PRESENT: LOVE, MUNK, POLANCO, SCHWARTZ, C.P. SCHAER ABSENT: GARCIA, MELO

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1 WORK-SESSION WAS HELD ON TUESDAY MARCH 7,2017 AT 5:30 PM IN THE MAYOR S CONFERENCE ROOM, SECOND FLOOR CITY HALL 330 PASSAIC ST., PASSAIC, NJ. Amada D. Curling, City Clerk, read the following notice into record: PURSUANT TO THE OPEN PUBLIC MEETING ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS SCHEDULED WORK SESSION MEETING FOR TUESDAY MARCH 7,2017 AT 5:30 P.M. TO BE HELD IN THE MAYOR S CONFERENCE ROOM, SECOND FLOOR, CITY HALL 330 PASSAIC STREET, PASSAIC, NEW JERSEY. FUTHERMORE, FOLLOWING THE WORK SESSION, THE REGULAR MEETING WILL BE HELD AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF PASSAIC CITY HALL, 330 PASSAIC STREET, PASSAIC, NJ. PRESENT: LOVE, MUNK, POLANCO, SCHWARTZ, C.P. SCHAER ABSENT: GARCIA, MELO ALSO PRESENT: HECTOR C. LORA, MAYOR; RICARDO FERNANDEZ, B.A. AND CHRISTOPHER HARRIOTT, CITY COUNSEL Council President on the chair: Council President Schaer opened the work session with an informal review and discussion regarding agenda items. A separate roll call vote was requested on item 20 Resolution authorizing a shared service agreement with Passaic Board of Education for sharing of rock salt A discussion was conducted regarding item 30 ORDINANCE AMENDING THE CODE OF THE CITY OF PASSAIC CHAPTER 157 GARBAGE, RUBBISH AND REFUSE, ARTICLE I COLLECTION OF GARBAGE RUBBISH AND REFUSE, Council had a few questions regarding addressing the collection of garbage in containers and its size. It was the consensus of the council to allow Administration to revisit and addressed these concerns. At this point Administration requested to removed the ordinance from the Agenda After a brief discussion, On a Motion by Councilman Love, and seconded by Councilwoman Polanco the following Resolution was offered for adoption CITY OF PASSAIC RESOLUTION NO WS RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON MARCH 7, 2017 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Re: To Discuss Matters of Pending Litigation Captioned City of Passaic v. Upper Monroe Improvement Corporation, Rastatter v. City of Passaic. WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exits: 1

2 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 2. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations 3. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 4. This Resolution shall take effect immediately. AYES: Love, Polanco, Schwartz, CP Schaer ABSENT: Melo, Munk,Garcia After a brief discussion on a motion by Councilwoman Polanco and Councilman Love the work session meeting was reconvene AYES: Love, Polanco, Schwartz, CP Schaer ABSENT: Melo, Munk, Garcia Councilman Munk returned to the work session meeting After a brief discussion on a motion by Councilman Love and seconded by Councilwoman Polanco the work session meeting was adjourned AYES: Munk, Love, Polanco, Schwartz, CP Schaer ABSENT: Melo, Garcia PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON TUESDAY MARCH 7, 2017 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 BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON DECEMBER 20, 2016 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE SFY 2017, SAID NOTICE WAS PUBLISHED ON DECEMBER 27, 2016, POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: Love, Polanco, Schwartz, Council President Schaer ABSENT: Melo, Garcia ALSO PRESENT: Hon. Hector Lora, Interim Mayor, Ricardo Fernandez, Business Administrator, Chris Harriott, City Counsel Invocation was rendered by Hon. Hector Lora, Mayor followed by the Pledge of Allegiance 2

3 Council President in the Chair Council President presented the following item: Item no. 30 Be removed from the agenda as per the administration Council Meeting Minutes for February 21, 2017 submitted for approval. Upon motion made by Councilwoman Polanco and seconded by Councilman Schwartz the aforementioned meeting minutes were approved. AYES: ABSENT: Munk, Love, Polanco, Schwartz, CP Schaer Melo, Garcia 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, please be advised that the Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which a person intends to intimidate any individual or group because of race, color, religion, gender, handicap, sexual orientation or ethnicity or makes comments intending to harass or speak any offensive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Councilwoman Melo took her seat on the dais Joe Conoscenti, 170 Broadway, expressed concerns regarding the garbage in the City of Passaic, and stated that had read a newspaper article regarding the City of Garfield that the businesses clean up their property, sidewalks etc. or else there will be a $2,000 fine and said that is time for the City of Passaic to do the same. Mr. Conoscenti stated that at the last meeting Ms. Lezcano stated that the Christopher Columbus stadium was not ready and questioned why it was being used for practicing on Saturday being that it is still under construction. Mr. Conoscenti also stated that Broadway and Grove Streets intersection s are in need of cameras. Beatrice Diaz, 927 Main Avenue, Ms. Diaz suggested an idea that the City of Passaic have an ID made for residents, so they may be documented. Henry Rhodes, Jr. 103 Blaine Street, President of CAP Coaches Association of Passaic, expressed concerns regarding the CDBG application that was submitted for a grant and stated he is hopeful they will be approved to continue with their programs also stated that he was here with an audience of youths supporting the program. The grant was approved last year and was able to expand the organization s programs to do so much more this year. This year they are looking to expand and enhance the program more to be able to keep the youth off the streets. 3

4 Minnie Hiller Cousins, 368 Highland Avenue, Thanked the Council for listening to the CAP Coaches Association concerns. Ms. Hiller Cousins stated that there is a need to go a little bit farther by reaching out to the School Board of Education and the City of Passaic. Henry Rhodes Sr., 103 Blaine Street Mr. Rhodes spoke in support of the CAP Coaches Association and made a statement saying that the football team had brought the City of Passaic a championship, and working hand to hand with the Passaic Recreation Department. Mr. Rhodes expressed that they are looking to be able to obtain a location where they can be able to have 50 or 100 youths to have off season work outs. Gary Walker, Passaic Elks, 197 Harrison Street, spoke in support of the Passaic Cap Coaches Association program and urged for the City of Passaic help regarding CDBG Grant. Isaiah Henderson, 244 Paulison Avenue, spoke in support Of the Passaic CAP Coaches Association program Miguel Acevedo, 122 Park Place spoke in support of the Passaic Cap Coaches Association program and thanked all the Coaches of the Association. Daniela Urena, 101 Hope Avenue, spoke in support of the Passaic Cap Coaches Association program Alexander Diaz, 77 Brook Avenue, spoke in support of the Passaic Cap Coaches Association program Julio 154 Ninth Street, spoke in support of the Passaic Cap Coaches Association program Gissele Garcia, 46 Lafayette Avenue spoke in support of the Passaic Cap Coaches Association program Kervin Kulman 287 Hope Avenue spoke in support of the Passaic Cap Coaches Association program Diane Quinones,201 Market Street, spoke in support of the Passaic Cap Coaches Association program Maleek male youth, spoke in support of the Passaic Cap Coaches Association Program Laya Wilson, 203 Sixth Street, spoke in support of the Passaic Cap Coaches Association Program Dioni Towsend 380 Oak Street spoke in support of the Passaic Cap Coaches Association Program Young female, spoke in support of the Passaic Cap Coaches Association Program Edwin Garcia, 65 Blaine Street,Teacher at Lincoln Middle School, spoke in support of the Passaic Cap Coaches Association Program, and acknowledged the students that are in this program and sees leadership coming out of this program. 4

5 Edwin Valentin, spoke on behalf of the Passaic Cap Coaches Association in their support Steve Siklosi, 23 Orchard Street Thanked the Passaic Cap Coaches Association, coaches and players and spoke in their support. Mr. Siklosi expressed concerns regarding the traffic and parking regulated in Ordinance No Mr. Siklosi also spoke regarding the enforcement of Street sweeping and the revenues which are down last month in January. Where is the revenue in February? Morris Gotheny 245 Burgess Place spoke on behalf of the Passaic Cap Coaches Association, urging support for the organization s program. JJ Jaroslaw Jacwic, 266 Lafayette Avenue, commended the Passaic Cap Coaches Association coaches and players Mr. Jacwic, questioned where all the funding of the 500K expended on the improvement to the rehabilitation of Christopher Columbus Park? If not how many dollars are left in the COP Budget as of Can the City Administration advise the public as the total number of unsettled pending cases as of ? Can the Business Director and Finance Director advise the public as to the total dollars paid out for refund on tax overpayment resulting from Tax Court Judgments in financial 2015 In re: St. Mary s Resolution No ,dated this is my opinion is wrong for the City. Luis Santiago 9 Orchard Street, Mr. Santiago questioned if The St Mary s Hospital property project is this for individual groups, or a specific group? White Jackson 97 Van Houten Avenue, on behalf of the Passaic Cap Coaches Association Thanked the Mayor and Council for listen them regarding their concerns After ample opportunity given and no one else responding on a motion by Councilman Love and seconded by Councilwoman Polanco the public portion of the meeting was closed AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia At this point in the meeting the Council took a five minute recess On a motion by Councilman Love and seconded by Councilman Schwartz to reconvene the meeting AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia ORDINANCES FOR SECOND AND FINAL READING (Public Hearing Required) Council President Schaer called up for the second and final reading Ordinance entitled: 5

6 ORDINANCE NO AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE PLANNING BOARD OF THE CITY OF PASSAIC REGARDING A PROPOSED AMENDMENT TO SCATTERED SITE REDEVELOPMENT PLAN FOR PROPERTY DESIGNATED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 3254 LOT 37 (PENNINGTON AVENUE PROPERTIES/FORMER ST. MARY S HOSPITAL PROPERTIES) (Tabled at the February 7, 2017 meeting) 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. AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia Steve Siklosi, 23 Orchard Street, expressed concerns regarding the parking on how are we handling the parking? Joe Conoscenti, 170 Broadway, questioned if there were any tax abatement and the tax figure? After ample opportunity given and no one else responding on On a motion by Councilman Schwartz and seconded by Councilman Love the public portion of the meeting was closed AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia 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. AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia Council President Schaer called up for the second and final reading Ordinance entitled: ORDINANCE NO ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PASSAIC, CHAPTER 230, RECYCLING, SECTION 30, PROGRAM RESPONSIBILITIES AND DESCRIPTIONS TO REVISE FEE SCHEDULE FOR COLLECTION OF EXCESS TIRES Councilwoman Polanco moved a public hearing to be held on Ordinance. Motion was seconded by Councilwoman Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. 6

7 AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia Steve Siklosi, 23 Orchard Street - asked if we receiving revenues and what is limitation on the tires? After ample opportunity given and no one else responding on On a motion by Councilman Love and seconded by Councilwoman Polanco the public portion of the meeting was closed AYES: ABSENT: Munk, Love, Melo, Polanco, Schwartz, CP Schaer Garcia COMMUNICATIONS AND PETITIONS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilwoman Polanco and seconded by Councilman Love the following items were received placed on file and approval granted John Miskovsky, Construction Official, submitting request for refund to 3EIND, LLC in the amount of $4, for an overcharge of permit no Passaic Department of Recreation, Cultural and Senior Affairs, 330 Passaic Street, submitting applications to hold the following events: Recreation Open House, on March 16, 2017 from 7:00 p.m. to 8:30 p.m. in the Annabelle Shimkowitz Senior Center. Saturday Morning with Spring Bunny, on April 8, 2017 from 10:00 a.m. to 12:00 p.m. in the Annabelle Shimkowitz Senior Center. Mother s Day Gardening Event, on May 13, 2017 from 10:00 a.m. to 12:00 p.m. being held at three separate locations Christopher Columbus Park, Third Ward Park and Pulaski Park. Rain Date: May 20, 2017 Autism Awareness & Spring Fling Fun Run, on May 21, 2017 from 10:00 a.m. to 2:00 p.m. in Third Ward Park (Stage Area) Father s Day Hooked on Fishing, on June 10, 2017 from 10:00 a.m. to 2:00 p.m. in Third Ward Park Hughes Lake. (Contingent Upon Departmental Approvals) Our Lady of Fatima Roman Catholic Church, 32 Exchange Place, submitting applications to hold the following events: Processions, on April 14, :30 a.m. to 1:30 p.m. Group A will commence at Passaic City Hall travel Passaic Street to Prospect Street to Park Place ending at 32 Exchange Place; between 8:30 p.m. to 9:30 p.m. Group B will commence from 32 Exchange Place travel to Pennington Avenue to Gregory Avenue to Park Place ending at 32 Exchange Place. Procession on May 13, 2017 from 8:00 p.m. to 9:00 p.m. The Procession will commence at 32 Exchange Place travel to Pennington Avenue to Prospect Place to Park Place ending at the corner of Exchange Place and Park Place. Annual Parish Picnic/Festival in their church parking lot (private property) on June 23, 2017 from 6:00 p.m. to 11:00 p.m.; June 24, 2017 from 4:00 p.m. to 11:00 p.m.; June 25, 2017 from 9:00 a.m. to 11:00 p.m. (Contingent Upon Departmental Approvals) St. Anthony of Padua R.C. Church, Myrtle Avenue, submitting application to hold the following events: 7

8 Flea Market, in their church parking lot (private property) on April 22, 2017; May 20, 2017; June 17, 2017; July 22, 2017; August 19, 2017 September 16, 2017 and October 21, 2017 from 7:30 a.m. to 4:30 p.m. Procession, on May 20, 2017 from 2:00 p.m. to 2:45 p.m. The Procession will commence in front of the St. Anthony s Church on Oak Street travel to Grove Street to Monroe Street to Myrtle Avenue ending back at Oak Street. Prayer Group, in their church parking lot (private property), on June 05, 12, 19, 26; July 3, 10, 17, 24; 31; August 7,14,21,28, 2017 from 7:00 p.m. and 10:00 p.m. Procession, on June 13, 2017 from 8:00 p.m. to 9:15 p.m. The Procession will commence in front of the St. Anthony s Church on Oak Street travel to Gregory Avenue to Monroe Street to Myrtle Avenue ending on the corners of Myrtle Avenue and Oak Street. (Contingent Upon Departmental Approvals AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia ALL MATTERS LISTED HEREUNDER ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilwoman Polanco and seconded by Councilwoman Melo the following items were received placed on file Personnel Actions- January 2017 New Jersey Department of Environmental Protection submitting the following: Correspondence re: Installation of a Subsurface Depressurization System at: 162 Harrison Street, Passaic- Block 4064.A Lot 33 For: White Laundry, Inc. 20 Van Winkle Avenue Passaic, NJDEP PI No Correspondence re: Installation of a Subsurface Depressurization System at: 158 Harrison Street, Passaic- Block 4064.A Lot 34 For: White Laundry, Inc. 20 Van Winkle Avenue Passaic, NJDEP PI No Soil Remedial Action Permit Transfer/Change of Ownership, Site: F W Speer, 7 Main Avenue, Passaic-Soil Remedial Action Permit No. RAP Correspondence re: Suspected Hazardous substance discharge notification NJDEP Case no Correspondence re: Suspected Hazardous substance discharge notification NJDEP Case no Public Entity Joint Insurance Fund submitting notice of their February 21, 2017 public meeting. Passaic Valley Water Commission submitting the following: Revised agenda of their February 15, 2017 agenda. Minutes of their January 18, 2017 meeting. Agenda of their February 15, 2017 meeting. North Jersey District Water Supply Commission, submitting the following: Minutes of their January 25, 2017 meeting. Notice and Agenda of their February 8

9 Passaic County Road Department, submitting correspondence re: City of Passaic Department of Public Works Performance Bond and Insurance Certificate. Passaic Board of Education, submitting notice rescheduling their February 27, 2017 meeting to March 8, Parking Authority of the City of Passaic submitting the following: Minutes of their January 18, 2017 meeting. Agenda of their February 22, 2017 meeting. Alcoholic Beverage Control Board of the City of Passaic submitting the following: Minutes of their January 18, 2017 meeting. Agenda of their February 22, 2017 meeting. AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON MARCH 7, 2017 AT 7 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING RESOLUTION WAS VOTED ON SEPARATELY BY ONE MOTION On a motion by Councilman Munk and seconded by Councilwoman Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION # RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH PASSAIC BOARD OF EDUCATION FOR SHARING OF ROCK SALT WHEREAS, City of Passaic and Passaic Board of Education wish to enter into a Shared Services Agreement for the sharing of rock salt pursuant to N.J.S.A. 40A:65-1, et seq.; and WHEREAS, under the Shared Service Agreement, Passaic shall provide rock salt to the Board as needed for the winter at the rate that Passaic pays for rock salt as per current contract price plus a five percent (5%) administrative fee to Passaic for the cost of administering this contract. WHEREAS, the term of the Shared Service Agreement shall commence on July 1, 2017 and expire on June 30, 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 a Shared Services Agreement with Passaic Board of Education for the sharing of rock salt 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 9

10 BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to Passaic Board of Education to commence the Shared Services Agreement; and 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. AYES: Munk, Melo, Polanco, Schwartz, CP Schaer ABSTAIN: Love ABSENT: Garcia THE FOLLOWING RESOLUTIONS WERE VOTED ON BY ONE MOTION CITY OF PASSAIC RESOLUTION NO RESOLUTION VOIDING PROPERTY TAXES FOR REAL PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK LOT 59 AND LOCATED AT 114 AUTUMN STREET, PASSAIC, NEW JERSEY WHEREAS, the City of Passaic assesses and taxes cell phone towers as real property; and WHEREAS, during the 2016 revaluation of all properties within the City of Passaic, real property identified on the official Tax Map of the City of Passaic as Block Lot 59 and located at 114 Autumn Street, Passaic, New Jersey ( Property ) was wrongly assessed as having a cell phone tower on the Property; and WHEREAS, such assessment resulted in additional property taxes in the amount of $7,200.78, plus accrued interest, for the Property; and WHEREAS, a subsequent inspection confirmed that a cell phone tower has never existed on the Property. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Tax Collector is hereby authorized to void $7, in property taxes wrongly imposed for a cell phone tower, as well as any and all interest, for the real property identified on the official Tax Map of the City of Passaic as Block Lot 59 and located at 114 Autumn Street, Passaic, New Jersey; and BE IT FURTHER RESOLVED that the Tax Assessor and/or Tax Collector are hereby authorized and directed to immediately undertake any and all actions necessary to effectuate this Resolution. RESOLUTION# RESOLUTION AUTHORIZING TAX SALE CERTIFICATE PREMIUM ESCHEAT FOR CERTAIN REAL PROPERTY IDENTIFIED HEREIN PASSAIC, NJ WHEREAS, on the dates set forth below, the following properties were sold at a tax sale and a tax lien certificate was placed against each properties with a premium being paid to purchase each lien: CERTIFICATE# BLOCK/LOT SALE DATE FORECLOSURE DATE AMOUNT # /27 6/12/12 7/20/15 $

11 # /3 6/12/07 4/27/12 $2, # /1 6/23/09 9/26/16 $1, # /41 6/14/11 11/15/15 $2, # /40 6/23/09 2/8/13 $1, # /52 6/23/09 4/22/13 $ # /1.7/C004G 6/23/09 10/31/13 $ # /38 6/23/09 2/13/15 $1, # /48 6/12/12 4/26/16 $4, # /35 6/14/05 12/8/11 $2, # /8 6/12/07 6/29/12 $4, # /48 6/12/12 2/10/14 $3, WHEREAS, pursuant to N.J.S.A. 54:5-33, any tax sale certificate premium payments shall be held by the collector, if redemption is not made within five years from date of sale or the property is foreclosed on, the premium payment shall be turned over to the treasurer of the municipality and become part of the funds of the municipality; and WHEREAS, such the tax lien certificates were foreclosed by the lien holder. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Tax Collector is hereby authorized and directed to turn over premium payments totaling $25, for tax sale certificates identified herein to the Chief Financial Officer pursuant to N.J.S.A. 54:5-33; and BE IT FURTHER RESOLVED that the Tax Collector and Chief Financial Officer are hereby authorized and directed to execute any and all documents necessary to effectuate RESOLUTION# RESOLUTION AUTHORIZING TAX SALE CERTIFICATE PREMIUM ESCHEAT FOR REAL PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 1013 LOT 14 AND LOCATED AT 49 FOURTH STREET, PASSAIC, NJ WHEREAS, the City of Passaic Tax Collector has reported that Tax Sale Certificate # was sold to Pam Investors, Bergenfield, New Jersey on June 12, 2007 for real property identified on the official tax map of the City of Passaic as Block 1013 Lot 14 and located at 49 Fourth Street, Passaic, New Jersey; and WHEREAS, pursuant to N.J.S.A. 54:5-33, any tax sale certificate premium payments shall be held by the collector, if redemption is not made within five years from date of sale or the property is foreclosed on, the premium payment shall be turned over to the treasurer of the municipality and become part of the funds of the municipality; and WHEREAS, more than five years from the date of the sale have passed without redemption of such tax sale certificate having been made. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Tax Collector is hereby authorized and directed to turn over premium payments totaling $2, for Tax Sale Certificate # to the Chief Financial Officer pursuant to N.J.S.A. 54:5-33; and BE IT FURTHER RESOLVED that the Tax Collector and Chief Financial Officer are 11

12 hereby authorized and directed to execute any and all documents necessary to effectuate the purpose of this Resolution. RESOLUTION NO RESOLUTION AUTHORIZING 2017 GRANT APPLICATION FOR SAFE AND SECURE COMMUNITIES PROGRAM CONTINUATION FUNDING WHEREAS, the City of Passaic has received notice from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice, regarding a grant for the Safe and Secure Communities Act Grant Program; and WHEREAS, this grant money in the amount of $90, can be used for law enforcement personnel costs; and WHEREAS, the City Police Department wishes to submit an application for this 2017 grant. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the Passaic Police Department is hereby authorized to submit a 2017 grant application to the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Criminal Justice in the amount of $90, for law enforcement personnel costs. BE IT FURTHER RESOLVED that the Passaic Police Department, Mayor and City Clerk are hereby authorized to take all necessary action to file this application and to accept the 2016 grant, if issued, by the State of New Jersey. CITY OF PASSAIC RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR CLEARING AND MAINTAINING A GEESE FREE ENVIRONMENT VETERANS MEMORIAL PARK and WHEREAS, there is an abundance of geese population in Veterans Memorial Park; WHEREAS, this abundance of geese is causing many issues including health concerns, accumulations of droppings on the playground, sidewalks and resident s property; and WHEREAS, it is the recommendation of the Administration that a contract be awarded for services to mitigate this problem; and WHEREAS, pricing for clearing and maintaining a geese free environment was received as per the attached; and WHEREAS, Geese Chasers, Brick, NJ was the lowest price for clearing and maintaining a virtually geese-free environment in Veterans Memorial Park; and WHEREAS, pricing for this service is as follows: Annual Maintenance (52 Week Coverage) $ /week $ 15, Egg addling (Removing fertilized eggs from nest) $ 85.00/nest $ 1, Approximately 20 nests $ 17,

13 WHEREAS, due to the unknown number of nests in the park, the cost for this contract is not to exceed $ 20, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Clearing and Maintaining a Geese-Free environment, Veterans Memorial Park, be awarded to Geese Chasers, Brick, NJ in an amount not to exceed $ 20, BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for these services on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds are available contingent upon budget approval. Acct. # RESOLUTION # RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A SHARED SERVICES AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF PASSAIC FOR HOUSING POLICE SERVICES WHEREAS, the City of Passaic and the Housing Authority of the City of Passaic wish to enter into a Shared Services Agreement for the provision of housing police services by the City of Passaic to the Housing Authority; and WHEREAS, the attached Shared Services Agreement provides, amongst other things, that the City of Passaic will provide housing police services associated with the Housing Authority s security programs for the period of January 1, 2017 through December 31, 2017 in exchange for the sum of Two Hundred and Eighty Thousand dollars ($280,000.00); and WHEREAS, the Housing Authority has already adopted a Resolution authorizing it to enter into the attached Shared Services Agreement under the terms and conditions set forth therein. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Shared Services Agreement with the Housing Authority for housing police services; 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 Housing Authority to commence the Shared Services Agreement; and 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 No RESOLUTION AUTHORIZING THE POSTING OF A PERFORMANCE BOND FOR WORK PERFORMED ON ROADWAYS OWNED BY THE COUNTY OF PASSAIC WHEREAS, the Passaic County Board of Chosen Freeholders have adopted a Highway Opening and Use Resolution which requires the posting of performance bond with the County of Passaic ( County ) whenever a Highway Opening and Use Permit is issued for a County-owned roadway; and 13

14 WHEREAS, from time to time, the City of Passaic ( City ) will be granted a Highway Opening and Use Permit by the County in order to perform work on, in, under or over the County s public right-of-way in connection with the operation of the City s utilities; and WHEREAS, the County requires the bond to guarantee proper performance of each and every Highway Opening and Use Permit; and WHEREAS, the City is desirous to file a single bond which shall cover any and all Highway Opening and Use Permits issued by the County to the City for the work performed within the County s right-of-way for the period of two (2) years from the date of the final pavement restoration inspection of the work for which the permit has been issued. NOW THEREFORE BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to provide the County of a Passaic with a performance bond as required by the County s Highway Opening and Use Resolution in the amount of thirty thousand dollars ($30,000) to cover work performed within the County s right-of-way; and it is FURTHER RESOLVED that the City of Passaic shall indemnify and hold the County of Passaic harmless from liability for any and all work performed by the City within the County s right-of-way and shall provide the County with a Certificate of Insurance naming the County as an additional insured thereto; and it is FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any and all documents necessary to effectuate the purpose of this Resolution. RESOLUTION# RESOLUTION AUTHORIZING A CONTRACT FOR MARKETING OF RECYCLABLE MATERIALS WHEREAS, bids were received by the Director of Purchasing on Thursday, February 16, 2017 for Marketing of Recyclable Materials; and WHEREAS, bids were received as per the attached; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract be awarded to Atlantic Coast Fibers of Passaic, NJ as follows: Mixed Paper #2 Approximately 1,500 tons/yr. Corrugated Cardboard #11 Approximately 2,000 tons/yr. 70% of Yellow Sheet 60% of Yellow Sheet WHEREAS, the contract period shall commence on March 1, 2017 through February 28, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Marketing of Recyclable Materials be awarded to Atlantic Coast Fibers of Passaic, NJ at a rate of 70% for Mixed Paper #2 and a rate of 60% for Corrugated Cardboard #11 for an approximate revenue of $100,000.00/yr. commencing on March through February 28, BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for these services, on a form approved by the City Attorney. 14

15 CITY OF PASSAIC RESOLUTION NO RESOLUTION AUTHORIZING ASSESSOR AND TAX APPEAL COUNSEL TO CORRECT ERRORS IN TAX ASSESSMENT, SIGN STIPULATION TO CORRECT SAID ERRORS, AND FILE MUNICIPAL TAX APPEALS ON THE BEHALF OF THE CITY OF PASSAIC FOR THE PERIOD JANUARY 1, 2017 THROUGH AND INCLUDING DECEMBER 31, 2017 WHEREAS, the Tax Assessor for the City of Passaic will from time to time detect errors or omissions made in computing the tax assessments covering certain properties located within the City of Passaic, and, WHEREAS, notice of errors can also be discovered through property owner's municipal tax appeals at the County and State level, and, WHEREAS, it is the desire of the City Council of the City of Passaic to authorize the Tax Assessor and Tax Appeal Counsel to correct said errors and file appropriate documents as to the same, and, WHEREAS, the Passaic County Board of Taxation and the Tax Court of the State of New Jersey further require Council authorization for Tax Assessor and Tax Appeal Counsel to settle pending matters, and, WHEREAS, it is in the best interest of all parties involved to amicably resolve municipal tax appeal matters within the guidelines established by the New Jersey Constitution and existing case law. NOW THEREFORE BE IT RESOLVED by the City Council for the City of Passaic that the Tax Assessor for the City of Passaic and the Tax Appeal Counsel are hereby authorized to jointly file corrective appeals with the Passaic County Board of Taxation and State Tax Court as well as signing Stipulations to correct any errors or omissions related to City of Passaic assessments for the period of January 1, 2017 through and including December 31, 2017 subject to the following: 1. Any municipal tax matter for a commercial or industrial property which requires a tax refund, exclusive of interest, of over $10,000 for the year in question or results in a 10% reduction in assessed valuation, shall require approval by the City Council prior to the execution of Stipulation of Settlement by the City Attorney or Tax Appeal Attorney. 2. Any municipal tax matter for a residential property which results in a 20% reduction in assessed valuation shall require approval by the City Council prior to the execution of Stipulation of Settlement by the City Attorney or Tax Appeal Attorney. AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia ORDINANCE FOR INTRODUCTION AND FIRST READING:

16 Council President Schaer read said Ordinance by title. ORDINANCE NUMBER ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, VEHICLES AND TRAFFIC, ARTICLE XVI, BUS STOPS, SECTION 38 LOCATIONS TO ADD TEMPORARY BUS STOPS DUE TO THE CONSTRUCTION OF THE EIGHTH STREET BRIDGE WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295, Vehicles and Traffic, Article XVI, Bus Stops, Section 38, Locations, designates certain areas within the City of Passaic as bus stops and provides that and no person shall park a vehicle at any time at such locations; and WHEREAS, New Jersey Transit has requested that the City of Passaic add two (2) temporary bus stops on Market Street (CR 619) in Passaic due to the ongoing construction of the Eighth Street Bridge needed to serve passengers on the NJ Transit 707 Paterson- Paramus service; and WHEREAS, NJ Transit has also requested permission from the County of Passaic as Market Street (CR 291) is a County-owned road; and WHEREAS, such temporary bus stops shall exist until construction on the Eighth Street Bridge is completed. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, Vehicles and Traffic, Article XII, Schedules, is hereby amended as follows: SECTION I ALL ADDITIONS ARE NOTED THERE ARE NO DELETIONS Chapter 295. Vehicles and Traffic Article XVI. Bus Stops Locations designated. No person shall park a vehicle at any time at the following locations, which are hereby designated as bus stops: Name of Street Side Location Market Street East Passaic Street (near side), beginning at the southerly curbline of Passaic Street and extending 100 feet southerly Therefrom SECTION II If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III 16

17 All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Councilwoman Melo moved the Ordinance be approved on first reading. Motion was seconded by Councilwoman Polanco the public hearing be held on March 7, AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia Council President Schaer read said Ordinance by title. ORDINANCE NO# ORDINANCE AMENDING THE DESIGNATING RESTRICTED PARKING FOR USE BY HANDICAPPED PERSONS RESTRICTED BY NJ LICENSE PLATE NUMBER WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 397 Handicapped Parking Spaces. WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 397 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number. shall be amended by the inclusion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 215 Burgess Place West (Pine Stret) Beginning at a point 37 feet south of the southerly curbline of Burgess Place and extending to a point 22 feet southerly therefrom 62 Dayton Avenue North (Hobard Street) Beginning at a point 37 feet east of the easterly curbline of Dayton Avenue and extending to a point 22 feet easterly therefrom 52 Fourth Street East Beginning at a point 141feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 208 Fourth Street East Beginning at a point 203 feet north of the northerly curbline of Monroe HB X19GKB HX6492 G81ENA

18 Street and extending to a point 20 feet northerly therefrom 49 Henry Street South Beginning at a point 235 feet west of the westerly curbline of Leonard Place and extending to a point 25 feet westerly therefrom 355 Howe Avenue South Beginning at a point 170 feet east of the easterly curbline of Van Houten Avenue and extending to a point 25 feet easterly therefrom 246 Madison Street North Beginning at a point 50 feet west of the westerly curbline of Main Avenue and extending to a point 22 feet westerly therefrom IM89NS Z58FKD 8897HC 35 Palmer Street South Beginning at a point 98 feet west of the westerly curbline of River Drive and extending to a point 20 feet westerly therefrom R65AHD ADDITION: NAME OF STREET SIDE LOCATION PLATE # 62 Dayton Avenue North (Hobard Street) Beginning at a point 37 feet east of the easterly curbline of Dayton Avenue and extending to a point 22 feet easterly therefrom 52 Fourth Street East Beginning at a point 141feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 208 Fourth Street East Beginning at a point 203 feet north of the northerly curbline of Monroe Street and extending to a point 20 feet northerly therefrom 355 Howe Avenue South Beginning at a point 170 feet east of the easterly curbline of Van Houten Avenue and extending to a point 25 feet easterly therefrom 29 Leonard Place West Beginning at a point 150 feet north of the northerly curbline of Madison Street and extending to a point 21 feet northerly therefrom 246 Madison Street North Beginning at a point 50 feet west of the westerly curbline of Main Avenue and extending to a point 22 feet westerly therefrom 35 Palmer Street South Beginning at a point 98 feet west of the westerly curbline of River Drive and extending to a point 20 feet westerly therefrom UGX75S S79GNT G32HME J53HHW ZMN37L ZWE10S NTX39Z 209 Third Street West Beginning at a point 154 feet south T35GCA 18

19 of the southerly curbline of Morris Street and extending to a point 20 feet southerly therefrom Councilwoman Munk moved the Ordinance be approved on first reading. Motion was seconded by Councilwoman Melo the public hearing be held on March 7, AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia Council President Schaer read said Ordinance by title. ORDINANCE NO ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 39, POLICE DEPARTMENT, ARTICLE VIII, OFF-DUTY POLICE SERVICES, SECTION 16, PAYMENT FOR OFF-DUTY POLICE SERVICES TO AMEND HOURLY RATE PAID TO POLICE OFFICERS FOR OFF-DUTY POLICE SERVICES WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 39, Police Department, Article VIII, Off-Duty Police Services, Section 16, Payment for Off-Duty Police Services, establishes the hourly rate paid to police officers for off-duty assignments; and WHEREAS, the City of Passaic wishes to amend the City Code of the City of Passaic, Chapter 39, Police Department, Article VIII, Off-Duty Police Services, Section 16, Payment for Off-Duty Police Services, to amend the hourly rate paid to police officers for off-duty assignments to reflect recent contractual changes; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 39, Police Department, Article VIII, Off-Duty Police Services, Section 16, Payment for Off-Duty Police Services, is hereby amended as follows : ALL AMENDMENTS ARE UNDERLINED THERE ARE NO DELETIONS Chapter 39. Police Department Article VI. Off-Duty Police Services Payment for off-duty police services. SECTION I A. An outside employer wishing to hire police officers for off-duty police work shall pay for these services directly to the City, and the City shall issue the police officer a City check for these services for the net amount equal to the gross pay less any applicable deductions. Payment for off-duty employment shall not be part of the pension. 19

20 B. Police officers obtaining police-related off-duty employment shall be subject to all of the rules, regulations, orders and directives of the City of Passaic Police Department. The City may require that police officers wear their uniforms during off-duty employment assignments. C. The hourly rate to be paid to police officers by the City shall be as follows: (1) Per hour for protective services, traffic enforcement and work zone safety between the hours of 0700 and 1700 with an initial four-hour minimum: $550. Thereafter, any fraction of the hour goes to the next hour. (2) Per hour for protective services, traffic enforcement and work zone safety between the hours of 1700 and 0700 and work done on weekends and holidays with an initial four-hour minimum: $650. Thereafter, any fraction of the hour goes to the next hour. (3) Per hour for work performed for the City of Passaic Board of Education, with a two-hour minimum: $450. D. An outside employer wishing to cancel its request for off-duty police service must do so at least one hour prior to the time such off-duty services were scheduled to commence, or such outside employer shall be responsible for the full cost of the four-hour minimum as set forth in Subsection C herein. SECTION II If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only. SECTION IV This Ordinance shall take effect upon final adoption and publication in accordance with law. Councilman Love moved the Ordinance be approved on first reading. Motion was seconded by Councilwoman Melo the public hearing be held on March 7, AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia PAYMENT OF BILLS On a motion by Councilwoman Polanco and seconded by Councilwoman Melo PAYMENT OF BILLS were accepted and approved AYES: Munk, Love, Melo, Polanco, Schwartz, CP Schaer ABSENT: Garcia Administrator Report: Welcomed everyone for tomorrows ribbon cutting opening of Christopher Columbus Park field. 20

21 There being no further business to come before the Council on a motion by Councilman Love and seconded by Councilwoman Polanco the meeting was adjourned at 9:15 p.m. ATTEST: APPROVED: Amada D. Curling, City Clerk Gary S. Schaer, Council President 21