ROLL CALL Munk, Love, Melo, Schwartz, CP Schaer

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1 WORK-SESSION WAS HELD ON THURSDAY JANUARY 11, 2018 AT 5:30 PM IN THE CITY COUNCIL CHAMBERS FIRST FLOOR CITY HALL 330 PASSAIC ST., PASSAIC, NJ. 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 VIA FAX TO THE HERALD NEWS AND PUBLISHED ON JANUARY 6, 2018 AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE HAS RE-SCHEDULED THEIR WORK SESSION AND REGULAR MEETING SCHEDULED OF JANUARY 9, 2018 TO THURSDAY, JANUARY 11, 2018 WORK SESSION TO BE HELD AT 5:30 PM FOLLOWED BY THE REGULAR MEETING OF THE CITY COUNCIL AT 7:00P.M, IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY ROLL CALL AYES: ABSENT: Munk, Love, Melo, Schwartz, CP Schaer Garcia, Polanco ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslow, City Attorney. Council President in the chair: Council President Schaer opened the work session with an informal review and discussion regarding agenda items Council reviewed the following addendums and items to the Agenda: Addendum ITEM NO. 58A. Resolution Authorizing The Application For Grant from the State of New Jersey, Division of Criminal Justice, for the Safe and Secure Communities Act Grant Program Addendum ITEM NO. 58B. Resolution Re-appointing Members to the Zoning Board of Adjustment. Councilwoman Polanco and Councilman Garcia took their seat on the dais Council reviewed each item on the agenda until 7:00p.m

2 PUBLIC MEETING OF THE CITY COUNCIL OF THE WAS HELD ON THURSDAY JANUARY 11, 2018 AT 7:00 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL 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 VIA FAX TO THE HERALD NEWS AND PUBLISHED ON JANUARY 6, 2018 AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE HAS RE-SCHEDULED THEIR WORK SESSION AND REGULAR MEETING SCHEDULED OF JANUARY 9, 2018 TO THURSDAY, JANUARY 11, 2018 WORK SESSION TO BE HELD AT 5:30 PM FOLLOWED BY THE REGULAR MEETING OF THE CITY COUNCIL AT 7:00P.M, IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL AYES: ABSENT: Munk, Melo, Garcia, Polanco, Schwartz, CP Schaer Love ALSO PRESENT: Hon. Hector C. Lora, Mayor, Ricardo Fernandez, Business Administrator, William Maslow, City Attorney Invocation was rendered by Hon. Councilwoman Melo followed by the Pledge of Allegiance Council President in the chair Councilman Love took his seat on the dais. Council Meeting Minutes for December 21, 2017, submitted for approval. Upon motion made by Councilwoman Polanco and seconded by Councilman Garcia the aforementioned meeting minutes were approved. ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, 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 2

3 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. HEARING OF CITIZENS Jeffrey Dowd, 443 Howard, Passaic Chapter of NAACP Question re judges where is the ordinance when and where was the ordinance for first and second reading, was there a presiding judge reducing from 3 judges to 2, and was there an ordinance back from 2 judges to 3 judges. Joe Conoscenti, 170 Broadway 104 Broadway and Greg broken parking meter not fixed after 2 months At Broadway and Grove, homeless man in housing, but storm drain is still full of garbage Third ward park skating rink has Green acres been notified on project. Sign says skate at your own risk it s a public park Cameras needed on Broadway/Grove and Broadway/Paulison capital funding or homeland security funding for camera Thanks Mayor Lora, police, ambulance, and volunteers for taking homeless of the street for cold weather Jeanette Santana, 187 Boulevard Thanks Mayor for skating rink. Many children happy with it. Thanks for taking care4 of the homeless Hurts to see you and your family attacked Changes of Board of Education Boulevard and Passaic avenue very dangerous area; Lincoln middle school changing to Can we put 4 way stop sign or blinking light and officer there during school opening and closing Hard to maneuver carriage because property owners are4 not cleaning the snow off sidewalks Steve Siklosi, 23 Orchard Street #6 food establishments before public hearing, what is status #29 storage of vehicles concerned about renewal of contract; when car was towed, Venieri charges for entire day; suggestion to put something in ordinance that it be a 24 hour period rather a full day of storage. When fees paid, Venieri gives a annual receipt, no itemization. 30 engineering serviced- engineer will outside firm act on our behalf to do negotiations on behalf of city #55 payroll who does it now? What do we pay? Judges going from 3 to 2 and back to 3 judges only 2 prosecutors, with increased caseload, will there now be another prosecutor Lisa Amelman, 25 Edgewood Avenue Cliftobn (home) and 157 Prospect St, Passaic (business) No high speed internet business district no Optimum or FIOS yet, only DSL 3

4 663 building construction workers took away parking from resident and business owners of the area. After ample opportunity given and no one else responding on a motion by Councilman Garcia and seconded by Councilwoman Polanco the public portion of the meeting was adjourned ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, ORDINANCES FOR SECOND AND FINAL READING (PUBLIC HEARING REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: ORDINANCE NO ORDINANCE AMENDING THE CITY CODE OF THE, CHAPTER 149 FOOD ESTABLISHMENTS, ARTICLE III MOBILE FOOD ESTABLISHMENTS AND CHAPTER 211 PEDDLING, SOLICITING, AND CANVASSING Councilman Love moved a public hearing to be held on Ordinance. Motion was seconded by Councilwoman Polanco, 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 AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, After ample opportunity given and no one responding on a motion by Councilman Love and seconded by Councilman Garcia the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, Councilwoman Polanco moved the ordinance be adopted on second reading and final passage which motion was seconded by Councilwoman Melo and adopted upon a call of the roll. ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, 4

5 COMMUNICATIONS AND PETITIONS: THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilman Love and seconded by Councilman Garcia the following communications and petitions were received placed on file and approval granted Amada D. Curling, City Clerk, submitting request for a cash bond refund to Church of God Prophecy, Madison Street, Passaic, in the amount of $ for their Health Fair, held on August 12, Selena Restaurant, 272 Passaic Avenue, submitting application to renew their Entertainment License for the year (With Conditions ) ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, 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 Councilwoman Polanco and seconded by Councilman Garcia the following communications and petitions were received placed on file and approval granted Millenium Strategies 2017 Annual Activity Report. Passaic Parking Authority, submitting notice of their 2018 annual meeting dates. Passaic Alcoholic Beverage Control Board, submitting notice of their January 17, 2018 Re-Organization meeting. Self-Insurance Fund of the City of Passaic, submitting notice of their 2018 meetings. Passaic Redevelopment Agency, submitting notice of their 2018 meeting dates. Housing Authority of the City of Passaic, submitting notice of their 2018 meetings. Public Entity Joint Insurance Fund, submitting notice of their December 19, 2017 meeting. I-LSRP, submitting correspondence re: Unrestricted Use ROA-AOC NJDEP PI# (JRM Industries Inc., (1 Mattimore Street, New Jersey 07055) Envirotatctics, submitting correspondence re: Remedial Action Protectiveness/ Biennial Certification forms- Soil and Ground Water- Temco National Corp aka Wendt-Bristol Health, 125 South Street, Passaic, Block 1030, Lot 23, PI

6 Passaic Valley Sewerage Commission, submitting correspondence re: Sewer Use Permit # Passaic Valley Water Commission, submitting the following: Notice of their December 20, Minutes of their November 20, North Jersey District Water Supply Commission, submitting the following: Notice and Agenda of their December 20, Notice of their 2018 meeting dates Budget of the NJDWSC Minutes of their November 22, 2017 meeting 15a. Borough of Franklin Lakes, submitting resolution entitled Resolution No Mutual Aid Fire Department. ROLL CALL AYES: Munk, Love, Melo, Polanco, Garcia, Schwartz, CP Schaer, RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 11, 2018 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 Councilman Love and seconded by Councilwoman Polanco the following RESOLUTIONS WERE OFFERED FOR ADOPTION Resolution No RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2018 WHEREAS, NJSA 40A:4-19 of the Local Budget Act provides that the Temporary appropriations should be made prior to the adoption of the CY2018 current operating budget as well as Sewer Utility budget, for the purpose and the amounts required, and WHEREAS, the date of this resolution is within the first 30 days of the fiscal year, and 6

7 WHEREAS, the total appropriations in the FY2017 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $82,522,378.00, and Sewer utility budget is the sum of $5,646,378.00, and WHEREAS, 26.25% of the total appropriation in the FY2016 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $21,662,124.00, and $1,482,174.00, and NOW,THEREFORE BE IT RESOLVED by the governing body of City of Passaic, County of Passaic, State of New Jersey, that the following temporary appropriations be made; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer of the City of Passaic, Passaic County, New Jersey. RESOLUTION AUTHORIZING ANNUAL TAX SALE RESOLUTION # WHEREAS, Chapter 99 of the Public Laws of 1997 of the State of New Jersey (P.L. 1997, c.99) was enacted on May 12, 1997; and WHEREAS, P.L. 1997, c.99 permits municipalities to hold a tax lien sale for arrearages in real property taxes and other liens or charges, after the eleventh day of the eleventh month of the calendar year upon passage of a Resolution permitting the same, by the Governing Body; and WHEREAS, the calendar year for the City of Passaic begins on January 1 and ends on December 30; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, as follows: 1. In accordance with P.L. 1997, c.99 (N.J.S.A. 54:5-19), the City of Passaic, hereby directs that for unpaid real property taxes or other municipal liens or charges, or any part thereof in arrears as of the eleventh day of the eleventh month of the current calendar year, the Tax Collector shall, subject to the provisions of N.J.S.A. 54:5-19, enforce the lien by selling the property, pursuant to law, provided that the sale is conducted no earlier than in the last month of the calendar year, but not later than December 30, of the current fiscal year. 2. Such sale shall include only such unpaid taxes or other municipal liens or charges as were in arrears in the current calendar 7

8 year. RESOLUTION NO A RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE BE IT RESOLVED by the City Council of the City of Passaic that: The following bank accounts, at their respective depositories of The City of Passaic shall be continued and shall be as follows: PNC BANK Current Account Trust Account Capital Account Dog Trust Account Defense Bond Account Primary General Election Account Sewer Capital PNC Grant Account PNC Claims Account VALLEY NATIONAL BANK Current Account Redemption Account EMS Billing Account Problem Solving Account FLEX Plan D&H Alternative Solutions, Inc. Worker s Compensation Emergency Solutions Grant Account Municipal Court Account Credit card account CAPITAL ONE Agency Account Current Account Community Development Block Grant Account Salary Account Tax Sale Premium Account Specialty Claims Management Liability Utility Operations Regional Contribution Agreement Savings Account Payroll Account Municipal Court Account Credit card account TD BANKNORTH Escrow Account Norwood RCA Account Recreation Officials Fee BANCO POPULAR Current Account City of Passaic Grant Fund City of Passaic Claims Fund RESOLUTION # RESOLUTION AUTHORIZING THE EXECUTION OF A COLLABORATION AGREEMENT BETWEEN THE COUNTY OF PASSAIC AND THE CITY OF CLIFTON, THE, THE CITY OF PATERSON, THE CITY OF CLIFTON HOUSING AUTHORITY, THE HOUSING 8

9 AUTHORITY, AND THE CITY OF PATERSON HOUSING AUTHORITY TO PERFORM THE FY ASSESSMENT OF FAIR HOUSING (AFH) WHEREAS, the County of Passaic submitted the Five Year Consolidated Plan for the period of FY to the US Department of Housing and Urban Development (USHUD); and WHEREAS, the US Department of Housing and Urban Development (HUD) has extended the date that the County of Passaic Five Year Consolidated Plan is due until Fiscal Year 2019 to permit the implementation of an Assessment of Fair Housing in collaboration with the City of Clifton, City of Passaic, City of Paterson, City of Clifton Housing Authority, Passaic County Housing Agency, City of Passaic Housing Authority, and City of Paterson Housing Authority (the Program Participants); and WHEREAS, the County of Passaic has been designated by HUD as the Consortium Leader; and WHEREAS, the Consortium Leader and all of the Program Participants are subject to the affirmatively furthering fair housing requirements found at 24 CFR through and are required to submit an Assessment of Fair Housing (AFH) to HUD; and WHEREAS, the US Department of Housing and Urban Development (HUD), encourages program participants to collaborate between and among Public Housing Agencies (PHAs), and local governments to conduct and submit a single Assessment of Fair Housing through either a joint or regional AFH as noted in 24 CFR and 5.156; and WHEREAS, the Consortium Leader and the Program Participants wish to collaborate to submit the AFH; and WHEREAS, the County of Passaic as the Consortium Leader of the collaboration will be responsible for submitting the joint regional AFH on behalf of all the collaborating Program Participants; and WHEREAS, the Collaborating Program Participants shall, to the extent practicable, align their consolidated plan program year start date(s) and/or PHA plan fiscal year beginning date(s) in accordance with the regulations at 24 CFR 91.10, for consolidated plan program participants, or 24 CFR part 903, for PHAs and if alignment of program year(s) or fiscal year(s) is not possible, the AFH will be submitted in accordance with the lead entity s consolidated plan program year start date; and WHEREAS, the Consortium Leader issued a public solicitation for qualified organizations to perform the joint/regional AFH, in accordance with Fair and Open procedures as established in the Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq., to select a consultant to assist in the preparation of the AFH, and input on the selection of the consultant was sought from Program Participants; and WHEREAS, the costs of implementing the AFH will be shared by all parties with the cost allocation based upon the amount of work to be implemented on behalf of each entitlement community 9

10 and PHA as incorporated in the response to the Request for Proposal by the selected consultant; and WHEREAS, the County will invoice each Program Participant on a quarterly basis throughout the 12 month study period; and WHEREAS, all collaborating Program Participants will participate in the completion of the AFH and the responsibilities of each of the Program Participants include: Provide a list of stakeholders for interviews and assist in scheduling interviews. Advertise any public meetings, online surveys, etc. Provide data requested All Program Participates shall update their Public Participation Plan, now referred to as the Citizen Participation Plan. Complete a timely review of the AFH document and secure necessary approvals from City Councils and/or Boards of Directors Provide technical assistance, as necessary, to amend the AFH should the AFH not be accepted by HUD Assist in the analysis and development of any applicable joint goals and priorities to be included in the AFH; and WHEREAS, this matter was discussed at the Freeholder Planning and Economic Development Committee meeting on December 19, 2017 and was recommended to the full Board for approval; NOW, THEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders of the County of Passaic that the attached Collaboration Agreement between the County of Passaic and the Program Participants: the City of Clifton, City of Passaic, City of Paterson, City of Clifton Housing Authority, Passaic County Housing Agency, City of Passaic Housing Authority, and City of Paterson Housing Authority be approved; and BE IT FURTHER RESOLVED that the Freeholder Director is hereby authorized to act as the authorized representative of the County of Passaic and execute all documents and certifications; and BE IT FURTHER RESOLVED that the Clerk to the Board is hereby directed to file a copy of the Collaboration Agreement with the minutes of this meeting and forward a fully executed copy to the U.S. Department of Housing and Urban Development. RESOLUTION # RESOLUTION CASH MANAGEMENT PLAN WHEREAS, NJ.S. 40A:5-14, Local Fiscal Affairs Law, requires that each municipality adopt a Cash Management Plan designed to assure the deposit, investment and proper disbursement of local funds; now, therefore, be it RESOLVED, that the Municipal Council of the City of Passaic does hereby adopt the following Cash Management Plan: 10

11 A. DESIGNATION OF DEPOSITORIES The following institutions are designated as permissible depositories for the deposit of City funds: BANCO POPULAR CAPITAL ONE PNC BANK TD BANKNORTH VALLEY NATIONAL BANK All depositories must conform to the Governmental Unit Deposit Protection Act ("GUDPA"), and shall provide a Notification of Eligibility from the State of New Jersey, Department of Banking, on a semi-annual basis. In addition, designated depositories shall maintain maximum FDIC or FSLIC coverage of all City funds on deposit. B. DEPOSIT OF FUNDS All funds shall be deposited within forty-eight (48) hours of receipt, in accordance with NJ.S. 40A:5-15, into appropriate fund operating accounts. Interest bearing operating and capital accounts shall be regularly monitored for the availability of funds for investment. Debt Service and Trust accounts shall be maintained in accordance with Federal and State statutes regulating such funds. Payroll, Developers' Escrow deposits and other agency funds, which represent funds of individuals and other organizations held by the City, shall be deposited in regular, interest bearing checking accounts unless applicable State statutes direct otherwise. Grant funds shall be deposited in accordance with regulations of the granting government or agency. C. INVESTMENT INSTRUMENTS AND PROCEDURES The City may purchase those investments permitted in NJ.S. 40A:5-15.l, which include: United States Treasury Bonds, Notes and Bills United States Government Agency and Instrumentality Obligations New Jersey Arbitrage Rebate Management Fund Savings Bank Deposits and Certificates of Deposit State of New Jersey Cash Management Fund The City may purchase other obligations approved by the Division of Investment of the Department of Treasury for investment by local units. Investments shall be limited to a maturity of not more than one year 1 unless a longer term is permitted by applicable Federal or State regulations. Allowable investments with maturities which extend beyond the end of the City's fiscal year shall be permitted. The purchase of Certificates of Deposit shall be made based on the availability of funds for investment and the analysis of projected cash flows. D. DISBURSEMENT OF FUNDS All funds shall be disbursed as authorized and directed by the Municipal Council, except that the Chief Financial Officer shall have the authority to make the following disbursements prior to receiving the approval of the Municipal Council: 11

12 County Taxes Debt Service Insurance Premiums Interfunds Petty Cash Reimbursements Utility Expenses Payroll Withholding Amounts Postage Purchase of Investments Salaries and Wages School Taxes Statutory Expenses Any disbursements made prior to Municipal Council approval shall be listed and included in the Payment of Bills for the first available council meeting following said disbursement for Municipal Council approval. Disbursements shall be executed via electronic wire transfer of funds by the Chief Financial Officer, or designated staff member, when that method of payment will result in an operating and/or financial benefit to the City. E. PETTY CASH FUND Reimbursements for expenditures through the Petty Cash Fund shall be made within the limits approved by the Director of the Division of Local Government Services. The Petty Cash Fund shall be maintained in accordance with N.J.S. 40A:5-21. Individual reimbursements from the Petty Cash Fund shall not exceed $50 per item. The following Petty Cash Funds shall be maintained: City Clerk $300 Fire Department $250 Police Department $200 Public Works $250 F. BONDING The following officials shall be covered by surety bonds; said surety bonds to be examined by the independent auditor to insure their proper execution: Chief Financial Officer Tax Collector City Clerk Treasurer Municipal Court Staff members of the Department of Finance and Tax Collection not covered by separate surety bonds shall be covered by a Public Employee's Faithful Performance Bond. G. COMPLIANCE The Cash Management Plan of the City of Passaic shall be subject to the approval of the City's Legal Counsel, and shall be subject to the annual audit, conducted pursuant to N.J.S. 40A:5-4. As stated in N.J.S. 40A:5-l4, the official(s) charged with the custody of City funds shall deposit them as instructed by this Cash Management Plan, and shall thereafter be relieved of any liability or loss due to the insolvency or closing of any designated depository. If, at any time, this Cash Management Plan conflicts with any regulation of the State of New Jersey, or any department thereof, the applicable State regulations shall apply. 12

13 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR MCDANOLD'S BROOK FLOOD CONTROL PROJECT PHASE 4 WHEREAS, bids were received by the Director of Purchasing on Thursday, December 21, 2017 for McDanold s Brook Flood Control Project Phase 4; 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: V & K Construction Titan Property Maintenance CMD Edison, NJ Garwood, NJ Norcorss, GA WHEREAS, it is the recommendation of Boswell Engineering that the lowest responsible, responsive bidder, CMS Construction, Inc. of Plainfield, NJ be awarded the contract in the amount of $ 1,017, inclusive of Alternate Bid A (Walkng Paths). NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for McDanold Brook Flood Control Project Phase 4 be awarded to CMS Construction, Inc. of Plainfield, NJ in the amount of $ 1,017, for Phase 4. 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 CDBG-DR Account #G DR MB - $ 923,732.90, Open Space Acct #G OS W $ 54,749.70, Green Acres, Acct #G GA MB- $38, RESOLUTION # RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT BETWEEN THE AND CMS CONSTRUCTION FOR MCDONALD BROOK FLOOD CONTROL PROJECT PHASE 1 & 2 WHEREAS, on April 5, 2016 the City Council of the City of Passaic adopted Resolution # (attached), approving a contract with CMS Construction in the amount of $2,100, for McDanold Brook Flood Control Project Phase 1 & 2; and WHEREAS, on June 27, 2017 the City Council of the City of Passaic adopted Resolution # (attached) approving a change order in the amount of $101, resulting in a revised contract amount of $2,202,008.90; and 13

14 WHEREAS, a change order is necessary because of final as-built quantities, which increased the contract by an additional $10, resulting in the revised contract amount of $2,212, 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 CMS Construction for McDanold Brook Flood Control Project Phase 1 & 2 is ratified and accepted, adjusting the final contract price to the revised total amount of $2, BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change Order on a form approved by 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 Green Acres 2015 Account #G GA MB. RESOLUTION # RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH YOUR WAY CONSTRUCTION FOR JOHN STREET SANITARY SEWER IMPROVEMENTS WHEREAS, on August 8, 2017, the City Council of the City of Passaic adopted Resolution # (attached) approving a contract with Your Way Construction in the amount of $87, for John Street Sanitary Sewer Improvements ; and WHEREAS, a change order in the amount of $11, is necessary due to an emergency storm sewer repair between John Street and Howard Avenue along NJ Transit Right of Way resulting in a revised contract amount of $98, 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 Your Way Construction is ratified and accepted, adjusting the contract to the revised total amount of $ 98, 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. # ER. 14

15 RESOLUTION # RESOLUTION APPROVING EMERGENCY SANITARY SEWER REPAIR ON LODI STREET WHEREAS, on December 19, 2017 there was an emergency sanitary sewer repair on Lodi Street; and WHEREAS, it was the determination of the City Engineer, Olga Garcia, that this collapse posed a serious potential for a health hazard; and WHEREAS, a quotation was obtained; and WHEREAS, John Garcia Construction Company, Inc. of Clifton, NJ was hired to repair this sanitary sewer in the amount of $23,390.52; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to John Garcia Construction Company, Inc. of Clifton, NJ is hereby authorized. CERTIFICATION OF FUNDS Funding for the above is available in Sewer Account - # ER. RESOLUTION # RESOLUTION AUTHORIZING THE, DEPARTMENT OF HUMAN SERVICES, PASSAIC MUNICIPAL ALLIANCE TO APPLY FOR GRANT FUNDING, KNOWN AS A STRATEGIC PLAN, FROM THE COUNTY OF PASSAIC, DIVISION OF ALCOHOLISM, DRUG ABUSE AND ADDICTION SERVICES FOR THE PREVENTION, EDUCATION AND/OR PUBLIC AWARENESS ACTIVITIES RELATED TO ALCOHOL/ DRUG ABUSE AND ADDICTION WHEREAS, the Governor s Council on Alcoholism and Drug Abuse established the Municipal Alliances for the Prevention of Alcoholism and Drug Abuse in 1989 to educate and engage residents, local government and law enforcement officials, schools, nonprofit organizations, the faith community, parents, youth and other allies in efforts to prevent alcoholism and drug abuse in communities throughout New Jersey. WHEREAS, The City Council of the City of Passaic, County of Passaic, State of New Jersey recognizes that the abuse of alcohol and drugs is 15

16 a serious problem in our society amongst persons of all ages; and therefore has an established Municipal Alliance Committee; and, WHEREAS, the City Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and, WHEREAS, the City Council has applied for funding to the Governor s Council on Alcoholism and Drug Abuse through the County of Passaic; NOW, THEREFORE, BE IT RESOLVED by the City of Passaic, County of Passaic, State of New Jersey hereby recognizes the following: 1. The City Council does hereby authorize submission of a strategic plan for the Passaic Municipal Alliance grant for the period of July 1, 2018 to June 30, 2019 (FY2019) in the amount of: DEDR $ 39, Cash Match $ 9, In-Kind $ 29, The City Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the administrative compliance and audit requirements. RESOLUTION # RESOLUTION AUTHORIZING THE TO ENTER INTO A CONTRACT WITH BENECARD SERVICES, LLC FOR PRESCRIPTION PLAN WHEREAS, pursuant to N.J.S.A. 19:44A-20.4, et. seq. (Pay to Play Law ) contracts for insurance services are exempt from using the fair and open process; and WHEREAS, the City of Passaic is contractually bound to provide an employee prescription plan; and WHEREAS, the City of Passaic s insurance broker recommends that the City continue with Benecard Services, LLC; and WHEREAS, the attached contract will be for the period of January 1, 2018 to December 31, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City is hereby authorized to enter into the attached contract with Benecard Services, LLC to provide an employee prescription plan for the period of January 1, 2018 to December 31,

17 BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the agreement. RESOLUTION # RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH THE COUNTY OF PASSAIC FOR TRANSPORTATION SERVICES FOR SENIOR CITIZEN AND HANDICAPPED RESIDENTS WHEREAS, the City of Passaic is desirous of utilizing the County of Passaic s Para-Transit vehicles for the purpose of providing transportation services to the elderly and handicapped residents of the City of Passaic; and WHEREAS, the City of Passaic and County of Passaic wish to enter into the attached Shared Services Agreement for the utilization of such vehicles pursuant to N.J.S.A. 40:8A-1, et seq.; and WHEREAS, under such Shared Service Agreement, the County of Passaic agrees to make four (4) vehicles available to the City of Passaic for the period of January 1, 2017 through December 31, 2017 and also agrees to pay the City of Passaic a sum not to exceed $60, for reimbursement of costs incurred by the City of Passaic in hiring and maintaining drivers for such vehicles; and WHEREAS, the City of Passaic, in exchange for the use of such vehicles, agrees maintain the level of services that existed on or about December 31, 2005 and to provide all non-emergency medical transportation for its senior and handicapped citizens; and WHEREAS, the County of Passaic shall also adopt a Resolution authorizing it to enter into the attached Shared Services Agreement for the period of January 1, 2017 through December 31, 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 Shared Services Agreement with the County of Passaic for the use of four (4) Para-Transit vehicles by the City of Passaic for the period of January 1, 2017 through December 31, 2017 and subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED 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 be forwarded to the County of Passaic to commence the Shared Services Agreement; and 17

18 BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Amended Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to N.J.S.A. 40A:65-4. RESOLUTION # RESOLUTION AWARDING CONTRACT FOR TOWING AND STORING OF VEHICLES WHEREAS, the Director of Purchasing received bids on Wednesday, January 3, 2018, for Towing and Storage of Vehicles; 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 none of whom submitted bids: Vitos Towing Deltek Prime Vendor Passaic, NJ Herndon, VA Wilmington, NC WHEREAS, the lowest responsible, responsive bid was received from Raineri s Service Station of Passaic, NJ; and WHEREAS, it is the recommendation of the Administration that the contract be awarded to Raineri s Service Station of Passaic, NJ for a Three (3) year period with the option to be exercised by the City of Passaic, as they determine, to extend the contract for an additional two (2) One (1) year term or One (1) Two (2) year terms at the same terms and conditions as the original contract. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the contract for Towing and Storage of Vehicles be awarded to Raineri s Service Station of Passaic, NJ for a Three (3) year period with the option to be exercised by the City of Passaic, as they determine, to extend the contract for an additional two (2) One (1) year term or One (1) Two (2) year terms at the same terms and conditions as the original contract. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute a contract for the above on a form approved by Corporation Counsel. 18

19 RESOLUTION # RESOLUTION AWARDING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DIVISION OF ENGINEERING WHEREAS, proposals were received by the Director of Purchasing on Wednesday, January 3, 2018 for Professional Engineering Services for the Division of Engineering; 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 as per the attached; and WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic s website, none of whom submitted proposals: Pennoni Keller & Kirkpatrick KS Engineers Haddon Heights, NJ Morris Plains, NJ Newark, NJ D & B Engineers Prime Vendor Deltek Woodbury, NY Wilmington, NC Herndon, VA The Spearhead Group Houston, TX Skylands Engineering Sparta, NJ WHEREAS, the evaluation Committee reviewed the proposals received and recommends that the contract for Professional Engineering Services for the Division of Engineering be awarded to Edwin Reimon, P.E. of Lyndhurst, NJ in an amount not to exceed $52, for engineering services and an hourly rate of $84.00/hr. for Zoning and Planning Board Applicants. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Professional Engineering Services for the Division of Engineering be awarded to Edwin Reimon, P.E. in an amount not to exceed $52, services and an hourly rate of $84.00/hr. for Zoning and Planning Board Applicants. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Engineering 2018 OE Budget Contractual. 19

20 RESOLUTION # APPEAL CAPTIONED 30 HOWE REALTY LLC V. WHEREAS, 30 Howe Realty LLC has filed a Complaint in Tax Court under Docket Nos and challenging the assessment of real property designated as Block 2157, Lot 47 on the official Tax Map of the City of Passaic (the Property ) for the years 2016, 2017, and 2018; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2016 assessment for the Property from $1,643, to $1,353,200.00; the 2017 assessment for the Property from $1,643, to $1,353,200.00; and, the 2018 assessment for the Property from $1,643, to $1,353,200.00; and WHEREAS, the approximate cash refund for 2016 is $9, and for 2017 is $10,112.30, for a total refund of $19,879.50; and WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter 30 Howe Realty LLC v. City of Passaic, Tax Court Docket Nos and , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED WALGREEN CO. V. WHEREAS, Walgreen Co. has filed a Complaint in Tax Court under Docket Nos and challenging the assessment of real property designated as Block 4065, Lot 1.1 on the official Tax Map of the City of Passaic (the Property ) for the years 2016, 2017, and 2018; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2016 assessment from $4,250, to $4,000,000.00; and 20

21 and WHEREAS, the approximate cash refund in this matter is $8,420.00; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Walgreen Co. v. City of Passaic, Tax Court Docket Nos and , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED BANK OF AMERICA, N.A. V. WHEREAS, Bank of America, N.A. has filed a Complaint in Tax Court under Docket Nos challenging the assessment of real property designated as Block 1324, Lot 62 on the official Tax Map of the City of Passaic (the Property ) for the year 2016; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2016 assessment for the Property from $294, to $265, with the application of the Freeze Act for 2017 and 2018; and and WHEREAS, the approximate cash refund in this matter is $1,987.95; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Bank of America, N.A. v. City of Passaic, Tax Court Docket No , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. 21

22 RESOLUTION # APPEAL CAPTIONED NORTH 13 TH HOLDINGS LLC V. WHEREAS, North 13 th Holdings LLC has filed a Complaint in Tax Court under Docket No challenging the assessment of real property designated as Block 2148, Lot 8 on the official Tax Map of the City of Passaic (the Property ) for the year 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2017 assessment for the Property from $7,800, to $7,080,000.00; and, the 2018 assessment from $7,800, to $6,000,000.00; and and WHEREAS, the approximate cash refund in this matter is $25,106.40; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter North 13 th Holdings LLC v. City of Passaic, Tax Court Docket No , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED PB VREELAND ASSOCIATES LLC V. WHEREAS, PB Vreeland Associates LLC has filed a Complaint in Tax Court under Docket Nos challenging the assessment of real property designated as Block , Lot 1 on the official Tax Map of the City of Passaic (the Property ) for the year 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2017 assessment for the Property from $539, to $250,000.00, and the 2018 assessment for the Property from $539, to $250,000.00; and and WHEREAS, the approximate cash refund in this matter is $10,105.33; 22

23 WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter PB Vreeland Associates LLC v. City of Passaic, Tax Court Docket No , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED MARCO KOPIC V. WHEREAS, Marco Kopic has filed a Complaint in Tax Court under Docket Nos challenging the assessment of real property designated as Block 3212, Lot 29 on the official Tax Map of the City of Passaic (the Property ) for the year 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2017 assessment for the Property from $331, to $231,900.00, and the 2018 assessment for the Property from $331, to $231,900.00; and and WHEREAS, the approximate cash refund in this matter is $3,487.00; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Marco Kopic v. City of Passaic, Tax Court Docket No , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. 23

24 RESOLUTION # APPEAL CAPTIONED BOBKER V. WHEREAS, David and Shoshana Bobker have filed a Complaint in Tax Court under Docket Nos and challenging the assessment of real property designated as Block 3302, Lot 27 on the official Tax Map of the City of Passaic and known as 461 Passaic Avenue, Passaic, New Jersey (the Property ) for the years 2016 and 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2017 assessment for the Property from $600, to $500,600.00, and the 2018 assessment for the Property shall be $450,000.00; and and WHEREAS, the approximate cash refund in this matter is $3,466.08; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Bobker v. City of Passaic, Tax Court Docket Nos and , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED RISA AND MELLNER V. WHEREAS, Ross Risa and Steven Mellner have filed a Complaint in Tax Court under Docket Nos and challenging the assessment of real property designated as Block 3302, Lot 29 on the official Tax Map of the City of Passaic and known as 465 Passaic Avenue, Passaic, New Jersey (the Property ) for the years 2016 and 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Passaic shall reduce the 2017 assessment for the Property from $333, to $233,300.00, and the 2018 assessment for the Property shall be $450,000.00; and and WHEREAS, the approximate cash refund in this matter is $3,487.00; WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Risa and Mellner 24

25 v. City of Passaic, Tax Court Docket Nos and , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED BECHER V. WHEREAS, Michael and Chavaleah Becher have filed a Complaint in Tax Court under Docket No challenging the assessment of real property designated as Block 3302, Lot 15 on the official Tax Map of the City of Passaic, known as 433 Passaic Avenue, Passaic, New Jersey (the Property ) for the year 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Michael and Chavaleah Becher shall withdraw their Complaint and the 2018 assessment for the Property shall be $440,000.00; and WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 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 Stipulation of Settlement for the matter Becher v. City of Passaic, Tax Court Docket No , subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the City s Tax Appeal Attorney is hereby authorized and directed to execute the Stipulation of Settlement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. RESOLUTION # APPEAL CAPTIONED SCHIK V. WHEREAS, Robert and Susan Schik have filed a Complaint in Tax Court under Docket No challenging the assessment of real property designated as Block 3305, Lot 18 on the official Tax Map of the City of Passaic, known as 84 Ridge Avenue, Passaic, New Jersey (the Property ) for the year 2017; and WHEREAS, the parties have agreed to the attached Stipulation of Settlement under which Robert and Susan Schik shall withdrawn their Complaint and the 2018 assessment for the Property from $600,000.00; and WHEREAS, the attached Stipulation of Settlement has been reviewed and approved by the City s Tax Appeal Attorney and has been recommended by the Tax Assessor. 25