City Council

City of Passaic New Jersey Passaic City Council March 17, 2020 Minutes Meeting was conducted as a live stream via Facebook PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS CANCELLED THEIR WORK SESSION MEETING SCHEDULED FOR MARCH 17, 2020 AT 5:30 PM IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY IN RESPONSE TO THE STATE OF EMERGENCY DECLARED IN NEW JERSEY. BE FURTHER ADVISED, THE REGULAR MEETING OF THE CITY COUNCIL SCHEDULED FOR TUESDAY, MARCH 17, 2020 AT 7:00 P.M IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY WILL STILL BE HELD. IN RESPONSE TO THE STATE OF EMERGENCY IN NEW JERSEY REGARDING COVID-19 (“CORONAVIRUS”), THE REGULAR CITY COUNCIL MEETING WILL BE LIVE STREAMED ON THE PASSAIC CITY HALL OFFICIAL FACEBOOK PAGE FOR MEMBERS OF THE PUBLIC TO VIEW AND FOLLOW ALONG AT THE FOLLOWING LINK: http://m.facebook.com/PassaicCityHall DURING PUBLIC COMMENT, MEMBERS OF THE PUBLIC VIEWING REMOTELY WILL BE GIVEN THE OPTION TO CALL IN TO THE NUMBER 862-290- 7104 TO PARTICIPATE IN DISCUSSION SHOULD THERE BE A DESIRE TO VOICE A CONCERN OR OPINION. PLEASE NOTE THAT THERE WILL BE LIMITED PERSONNEL ON SITE FOR THE REGULAR CITY COUNCIL MEETING AND BE GUIDED ACCORDINGLY. 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 Munk Love Melo Patel Schwartz CP Schaer AYES: Via phone Via phone Via phone Via phone ABSENT: ALSO PRESENT: Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, Christian M. Hibinski, Esq., City Attorney Passaic City Council March 17, 2020 Minutes Invocation was rendered by Council Member Melo via telephone, followed by the Pledge of Allegiance. Council President in the chair: Hon. Mayor Hector C. Lora spoke on the history of COVID-19 in Passaic, current status and measures being taken followed by comments from members of the city council. MINUTES Council Meeting Minutes for March 3, 2020, submitted for approval. Upon motion made by Council Member Love and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: 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. Rosa Najar, 108 Gregory Ave  She thanked the mayor, council, and the health dept.  She requests more funding for TNR for feeding of cats in Passaic. Page 2 of 49 Passaic City Council March 17, 2020 Minutes Daniel Rivera, 246 Third Street  What was the outcome his handicapped parking request? Howard Pujol, 245 Hope Avenue  He thanked the mayor for his leadership during this time.  He thanked the council for organizing of remote city council meeting.  Are there any plans for help with parking issues during this time?  If government shuts down, what will happen to city services? Charles Randall,  He has concerns about parking issues for apartments dwellers with more than one car. David Perez, 21 Tennyson Place  He would like to know if the Mayor Lora could help him become a police officer, he has already taken his police officer exam. Jackie Ramirez, 46 Wall Street  She thanks the mayor for updates on Covid-19.  Why is City Hall still open during this time? Nilda Pagan, 321 Broadway  The current confirmed cases of COVID-19 in Passaic, are those being told to self-quarantine Adrian Dollar, 69 Hope Avenue  What are the protocols for pre-k and elementary schools?  For non-state or city employees who are temporarily furloughed, will they be eligible for unemployment or other assistance? After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Page 3 of 49 Passaic City Council March 17, 2020 Minutes 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. 2252-20 ORDINANCE NO. 2252-20 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 199 LEXINGTON AVENUE (BLOCK 4108, LOT 6) AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Page 4 of 49 Passaic City Council March 17, 2020 Minutes Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2255-20 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 Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Council Member Schwartz 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 Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Page 5 of 49 Passaic City Council March 17, 2020 Minutes Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2256-20 ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” TO CREATE PART 9 “RESIDENTIAL PARKING PERMITS WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, an ad hoc committee of the City of Passaic Parking Authority made a recommendation to the City Council of the City of Passaic to adopt an Ordinance creating a Residential Parking Permit Program, as set forth in detail below; and WHEREAS, an ad hoc committee of the City Council of the City of Passaic considered the recommendation of the City of Passaic Parking Authority and further recommended that the City Council adopt an Ordinance allowing for the creation of a Residential Parking Permit Program, as set forth in detail below; and WHEREAS, for reasons of good government, order and protection of person and property, and for the preservation of public health, safety and welfare, the City of Passaic wishes to amend the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” to create Part 9 “Residential Parking Permits” as set forth in detail below. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” be amended to create Part 9 “Residential Parking Permits” as follows: SECTION I ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED Part 9: Residential Parking Permits Article XX: Residential Parking Permits Page 6 of 49 Passaic City Council March 17, 2020 Minutes §295-45 City of Passaic Residential Parking Permit Program Statement of Purpose A. The City Council of the City of Passaic finds and determines that parking opportunities for vehicles belonging to residents in and about the neighborhoods where they live promotes safety, improved movement of traffic and residential quality of life. B. The City Council of the City of Passaic finds and determines that a residential parking permit program will enable and enhance parking opportunities for its residents in accordance with this policy. The purpose of the City of Passaic Resident Parking Program is to: (1) Reduce hazardous traffic conditions within the residential areas by reducing the commercial, business and commuter traffic. (2) Protect the residential area from air pollution, excessive noise, trash, and refuse caused by the entry of such traffic. (3) Protect the residents from unreasonable burdens in gaining access to their residences. (4) Promote efficiency in the maintenance of those streets in a clean and safe condition. (5) Address a critical parking shortage. C. The City Council of the City of Passaic hereby declares that certain streets of The City of Passaic will be designated "permit parking only," during certain hours, and with the exception of metered parking, those areas designated shall be designated as "resident permit parking only" as defined in the Ordinances of the City of Passaic, which shall be indicated by local signage. §295-46 Resident Permits A resident parking permit of a design specified by the Director of the Parking Authority of the City of Passaic (the "Parking Authority") shall be required of Passaic residents to park in designated residential permit parking areas for each motor vehicle. Vehicles with a gross weight of more than 6,000 pounds gross vehicle weight or more than two (2) axles shall not be issued a residential parking permit. §295-47 Registration/Permit Requirements A. Any premises with a driveway that accommodates the homeowners’ vehicle is not eligible for a Residential permit Page 7 of 49 Passaic City Council March 17, 2020 Minutes A. No person shall park a vehicle between the hours of 12:00 a.m. and 6:00 a.m. without the required resident parking permit upon any street designated for residential permit parking as set forth in the Ordinances of the City of Passaic. C. No Residential Parking Permit shall be issued to any resident whose residence provides for a minimum of one (1) off-street parking space on or immediately adjacent to the place of residence. B. Proof of current residence in Passaic must be presented when applying for a resident permit. As proof of residency, the applicant must provide a valid New Jersey driver's license reflecting a legal City of Passaic address. In the event that a resident possessing a Residential Parking Permit changes addresses within the City of Passaic, a change of address decal shall be issued in accordance with the provisions of this Article. If an address change decal has been affixed to the driver's license by the New Jersey Motor Vehicle Commission, additional proof of residency is required as described below. C. The vehicle must be owned by a person residing in a Parking Permit Zone, listed in §295-51 Restricted Zones. D. The vehicle must be validly insured. E. Proof of vehicle ownership or primary use by the individual seeking the permit must be presented when applying for a resident permit. As proof of ownership or primary use, the individual must provide a current New Jersey vehicle registration for the vehicle to be permitted that shall reflect the same name of the owner and City of Passaic address as the resident seeking said permit. If an address change decal has been affixed to the vehicle registration by the New Jersey Motor Vehicle Commission, proof of insurance shall also be provided in the same name as the resident seeking said permit. F. Alternatively, proof of vehicle ownership or primary use may be established by presenting one of the following combinations of documents: (1) A copy of a valid New Jersey driver's license for the applicant which, except for leased or company-owned vehicles, reflects an address within the applicable Residential Parking Permit Zone of the City. (2) a copy of a valid New Jersey motor vehicle registration for the vehicle for which the permit is sought reflecting an address within the applicable Residential Parking Permit Zone of the City. Page 8 of 49 Passaic City Council March 17, 2020 Minutes (3) Proof of the vehicle being insured in the State of New Jersey reflecting an address within the applicable Residential Parking Permit Zone of the City. (4) A current utility or telephone bill with the resident's name and with the same address as described on the driver's license and motor vehicle registration. (5) If the vehicle for which a permit is sought is leased, then a copy of the lease agreement must be exhibited. (6) A resident who requests a residential parking permit for a company vehicle must provide a letter from a reasonable company official, under oath, confirming that the vehicle is assigned to that person. The permit shall display the permit number, the make, model and color of the vehicle, and the date the permit expires. The resident permit is to be placed on the driver's side, lower left-hand corner of the rear window of the permitted vehicle. For motorcycles, the permit shall be placed on the windshield, on the casing of the side mirror of the registered vehicle, or held on owner's person so long as the motorcycle's license plate is unobstructed and clearly visible. §295-48 Application for permit; fee There is no permit fee for the residential parking permits, except: (1) A fee of $5 will be charged for the replacement of the first lost permit. (2) A fee of $10 will be charged for the replacement of the second and every subsequent lost permit. (3) A fee of $10 will be charged for the replacement of a misplaced or lost Visitor Parking Permit. (4) A fee of $10 will be charged for a change of address for the permit. (5) Parking permits are limited to one (1) residential parking permit for each valid driver’s license and registered vehicle at the verified address as listed in this Article. §295-49 Term of permits. Page 9 of 49 Passaic City Council March 17, 2020 Minutes Resident parking permits shall be valid for a period of two years from the first day of the month of issuance and shall expire on the last day of the month two years after the first day of the month of issuance. Any vehicle bearing an expired permit and parked in a residential zone shall be subject to the same penalty as a vehicle parking on the street without a resident parking program sticker as set forth herein. §295-50 Visitor Parking Permits. A. Up to two residential visitor permits per residence may be issued for use by visitors to residents residing in a designated Residential Parking Permit zone or parts of streets listed in §295-51 Restricted Zones. B. Visitor Parking Permits shall only be valid while visitors are actually visiting the residence to which the Visitor Parking Permit was issued. There shall be a rebuttable presumption that any vehicle parked more than one block from the household for which the visitor permit has been issued is not visiting such household. C. The residential visitor permit must be displayed on the front driver's side dashboard above the steering wheel and must be fully readable from the exterior of the vehicle. D. The residential visitor permit shall be returned to the resident at the conclusion of the visit. However, the resident or person to whom the Visitor Parking Permit was issued shall be responsible if the Visitor Parking Permit is misplaced, lost, or inadvertently taken by the visitor. E. The Visitor Parking Permit shall be valid for one year from the date of issue and shall expire on the last day of the month one year after the first day of the month of issuance. All expired residential visitor permit must be returned to the Police Department before a new one can be issued. F. A temporary visitor permit may be issued to any resident who applies in person to the Passaic Parking Authority for a period of one to seven days and may not extend for more than seven consecutive days. The valid date of the temporary visitor permit shall be prominently displayed on the temporary visitor permit. G. No residential visitor permit shall be issued to any person residing in any building exclusively used by students and affiliates of a college. H. Visitor permits are not required on Saturdays, Sundays or announced holidays. As used in this chapter, "day," "Sunday" and "Holiday" shall commence at 12:00 midnight and terminate at Page 10 of 49 Passaic City Council March 17, 2020 Minutes 11:59 p.m. on the designated day. I. All Passaic residents 62 years of age or older shall receive up to two, one year-long "Senior" visitor permits free of charge if they request. Proof of age shall be required and may be shown by birth certificate, social security check and Medicare card or by other official documents acceptable to the Parking Authority. §295-51 Restricted Zones. Pursuant to the provisions of this article and based upon the findings of the Chief of Police, or his designee, made in accordance therewith, no person who does not hold a Residential Parking Permit issued in accordance with the terms of this article shall park any vehicle within the following described residential zones or portions thereof in the City of Passaic between 12:00 a.m. and 6:00 a.m. except Saturdays, Sundays or announced holidays: 1. North Pulaski Park Residential Zone: East Monroe Street from Market Street to the Passaic River and Fourth Street from Virginia Street to East Monroe Street 2. Wall Street Residential Zone: Eighth Street from Wall Street to Passaic Street, Ninth Street from Wall Street to Passaic Street, and the full length of Veterans Court. Pursuant to the provisions of this article and based upon the findings of the Chief of Police, or his designee, made in accordance therewith, no person who does not hold a parking permit issued in accordance with the terms of this article shall park any vehicle on the following described commercial/residential zones or portions thereof in the City of Passaic between 3:00 a.m. and 6:00 a.m. except Saturdays, Sundays or announced holidays: 1. Wall Street Commercial/Residential Zone: Wall Street from Passaic Street to the Passaic River §295-52 Violations and penalties A. Any vehicle parked in violation of the residential parking permit regulations will be subject to a fine of $50 for a first offense and $100 for a second or subsequent offense. B. Residents in possession of parking permits who misuse them are subject to revocation of the permits for one year and a fine of $100. Page 11 of 49 Passaic City Council March 17, 2020 Minutes C. Any person(s) found to possess an invalid, expired or counterfeit residential, temporary, visitor or business permit shall be subject to a fine of $100. §295-53 Enforcement A. Enforcement of this chapter and further rules and regulations as may be promulgated from time to time shall be under the jurisdiction of either the Passaic Parking Authority and/or the Passaic Police Department. B. The Parking Authority and the Passaic Police Department shall have the power to issue summonses for violations of this Article. §295-54 Unauthorized use, duplication or sale of resident parking sticker A. The unauthorized making, duplicating, selling, lending or giving any resident parking sticker is hereby prohibited. This provision shall include, without being limited to, any unauthorized duplication or use of a City of Passaic resident parking sticker. B. Any person violating this provision of this section shall be subject to those penalties set forth in the "General Penalty Ordinance" of the Code of the City of Passaic. SECTION II If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 Page 12 of 49 Passaic City Council March 17, 2020 Minutes ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Kahwayne Dye, 229 Hope Avenue  How much will the permit cost? After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT:  Councilman Schwartz, requested amendment to F (3). As per city attorney, the change is de minimis. Council Member Garcia moved the ordinance be adopted as amended on second reading and final passage which motion was seconded by Council Member Schaer and adopted upon a call of the roll. Page 13 of 49 Passaic City Council March 17, 2020 Minutes Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2257-20 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 Love 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 Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT:  Councilman Munk requested the previously agreed upon corrections be made to the Financial Agreement. As per the city attorney, the corrections are de minimums. Council Member Patel 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 Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Page 14 of 49 Passaic City Council March 17, 2020 Minutes COMMUNICATIONS AND PETITIONS: On a motion by Council Member Garcia and seconded by Council Member Melo the following communication was received placed on file and approval granted Amada D. Curling, City Clerk, submitting the following:  Request for a cash bond refund in the amount of $2000.00 to Philippine Day Organization Council (event held: June 9, 2019)  Request for a refund re: $2000.00 cash bond, $300.00 Festival Fee, and $200.00 public property fee to Rana Samaj USA (Event Cancelled) Mojito Bar, 159 Market Street, submitting application for a new Entertainment License for the year 2020. Scar Entertainment t/a Nightmare Haunted Attractions, 2 Brighton Avenue, submitting application to renew their Entertainment License for the year 2020. Our Lady of Fatima Church, 32 Exchange Place, submitting the following:  Procession, on May 13, 2020 from 7:00 p.m. to 7:30 p.m. The Procession will commence at the corner of Park Avenue and Exchange Place travel Exchange Place to Pennington Avenue to Gregory Avenue to Park Place ending at 32 Exchange Place(Contingent Upon Departmental Approvals)  Picnic/Festival in their private parking lot (22-24 Pennington Avenue) on June 27, 2020 from 4:00 p.m. to 10:00 p.m. and June 28, 2020 from 12:00 p.m. to 10:00 p.m. (Contingent Upon Departmental Approvals) Doing It in the Park, 226 6th Street, submitting application to hold Community Event in School No. 11 (Outdoor Stage Area), on July 18, 2020 from 1:00 p.m. to 9:00 p.m. (Rain date: July 19, 2020) (Contingent Upon Departmental Approvals) ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Page 15 of 49 Passaic City Council March 17, 2020 Minutes 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 Garcia and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Passaic Municipal Court – Monthly Report for February 2020 Personnel Actions- February 2020 Millennium Strategies Monthly Activity Report-February 2020 Zoning Board of the City of Passaic, submitting the following:  Agenda of their March 12, 2020 public meeting Passaic Valley Water Commission, submitting the following:  Notice of their March 11, 2020 meeting  Minutes of their January 22, 2020 meeting State of New Jersey Department of Environmental Protection, submitting the following:  Correspondence Re: Classification Exception area/Well Restriction Area-Historic Fill- Garden State Honda, 225 River Drive  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 20-02-26-0934-24 ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: VIII. BUDGET INTRODUCTION CY 2020 Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO. 2258-20 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) Page 16 of 49 Passaic City Council March 17, 2020 Minutes WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Governing Body of the City of Passaic, in the County of Passaic finds it advisable and necessary to increase its CY 2020 budget by up to 3.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Governing Body hereby determines that a 1.0% increase in the budget for said year, amounting to $865,120 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Governing Body hereby determines that any amount authorized hereinabove that is not appropriated as pa11of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, by the Governing Body of the City of Passaic, in the County of Passaic, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2020 budget year, the final appropriations of the City of Passaic shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $3,027,920, and that the CY 2020 municipal budget for the City of Passaic be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as pa11of the final budget shall be retained as an exception Page 17 of 49 Passaic City Council March 17, 2020 Minutes to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a ce11ified copy of this ordinance as introduced b e filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on April 23, 2020. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone 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. 20-03-078 RESOLUTION AUTHORIZING THE 2020 MUNICIPAL BUDGET TO BE READ BY TITLE ONLY WHEREAS, the Local Budget Law (N.J.S.A. 40A:4-5) allows the municipal budget to be read by title only at a public meeting of the Municipal Council. NOW, THEREFORE BE IT RESOLVED by the City Council o the City of Passaic, with no less than a majority of the full membership concurring that the 2020 municipal budget of the City of Passaic shall be ready by its title only; and BE IT FURTHER RESOLVED that three (3) certified copies of the budget, once approved, shall be transmitted to the Director of the Division of Local Government Services, three (3) days after approval; and BE IT FUTHER RESOLVED that the budget shall be advertised in accordance with N.J.S.A. 40A:4-6 and a Page 18 of 49 Passaic City Council March 17, 2020 Minutes public hearing be held prior to approval in accordance with N.J.S.A. 40A:4-8. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: On a motion by Council Member Love and seconded by Council Member Garcia the following RESOLUTION WAS OFFERED FOR ADOPTION Resolution No. 20-03-079 INTRODUCTION OF THE MUNICIPAL BUDGET CY2020 Page 19 of 49 Passaic City Council March 17, 2020 Minutes RESOLUTIONS: THE FOLLOWING RESOLUTION WAS REMOVED FROM THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON MARCH 17, 2020 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 Love and seconded by Council Member Garcia the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 20-03-080 RESOLUTION DESIGNATING THE SEGMENT OF MYRTLE AVENUE BETWEEN MADISON AND HENRY STREET AS “CHEF RUIZ WAY” (HONORIFIC) WHEREAS, Carl Albert Ruiz (April 4, 1975 – September 21, 2019), also known as Carl “The Cuban” Ruiz, was an American restaurant owner, celebrity chef, and radio and social media commentator best known as a judge on various U.S. cooking competition television shows on the Food Network, such a Guy’s Grocery Games; and WHEREAS, Ruiz was born in Passaic, New Jersey where he attended Passaic Catholic Regional School and later the Collegiate School; and WHEREAS, his parents, long-time Passaic residents Eliza and Yezzid Ruiz, were actively involved in Passaic’s Liceo Cubano, a civic club for Cuban-Americans, and ran a tire shop on Myrtle Avenue in Passaic for several years where they instilled the values of skill and work ethic in their children; and WHEREAS, inspired by his Cuban mother and grandmother, Ruiz eventually trained as a classical chef, graduating Page 20 of 49 Passaic City Council March 17, 2020 Minutes from the Institute of Culinary Education in New York City; and WHEREAS, Ruiz has had a prominent career as a sous chef and executive chef at various restaurants throughout New Jersey and New York, as well as had an influential voice on the radio and social media for food critiquing and commentary; and WHEREAS, following his death, La Cubana, a restaurant Ruiz opened and was the executive chef for, announced the establishment of the Carl Ruiz Scholarship Foundation, dedicated to the financial support of aspiring chefs attending culinary school. NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the City of Passaic, in acknowledgement of and appreciation for all of the work undertaken by Chef Carl Albert Ruiz, that the segment of Myrtle Avenue between Madison and Henry Street in the City of Passaic shall be honorifically designated as “Chef Ruiz Way.” CITY OF PASSAIC RESOLUTION NO. 20-03-081 RESOLUTION AUTHORIZING APPOINTMENT OF PUBLIC AGENCY COMPLIANCE OFFICER FOR THE CITY OF PASSAIC WHEREAS, N.J.A.C. 17:27-3.1 requires that each public agency designate an individual to serve as its Public Agency Compliance Officer (“P.A.C.O.”) and that person is a liaison between the Division of Local Government Services and the City of Passaic; and WHEREAS, the P.A.C.O. officer is the point of contact for all matters concerning the implementation and administration of the status concerning contracting procedures including equal employment opportunity requirements; and WHEREAS, the Council has determined that it is in the best interest of the City of Passaic that the Director of Purchasing be the person to be designated as the Public Agency Compliance Officer for the City of Passaic. Page 21 of 49 Passaic City Council March 17, 2020 Minutes WHEREAS, there shall be no compensation provided for the additional responsibilities of the City of Passaic Public Agency compliance officer. NOW THEREFORE, BE IT RESOLVED that Doris Dudek, as the Director of Purchasing for the City of Passaic is hereby designated as the Public Agency Compliance Officer for the City of Passaic. BE IT FURTHER RESOLVED that the Public Agency Compliance Officer shall have all of the duties and authority as set forth in the statutes and regulations. BE IT FURTHER RESOLVED that the City of Passaic shall submit Doris Dudek’s name, title, address, telephone number, fax and e-mail address to the Department of the Treasury on or before January 10th of each year, as the Public Agency Compliance Officer for Passaic. CITY OF PASSAIC RESOLUTION NO. 20-03-082 RESOLUTION AWARDING CONTRACT FOR FURNISHING DELIVERY AND PLANTING OF TREES VETERANS MEMORIAL PARK WHEREAS, bids were received by the Director of Purchasing on Wednesday, February 26, 2020 for Furnishing Delivery and Planting of Trees – Veterans Memorial Park; and WHEREAS, The City of Passaic has been awarded a $ 30,000.00 grant from the NJDEP Urban and Community Forestry Program for this project; 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 as follows, none of whom submitted bids: CIS Clarke Moynihan Landscaping Almstead Tree & Shrub Kinnelon, NJ Andover, NJ North Haledon, NJ Ascape Landscpae & Const. Aspen Landscaping Blauvelt, NY Union, NJ Page 22 of 49 Passaic City Council March 17, 2020 Minutes WHEREAS, it is the recommendation of Plan2Consultatants, Hawthorne, NJ that the lowest responsible, responsive bidder, Downes Tree Service of Hawthorne, NJ be awarded the contract for Furnishing Delivery and Planting of Trees – Veterans Memorial Park in the amount of $ 21,730.00. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Furnishing Delivery and Planting of Trees – Veterans Memorial Park be awarded to Downes Tree Service of Hawthorne, NJ in the amount of $21,730.00 BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct # G-02-40- NJS-018-UTP 2018 Stewardship Tree Planting Grant $4,900.00 and Acct #G-02-40-NJS-019-UTP 2019 Stewardship Tree Planting Grant $ 16,830.00. CITY OF PASSAIC RESOLUTION #20-03-083 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH AJM CONTRACTORS FOR HOOVER AVENUE MUNICIPAL PARKING LOT CITY OF PASSAIC WHEREAS, on September 10, 2019 the City Council of the City of Passaic adopted Resolution #19-09-283 (attached) approving a contract with AJM Contractors in the amount of $144,092.00 for Hoover Avenue Municipal Parking Lot ; and WHEREAS, a change order is necessary due to the adjustment to final As-built quantities increasing the contract an additional $ 955.45 resulting in a revised contract amount of $ 145,047.45. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and AJM Contractors is ratified Page 23 of 49 Passaic City Council March 17, 2020 Minutes and accepted, adjusting the contract to the revised total amount of $ 145,047.45. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order on a form approved by the City Attorney and that the Change Order be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #9-01-44-905- 000-9RD. CITY OF PASSAIC RESOLUTION #20-03-084 RESOLUTION AUTHORIZING THE REALLOCATION OF 2016, 2017 AND 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS WHEREAS, the City of Passaic receives federal financial assistance each year under the Community Development Block Grant (CDBG), and we received such funding for the 2016, 2017 and 2018 fiscal years which were approved by the City Council of the City of Passaic; and WHEREAS, the City wishes to amend and reprogram open balances under the Community Development Block Grant (hereinafter referred to as “CDBG”) Program budgets for fiscal years 2016, 2017 and 2018; and WHEREAS, the Department of Community Development has prepared Budget Revisions to the Community Development Block Grant; and WHEREAS, the projects originally funded have been completed and/or funds are no longer needed for the original purpose; and WHEREAS, the referenced open balances in the CDBG accounts below must be reallocated: Program Balance to Be Year City Account # Activity Name Reprogrammed Page 24 of 49 Passaic City Council March 17, 2020 Minutes 2016 B-12-42-BG6-972-9CC Christopher Columbus Park 7.30 2017 B-12-43-BG7-990-813 CDBG Admin .77 2017 B-12-43-BG7-100-818 Youth Enrichment Program 4.87 2018 B-12-44-BG8-128-813 CDBG Admin 42.72 2018 B-12-44-BG8-127-813 Fair Housing 2,500.00 2018 B-12-44-BG8-132-871 United Puerto Rican 10,743.00 Council (*) 2018 B-12-44-BG8-145-868 Multi Sports 1.75 2018 B-12-44-BG8-054-877 Replace Turf/Park Upgrades 28,418.50 CC TOTAL REPROGRAMMABLE DOLLARS 41,718.91 (*) This activity was cancelled due to ineligibility based on HUD rules and regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the total CDBG reprogrammable amount of FORTY-ONE THOUSAND, SEVEN HUNDRED EIGHTEEN DOLLARS AND NINETY-ONE CENTS ($41,718.91) be reallocated as follows: Program Reprogrammed Year City Account # Activity Name Funding Amnt. 2019 B-12-45-BG9-126-9TW Third Ward Park Improvements 41,718.91 TOTAL 41,718.91 BE IT FURTHER RESOLVED that the Mayor of the City of Passaic, as Certifying Officer, is hereby authorized as follows: (a) Should any comment received during the required public comment period concerning the Action Plan submission so warrant, to request the City Council of the City of Passaic to modify any portion of the attached budget; and (b) To file the 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. Page 25 of 49 Passaic City Council March 17, 2020 Minutes CITY OF PASSAIC RESOLUTION #20-03-085 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the below mentioned previous property owner have over paid taxes on the below property in error and they submitted a written request for the refund due to them in the amount of $4,901.58; 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 4092 13 59 QUINCY ST. OSORIA, JORGE 2020 $4,901.58 46 Chandler Dr. Wayne, NJ 07470 CITY OF PASSAIC RESOLUTION #20-03-086 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENTS WHEREAS, the Tax Court of New Jersey based on judgments from a rendered decision entered on 1/31/2020 for Block: 1321 Lot 1, also known as: 9-37 FALSTROM CT., Passaic, NJ, property owner: FALSTROM COMPANY; reduced the assessed value on the property as follows: From 4,730,900 to 4,366,700 for tax year 2016 From 4,730,900 to 4,066,700 for tax year 2017 From 4,730,900 to 3,716,700 for tax year 2018 From 4,730,900 to 2,866,700 for tax year 2019 WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for 2016, 2017, 2018 & 2019. 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) Page 26 of 49 Passaic City Council March 17, 2020 Minutes as provided by the judgment attached hereto and for the Tax Collector to adjust her records accordingly; BLOCK/LOT PROPERTY OWNER TAX YEAR REFUND DUE 1231/1 9-37 Falstrom Ct. Falstrom Co. 2016 $12,266.26 2017 $23,160.65 2018 $36,490.92 2019 $68,546.63 Total Refund $140,464.46 CITY OF PASSAIC RESOLUTION #20-03-087 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 2173, LOTS 14 AND 16, (813-819 MAIN AVENUE) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 813-819 Main Avenue (Block 2173, Lots 14 and 16) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and WHEREAS, this designation as an area in need of redevelopment/ rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/ rehabilitation of the aforementioned properties; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. Page 27 of 49 Passaic City Council March 17, 2020 Minutes NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 2173, Lots 14 and 16, (813-819 Main Avenue), as an Area in Need of Redevelopment/Rehabilitation. CITY OF PASSAIC RESOLUTION #20-03-088 RESOLUTION ADOPTING NEIGHBORHOOD PRESERVATION PROGRAM IMPLEMENTATION PLAN WHEREAS, the City of Passaic was awarded a grant in 2019 from the NJ Department of Community Affairs, Neighborhood Preservation Program (NPP); and WHEREAS, the NPP Program has subsequently provided certain guidelines regarding assembling a plan for the use of NPP funding; and WHEREAS, the City conducted a survey in December 2019- January 2020 seeking public input on Main Avenue improvements; and WHEREAS, the City has taken objectives as noted in the application and combined them with recommendations from the survey to provide an implementation plan related to the grant. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the attached Passaic Neighborhood Preservation Implementation Plan is adopted. CITY OF PASSAIC RESOLUTION #20-03-089 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE RECOMMENDATION OF THE PLANNING BOARD FOR THE REHABILITATION EFFORTS AND DESIGNATION OF BLOCK Page 28 of 49 Passaic City Council March 17, 2020 Minutes 4103.01, LOT 23 WHICH IS LOCATED AT 948 MAIN AVENUE AS AN AREA IN NEED OF REHABILITATION WHEREAS, it has been determined by the Planning Board of the City of Passaic that Block 4103.01, Lot 23 on the Tax Map of the City of Passaic is an area in need of rehabilitation; and WHEREAS, a preliminary investigation in this matter has been approved by the Planning Board of the City of Passaic; and WHEREAS, the Planning Board of the City of Passaic has recommended to the City Council to proceed with the determination of the need of rehabilitation in this matter; and WHEREAS, the Planning Board of the City of Passaic has authorized the rehabilitation plan and its adoption; and WHEREAS, the Planning Board of the City of Passaic has approved and memorialized these determinations and recommendations on March 4, 2020; and WHEREAS, it is the desire of the City Council to accept these determinations and recommendations of the Planning Board of the City of Passaic and commence with all rehabilitation efforts regarding Block 4103.01 Lot 23. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the recommendation of the Planning Board regarding the rehabilitation efforts that concern Block 4103.01, Lot 23; 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. Page 29 of 49 Passaic City Council March 17, 2020 Minutes CITY OF PASSAIC RESOLUTION #20-03-090 2019 APPROPRIATION RESERVE TRANSFERS 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 2019 Municipal Budget Appropriation Reserves: FROM TO Health Benefits OE 55,000.00 Engineering OE 55,00.00 TOTAL 55,000.00 55,000.00 CITY OF PASSAIC RESOLUTION #20-03-091 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE COUNTY OF PASSAIC, CITY OF PASSAIC, AND TRUST FOR PUBLIC LAND FOR THE MANAGEMENT OF DUNDEE ISLAND PARK PHASE II PROJECT WHEREAS, the COUNTY OF PASSAIC (“County”), having its principal place of business at 401 Grand Street, Suite 205, Paterson, New Jersey 07505, the CITY OF PASSAIC (“City”), having its principal place of business at 330 Passaic Avenue, Passaic New Jersey 07055, and the TRUST FOR PUBLIC LAND D/B/A TPL-NEW JERSEY, a California Not-for-Profit Corporation having an address at 60 Park Place, Newark, New Jersey (“TPL”), collectively the “Parties,” wish to enter into an Agreement for the Management of Dundee Island Park Phase II Project; and WHEREAS, in 2017, the Parties began the Dundee Island Park Project, a joint effort to redesign and rehabilitate a seven (7) acre parcel of riverfront property in the City of Passaic, on the Passaic River, known as Dundee Island Park; and WHEREAS, construction is underway at Dundee Island Park, with substantial completion expected in the latter part of 2020, with the park to be opened to the public and incorporated into the Passaic County Park System thereafter; and Page 30 of 49 Passaic City Council March 17, 2020 Minutes WHEREAS, the Parties desire to continue rehabilitation efforts on the riverfront in the City, including the renovation of the railway property between Dundee Island Park and Pulaski Park, the adaptive reuse of the railroad bridge over the Passaic River as a pedestrian and bike thoroughfare and outlook area, and the redevelopment of North Pulaski Park; and WHEREAS, through enacting N.J.S.A. 40:12-20 et. seq., the State of New Jersey recognizes the needs of municipalities to enter into agreements to rehabilitate, improve, and maintain their parks, and thus authorizes municipalities and counties to establish mutually beneficial partnerships, through an agreement, with nonprofit organizations that will result in parks that are better maintained, operated, and improved for the use and enjoyment of the public; and WHEREAS, TPL is a national, nonprofit, land conservation organization that conserves land for people to enjoy as parks, community gardens, historic sites, rural lands, and other natural places, and works in partnership with municipalities to design and develop parks, playgrounds, and greenways; and WHEREAS, the County and City would benefit from TPL managing the design and construction of the Dundee Island Park Phase II Project; and WHEREAS, the Parties have set forth their intentions within the attached Agreement and mutually agree to the terms therein. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Agreement with the County of Passaic and Trust for Public Land subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED, that copies of this Resolution and a copy of the executed Agreement shall be forwarded to the County of Passaic; and Page 31 of 49 Passaic City Council March 17, 2020 Minutes BE IT FURTHER RESOLVED, that copies of this Resolution and a copy of the executed Agreement shall be forwarded to the Trust for Public Land. CITY OF PASSAIC RESOLUTION #20-03-092 RESOLUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT WHEREAS, the City of Passaic, is a Defendant in litigation entitled Claudia Aguirre-Cruz v. City of Passaic et al Docket No. PAS-L-1576-18; and, WHEREAS, the Parties desire to resolve and settle fully and finally the pending litigation; and, WHEREAS, negotiations between the Plaintiff and the Defendant City of Passaic have resulted in the preparation of a settlement agreement; and, WHEREAS, the City Council of the City of Passaic desires to approve the proposed settlement agreement and to authorized execution of same. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows: 1. All of the foregoing “Whereas” clauses are incorporated by reference as if set forth at length herein. 2. The City of Passaic hereby authorizes the settlement of the above referenced litigation in accordance with the terms set forth in the proposed settlement agreement, a copy of which is attached hereto. 3. The City of Passaic counsel and all other appropriate City of Passaic officials and personnel are authorized to execute any and all related documents, including the attached settlement agreement and perform all tasks, which effectuate the purposes of this Resolution. 4. This Resolution shall take effect immediately and/or as required by law. Page 32 of 49 Passaic City Council March 17, 2020 Minutes CITY OF PASSAIC RESOLUTION #20-03-093 RESOLUTION AWARDING CONTRACT FOR COLLECTION OF GARBAGE & BULKY WASTE WHEREAS, bids were received by the Director of Purchasing on Tuesday, March 10, 2020 for Collection of Garbage & Bulky Waste; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City's website from the following vendors, none of whom submitted bids: Urbaser Inc. Prime Vendor B&B Disposals Lima & Lima Enterprise Walnut Creek, CA Wilmington, NC Hillside, NJ Dover, DE WHEREAS, the lowest responsive, responsible bid for Collection of Garbage & Bulky Waste was received from F. Brasso, Jr. Rubbish Removal, Irvington, NJ; and WHEREAS, it is the recommendation of Christian Butler, Recycling Coordinator, that the contract be awarded to F. Brasso, Jr. Rubbish Removal, Irvington, NJ for a period of five (5) years commencing April 1, 2020 to March 31, 2025 in the total amount of $ 7,384,000.00 inclusive of Housing Authority (Alternate #1) as per the attached. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the contract for Collection of Garbage & Bulky Waste be awarded to F. Brasso, Jr. Rubbish Removal, Irvington, NJ for a period of five (5) years in the total amount of $7,384,000.00 inclusive of Housing Authority (Alternate #1) BE IT FURTHER RESOLVED that the Mayor and the City Council are authorized to execute a contract for the above on a form approved by Corporation Counsel. CERTIFICATION OF FUNDS Funds for the above are available in Public Works Account #0-01-26-305-000-029. Funds for the subsequent Page 33 of 49 Passaic City Council March 17, 2020 Minutes budgets are available, providing that those budgets are approved by the governing body. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: On a motion by Council Member Love and seconded by Council Member Munk the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION #20-03-094 2020 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR LABORERS WHEREAS, City of Passaic and Downtown Merchants Corporation (“DMC”) wish to enter into the attached shared services agreement pursuant to NJSA 40A:65-1, et.seq.; and WHEREAS, under the attached shared services Agreement the City will furnish its Laborer, Ramon Cabrera, to the DMC to provide services to the DMC for thirty five (35) hours per week for the period January 1, 2020 through December 31, 2020; and WHEREAS, the DMC will pay the City of Passaic $23,753.60 pro-rated, in exchange for such services. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a Shared Service Agreement with the Downtown Merchants Corporation for furnishing of its Laborer, Ramon Cabrera to the Downtown Merchants Corporation to provide services for the period of January 1, 2020 through December 31, 2020, subject to the terms and conditions thereof; and BE IT FURTHER RESPOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto; and Page 34 of 49 Passaic City Council March 17, 2020 Minutes BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed shared services Agreement shall be forwarded to the Downtown Merchants Corporation to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the Executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to NJSA 40A:65-4. CITY OF PASSAIC RESOLUTION #20-03-095 2020 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR LABORERS WHEREAS, City of Passaic and Downtown Merchants Corporation (“DMC”) wish to enter into the attached shared services agreement pursuant to NJSA 40A:65-1, et.seq.; and WHEREAS, under the attached shared services Agreement the City will furnish its Laborer, Ashly L. Vargas, to the DMC to provide services to the DMC for thirty five (35) hours per week for the period January 1, 2020 through December 31, 2020; and WHEREAS, the DMC will pay the City of Passaic $27,580.80 pro-rated, in exchange for such services. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a Shared Service Agreement with the Downtown Merchants Corporation for furnishing of its Laborer, Ashly R. Vargas to the Downtown Merchants Corporation to provide services for the period of January 1, 2020 through December 31, 2020, subject to the terms and conditions thereof; and BE IT FURTHER RESPOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed shared services Agreement shall Page 35 of 49 Passaic City Council March 17, 2020 Minutes be forwarded to the Downtown Merchants Corporation to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the Executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to NJSA 40A:65-4. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO# 2259-20 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 last ordinance was 435 Handicapped Parking Spaces. WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 437 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 36 of 49  Passaic City Council March 17, 2020 Minutes DELETION: NAME OF STREET SIDE LOCATION PLATE # 143 Highland South Beginning at a point 191 E36FSN Avenue feet east of the easterly curbline of Hope Avenue and extending to a point 22 feet easterly therefrom 63 Henry Street West Beginning at a point 84 HX9266 feet south of the southerly curbline of Grove Street and extending to a point 22 feet southerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 388 Broadway North Beginning at a point 85 M49JDN feet east of the easterly curbline of Van Houten Avenue and extending to a point 22 feet easterly therefrom 63 Henry Street West Beginning at a point 62 HX9266 feet south of the southerly curbline of Page 37 of 49  Passaic City Council March 17, 2020 Minutes Grove Street and extending to a point 22 feet southerly therefrom 103 Highland Beginning at a point 35 N76MCC Avenue South feet west of the westerly curbline of Allen Street and extending to a point 22 feet westerly therefrom 394 Howe Avenue North Beginning at a point 123 H41KVN feet west of the westerly curbline of Van Houten Avenue and extending to a point 22 feet westerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on April 23, 2020. Council President Schaer read said Ordinance by title. CITY OF PASSIC ORDINANCE NO. 2260-20 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, ARTICLE VII “OFF-STREET PARKING AND LOADING” SECTION 317-25 “STANDARDS FOR PARKING SPACES AND PARKING AREAS” WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic Article VII, Section 317-25 sets forth the rules and regulations governing parking spaces and parking areas within the City of Passaic; and Page 38 of 49 Passaic City Council March 17, 2020 Minutes WHEREAS, in the interest of promoting good government, public safety and the general welfare, the City Code of the City of Passaic, Article VII, “Off-Street Parking and Loading” Section 317-25, “Standards for Parking Spaces and Parking Areas” shall be amended as set forth below. NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Passaic that Article VII, “Off-Street Parking and Loading” Section 317-25, “Standards for Parking Spaces and Parking Areas” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I § 317-25 Standards for parking spaces and parking areas. A. Definitions. As used in this article, the following terms shall have the meanings indicated: PARKING SPACE An off-street space available for the parking of one motor vehicle; having dimensions of not less than nine feet in width and 19 feet in length, exclusive of passageways and driveways and giving access thereto; and having direct usable access to a street or alley. B. The minimum parking space dimensions and aisle widths shall be as follows: Parking Stall Stall Aisl Angle Width Length Widt (degrees) (feet) (feet) (fee 90 9(1) 19(2) 25( 60 10.4(1) 21(2) 18( Page 39 of 49 Passaic City Council March 17, 2020 Minutes Parking Stall Stall Aisl Angle Width Length Widt (degrees) (feet) (feet) (fee 45 12.7(1) 19.8(2) 13( 30 18(1) 17.3(2) 11( 0 8(2) 23(1) 20( NOTES: (1)Parallel to aisle. (2)Perpendicular to aisle. (3)One-way aisle. (4)Two-way aisle. C. All parking space shall be located on the same lot as the principal use, unless specifically authorized as a conditional use on a separate lot in accordance with Article VI. D. Off-street parking areas for more than five automobiles shall be paved and lighted according to the specifications established for this purpose by the City Engineer. Fencing and/or screening may be required at the discretion of the Planning Board and/or Zoning Board. E. All off-street parking spaces within any parking area shall be clearly marked to show the parking arrangement within said parking area. F. All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets and residential zones and buildings. G. Page 40 of 49 Passaic City Council March 17, 2020 Minutes The requirements as to parking and loading areas shall include adequate means of ingress and egress. H. No access to a parking or loading area in a business or industrial district shall be located within a residential district. No off-street parking shall be permitted in any zone where the use which it serves is prohibited. I. Where parking is included as part of the rental, an assigned space shall be allocated to each tenant. J. Parking spaces designed and reserved for the handicapped shall be located as close as possible to the building entrance and shall be in compliance with Title 17, Chapter 19-A, of the New Jersey Administrative Code, Barrier Free Design Regulations. K. Maximum driveway width: (1) Residential zones: 24 feet with a thirty-foot curb-cut maximum. (2) Business and industrial zones: 30 feet with a sixty-foot curb-cut maximum. (3) On any lot, driveways must be separated by at least 60 feet, except in the case of one-way paired driveways. (4) The distance of a driveway from an intersection shall be measured from the nearest curb return, but shall not be less than 30 feet. (5) Page 41 of 49 Passaic City Council March 17, 2020 Minutes The minimum distance of a driveway or curb cut from an adjoining property line shall be five feet, measured from the adjacent property line extended to the curb, except that where the distance from the property line to a dwelling existing prior to July 1, 1987, shall be less than 14 feet, the distance property line extended to the curb shall equal the distance from the existing dwelling minus nine feet, except that in no case shall the distance from the existing dwelling to the adjacent property line be less than eight feet. The minimum driveway width shall be eight feet. L. In a residence district, parking and maneuvering areas shall not be located in any required yard fronting upon a public street; provided, however, that a driveway may pass through such required yard and, in the case of one- or two-family dwellings, may be utilized for the parking or standing of automobiles or motorcycles. Such driveway may not be directly in front of the principal structure unless such driveway shall lead to a garage. Recreational, camping or utility trailers or boats may be stored or left standing in a side or rear yard in accordance with the provisions of Article X, §§ 317-53 and 317-54. In a residence district, recreational, camping or utility trailers or boats may be stored or left standing in a side or rear yard in accordance with the provisions of Article X, §§ 317-53 and 317-54. M. Where the nature of the building and establishment is of a kind where attendant parking is appropriate and the owner or operator has established that such facility is likely to continue and exist substantially unchanged as it affects attendant parking for a period of 10 years, the owner or operator of the premises has made and will continue to make provision for attendant parking during hours when 50% or more of the spaces are in use, the attendant parking shall be permitted, provided that there shall be submitted at the time of the site plan approval a workable plan, which includes sufficient number of stalls of standard size to meet the parking standards contained herein and, in addition, sufficient aisles and turnaround areas to enable attendants to maneuver vehicles in and out of the area containing the necessary number of parking stalls, without requiring the attendant to utilize Page 42 of 49 Passaic City Council March 17, 2020 Minutes streets, public areas or sidewalks for the maneuvering of vehicles and so that the use of the parking area will not be hazardous to the pedestrians utilizing the adjoining walkways. N. In a residence district, the following motor vehicles and boats shall not be parked or left standing in any yard area or on a driveway: (1) Unregistered motor vehicles of any type or design. (2) Buses. (3) Trucks, tractors and commercial trailers, meaning every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than part of the weight of the vehicles and load to be drawn. (4) Trucks, meaning every motor vehicle designed, used or maintained primarily for the transportation of property; provided, however, that this restriction shall not apply to trucks being used in the rendering of services to the premises. (5) Nothing herein shall prohibit the storing or garaging of commercial vehicles having a capacity of 3/4 of a ton or less in an enclosed garage. (6) For further regulations pertaining to trailers, motor homes and boats see Article X, § 317-53. O. Page 43 of 49 Passaic City Council March 17, 2020 Minutes No lot which does not contain a structure shall be utilized for parking unless it shall be paved and lighted according to specifications established for this purpose by the City Engineer. Fencing and/or screening may be required. P. No parking space may be located closer than three feet to any lot line. Q. The parking area for a one-family dwelling may not exceed three vehicles. R. P. Any off-street parking space necessary to meet the minimum requirements of this chapter shall be included in the rental fee. For multifamily uses, no parking space may be rented to nontenants. S. Q. No vacant lot shall be used for parking of one or more vehicles of any kind unless it shall be properly graded, paved, lighted and fenced or screened according to specifications established for this purpose by the City Engineer and unless a certificate of occupancy for such use has been issued. T. R. Whenever a building which has on-site parking is sold or conveyed, such on-site parking area or areas must be conveyed with the building or buildings it was designed to serve. (1) In cases of conversion to condominium or cooperative ownership, where a building or buildings has on-site parking equal to at least one space per dwelling unit and the converter wishes to convey parking spaces in conjunction with dwelling units, the transfers of title to individual owners must provide for not less than one Page 44 of 49 Passaic City Council March 17, 2020 Minutes parking space per unit, and units and parking spaces shall not be separately sold so as to have any dwelling unit which does not have at least one parking space available. (2) Where an existing building which has on-site parking for fewer than the total number of dwelling units is to be converted to condominium or cooperative ownership, transfers of title to individual owners shall provide for one parking space for each dwelling unit up to the number of spaces available. (3) Where an existing building which provides parking spaces in excess of one per dwelling unit is to be converted to condominium or cooperative ownership, the developer, association, trustees or directors may offer the excess spaces for sale to purchasers of dwelling units, which spaces, if purchased, become an integral part of the dwelling unit and may not subsequently be transferred independent thereof, except to another owner or to the developer, association, trustees or directors. Such spaces as may not be sold to individual owners by the developer, association, trustees or directors shall be maintained as common space for use of building residents or guests and may not be sold to nonowners or rented except to resident nonowners. (4) Where an existing building contains one or more professional offices or commercial enterprises in addition to dwelling units, such offices or enterprises shall not receive on-site parking spaces until all dwelling units have received at least one parking space. (5) Nothing herein contained shall preclude the transfer of an existing parking area or areas to a condominium or cooperative association to be held by such association among the common areas to be utilized by residents and their guests, provided that the association shall not subsequently lease such spaces to individuals but shall maintain them for the benefit of all residents. Where there exist parking spaces equal to at least one per dwelling unit, a minimum of one space may be designated for each Page 45 of 49 Passaic City Council March 17, 2020 Minutes unit. For the purposes of this section, the term "resident" shall include the principal occupant of a professional office or commercial enterprise which is located on-site. SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schaer the public hearing be held on April 23, 2020. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: Council President Schaer read said Ordinance by title. CITY OF PASSIC ORDINANCE NO. 2261-20 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 948 MAIN AVENUE (BLOCK 4103.01, LOT 23) 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 4103.01, Lot 23 more commonly known as 948 Main Avenue (the “Property”) has been identified as a location in need of rehabilitation; and Page 46 of 49 Passaic City Council March 17, 2020 Minutes 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 948 Main Avenue 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. Page 47 of 49 Passaic City Council March 17, 2020 Minutes Section 4 The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 948 Main Avenue Area in Need of Rehabilitation, Block 4103.01, Lot 23 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 Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 23, 2020. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: XI. HEARINGS: Nicomex, 108 Third Street, submitting request for a loading zone to be placed in front of their establishment(applicant submitting request to adjourn their scheduled hearing to May 19, 2020 City Council meeting). Council Member Love moved the request be approved. Motion was seconded by Council Member Schwartz the public hearing to be adjourned to May 19, 2020. Page 48 of 49 Passaic City Council March 17, 2020 Minutes PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council President Schaer, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: ADMINISTRATOR’S REPORT  Ricardo Fernandez requested the council to establish an Ad-Hoc committee for CDBG.  He thanked all staff for their work. MAYOR’S REPORT  Mayor Lora advised the council that staff members could be called up to do Out-of-Title tasks. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Garcia the meeting was adjourned at 9:32 p.m. ROLL CALL Munk Love Melo Patel Schwartz Garcia CP Schaer AYES: Via phone Via phone Via phone Via phone Via phone ABSENT: ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 49 of 49