Bellomo, Totowa, NJ, Michael Maher, Hackensack, NJ, Curt Geisler, Garfield, NJ and J Baker Law Office, East Orange, NJ in the amount of $150.00/session with a total amount not to exceed $ 100,000.00 inclusive of all four (4) public defenders for the period January 1, 2020 through December 31, 2020) 63. RESOLUTION AWARDING CONTRACT FOR BOND COUNSEL (Awarded to Waters, McPherson, McNeill, Secaucus, NJ in an amount not to exceed $ 30,000.00 for the period January 1, 2020 through December 31, 2020.) 64. RESOLUTION AWARDING CONTRACT FOR THREE (3) MUNICIPAL COURT PROSECUTORS CITY OF PASSAIC (Awarded to Eric Bernstein & Associates, Warren, NJ, Law Office of Vincenzo Stampone, Haledon, NJ and Reddin Masri, LLC, Totowa, NJ in the amount of $ 200.00/session and $225.00/DWI session with a total contract amount for all three (3) prosecutors not to exceed $ 135,000.00 for the period January 1, 2020 through December 31, 2020.) 65. RESOLUTION AWARDING CONTRACT FOR SPAYING/ NEUTERING VETERINARY SERVICES FOR DOGS AND CATS (awarded to Rutherford Animal Hospital of Rutherford, NJ in the amount of $80.00 for female cat spaying, $55.00 for male cat neutering, and $130.00 for both female dog spaying and male dog neutering in an amount not to exceed $ 6,000.00 for the period January 1, 2020 through December 31, 2020. 5 City Council Meeting Agenda: December 17, 2019 66. RESOLUTION REJECTING PROPOSALS FOR CONFLICTS COUNSEL 67. RESOLUTION AWARDING CONTRACT FOR PEDIATRIC PHYSICIAN SERVICES (awarded to Dr. Jedlinski, and Dr. Rodulfo Moises, a member of Allwood Pediatrics at a cost of $75.00/hour for each pediatrician, at a total cost not to exceed $60,000.00 inclusive of both pediatricians for the period January 1, 2020 through December 31, 2020.) 68. RESOLUTION AWARDING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DIVISION OF ENGINEERING (awarded to Boswell Engineering in an amount not to exceed $85,000.00 and an hourly rate of $207.00/hr. for Zoning and Planning Board Applicants.) 69. RESOLUTION AWARDING CONTRACT FOR RISK MANAGEMENT CONSULTANT/ BROKER MEDICAL, DENTAL, VISION AND PRESCRIPTION INSURANCE (CURRENT AND RETIREE EMPLOYEES) (awarded to Fairview Insurance Agency, Verona, NJ for a commission amount not to exceed 3.5% of Annual Premium and/or $ 60,000.00 whichever is less, for the period January 1, 2020 through December 31, 2020.) 70. RESOLUTION AWARDING CONTRACT FOR COUNSEL FOR ENFORCEMENT AND COLLECTION OF FORFEITED BAIL BONDS- LEGAL (Awarded to Christopher J. Kane Esq., of Hackensack, NJ on a contingency basis of 20% of the amount collected.) 71. RESOLUTION AWARDING CONTRACT FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH EVENING SESSIONS (awarded to Minerva Perez, of Clifton, NJ in the amount of $188.53 per session with a not to exceed amount of $ 20,738.30) 72. RESOLUTION REJECTING BID FOR FURNISHING AND DELIVERY OF TWO (2) 2020 HARLEY DAVIDSON POLICE ELECTRA GLIDE FLHTP MOTORCYCLES OR APPROVED EQUAL 73. RESOLUTION AUTHORIZING THE ADOPTION OF THE EMPLOYEE HANDBOOK OF THE CITY OF PASSAIC AND MEMORIALIZING THE CITY OF PASSAIC’S PERSONNEL POLICIES 74. RESOLUTION REAPPOINTING MEMBER TO THE PASSAIC HOUSING AUTHORITY (Daniel Rodriguez) 75. RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PASSAIC DIVISION OF HEALTH AND THE CITY OF CLIFTON HEALTH DEPARTMENT 76. RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A 2020 PASSAIC PROBATION DIVISION COMMUNITY SERVICE PROGRAM WORK SITE AGREEMENT 77. RESOLUTION – BUDGET TRANSFERS CALENDAR YEAR 2019 78. RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE RECOMMENDATION OF THE PLANNING BOARD FOR THE REHABILITATION EFFORTS CONCERNING BLOCK 2144, LOT 1 WHICH IS LOCATED AT 559 MAIN AVENUE 79. RESOLUTION AMENDING RESOLUTION #18-06-197 TO INCLUDE BLOCKS 5000 LOT 1 AND 5000.01 LOT 1 (99-111 PASSAIC STREET) AS AN AREA IN NEED OF REDEVELOPMENT AS PREVIOUSLY RECOMMENDED BY THE CITY OF PASSAIC PLANNING BOARD; DESIGNATING THE SUBJECT PROPERTY AS AN AREA IN NEED OF REDEVELOPMENT AND DIRECTING THE PLANNING BOARD TO PREPARE AND ADOPT A REDEVELOPMENT PLAN 6 City Council Meeting Agenda: December 17, 2019 80. RESOLUTION AUTHORIZING LEASE AGREEMENT WITH PASSAIC BOARD OF EDUCATION FOR USE OF PARKING LOT ADJACENT TO WILLIAM B. CRUISE VETERANS MEMORIAL SCHOOL #11 81. 2019-2020 RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH PASSAIC BOARD OF EDUCATION FOR EMERGENCY USE OF SCHOOL BUILDINGS AND FACILITIES 82. 2019-2020 RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH PASSAIC BOARD OF EDUCATION FOR USE OF SCHOOL AND CITY FACILITIES 83. RESOLUTION TO AMEND CY2019 MUNICIPAL BUDGET – NJ STATE GREEN ACRES MATCHING GRANT $1,000,000 84. RESOLUTION TO AMEND CY2019 MUNICIPAL BUDGET – NJ STATE DOT GRANT MUNICIPAL AND URBAN AID $883,174 85. DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ABRES ENABLING ACCEPTANCE OF GRANT AWARD 86. RESOLUTION RE: EMERGENCY APPROPRIATION IN ACCORDANCE WITH N.J.S.A. 40A:4-48 – ACQUISITION OF PROPERTY 87. RESOLUTION AWARDING CONTRACT THROUGH NEGOTIATIONS WESTSIDE FIREHOUSE BATHROOM RENOVATIONS 360 PAULISON AVENUE (Riefolo Construction Company, Inc. of Belleville, NJ for Westside Firehouse Bathroom Renovations, 360 Paulison Avenue, Passaic, NJ in the amount of $ 202,000.00. 88. RESOLUTION APPOINTING A TEMPORARY FINANCE DIRECTOR/CHIEF FINANCIAL OFFICER (Omar J. Garcia) 88A. RESOLUTION REFUND OF TAX OVERPAYMENT (TITLE ONLY) 88B. RESOLUTION – CANCELLATION OF SEWER UTILITY BALANCES XII. ORDINANCE FOR INTRODUCTION AND FIRST READING: 89. ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 99, “CARNIVALS, BAZAARS AND FAIRS” SECTION 99-3 “APPLICATION FOR LICENSE; FEE” 90. ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 5000 LOT 1, BLOCK 5000.01 LOT 1 AND BLOCK 5000.02 LOT 1 (AKA 99-111 PASSAIC STREET) AS AN AREA IN NEED OF REDEVELOPMENT IN THE CITY OF PASSAIC, NEW JERSEY (set down January 21st. 2020) 91. BOND ORDINANCE PROVIDING FOR THE PURCHASE OF 99-111 PASSAIC STREET, PASSAIC, NEW JERSEY BY THE CITY OF PASSAIC, APPROPRIATING $1,650,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,571,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF 92. ORDINANCE AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO AN AGREEMENT WITH PASSAIC STREET PROPERTIES, LLC FOR THE PURCHASE OF A PORTION OF THE REAL PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 5000 LOT 1, PASSAIC, NEW JERSEY 93. ORDINANCE AMENDING SALARY RANGES FOR CITY COUNCIL MEMBERS OF THE CITY OF PASSAIC 7  City Council Meeting Agenda: December 17, 2019 XIII. PAYMENT OF BILLS XIV. ADMINISTRATOR’S REPORT XV. MAYOR’S REPORT XVI. ADJOURNMENT (Next meeting of the City Council - January 7, 2020) 8