Redevelopment Agency

Redevelopment Agency Meeting Minutes December 10, 2020 Page #1 : Redevelopment Agency Meeting Thursday, December 10, 2020 7:00 p.m. Zoom Virtual Meeting ID: 897 6706 9311 Password: 712830 Commissioners Present: Arthur Soto, Peter Cedeno-Castro, Angel Torres and David Spector Commissioners Absent: Ruth Perez, Chaim Munk and Kimberly Perez Staff Present: Ricardo Fernandez/Executive Director, Brian Hak, Redevelopment Attorney, Joe Buga/Project Manager; Asenett Martin,Secretary 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, zoom link and known agenda I. Roll Call II. Pledge of Allegiance III. Public Session No members of the public present IV. Minutes of the meeting for October 15, 2020 Moved: Angel Torres Second: Peter Cedeno-Castro For: 4 Against: 0 Abstain: 0 Not Present: 3 Redevelopment Agency Meeting Minutes December 10, 2020 Page #2 V. The bill list for December 10, 2020 in the amount of $50,101.07 was reviewed and approved. Moved: David Spector Second: Angel Torres For: 4 Against: 0 Abstain: 0 Not Present: 3 VI. Presentation from 115 Myrtle Avenue, LLC VII. RESOLUTIONS PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 20-21 Resolution Designating 115 Myrtle Avenue, LLC as the Redeveloper for Property located at 115 Myrtle Avenue, Passaic, New Jersey, Block 2176, Lot 19 and Authorizing an Interim Costs Agreement WHEREAS, 115 Myrtle Avenue, LLC (hereinafter referred to as the “Redeveloper”) is the owner of property located at 115 Myrtle Avenue in the City of Passaic, Block 2176, Lot 19 (hereinafter referred to as the “Property”), which is located within the 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 by City Council Resolution on September 8, 2020. WHEREAS, by Ordinance Number 2275-20 adopted on October 20, 2020, the City Council approved a Rehabilitation/Redevelopment Plan for the property (hereinafter referred to as the “Plan”); and, Redevelopment Agency Meeting Minutes December 10, 2020 Page #3 WHEREAS, the Redeveloper submitted a redevelopment proposal on or about December 2, 2020 (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 if applicable); and, WHEREAS, the Redeveloper proposes to construct a new, four (4) story residential building containing sixteen (16) residential units with off-street parking spaces (hereinafter referred to as the “Project”); and, WHEREAS, a committee of the Agency’s Board of Commissioners has reviewed the Proposal and found same to be generally consistent with the intent of and uses set forth in the Plan (as amended if applicable); and, WHEREAS, the Redeveloper shall comply with the Plan and/or shall apply to the Planning Board for all necessary variances, approvals, and/or permits as may be required under the Plan and/or or may seek an amendment of the Plan by request to the Agency and the City. 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, 2. 115 Myrtle Avenue, LLC is hereby designated as the Redeveloper for the redevelopment of the Property; and, 3. This designation is expressly contingent upon amendment, if necessary, to the Plan and/or variances and approvals from the Planning Board; and, Redevelopment Agency Meeting Minutes December 10, 2020 Page #4 4. This designation is expressly contingent upon the Redeveloper being responsible for and assuming all costs incurred by the Agency, including, but not limited to legal, appraisal, title, environmental, financial, engineering, etc.; and, 5. This designation is also expressly contingent upon the Redeveloper providing all funds for the acquisition, relocation, property maintenance and demolition, if necessary, at the Property and construction of the proposed Project; and, 6. This designation is also based upon the Agency’s financial due diligence into the Redeveloper, including the Redeveloper providing the Agency with a non-refundable Application fee of Seven Thousand Five Hundred Dollars ($7,500.00) and the Redeveloper providing the Agency all of the necessary financial documentation necessary to perform a full financial evaluation and that the Redeveloper is financially qualified to undertake this Project to the satisfaction of the Agency and its professionals; and, 7. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of an Escrow, under the terms of the Interim Costs Agreement, in the amount of Ten Thousand Dollars ($10,000.00), such escrow fee to be paid within thirty (30) calendar days of the execution of this Resolution; and, 8. This designation is also expressly contingent upon payment by the Redeveloper to the Agency of a one (1) time non-refundable Administrative fee of Ten Thousand Dollars ($10,000.00) to be paid within thirty (30) calendar days of the execution this Resolution; and, Redevelopment Agency Meeting Minutes December 10, 2020 Page #5 9. The Interim Costs Agreement between the Agency and the Redeveloper is approved for signature by the Agency, subject to the final approval of the Agency’s General Counsel and Executive Director; and, 10. Once the Interim Costs Agreement is approved and payments are made by the Redeveloper as required hereunder, the parties will commence the negotiation of a redevelopment agreement, which is subject to review and approval by the Agency and its professionals; and, 11. The designation herein is for a period of one hundred eighty-days (180) calendar days, which period may be extended if necessary at the sole discretion of the Agency’s Executive Director for an additional period of one hundred eighty (180) calendar days. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary of the Agency are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. INTRODUCED BY: David Spector SECONDED BY: Peter Cedeno-Castro 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 December 10, 2020 Page #6 Commissioner David Spector X Commissioner Angel Torres X Adopted on December 10, 2020 PASSAIC REDEVELOPMENT AGENCY __ ORIGINAL SIGNATURE ON FILE_________ Ricardo Fernandez, Executive Director 2021 ADOPTED BUDGET RESOLUTION 20-15 Passaic Redevelopment Agency (Name) AUTHORITY December 31, FISCAL YEAR: FROM: January 1, 2021 TO: 2021 WHEREAS, the Annual Budget and Capital Budget/Program for the Passaic Redevelopment Agency for the fiscal year beginning January 1, 2021 and ending, December 31, 2021 has been presented for adoption before the governing body of the Passaic Redevelopment Agency at its open public meeting of October 15, 2020; and WHEREAS, the Annual Budget and Capital Budget as presented for adoption reflects each item of revenue and appropriation in the same amount and title as set forth in the introduced and approved budget, including all amendments thereto, if any, which have been approved by the Director of the Division of Local Government Services; and WHEREAS, the Annual Budget as presented for adoption 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 presented for adoption reflects Total Capital Appropriations of $-0- and Total Unrestricted Net Position planned to be utilized of $-0-; and Redevelopment Agency Meeting Minutes December 10, 2020 Page #7 NOW, THEREFORE BE IT RESOLVED, by the governing body of Passaic Redevelopment Agency, at an open public meeting held on December 10, 2020 that the Annual Budget and Capital Budget/Program of the Passaic Redevelopment Agency for the fiscal year beginning, January 1, 2021 and, ending, December 31, 2021 is hereby adopted and shall constitute appropriations for the purposes stated; and BE IT FURTHER RESOLVED, that the Annual Budget and Capital Budget/Program as presented for adoption reflects each item of revenue and appropriation in the same amount and title as set forth in the introduced and approved budget, including all amendments thereto, if any, which have been approved by the Director of the Division of Local Government Services. ___ORIGINAL SIGNATURE ON FILE_____ ___December 10, 2020______ (Secretary’s Signature) (Date) Governing Body Recorded Vote Member: Aye Nay Abstain Absent Chairman Arthur Soto X Vice Chairman Ruth Perez X Chaim Munk X Peter Cedeno-Castro X Kimberly Perez X David Spector X Angel Torres X Page C-7 Redevelopment Agency Meeting Minutes December 10, 2020 Page #8 2021 ADOPTION CERTIFICATION Passaic Redevelopment Agency (Name) AUTHORITY BUDGET December 31, FISCAL YEAR: FROM: January 1, 2021 TO: 2021 It is hereby certified that the Authority Budget and Capital Budget/Program annexed hereto is a true copy of the Budget adopted by the governing body of the Passaic Redevelopment Agency, pursuant to N.J.A.C. 5:31-2.3, on the 10th day of, December, 2020. Officer’s Signature: ORIGINAL SIGNATURE ON FILE Name: Ricardo Fernandez Title: Executive Director Address: Passaic Redevelopment Agency 330 Passaic Street Passaic, New Jersey 07055 Phone Number: 973-365-5514 Fax Number: 973-365-5567 E-mail address rfernandez@cityofpassaicnj.gov Page C-6 Redevelopment Agency Meeting Minutes December 10, 2020 Page #9 PASSAIC REDEVELOPMENT AGENCY RESOLUTION # 20-16 RESOLUTION AWARDING CONTRACT FOR GENERAL COUNSEL SERVICES IN 2021 WHEREAS, proposals were received by the Director of Purchasing on November 20, 2020 for the Passaic Redevelopment Agency General Counsel Services; and, WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.; and, WHEREAS, proposals were received from the following vendors: a. Eric M. Bernstein and Associates, LLC WHEREAS, Eric M. Bernstein and Associates, LLC has been performing these services for the Redevelopment Agency for the prior year in a satisfactory manner; and, WHEREAS, the Executive Director has reviewed the responses and has recommended based on qualification, past experience and cost; and, NOW THEREFORE BE IT RESOLVED by the Passaic Redevelopment Agency that the contract for General Counsel Services 2021 be awarded to Eric M. Bernstein and Associates, LLC. as specified in the attached contract. BE IT FURTHER RESOLVED, that the Chairman is authorized to execute a contract for General Counsel Services 2021 not to exceed $15,000. . CERTIFICATION OF FUNDS CERTIFICATION OF FUNDS Account # _____________________ I certify that funds are available in the Redevelopment Agency Account. _ORIGINAL SIGNATURE ON FILE__ Chief Financial Officer Redevelopment Agency Meeting Minutes December 10, 2020 Page #10 INTRODUCED BY: David Spector_ ____ SECONDED BY: __Angel Torres______ Commissioner For Against Abstain Absent Chairman Arthur Soto X Vice Chairwoman Ruth Perez X Peter Cedeno-Castro X Chaim Munk X Kimberly Perez X David Spector X Angel Torres X December 10, 2020 __ ORIGINAL SIGNATURE ON FILE________ Date Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION # 20-17 RESOLUTION AWARDING CONTRACT FOR BUDGET, AUDIT AND FINANCIAL ADVISORY SERVICES FOR FISCAL YEAR 2021 WHEREAS, proposals were received by the Director of Purchasing on November 20, 2020 for the Passaic Redevelopment Agency Budget, Audit and Financial Advisory Services; and, WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.; and, WHEREAS, proposals were received from the following vendors: a. Lerch Vinci & Higgins, LLP Redevelopment Agency Meeting Minutes December 10, 2020 Page #11 WHEREAS, Lerch Vinci & Higgins, LLP has been performing these services for the Redevelopment Agency for the prior year in a satisfactory manner; and, WHEREAS, the Executive Director has reviewed the responses and has recommended Lerch Vinci and Higgins, LLC based on qualification, past experience and cost; and, NOW THEREFORE BE IT RESOLVED by the Passaic Redevelopment Agency that the contract for Budget, Audit and Financial Services be awarded to Lerch Vinci & Higgins, LLP. as specified in the attached contract. BE IT FURTHER RESOLVED, that the Chairman is authorized to execute a contract for Budget, Audit and Financial Advisory Services to Lerch Vinci & Higgins, LLC an amount not to exceed a total of $7,600 for a the 2021 Budget ($1,300) and 2019 Audit ($6,300). . CERTIFICATION OF FUNDS CERTIFICATION OF FUNDS Account # _____________________ I certify that funds are available in the Redevelopment Agency Account. _ ORIGINAL SIGNATURE ON FILE__ Chief Financial Officer INTRODUCED BY: David Spector___ SECONDED BY: _Peter Cedeno-Castro __ Commissioner For Against Abstain Absent Chairman Arthur Soto X Vice Chairwoman Ruth Perez X Peter Cedeno-Castro X Chaim Munk X Kimberly Perez X David Spector X Redevelopment Agency Meeting Minutes December 10, 2020 Page #12 Angel Torres X December 10, 2020 _ ORIGINAL SIGNATURE ON FILE______ Date Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION # 20-18 RESOLUTION AWARDING CONTRACT FOR PLANNING SERVICES WHEREAS, proposals were received by the Director of Purchasing on November 5, 2020 for the Passaic Redevelopment Agency for Planning Services; and, WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.; and, WHEREAS, proposals were received from the following vendors: a. Plan 2 Consultants b. Neglia Engineering Associates WHEREAS, the Executive Director has reviewed the responses and has recommended Plan 2 Consultants based on qualification, past experience and cost; and, NOW THEREFORE BE IT RESOLVED by the Passaic Redevelopment Agency that the contract for planning services be awarded to Plan 2 Consultants as specified in the attached contract. BE IT FURTHER RESOLVED, that the Chairman is authorized to execute a contract for a Planner to Plan 2 Consultants at hourly rate of $100 and not to exceed $10,000 for a period January 1, 2021 through December 31, 2021. CERTIFICATION OF FUNDS I certify that funds are available in the Redevelopment Agency Account. _______________________________ Redevelopment Agency Meeting Minutes December 10, 2020 Page #13 _ ORIGINAL SIGNATURE ON FILE__ Chief Financial Officer INTRODUCED BY: _ David Spector____ SECONDED BY: ___ Angel Torres______ Commissioner For Against Abstain Absent Chairman Arthur Soto X Vice Chairwoman Ruth Perez X Peter Cedeno-Castro X Chaim Munk X Kimberly Perez X David Spector X Angel Torres X December 10, 2020 __ ORIGINAL SIGNATURE ON FILE______ Date Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 20-19 Resolution De-designating 3X Broadway, LLC as the Redeveloper for Property located at 29 Broadway, City of Passaic, State of New Jersey, Block 2150, Lot 12 WHEREAS, 3X Broadway, LLC (hereinafter referred to as the “Redeveloper”) is the owner of property located at 29 Broadway, known on the City’s Tax Maps as Block 2150, Lot 12 Redevelopment Agency Meeting Minutes December 10, 2020 Page #14 (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 by City Council Resolution 18-06-196, which Property is now included in a duly adopted redevelopment plan for the City of Passaic, State of New Jersey (hereinafter referred to as the “Plan”); and, WHEREAS, the Redeveloper had entered into an Interim Cost Agreement with the intent of entering Redevelopment Agreement for the Property with the City of Passaic Redevelopment Agency; and, WHEREAS, the Redeveloper has substantially completed all of its proposed redevelopment of the Property and has obtained most, if not all, certificates of occupancy for the Property. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 12. The above recitations are incorporated herein as if set forth at length; and, 13. 3X Broadway, LLC is hereby de-designated as the Redeveloper for the redevelopment of the Property; and, 14. The Interim Costs Agreement is hereby terminated. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary of the Agency are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. Redevelopment Agency Meeting Minutes December 10, 2020 Page #15 INTRODUCED BY: David Spector____ SECONDED BY: Peter Cedeno-Castro 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 December 10, 2020 PASSAIC REDEVELOPMENT AGENCY _ ORIGINAL SIGNATURE ON FILE_____ Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION NUMBER 20-20 Resolution De-Designating A Advanced Properties, Inc. as the Redeveloper for Property located at 308 Sherman Street, City of Passaic, State of New Jersey, Block 2175.02, Lot 2 WHEREAS, A Advanced Properties, Inc. (hereinafter referred to as the “Redeveloper”) is the owner of property located at 308 Sherman Street, known on the City’s Tax Maps as Block 2175.02, Lot 2 (hereinafter referred to as the “Property”), which is located within the geographic Redevelopment Agency Meeting Minutes December 10, 2020 Page #16 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 by City Council Resolution 18-06-196, which Property is now included in a duly adopted redevelopment plan for the City of Passaic, State of New Jersey (hereinafter referred to as the “Plan”); and, WHEREAS, the Redeveloper had entered into an Interim Cost Agreement with the intent of entering Redevelopment Agreement for the Property with the City of Passaic Redevelopment Agency; and, WHEREAS, the Redeveloper has substantially completed all of its proposed redevelopment of the Property and has obtained most, if not all, certificates of occupancy for the Property. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Passaic Redevelopment Agency that: 15. The above recitations are incorporated herein as if set forth at length; and, 16. A Advanced Properties, Inc. is hereby de-designated as the Redeveloper for the redevelopment of the Property; and, 17. The Interim Costs Agreement is hereby terminated. BE IT FURTHER RESOLVED that the Chairman, Vice Chairman and/or Secretary of the Agency are hereby authorized to execute any and all documents necessary to effectuate this Resolution subject to review and approval of the Agency’s General Counsel and Executive Director. Redevelopment Agency Meeting Minutes December 10, 2020 Page #17 INTRODUCED BY: David Spector SECONDED BY: Peter Cedeno-Castro 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 December 10, 2020 PASSAIC REDEVELOPMENT AGENCY __ ORIGINAL SIGNATURE ON FILE_________ Ricardo Fernandez, Executive Director PASSAIC REDEVELOPMENT AGENCY RESOLUTION # 20-22 RESOLUTION ESTABLISHING MEETING DATES FOR FISCAL YEAR 2021 WHEREAS, the Passaic Redevelopment Agency needs to establish meeting dates for 2021. NOW THEREFORE BE IT RESOLVED by the Passaic Redevelopment Agency that the following are the Agency’s regular meeting dates. All meetings are to be held virtually with a set zoom link at 7:00pm until further notice. Join Zoom Meeting Redevelopment Agency Meeting Minutes December 10, 2020 Page #18 https://us02web.zoom.us/j/84952477879?pwd=UitkVlFmbk01RWZuNmcvSDE5RHQxdz 09 Meeting ID: 849 5247 7879 Passcode: 388294 One tap mobile +19292056099,,84952477879#,,,,,,0#,,388294# US (New York) Dial by your location +1 929 205 6099 US (New York) Meeting ID: 849 5247 7879 Passcode: 388294 Find your local number: https://us02web.zoom.us/u/keBg2jHy2L January 14, 2021 July 8, 2021 February 11, 2021 August 12, 2021 March 11, 2021 September 9, 2021 April 8, 2021 October 14, 2021 May 20, 2021 *** November 4, 2021*** June 10, 2021 December 9, 2021 INTRODUCED BY: _David Spector_ __ SECONDED BY: ___Peter Cedeno-Castro_ Commissioner For Against Abstain Absent Chairman Arthur Soto X Vice Chairwoman Ruth Perez X Peter Cedeno - Castro X Chaim Munk X Redevelopment Agency Meeting Minutes December 10, 2020 Page #19 Kimberly Perez X David Spector X Angel Torres X _December 10, 2020_ _ ORIGINAL SIGNATURE ON FILE_______ Date Ricardo Fernandez, Executive Director VIII. CLOSED SESSION No Closed Session Items IX. UPDATES BY EXECUTIVE DIRECTOR RICARDO FERNANDEZ Detailed presentation for all Commissioners with slides and pictures of all of the current projects throughout the city that are in different stages of construction. XI. ADJOURNMENT Moved: Arthur Soto Seconded: Peter Cedeno-Castro For: 4 Against: 0 Abstain: 0 Not Present: 3 Respectfully Submitted, ORIGINAL SIGNATURE ON FILE Asenett Martin Secretary