City Council

City of Passaic New Jersey Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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 PLEASE BE FURTHER ADVISED THAT DUE TO COVID-19 THIS MEETING WILL BE VIRTUAL STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON MAY 26, 2020 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS). INSTRUCTIONS ARE ALSO AVAILABLE IN THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk ALSO PRESENT: Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator (via Zoom), Christian M. Hibinski, Esq., City Attorney (via Zoom) Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. MAYOR’S REPORT  Mayor Lora updated the City Council on the peaceful demonstrations that occurred in the City this past week. Participants included clergy from different religions, council members, police and fire departments, and health care workers in solidarity as a united front that Passaic the City of Passaic will not stand for any injustice.  Free COVID-19 testing for residents continues; the City is seeking to have Mobile Testing Sites for residents that do not have transportation to get to the testing site. The City of Passaic continues to Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK test the homeless community and seeks to implement seasonal housing and job opportunities.  Outdoor dining will commence from June 12 to June 22.  He thanked Assemblyman Schaer for the legislation to enable Cosmetologists to continue to work while they obtain their New Jersey License.  Governor stated summer camps would be able to reopen on July 6.  He announced the birth of his son Charles Lora. MINUTES Council Meeting Minutes for May 19, 2020, submitted for approval. Upon motion made by Mayor Lora and seconded by Council Member Garcia the aforementioned meeting minutes were approved. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk 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. Page 2 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK After ample opportunity given and no one else responding on a motion by Council Member Garcia and seconded by Council Member Schwartz the public portion of the meeting was adjourned. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk COMMUNICATIONS AND PETITIONS: ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting the following:  Notice of their May 20, 2020 special meeting.  Notice of their May 27, 2020 remote meeting.  Notice of their June 1, 2020 remote meeting.  Notice of their Annual meeting Schedule for 2020-2021 Parking Authority of the City of Passaic, submitting the following:  Notice of their May 20, 2020 meeting  Agenda of their May 20, 2020 meeting Alcoholic Beverage Control Board, submitting the following:  Notice cancelling their May 21, 2020 meeting Passaic Municipal Court, submitting monthly report for April 2020 Personnel Actions- May 2020 Passaic Redevelopment Agency, submitting the following:  Notice cancelling their May 14, 2020 meeting. PSE&G, submitting notice of their Notice of Filing re: In the Matter of the Petition of Public Service Electric and Gas Company for Approval of the recovery of associated Page 3 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK costs related to the transition renewable energy certificate program (“TREC PROGRAM”) NJ Department of Environmental Protection, submitting the following:  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 20-05-21-1512-39  Final Warning Notice- Passaic Equities, LLC Flood Hazard Are Act/Waterfront Development Act- NJDEP File-Lan Use File No. PEA150001(74—120 Eight Street, Passaic, NJ JS Held Brennan Environmental, Inc., submitting the following:  Initial Receptor Evaluation, 858-864 Main Avenue, Passaic, NJ –NJDEP PI # 19-05-23-0742-25 JS Held Job # 20020867 Passaic Housing Authority, submitting the following:  Notice of their May 20, 2020 meeting. North Jersey District Water Supply Commission, submitting the following:  Minutes of their April 22, 2020 meeting  Notice and Agenda of their May 27, 2020 meeting  Revised notice of their My 27, 2020 meeting Zoning Board of Adjustment, submitting the following:  Notice of their May 12, 2020 meeting Passaic Valley Water Commission, submitting the following:  Notice of their May 13, 2020 meeting  Agenda of their May 13, 2020 meeting ROLL CALL (VIA ZOOM) AYES: Melo Patel Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: Munk RESOLUTIONS: THE FOLLOWING RESOLUTION WAS REMOVED FROM THE AGENDA Page 4 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JUNE 9, 2020 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Ricardo Fernandez, Business Administrator, stated on the record: that the original resolution should have read $ 35,000.00. The contract has been at this not to exceed the amount for the last couple of years. The Purchasing Department inadvertently pulled an older resolution that read $25,000.00 not to exceed, which was inserted into the resolution instead of the $35,000. The Administration is requesting that the Council approve the amendment to reconcile this clerical error to reflect the accurate $35,000 not to exceed the amount as was done in previous years. City Clerk stated on the record that there is a typographical error on Agenda Item No 17; the resolution is for the purchase of (3) 2020 CHEVROLET TAHOE is correct; the agenda incorrectly lists (2) 2020 CHEVROLET TAHOE. THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Garcia and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO.20-06-153 RESOLUTION ACCEPTING FISCAL YEAR 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD WHEREAS, as lead agency the City of Passaic has received notice from the United States Department of Justice that its joint application on behalf of the City of Passaic, City of Paterson, and City of Clifton for the 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program has been approved for funding in the aggregate amount of $180,339.00; and Page 5 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, said award has set forth the amount of program funding to each municipality as follows, subject to the terms and conditions set forth in the Grant Award and Special Conditions documents attached hereto:  City of Passaic, $40,008.00  City of Paterson, $119,305.00  City of Clifton, $21,026.00; and WHEREAS, as lead agency the City of Passaic wishes to accept the grant award in the amount of $180,339.00, subject to the terms and conditions set forth in the Grant Award and Special Conditions documents attached hereto and to disburse the grant funds to the City of Passaic, City of Paterson, and City of Clifton accordingly; and WHEREAS, as lead agency the City of Passaic wishes to execute the Grant Award and Special Conditions documents attached hereto on behalf of the City of Passaic, City of Paterson, and City of Clifton. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant award in the aggregate amount of $180,339.00 from the United States Department of Justice for the Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, subject to the terms and conditions set forth in the Grant Award and Special Conditions documents attached hereto; and BE IT FURTHER RESOLVED that the City of Passaic shall disburse the award funds to the City of Passaic, City of Paterson, and City of Clifton in accordance with the Grant Award and Special Conditions documents attached hereto for the Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City of Passaic Police Department are hereby authorized to execute the Grant Award and Special Conditions documents attached hereto for the Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City of Passaic Police Department are hereby Page 6 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK authorized to take all necessary action to accept the grant funds awarded by the United States Department of Justice for the Fiscal Year 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. CITY OF PASSAIC RESOLUTION # 20-06-154 RESOLUTION AUTHORIZING A CONTRACT WITH SAL ELECTRIC FOR ELECTRICAL SERVICES TIME & MATERIAL WHEREAS, the City of Passaic wishes to enter into a contract with Sal Electric of Jersey City, NJ for Electrical Services Time & Material offered under the Bergen County Cooperative Contract #19-21; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under Cooperative Pricing System entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, it is the recommendation of Doris Dudek, the Director of Purchasing that the contract for Electrical Services Time and Material offered under Bergen County Cooperative Contract #19-21 be awarded to Sal Electric as follows: Standard Premium Hourly Hourly Rates Rates Journeyman $ 87.86/hr. Journeyman $131.79/hr. Foreman $110.69/hr. Foreman $166.03/hr. WHEREAS, the contract is for a one (1) year period from July 1, 2020 to June 30, 2021 in an amount not to exceed $40,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Sal Electric of Jersey City, NJ in the amount not to exceed $40,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. Page 7 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CERTIFICATION OF FUNDS Funds for the above are available in Building and Grounds Contractual Account #0-01-26-310-000-029. Funds for the subsequent budget year is available, providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION # 20-06-155 RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) 2020 CHEVROLET TAHOES WHEREAS, the Passaic Police Department wishes to purchase Two (2) 2020 Chevrolet Tahoes and the Fire Department wishes to purchase One (1) 2020 Chevrolet Tahoe offered under NJ State Contract #A89938 from Gentilini Chevrolet of Woodbine, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicles are priced as follows: Unit Price Total Three (3) 2020 Chevrolet Tahoes $35,684.00/ea. $ 107,052.00 Options $18,353.50/ea. $ 55,060.50 Grand Total $54,037.50/ea. $ 162,112.50 WHEREAS, it is the recommendation of Police Chief Luis Guzman and Fire Chief Patrick Trentacost that the contract for Three (3) 2020 Chevrolet Tahoes be awarded to Gentilini Chevrolet of Woodbine, NJ under State Contract #A89938 in the amount of $ 162,112.50. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Gentilini Chevrolet of Woodbine, NJ for Three (3) 2020 Chevrolet Tahoes in the amount of $ 162,112.50. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney Page 8 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CERTIFICATION OF FUNDS Funds for the above are available in Account #0-01- 25-240-020-051 and Account #0-01-30-430-000-046. CITY OF PASSAIC RESOLUTION # 20-06-156 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2020 FORD UTILITY INTERCEPTER PASSAIC POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase One (1) 2020 Ford Utility Interceptor offered under NJ State Contract #A88728 from Winner Ford of Cherry Hill, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: Price One () 2020 Ford Utility Interceptor $ 30,344.00 Options $ 11,554.00 Total $ 41,898.00 WHEREAS, it is the recommendation of Chief Luis Guzman that the contract for One (1) 2020 Ford Utility Interceptor be awarded to Winner Ford under State Contract #A88728 in the amount of $ 41,898.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Winner Ford of Cherry Hill, NJ for One (1) 2020 Ford Utility Interceptor in the amount of $ 41,898.00 BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney CERTIFICATION OF FUNDS Page 9 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK Funds for the above are available in account #T-03- 56-306-001-240. CITY OF PASSAIC RESOLUTION NO. 20-06-157 RESOLUTION AMENDING CONTRACT WITH RES ADVISORS FOR CDBG, HOME AND ESG CONSULTANTS WHEREAS, Resolution #19-06-208 (attached) for CDBG. Home and ESG Consultant was awarded by the City Council on Tuesday, June 18, 2019; and WHEREAS, it is necessary to increase the contract amount by an additional $10,000.00 for a revised not to exceed amount of $ 35,000.00. NOW THEREFORE BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute an amendment to the contract in a not to exceed amount of $35,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Contingent upon funds for the above being available in Budget SFY 2019-2020 Home Program CITY OF PASSAIC RESOLUTION #20-06-158 RESOLUTION AUTHORIZING THE PURCHASE OF SCHEDULING SOFTWARE (VISUAL COMPUTER SOLUTIONS) PASSAIC POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase Scheduling Software (Visual Computer Solutions) offered under NJ State Contract # A-89851 from SHI International, Somerset, NJ; and Page 10 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, SHI International partners with leading manufacturers as a resaler for hardware, software & IT services. SHI International has been awarded NJ State and Cooperative Purchasing Contracts. This allows public entities to streamline their purchases for various IT services; and WHEREAS, it is recommendation of Police Chief, Luis Guzman, that the contract for Scheduling Software (Visual Computer Solutions) be awarded to SHI International in the amount of $18,855.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for Scheduling Software (Visual Computer Solutions) be awarded to SHI International, Somerset, NJ, in the amount of $18,855.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # 0-01- 25-240-020-024 CITY OF PASSAIC RESOLUTION NO. 20-06-159 RESOLUTION AWARDING CONTRACT FOR PULASKI PARK RUBBERIZED TRACK SURFACE CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Wednesday, May 27, 2020 Pulaski Park Rubberized Track Surface; and WHEREAS, a bid was received as per the attached: and Page 11 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, in addition to the attached, bids were picked up by the following, none of whom submitted bids: C & H No Fault, LLC The Blue Book Totowa, NJ Baton Rouge, LA Jefferson Valley, NY Z-Tech Contracting The Landtek Group ICP Building Solutions Mountainside, NJ Amityville, NY Andover, MA Construct Connect Crafco Norcross, GA Nassau, NY WHEREAS, it is the recommendation of Boswell Engineering that the lowest responsible, responsive bidder American Athletic of Vincentown, NJ be awarded the contract in the amount of $249,780.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Pulaski Park Rubberized Track Surface be awarded to American Athletic of Vincentown, NJ in the amount of $ 249,780.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02-40-GA9- 019-000, G-02-40-OS9-019-PPI and B-12-45-BG9-125-9PP. CITY OF PASSAIC RESOLUTION NO._20-06-160 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FEDERAL FISCAL YEAR (FFY) 2021 WIC HEALTH SERVICE GRANT WHEREAS, the City of Passaic WIC Program has received notice from NJ WIC Services regarding the availability of funds for the 2021 federal fiscal year; and WHEREAS, the City of Passaic WIC Program wishes to submit an application for the FFY 2021 WIC Health Service Grant (“Grant”); and Page 12 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, the purpose of the Grant is to fund the salaries and fringes of the WIC staff, supplies and program expenses, travel to conferences and meetings, and facility costs; and WHEREAS, in response to the COVID-19 pandemic and NJ Department of Health’s commitment to following CDC guidelines to prevent the spread of infection, dedicated funds are being provided in FFY 2021 to support on-going measures to maintain a safe and healthy clinic environment for both the WIC staff and clients; and WHEREAS, these funds are provided for the sole purpose of purchasing personal protective equipment (PPE) for WIC staff and clinic visitors and to make minor clinic modifications to promote social distancing; and WHEREAS, these funds are not able to be budgeted for any other WIC purchases and any unused balance that remains at the end of the fiscal year must be returned to the State; and WHEREAS, NJ WIC Services has recommended that a Grant application for funding be submitted as follows: FFY 2021 USDA NSA (October 1, 2020 – September 30, 2021) $968,700 FFY 2021 Target USDA Breastfeeding Funding $70,785 FFY 2021 Personal Protective Equipment Funding $19,656 Total FFY 2021 WIC NSA Funding $1,059,141 Total FFY 2021 Food Funds for Breast Pump Purchases $2,000 Total FFY 2021 Breastfeeding Peer Counseling Funding $80,048 Total FFY 2021 HSG Funding $1,141,189 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic WIC Program is hereby authorized to submit a grant application to NJ WIC Services in the amount of $1,141,189 for FFY 2021 HSG funding subject to the terms and conditions of the grant guidance attached hereto; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk, Passaic WIC Program, and Health Officer 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 13 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 20-06-161 RESOLUTION AWARDING CONTRACT FOR 2019 ROAD IMPROVEMENT PROGRAM CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Thursday, May 28, 2020 for 2019 Road Improvement Program; and WHEREAS, bids were received as per the attached: and WHEREAS, in addition to the attached, bids were picked up by the following, none of whom submitted bids: American Asphalt & Milling Dodge Reports CBS Kearny, NJ Hamilton Twp., NJ Cary, NC The Blue Book Source Management Cedar Contracting Jefferson Valley, NY Seattle, WA Hillside, NJ Prime Vendor Construct Connect Wilmington, NC Cincinnati, OH WHEREAS, it is the recommendation of Boswell Engineering that the lowest responsible, responsive bidder Smith Sondy Asphalt Construction of Wallington, NJ be awarded the contract for 2019 Road Improvement Program in the amount of $ 617,973,61 inclusive of Alternate Bid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for 2019 Road Improvement Program be awarded to Smith Sondy Asphalt Construction of Wallington, NJ in the amount of $ 617,973.61 inclusive of Alternate Bid. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in DOT Account #G-02- 40-346-019-9RD. Page 14 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 20-06-162 RESOLUTION AUTHORIZING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISALLOWED ACTIVITIES FUNDING WHEREAS, the City of Passaic, designated as an Entitlement City, receives funding annually from the Department of Housing and Urban Development (HUD) via the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding sources and, WHEREAS, these funds are awarded to conduct/administer allowable activities based on specific rules and regulations governing each funding source and, WHEREAS, in the event the activity is ultimately deemed “disallowed” by HUD all HUD funding expended must be reimbursed using City account(s) funding or, based on the age of such funding to the City’s Local Account for reallocation to an eligible activity/activities and, WHEREAS, the following activities and CDBG applicable funding were deemed “disallowed” for fiscal years 2010, 2011 and 2012, and Fiscal IDIS City Account # Activity Name Disallowed Years’ Activity Amount Funding # 2010 743 B-12-36-BG0-743-828 YMCA of Passaic and $50,687.00 Clifton 2011 753 B-12-37-BG1-753-808 Mt. Pilgrim Tiny Tot Day $ 5,000.00 Care 2012 799 B-12-38-BG2-799-808 Mt. Pilgrim Tiny Tot Day $10,000.00 Care Returned to Local Account - Total Disallowed Amount: $65,687.00 WHEREAS, the following activities and CDBG applicable funding were deemed “disallowed” for fiscal years 2015 and 2016 and, Fiscal IDIS City Account # Activity Name Disallowed Years’ Activity Amount Funding # Page 15 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK 2015 928 B-12-41-BG5-928-806 YMCA of Passaic and $17,500.00 Clifton 2016 967 B-12-42-BG6-967-806 YMCA of Passaic and $20,000.00 Clifton Returned to City’s Line of Credit - Total Disallowed Amount: $37,500.00 WHEREAS, these activities total a “disallowed” amount of ONE HUNDRED THREE THOUSAND ONE HUNDRED EIGHTY-SEVEN DOLLARS AND NO CENTS ($103,187.00) and have been returned to either the City’s local account or the City’s line of credit as per rules and regulations governing such funding and, WHEREAS, all referenced activities have been cancelled in HUD’s Integrated Disbursement and Information System (IDIS) and HUD has released these funds from the disallowed activities referenced above and, NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the total disallowed amount of ONE HUNDRED THREE THOUSAND ONE HUNDRED EIGHTY-SEVEN DOLLARS AND NO CENTS ($103,187.00) be reallocated as follows: Activity Name CDBG Funding Source Amount Allocated Dignity House Public Facility $65,687.00 Contingency Fund Public Facilities $37,500.00 Total Reallocated Amount: $103,187.00 BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Department of Community Development are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. Page 16 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC ORDINANCE NO.__2267-20 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 149 “FOOD ESTABLISHMENTS” TO ESTABLISH ARTICLE IX “FLEA MARKETS” 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, for reasons of public health, safety and welfare, the City of Passaic desires to amend Chapter 149 of the City Code of the City of Passaic “Food Establishments” to create a new section titled “Flea Markets” which shall allow for flea markets to be held on public property and shall govern vendors of food and goods for flea markets in the City of Passaic. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Code of the City of Passaic Chapter 149 “Food Establishments” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I ARTICLE IX. FLEA MARKETS § 149-60 Purpose. It shall be the intent of this article to provide rules, regulations and standards for operation of flea markets in the City of Passaic while simultaneously encouraging the consumption of local food and support of small businesses. Page 17 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK § 149-61 Restriction on sponsorship, management and operation; duties. A. Sponsorship, management, and operation of flea markets shall be restricted to the City of Passaic, Department of Human Services, Division of Recreation. No other person, persons, firm or corporation shall be eligible to sponsor, manage, or operate a flea market within the limits of the City of Passaic. B. The Department of Human Services, Division of Recreation shall ensure that only licensees operate at the flea market. C. A licensee shall make no additions during the period of the licensed sale to the goods originally offered, except such goods as shall have been in his/her possession prior thereto. A licensee shall refrain from employing any untrue, deceptive or misleading advertising. A licensee shall place no products, signs or other materials in or on the public right-of-way or in any way interfere with the free flow of pedestrian or vehicular traffic thereon. A licensee must comply at all times in all ways with the provisions of this chapter and any and all other applicable codes and regulations of the City of Passaic, County of Passaic and State of New Jersey. § 149-62 Operating season; location. A. Operation shall be limited to weekends between June 1 and October 31 of the same calendar year, which shall be known as the regular operating season. Hours of operation shall be no earlier than 8:00 a.m. and shall end no later than 6:00 p.m. Requests for operating on weekends outside of the regular season shall be handled on a case by case basis at the discretion of the City. B. Page 18 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK Flea markets shall traditionally only be permitted at Plaza Garibaldi, located at Dayton Avenue and Monroe Street, inclusive of the portion of Madison Street located between Hope Avenue and 1st Street, in the City of Passaic. C. The City of Passaic may determine additional public locations throughout the City for flea markets to be held on occasion or for specific events. In order to accommodate for a specific event, the City of Passaic may permit a flea market to be held on any day of the week for the necessary time frame. All other public locations shall be subject to the same provisions of this Chapter as the Plaza Garibaldi location unless otherwise stated herein. § 149-63 Flea market vendor license required; dates of validity. A. A flea market vendor license shall be required for each individual stand, kiosk, booth, table, pushcart or similar conveyance from which food or goods are served or sold, whether with or without charge, at the flea market. B. Flea market vendor licenses shall be valid on weekends from June 1 to October 31 of the same calendar year in which they were issued. C. Temporary vendor licenses may be issued and be valid on a limited basis for individual weekends and specific events. Full license holders have the right of first access to spaces at all locations and a temporary license may only be granted if there is available space on site. Availability is determined based on the amount of spaces remaining on the last weekday prior to the desired weekend usage. Temporary vendor licenses may not be issued in advance or in bulk and are limited to one per weekend or event per vendor if space is available. Temporary vendor licenses may additionally be granted on a case by case basis at the discretion of the City to allow for operations outside of the regular season. Page 19 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK § 149-64 Transferability of licenses. Licenses, once issued, shall not be transferable to another event, location, person or entity, or date. All temporary licenses, if granted, shall be issued separately from regular season licenses. No regular season license shall be valid after the end date of the operating season of the calendar year in which it was issued. § 149-65 Application for flea market vendor license. A. A license issued by the City Clerk shall be obtained by any person before selling or offering to sell any advertised food or goods at the flea market. B. Any person who is denied a license shall have the right to a review of such denial by the City Council by filing a written petition for such review to the City Council within five days of the date of such denial. C. Applicant shall provide the name and address of the owner of the food or goods to be the object of the sale. If two or more unrelated persons are conducting the sale jointly, the names and addresses of all such persons shall be supplied. D. Applications for licenses shall be accepted on a rolling basis. The number of vendors permitted on any given day or time of the weekend shall be subject to the space available on that given day and time. Spaces shall be assigned to vendors on a first-come-first served basis upon request by a licensed applicant until all available space is occupied subject to the fire safety and zoning codes of the State of New Jersey. Should a vendor wish to only utilize a space for a specific portion of a given day, Page 20 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK the space may be utilized by another vendor for the remaining unassigned hours. § 149-66 Investigation required prior to issuance of licenses. Upon receipt of an application for a flea market license, the Division of Health shall conduct an investigation into any plans for the serving of food or goods, including qualifications of food handlers, the type of equipment to be used, and the safety of foods or goods to be sold. Upon preliminary satisfactory evidence of compliance with this article and N.J.A.C. 8:24-1.1 et seq., the Division of Health shall advise the City Clerk in writing that a license may be issued. § 149-67 License fees and issuance. A. The following license fees shall be made payable to the City of Passaic: (1) Flea market vendor license: $250. (2) Duplicate flea market vendor license: $25. (3) Temporary flea market vendor license: $25. B. At least 10 full flea market vendor licenses shall be specifically reserved in a calendar year solely for pushcart vendors. A pushcart shall be defined as a mobile cart with wheels upon which food or goods are sold and advertised. All pushcart vendor licenses shall only be valid within the City of Passaic on allotted weekend hours for their designated location. Temporary pushcart licenses Page 21 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK may be available for individual specific events or occasions at other locations if space should allow. Pushcart vendors holding a flea market license are only allowed to utilize the location specifically designated on their approved license and are not permitted to operate elsewhere within the City of Passaic. No pushcart vendor without a valid license for a specific location shall be allowed to operate within that location. The 10 designated full flea market vendor licenses for pushcart vendors shall be distributed on a first-come-first-served basis. No pushcart vendor shall park in any manner which obstructs the flow of vehicular traffic along Dayton Avenue, Monroe Street or 1st Street at the Plaza Garibaldi location nor cause obstruction at any other public location. Pushcarts shall be considered mobile food establishments and are subject to all existing Municipal Code provisions governing such generally within the City of Passaic. C. No license fees, late fees, or duplicate fees shall be charged to public schools or charitable or nonprofit organizations. D. Fees for licenses issued under this article shall only be made payable to the City of Passaic by the applicant in cash, cashier's check, or money order. § 149-68 License and evaluation placard display. The flea market vendor license, along with the inspection evaluation placard issued by the Division of Health if the vendor sells food, shall be posted in a conspicuous place where it may be readily observed at eye level by all patrons on the stand, kiosk, booth, table, pushcart or other similar conveyance during the length of the establishment's operation. No portion of the license or evaluation placard shall be obstructed from view during display. It shall be unlawful for any person to erase, cancel, deface, or alter any license or evaluation placard once it has been issued by the Division of Health. § 149-69 Food handling, sanitary requirements, employee hygiene and potentially hazardous foods. Page 22 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK Flea markets shall meet the following requirements at all times when in operation: A. All foods, including home-prepared foods, used, sold, or served must be approved by the Division of Health. B. Food preparation shall be limited to the extent necessary to adequately sell or serve food. All cooking demonstrations shall be authorized by the Division of Health and not pose foreseeable risk to the public. All foods prepared during cooking demonstrations shall be for immediate consumption by the public and meet the requirements of N.J.A.C. 8:24-1.1 et seq. C. Mobile food establishments may be permitted at the flea market provided that they meet the requirements of this Chapter and all other City and state regulations. D. All foods shall be elevated off of the ground a minimum of six inches and shall be protected from contamination and vermin at all times. E. Vehicles used for the transport of food to and from the farmers' markets, along with storage containers or other equipment used for conveyance and display, shall be kept in a clean, vermin-free, and sanitary manner. F. All equipment used for the storage and conveyance of food, including prepackaged foods, shall be nonabsorbent, smooth, easily cleanable, of corrosive-resistant material, and meet the requirements of the New Jersey Administrative Code at N.J.A.C. 8:24-1.1 et seq., as the same may be from time to time amended and supplemented. All linens used shall be clean. Page 23 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK G. Flea market vendors and their employees shall only eat, drink, or use any form of tobacco where the contamination of exposed food, clean equipment, utensils, linens, unwrapped single-service and single-use articles, or other items needing protection cannot result. H. The premises in which a flea market vendor operates shall be kept clean, free of litter, free of nuisances, and sanitary at all times. Ample waste receptacles to permit collection of refuse and litter shall be provided by vendors for their use. Waste receptacles shall be routinely serviced to prevent overflow. Flea market vendors shall not use public waste receptacles for disposal of waste generated unless approved by the City of Passaic. I. Flea market vendors and their employees shall ensure that all bags or containers of trash, refuse, and garbage are removed at the end of each day. All discarded foods shall be deposited in plastic bags or nonabsorbent, easily cleanable, leakproof and verminproof containers. J. Flea market vendors and their employees shall practice the highest level of personal hygiene. Flea market vendors and their employees shall wear clean outer garments and keep their hands and exposed arms clean at all times. K. An approved means of hand washing, such as commercially packaged hand-wash tissues or an approved hand-washing facility, shall be provided for convenient and expeditious use of all flea market vendors and their employees. L. Upon request, the Division of Health shall be permitted to examine the health and sanitary records of all vendors Page 24 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK at the flea market to obtain information pertaining to food and supplies purchased, received or used and persons employed. M. Single-use utensils and napkins shall be used to provide samples of food to members of the public. Single-use utensils and napkins shall be protected from contamination at all times. Retrieval of samples shall be performed by the flea market vendor or his/her employees. Self-service sampling shall be prohibited. Once used, a single-use utensil or napkin may not be used to provide additional samples. § 149-70 Goods. A. Goods shall be defined as all products to be sold at the flea market that are not food under this Chapter. In addition to food, vendors may choose to sell goods of their choosing subject to the provisions herein at the flea market. B. A licensed vendor may sell different goods during the regular season of a calendar year and is in no way limited to only selling one specific good. A detailed description of all goods to be sold on any given date or time during the calendar year shall be provided by the vendor to the City of Passaic for review minimally during the week prior to the weekend on which the vendor wishes to sell such goods. Only the goods that are listed and approved shall be permitted to be sold by the vendor at the flea market. Selling unauthorized goods shall result in the suspension of one’s license for the remainder of the calendar year without a refund and may affect applications in future calendar years. C. No goods shall be permitted to be sold at the flea market if such is a good that is deemed illegal or impermissible to be sold to the public by the United States federal government or the government of the State of New Jersey. Page 25 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK D. No goods by their nature that are potentially dangerous or hazardous shall be permitted to be sold at the flea market. E. The City of Passaic reserves the right to deny a licensed vendor the ability to sell a specific good at the flea market upon review should the potential sale of that good violate the provisions of this Chapter or state law. § 149-71 Site regulations. A. Each vendor shall only operate their approved business at the flea market within the space of the site assigned to them by the City of Passaic on that given date and time. There shall only be one vendor per assigned site. B. Each vendor shall have a choice of the stand, kiosk, booth, table or similar conveyance on which to sell their food or goods, so long as that conveyance fits within the confines of their assigned site space and does not violate any other provisions of the Municipal Code or state law. C. Each initially assigned operating site shall be equal in size subject to the parameters of the location. Larger or smaller operating spaces have the potential to be assigned to a vendor upon request, availability of total space on a given date, and good cause shown should the assignment of such not violate any other provisions of the Municipal Code or state law. D. Operating sites within a location may be selected by the licensed vendor on a first-come-first served basis. If no specific site is designated or no preference is indicated, the next available site will be automatically assigned to the vendor. Page 26 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK E. At the end of a designated time slot, it shall be the responsibility of the vendor to restore the operating site’s space to its state prior to vendor’s use, including disposal of all garbage on the premises subject to the provisions of this Chapter. 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 Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schwartz the public hearing be held on June 23, 2020. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk PAYMENT OF BILLS On a motion by Council Member Garcia and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL (VIA ZOOM) Page 27 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk ADMINISTRATOR’S REPORT  He is working with the mayor to expand protective services for residents. MAYOR’S REPORT  City departments continue with city improvements, including road work, e.g., painting crosswalks, road paving, and other improvements  Work continues on the Dundee Island project, Pulaski park project, including rubberized running track at Pulaski, planting trees at Second Ward school COUNCIL REMARKS: Council Member Thanked the mayor for his leadership and for Jose Garcia: providing services during COVID-19 Pandemic and congratulated him and his wife on the birth of their son Charles “NJ” Lora. Council Member Thanked the City Clerk and her staff for being Terrence Love: professional and providing full services to the public. Thanked the police and mayor for their support during demonstrations that occurred this week and congratulated the mayor and his wife on the birth of their child Charles “NJ” Lora. Council Member Congratulated the mayor and his wife on the Daniel Schwartz: birth of their child Charles “NJ” Lora and thanked the mayor for his leadership and providing services during COVID-19 Pandemic. Council Member Thanked the City Clerk and her staff for being Thania Melo: professional and providing full services to the public. Thanked the mayor for his leadership and providing services during COVID-19 Pandemic. Council Member Congratulated the mayor and his wife on the Salim Patel: birth of their child Charles “NJ” Lora. Congratulated Thania Melo on the birth of her son. thanked the mayor for his leadership and providing services during COVID-19 Pandemic. Hopefully this will over soon. Council President Thanked all departments for their continuous Gary Schaer: work during the COVID-19 pandemic. Thanked the City Clerk and her staff for being professional and providing full services to the public. Thanked the mayor for his leadership and Page 28 of 29 Passaic City Council June 9, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK providing services during COVID-19 Pandemic. Congratulated the mayor and his wife on the birth of their child Charles “NJ” Lora. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council President Schaer the meeting was adjourned at 7:50 p.m. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Munk ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 29 of 29