Redevelopment Agency

Redevelopment Agency Meeting Minutes October 17, 2019 Page #1 Redevelopment Agency Re-Organization Meeting Thursday, October 17, 2019 7:00 p.m. City of Passaic, Mayor’s Conference Room Commissioners Present: Ruth Perez, Kimberly Perez, Angel Torres and Chaim Munk Commissioners Absent: Arthur Soto, Peter Cedeno-Castro and David Spector Staff Present: Ricardo Fernandez/Executive Director, Eric Bernstein, Esq. /Attorney, Joe Buga/Project Manager Proper Notice: Adequate notice of the meeting was provided by notice to the Herald & News and Bergen Record, and by posting on the City Clerk’s bulletin board specifying the time, place and known agenda I. Roll Call II. Pledge of Allegiance III. Public Session IV. Minutes of the meeting for July 18, 2019 Moved: Chaim Munk Second: Kimberly Perez For: 3 Against: 0 Abstain: 1 Not Present: 3 Redevelopment Agency Meeting Minutes October 17, 2019 Page #2 V. The bill list for October 17, 2019 in the amount of $38,233.68 was reviewed and approved. Moved: Kimberly Perez Second: Angel Torres For: 4 Against: 0 Abstain: 0 Not Present: 3 VI. RESOLUTIONS CITY OF PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-13 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE PASSAIC REDEVELOPMENT AGENCY DESIGNATING MASER CONSULTING, P.A. FOR INSPECTION, INVENTORY AND ESTIMATE FOR RELOCATION IN CONNECTION WITH ACQUISITION OF CERTAIN PROPERTY IN THE CITY OF PASSAIC. WHEREAS, the City of Passaic previously designated properties located at 217 Brook Avenue, Block 3319, Lot 1, inclusive of the New Jersey Transit right of way adjacent to Block 3319, Lot 1; Block 3318A, Lots 7 and 20, located between Brook Avenue and Amsterdam Avenue; Block 3318C, Lots 9 and 20, located between Amsterdam Avenue and Terhune Avenue; and approximately five (5) feet of Amsterdam Avenue adjacent to 217 Brook Avenue on the Tax Map of the City of Passaic (hereinafter referred to jointly as the “Property”) as an area in need of redevelopment pursuant to Passaic City Ordinance 2058-16 and as set forth in the Scattered Site Redevelopment Plan; and, Redevelopment Agency Meeting Minutes October 17, 2019 Page #3 WHEREAS, the Passaic Redevelopment Agency (hereinafter referred to as the “Agency”) retained the services of the Otteau Group, Inc., as appraiser and valuation expert to conduct inspections of the Property in accordance with the requirements of N.J.S.A. 20:3-1, et seq., N.J.S.A. 40A:12A-8(e) and R. 4:73-1 of the Rules of Court, and determine an amount of fair compensation to be offered to the owner(s) of certain limited property rights and interests in the Property; and, WHEREAS, such appraisal and valuation services requires the engineering expertise of a licensed engineer to perform inspection, inventory and preparation of a report to the Passaic Redevelopment Agency for the use of the Otteau Group, Inc., in preparing a final appraisal; and, WHEREAS, such inspection, inventory and report preparation constitute professional services which require the possession of certain state certifications and professional certifications and other qualification of a professional nature pursuant to N.J.S.A. 40A:11-5(1)(a)(i); and, WHEREAS, Maser Consulting, P.A., submitted a proposal which is annexed hereto and incorporated as if more fully set forth at length herein, for professional services (hereinafter referred to as the “Proposal”), in response to a request for quote for professional services by the Agency for the appraisal and valuation of the Property; and, WHEREAS, the Agency’s Board of Commissioners has reviewed the Maser Consulting, P.A., Proposal and found same to be qualified to perform the appraisal and valuation of the Property; and, WHEREAS, the proposed services shall be for a period not to exceed twelve (12) months and until the appointment of a successor, and for less than or up to the sum of two thousand five hundred dollars ($2,500.00) unless otherwise agreed to by the parties in writing in advance: Redevelopment Agency Meeting Minutes October 17, 2019 Page #4 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Passaic Redevelopment Agency that: 1. The above recitations are incorporated herein as if set forth at length; and, 2. Maser Consulting, P.A. is hereby designated as the engineering consultant to provide a licensed engineer to perform inspection, inventory and preparation of a report to the Passaic Redevelopment Agency for the use of the Otteau Group, Inc., in preparing a final appraisal with regard to relocation expenses for a T-Mobil cellular tower rooftop installation at the said Property; and, 3. The terms of the Proposal of Maser Consulting, P.A., as attached and incorporated herein are hereby approved and adopted by the Board of Commissioners, and shall be incorporated into a contract for professional services in accordance with N.J.S.A. 40A:11-5(1)(a)(i); and, BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to the review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: ____Kimberly Perez SECONDED BY: _____Angel Torres For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Redevelopment Agency Meeting Minutes October 17, 2019 Page #5 Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Adopted on _October 17, 2019___________ PASSAIC REDEVELOPMENT AGENCY _Original Signature on File_______ Ricardo Fernandez, Executive Director 2020 AUTHORITY BUDGET RESOLUTION 19-14 Passaic Redevelopment Agency (Name) FISCAL YEAR: FROM: January 1, 2020 TO: December 31, 2020 WHEREAS, the Annual Budget and Capital Budget for the Passaic Redevelopment Agency for the fiscal year beginning, January 1, 2020 and ending, December 31, 2020 has been presented before the governing body of the Passaic Redevelopment Agency at its open public meeting of October 17, 2019; and WHEREAS, the Annual Budget as introduced reflects Total Revenues of $ 10,000, Total Appropriations, including any Accumulated Deficit if any, of $ 100,000 and Total Unrestricted Net Position utilized of $ 90,000; and WHEREAS, the Capital Budget as introduced reflects Total Capital Appropriations of $-0- and Total Unrestricted Net Position planned to be utilized as funding thereof, of $-0-; and WHEREAS, the schedule of rates, fees and other charges in effect will produce sufficient revenues, together with all other anticipated revenues to satisfy all obligations to the holders of bonds of the Authority, to meet operating expenses, capital outlays, debt service requirements, and to provide for such reserves, all as may be required by law, regulation or terms of contracts and agreements; and Redevelopment Agency Meeting Minutes October 17, 2019 Page #6 WHEREAS, the Capital Budget/Program, pursuant to N.J.A.C. 5:31-2, does not confer any authorization to raise or expend funds; rather it is a document to be used as part of the said Authority's planning and management objectives. Specific authorization to expend funds for the purposes described in this section of the budget, must be granted elsewhere; by bond resolution, by a project financing agreement, by resolution appropriating funds from the Renewal and Replacement Reserve or other means provided by law. NOW, THEREFORE BE IT RESOLVED, by the governing body of the Passaic Redevelopment Agency, at an open public meeting held on October 17, 2019 that the Annual Budget, including all related schedules, and the Capital Budget/Program of the Passaic Redevelopment Agency for the fiscal year beginning, January 1, 2020 and ending, December 31, 2020 is hereby approved; and BE IT FURTHER RESOLVED, that the anticipated revenues as reflected in the Annual Budget are of sufficient amount to meet all proposed expenditures/expenses and all covenants, terms and provisions as stipulated in the said Authority's outstanding debt obligations, capital lease arrangements, service contracts, and other pledged agreements; and BE IT FURTHER RESOLVED, that the governing body of the Passaic Redevelopment Agency will consider the Annual Budget and Capital Budget/Program for adoption on December 12, 2019. __ORIGINAL SIGNATURE ON FILE ___ ___October 17, 2019___ (Secretary’s Signature) (Date) Recorded Vote Governing Body Member: Aye Nay Abstain Absent Chairman Arthur Soto X Vice Chairman Peter Cedeno-Castro X Chaim Munk X Ruth Perez X Kimberly Perez X David Spector X Angel Torres X Page C-5 Redevelopment Agency Meeting Minutes October 17, 2019 Page #7 PASSAIC REDEVELOPMENT AGENCY REDEVELOPMENT RESOLUTION 19-15 ATTACHED GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT INTRODUCED BY: _____Kimberly Perez SECONDED BY: _____Angel Torres For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Adopted on: October 17, 2019 PASSAIC REDEVELOPMENT AGENCY ___ORIGINAL SIGNATURE ON FILE _ Ricardo Fernandez, Executive Director Redevelopment Agency Meeting Minutes October 17, 2019 Page #8 GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT FORM OF RESOLUTION WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year 2018 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations, and, WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. Redevelopment Agency Meeting Minutes October 17, 2019 Page #9 NOW, THEREFORE BE IT RESOLVED, That the Redevelopment Agency of the City of Passaic, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON October 17, 2019. __ORIGINAL SIGNATURE ON FILE___ Clerk CERTIFICATION OF GOVERNING BODY OF THE ANNUAL AUDIT GROUP AFFIDAVIT FORM NO PHOTO COPIES OF SIGNATURES STATE OF NEW JERSEY COUNTY OF Passaic We, members of the governing body of the Passaic Redevelopment Agency in the County of Passaic, being duly sworn according to law, upon our oath depose and say: 1. We are duly appointed members of the Passaic Redevelopment Agency of the City of Passaic in the county of Passaic; 2. In the performance of our duties, and pursuant to N.J.A.C. 5:30-6.5, we have familiarized ourselves with the contents of the Annual Municipal Audit filed with the Clerk pursuant to N.J.S.A. 40A:5-6 for the year 2018; 3. We certify that we have personally reviewed and are familiar with, as a minimum, the sections of the Annual Report of Audit entitled “Comments and Recommendations.” Chairman Arthur Soto Original Signature on File Vice-Chair Ruth Perez Original Signature on File Chaim Munk Original Signature on File Kimberly Perez Original Signature on File Redevelopment Agency Meeting Minutes October 17, 2019 Page #10 Angel Torres Original Signature on File David Spector Original Signature on File Sworn to and subscribed before me this _________day of ______________ Notary Public of New Jersey __ Original Signature on File ________ Clerk --------------------------------------------------------------------------------------------------------------------- ------ The Municipal Clerk (or Clerk of the Board of Chosen Freeholders as the case may be) shall set forth the reason for the absence of signature of any members of the governing body. IMPORTANT: This certificate must be sent to the Bureau of Financial Regulation and Assistance, Division of Local Government Services, P.O. Box 803, Trenton, New Jersey 08625. PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-16 RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH IDIL PASSAIC, LLC FOR THE PROPERTY LOCATED AT 26 JEFFERSON STREET IN THE CITY OF PASSAIC, COUNTY OF PASSAIC, STATE OF NEW JERSEY WHEREAS, IDIL Passaic, LLC (hereinafter referred to as the “Redeveloper”) is the owner of property known and designated on the City’s Tax Maps as Block 4075.01, Lots 2, 3, 35.01, 37.01, 39-44 and 47, with a street address of 26 Jefferson Street in the City of Passaic, County of Passaic, State of New Jersey 07055 (hereinafter referred to as the “Subject Property”); and, WHEREAS, the City of Passaic (hereinafter referred to as the “City”), invoking the Local Redevelopment and Housing Law (“LRHL”), N.J.S.A. 40A:12A-1 et seq., created the Passaic Redevelopment Agency (hereinafter referred to as the “PRA”); and, Redevelopment Agency Meeting Minutes October 17, 2019 Page #11 WHEREAS, the City, invoking the LRHL, adopted a zoning plan known as the East Side Redevelopment Plan (hereinafter referred to as the “Plan”); and, WHEREAS, the City, invoking the LRHL, designated the Subject Property as an area in need of redevelopment; and, WHEREAS, the PRA, with the approval of Resolution 18-18 at their October 25, 2018 Board meeting, designated the Redeveloper as the Redeveloper of the Subject Property; and, WHEREAS, the PRA and the Redeveloper have conducted ongoing discussions regarding the proposed redevelopment of the Subject Property; and, WHEREAS, the PRA and the Redeveloper have come to an agreement as to the redevelopment of the Subject Property, the most recent of which is attached hereto and made a part hereof, and it has been determined that it is appropriate to approve the execution of the attached agreement. NOW THEREFORE BE IT RESOLVED by the PRA that the Executive Director and the Chairman of the Agency are hereby authorized to execute the Redevelopment Agreement that is attached hereto and made a part hereof whereby IDIL Passaic, LLC agrees to the terms of the redevelopment of the Subject Property pursuant to the terms therein, subsequent to the execution of the Redevelopment Agreement by IDID Passaic, LLC’s designated and authorized representatives. INTRODUCED BY: ____Chaim Munk_____ SECONDED BY: ______Kimberly Perez____ For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Redevelopment Agency Meeting Minutes October 17, 2019 Page #12 Commissioner David Spector X Commissioner Angel Torres X Adopted on October 17, 2019 PASSAIC REDEVELOPMENT AGENCY ___ORIGINAL SIGNATURE ON FILE_ Ricardo Fernandez, Executive Director MOTION FOR CLOSED SESSION TO DISCUSS POSSIBLE LITIGATION AND NEGOTIATION BEFORE APPROVING THE RESOLUTION BELOW CLOSED SESSION: Moved: Chaim Munk Second: Kimberly Perez For: 4 Against: 0 Abstain: 0 Not Present: 3 OPEN SESSION: Moved: Kimberly Perez Second: Arthur Soto For: 4 Against: 0 Abstain: 0 Not Present: 3 PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 19-17 RESOLUTION AUTHORIZING A NOTICE OF DE-DESIGNATION OF CAPODAGLI PROPERTY COMPANY, LLC AS REDEVELOPER FOR THE PROPERTY LOCATED AT 1-11 SOUTH MARKET STREET AND CANAL STREET IN THE CITY OF PASSAIC, COUNTY OF PASSAIC, STATE OF NEW JERSEY, BLOCK 1030, LOT 53 AND BLOCK 1036, LOT 82 Redevelopment Agency Meeting Minutes October 17, 2019 Page #13 WHEREAS, Capodagli Property Company, LLC (hereinafter referred to as the “Redeveloper”) was the intended contract purchaser of properties located at 1-11 South Market Street and Canal Street, known on the City’s Tax Maps as Block 1030, Lot 53 and Block 1036, Lot 82 (hereinafter referred to as the “Property”), which is located within the geographic boundaries of the City of Passaic (hereinafter referred to as the “City”) in an area that has been designated by the City as an area in need of redevelopment/rehabilitation, which property is included in a duly adopted zoning plan known as the Eastside Redevelopment Plan for the City of Passaic, County of Passaic, State of New Jersey (hereinafter referred to as the “Plan”), as amended; and, WHEREAS, the Redeveloper submitted a redevelopment proposal, on or about October 6, 2017, (hereinafter referred to as the “Proposal”) to the City of Passaic Redevelopment Agency (hereinafter referred to as the “Agency”) for the Property for uses in conformity with the Plan as amended; and, WHEREAS, the Redeveloper was designated Redeveloper pursuant to Passaic Redevelopment Agency Resolution 17-24; and, WHEREAS, the Redeveloper is no longer the contract purchaser of the Property as the Property has been purchased by another redevelopment agency. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 1. The above recitations are incorporated herein as if set forth at length; and, Redevelopment Agency Meeting Minutes October 17, 2019 Page #14 2. Capodagli Property Company, LLC shall be de-designated and removed as the Redeveloper for the Property upon the PRA sending it ninety (90) days’ written notice; and, 3. The Interim Costs Agreement dated on or about January 8, 2018 shall be terminated upon the de-designation of the Redeveloper. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary are hereby authorized to execute any and all documents necessary to effectuate this Resolution, specifically, by putting Capodagli Property Company, LLC on written Notice of said de- designation, subject to review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: _____Angel Torres_____ SECONDED BY: _______Kimberly Perez____ For Against Abstain Absent Chair Arthur Soto X Vice Chair Ruth Perez X Commissioner Peter Cedeno-Castro X Commissioner Chaim Munk X Commissioner Kimberly Perez X Commissioner David Spector X Commissioner Angel Torres X Adopted on October 17, 2019 PASSAIC REDEVELOPMENT AGENCY __ORIGINAL SIGNATURE ON FILE Ricardo Fernandez, Executive Director Redevelopment Agency Meeting Minutes October 17, 2019 Page #15 VII. UPDATES BY EXECUTIVE DIRECTOR RICARDO FERNANDEZ 711-729 Main Avenue The City has opened the bids for a developer of 711-729 Main Avenue which is the school construction site. The lowest bid was $650k and the highest was at $850k. We are reviewing the submittals and getting paperwork ready to have the developer come in to the next meeting with a document for the board to review for possible designation. Areas in Need of Rehabilitation Several sites to be reviewed at the next council meeting to be designated as areas in need of rehabilitation to be referred to the planning board. We look forward to start the year off strong. Dayton Avenue Educational Complex Heavy construction happening right now. The anticipated completion time is in 2022 or 2023. Also 90 Dayton Avenue is starting to get completely occupied. The work that is soon to happen at 26 Jefferson / Pantasote we look to change the entire corridor for the better. Wall Street Railroad A second scoping hearing will be held on November 14, 2019 at 7:00 pm in the Council Chambers. Completed Projects not through the redevelopment Hudson Tire on Fifth Street and Passaic Street has been approved for development. Also the corner of Third Street and Passaic Street is scheduled to go before the planning board. The old C-Town property across the street just finished getting redeveloped and is one of the first building to meet their parking requirement with an electric stacking parking system inside their garage. XI. ADJOURNMENT Moved: Chaim Munk Seconded: Kimberly Perez For: 4 Against: 0 Abstain: 0 Not Present: 3 Redevelopment Agency Meeting Minutes October 17, 2019 Page #16 Respectfully Submitted, Asenett Martin Secretary