CITY OF PASSAIC RESOLUTION NO _

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1 WORK-SESSION WAS HELD ON TUESDAY JANUARY 24,2017 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 HAS SCHEDULED WORK SESSION MEETING FOR TUESDAY JANUARY 24, 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, Melo, Schwartz, Garcia, CP Schaer ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, B.A. and Christopher Harriott, City Attorney Council opened the work session with an informal review and discussion regarding agenda items. Administration requested the Public Hearing to be taken off the agenda at this time additionally Item 17 RESOLUTION GREEN ACRES ENABLING RESOLUTION, was also requested to take it off the agenda at this time. Councilman Munk walked into the work session meeting. After a brief discussion, On a Motion by Councilman Garcia, and seconded by Councilman Love the following Resolution was offered for adoption RESOLUTION NO _ RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE ON JANUARY 24, 2017 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS RE: Resolution Authorizing executive session to discuss matters of contractual negotiations (MPS Parking Meters) and pending litigation (Rastatter V COP, COP vs. UMSIC and KAK vs. COP) 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: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 1

2 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. This Resolution shall take effect immediately AYES: Love, Munk, Melo, Schwartz, Garcia, CP Schaer ABSENT: Polanco After a brief discussion the council adjourned the work session meeting. A REGULAR PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON TUESDAY, JANUARY 24, 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, AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK. PRESENT: Munk, Love, Melo, Schwartz, CP Schaer ABSENT: Garcia, Polanco ALSO PRESENT: Hector Lora, Mayor, Ricardo Fernandez, Business Administrator; Christopher Harriott, City Counsel. Council President on the chair Invocation was rendered by Councilwoman Melo followed by the Pledge of Allegiance Councilman Love asked Council President to conduct for a moment of silence for the late Mr. Mitchell, a loving child of our City a Coach and mentor Council President Schaer stated that with Council s permission will entertained first the very special Martin Luther King program and thanked Councilman Love for year after year after year for the arrangement of this program, and a pleasure on 2

3 behalf of myself and my colleagues. Councilman Love welcomed Everyone, and I give the credit to the young people I reached out every year and some of our Season people, The Place Brothers, Ms. Woodson and Mr. Kenner and speakers Deacon Eddie Little Jr., Chairman of the Black Forum of Passaic with libations Praise Dance performed by Worship & Arts Ministry of Bethel AME of Passaic Mariah White from Passaic County Technical School performed I Have A Dream Speech made by Dr. William Baskerville Jr.,of Mariah Baptist Church Final selection with a song by the Place Brothers, Ms. Woodson and Mr. Kenner Remarks were made on behalf of the Council President, and Council members and Mayor Hector Lora At this point in the meeting Council President Schaer called for a five minute recess On a motion by Councilman Love and seconded by Councilman Garcia to reconvene the meeting AYES: Munk, Love, Melo, Schwartz, Garcia CP, Schaer ABSENT: Polanco Council Meeting Minutes January 10, 2017 submitted for approval. Upon motion made by Councilwoman Melo and seconded by Councilman Love the aforementioned meeting minutes were approved AYES: Munk, Love, Melo, Schwartz, Garcia CP, Schaer ABSENT: Polanco Council President announced that the PUBLIC HEARING: Re: NJ Department of Environmental Protection Green Acres Park Development Program was taken off the agenda and Item No. 17 Resolution City of Passaic Green Acres Enabling Resolution Was taken off the agenda HEARING OF CITIZENS: Council President Schaer opened the public portion of the meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,... Therefore, please be advised that the Council will not entertain any comments from persons who communicate obscene material, make 3

4 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. Howard Pujols, 245 Hope Avenue, read the following statement: On this night were we honor Martin Luther King Jr., who was a devoted student of the peaceful strategies and movement of Mohandes K. Ghandi, Martin Luther King who gave his life, fighting for the achievement of equal rights to have all of us I this room be able to stand here no matter of your race or color or creed, Passaic is a living dream of Martin Luther King Jr., and so I begin my time with a quote I suppose leadership at one time meant muscles; but today it means getting along with people Mr. Pujols made the following questions: Item No. 9 is Alexis Guiliani s resigning from the Urban Enterprise Zone Corporation based on ties to being the developer mentioned in the case of the disgraced ex-mayor Alex Blanco? Can I as a citizen OPRA the resignation letter? What entails the 2017 Green Acres Enabling Resolution (Item No. 17)? Item No. 26 who can the public request information from the targeted streets to be repaired in year 2017? Item No. 27 What is the Passaic Safe Streets Initiative Project? Passaic and Passaic County received a 5 million dollar part of the settlement against Passaic River Polluters apart of the lawsuit filed by former NJ Governor James Mc Greevey 12 years ago, how much of the 5 million went directly to Passaic? What are the four phases to allow access to Dundee Island? Is Interim Mayor Hector Lora open to the reinstatement of Lt. Rasttatter? Is the Council and Mayor open to investing open space parking lots for overnight parking for its hard working citizens? What is the status of Ex Public Works Director? How long are the interim Mayors, vice, Deputy Mayors to last for? And which I must add much owed respect to the appointed Deputy Mayor of Veterans Affairs Minnie Hiller This question I will like to address it to Interim Mayor Lora, other than beneficiary monetary or campaign donations, no disrespect to him, but what has Deputy Mayor Cesar Aguirre really done to earn this title of Deputy Mayor of Community Affairs with all due respect? How many more Deputy Mayors can the city expect? 4

5 Where Ad Hoc committees with structure not a better option then a single person title? Is the Cost of the bind from Roofing Company for YMCA GPCC include materials? What body of local government votes in resolutions and ordinances? Who is the official spokesman of Passaic? Why did Council President not repeat the same actions taken in May 9 th 2008, and have special election to allow the City of Passaic s great and diverse citizens vote a replacement? Would the Municipal operations of City of Passaic in Council President s opinion/ words not been able to perform its legal and municipal duties upon resignation of disgraced and fallen former Mayor Blanco on November 16, 2016? By the appointment of Interim Mayor Lora by vote of Council, was it not an advantage given on said Interim Mayor? Rene Griggs, 23 Aspen Place Apt. 6-C Thank Mayor Hector Lora, Ms. Hiller, Deputy Mayor on behalf of Griggs family on January 16 th in honoring their nephew Hezekiah Griggs III, with plaque. Thanked Councilman Love for continuing Reaching out to our family, The family is still not recovered from the passing of their nephew Evelyn T. Robinson, th St. Apt. 2-D Congratulated Councilman Love on the program of Martin Luther King and stated that it gets better and better. And that is full of quality. Green Acres, expressed concerns regarding the calling of Pulaski Park as a downtown park. Does anyone realize that the most crowded area in Passaic in downtown area. Children living in the downtown area of Passaic deserve a Park. Expressed concerns of the downtown area residents are not being heard Minnie Hiller Cousins, 368 Highland Avenue, Thanked Councilman Love, and Mayor and Council for the MLK Program. It brings out the pride and dignity and unity, as the children embraced each other I felt a sense of power and when the Minister stood and spoke to waken up and stop sleeping. Let us continue this is well needed. Thanked from the Morel s/hiller Cousins family, and mentioned that her aunt has passed away, came here when she was 20 years old we are still digging out the archives from her homestead, also when she dies a bit of Passaic went with her. JJ-Jaroslaw Jackiw, 266 Lafayette Avenue Mr. Jackiw, made the following questions: Q. Will the Mayor, authorize the Deputy Mayor for Community Services to assist the Director of Parks, to evaluate all ancillary parks with the City of Passaic Park System, in 2017? If not? Why not? Q. Will Council President authorize an Ad Hoc Committee to evaluate all ancillary parks and their service requirements within their respective districts (communities), in 2017? If 5

6 not? Why not? Q.Will the Mayor authorized the Director of Building Services to evaluate the dilapidated state of all exterior, interior at RCHMC? If not? Why not? Q.Has the Director of Community Development reviewed the following information that was requested, at the council meeting of January 10,2017? What is the state of all affordable housing within the City of Passaic in financial year 2016? Q. Will the Mayor, City Council President authorize an Ad Hoc Committee to evaluate the fishability of adding a City of Passaic, Cable TV System, to broadcast all City Council Meetings and various Boards etc., in 2017? If not? Why not? Q. Will the City Council President, Council Members authorize the Council Recording Secretary to add a written response to all questions presented by the Public at various City Council Meetings of 2017? If not? Why not? Joe Conoscenti, 170 Broadway, read the following concerns: Please authorize the Dept. of Parks to replace the American flag Pow, etc and the missing lighting at Christopher Columbus Memorial,Third Ward Park Passaic Avenue. The old tennis court Van Houten Avenue for the past 16 year is currently being used as a illegal city dump. Please authorize a full spring city clean up and return this lot to its original stage. Respectfully please note the following violations of NJT Train Station property at Lackawanna Place, across Van Houten Avenue, D ,16 issued sidewalks curves should be city cleaned. Passaic, NJT overpass, lighting not working. Will like to know why at a past meeting was not able to give out a certificate of achievement to a citizen of Passaic, will like to know why it could not be done. Mayor Lora 12 million dollars for Dundee Island Park will there be signs at the entrance. Carlos Cinto, 422 Oak Street, Questioned the maintenance of facilities being built in the City of Passaic, also regarding the signs being missing in parks etc. School No. 11 Memorial Park there is no sign indicating hours, a lot of pot holes unsafe being is so close to the School. Expressed concerns regarding the parking meters function not Working properly. After ample opportunity given and no one else responding on a motion by Councilman Garcia and seconded by Councilwoman Melo AYES: Love, Melo, Schwartz, Garcia CP, Schaer Council President Schaer called up for the second and final reading Ordinance entitled: 6

7 ORDINANCE NO# ORDINANCE AMENDING THE DESIGNATING RESTRICTED PARKING FOR USE BY HANDICAPPED PERSONS RESTRICTED BY NJ LICENSE PLATE NUMBER Councilman Love 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. AYES: Love, Melo, Schwartz, Garcia CP, Schaer After ample opportunity given and no one responding on On a motion by Councilman Love and seconded by Councilman Garcia the public portion of the meeting was closed AYES: Love, Melo, Schwartz, Garcia CP, Schaer Councilman Garcia 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: Love, Melo, Schwartz, Garcia CP, Schaer COMMUNICATIONS AND PETITIONS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilman Garcia and seconded by Councilwoman Melo the following communications and petitions were received place on file and approval granted Amada D. Curling, City Clerk, submitting Raffle License application for the following organization: Congregation Netivot Shalom, 811 Palisades Avenue, Teaneck, NJ Zuniga Entertainment, LLC t/a Fiesta Night Club, 115 President Street, submitting application to renew their Entertainment License for the year (With conditions as per resolution no ) Azucena Flores, Kitchen & Granite Depot, 150 Passaic Street, submitting request to adjourn their Loading Zone request hearing scheduled for January 24, El Atardecer de Puebla, 210 Washington Place, submitting application to renew their Entertainment License AYES: Love, Melo, Schwartz, Garcia CP, Schaer 7

8 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 Councilman Love and seconded by Councilman Garcia The following items were received and placed on file Passaic Valley Water Commission submitting notice and agenda of their January 18, 2017 Re- Organization Meeting. Hon. Hector C. Lora, Mayor, submitting memorandum re: Police and Fire Departments Promotions. Personnel Actions- December 2016 Alexis Guilliani, submitting his resignation from the Urban Enterprise Zone Corporation. NJ Department of Environmental Protection, submitting correspondence re: January 19 th, 2016 Strom Water Audit of Passaic City, Passaic County, NJPDES Permit Number NJG , PI number Housing Authority of the City of Passaic, submitting notice cancelling their meeting scheduled for January 18, Public Entity Joint Insurance Fund, submitting notice of their of their January 24, 2017 meeting. Parking Authority submitting the following: Agenda of their January 18, 2017 regular meeting Minutes of their December 14, 2016 regular meeting. Alcoholic Beverage Control Board submitting the following: Agenda of their January 18, 2017 regular meeting Minutes of their December 14, 2016 regular meeting. Passaic Enterprise Zone Dev. Corp., submitting minutes of their September 22, AYES: Love, Melo, Schwartz, Garcia CP, Schaer THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 24, 2017 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING RESOLUTIONS WERE VOTED ON BY ONE MOTION On a motion by Councilman Schwartz and seconded Councilwoman Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION 8

9 RESOLUTION # RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2017 CHEVROLET TAHOE 4 X 4 PASSAIC FIRE DEPARTMENT WHEREAS, the Passaic Fire Department wishes to purchase One (1) 2017 Chevrolet Tahoe 4 x 4 offered under NJ State Contract #A79010 from Hertrich Fleet Services, Milford, DE; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: Total Unit Price One (1) 2017 Chevrolet Tahoe $ 33, $ 33, Options Light Bar Package $ 3, $ 36, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Day Chevrolet of Monroeville, PA in the amount of $ 36, BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in the Police Forfeiture Funds Acct.#C VH RESOLUTION # RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2017 FORD EXPLORER 4 WD PASSAIC FIRE DEPARTMENT WHEREAS, the City of Passaic wishes to purchase One (1) 2017 Ford Explorers 4WD offered under NJ State Contract #A83013 from Beyer Ford, Morristown, NJ; and 9

10 WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: Model Qty. Unit Price: Total 2017 Ford Explorer 1 $ 24, $ 24, Options: Console All Weather Mats 1 $ $ Undercoating 1 $ $ Havis Console w/map light Armrest and cup holder 1 $ $ TOTAL $ 25, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Beyer Ford, Morristown, NJ in the amount of $ 25, 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 Acct. #C VH RESOLUTION # RESOLUTION TO ACKNOWLEDGE AWARD OF CONTRACT FOR BULK NATURAL GAS SUPPLY SERVICE BY THE PASSAIC COUNTY ENERGY COOPERATIVE PRICING SYSTEM BID WHEREAS deregulation of the nation s energy markets have provided opportunities to save money by procuring natural gas through a competitive process; and WHEREAS, Passaic County established a purchasing cooperative as authorized by N.J.S.A. 40A:11-11 to achieve these cost savings; and WHEREAS, the City of Passaic is a participating member of the cooperative; and 10

11 WHEREAS, the County of Passaic, as lead agency pursuant to N.J.A.C. 5: et seq., issued a public solicitation to qualified vendors for the Passaic County Energy Regional Cooperative Pricing System (Division of Local Government Services Identifier # 203PCERCPS) bid for Natural Gas Supply Service; and WHEREAS, this cooperative undertook all procurement efforts 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.; and WHEREAS, the County of Passaic, Department of Purchasing has reviewed and tabulated the proposals/bids as received on September 23, 2016 pursuant to N.J.S.A. 40A: 11-1 et. Seq., and has made a recommendation to the Board of Chosen Freeholders for an award of contract for natural gas supply service to South Jersey Energy of Mount Laurel, NJ; and WHEREAS, the County of Passaic Energy Cooperative Pricing System has entered into a natural gas supply service agreement for a contract period March 1, 2017 through November 30, 2018, pursuant to the memorandum dated September 23, 2016 attached hereto; and WHEREAS, the City of Passaic realized a $ 10, savings for the previous contract; and NOW THEREFORE BE IT RESOLVED by the City of Passaic that pursuant to the terms and conditions set forth above, it hereby acknowledges and accepts the award of contract to South Jersey Energy of Mount Laurel, NJ for the Passaic County Regional Energy Cooperative Pricing System, Natural Gas Supply Service for Fixed Basis Upcharge price at $ per decatherm for accounts within PSE&G service territory. CERTIFICATION OF FUNDS Funds for the above are available in Electric/Gas Acct. #

12 RESOLUTION # RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH YOUR WAY CONSTRUCTION FOR BURGESS PLACE DRAINAGE IMPROVEMENTS WHEREAS, on April , the City Council of the City of Passaic adopted Resolution # (attached) approving a contract with Your Way Construction in the amount of $36, for Burgess Place Drainage Improvements; and WHEREAS, a change order is necessary to decrease the contract as follows: Original Contract $36, Less Reductions -$ Final Contract Price $36, 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 for Burgess Place Drainage Improvements is ratified and accepted, adjusting the contract to the revised total amount of $36, BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order in a form approved by the City Attorney and that the Change Order be filed in the City Clerk s Office RESOLUTION # RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR MUNICIPAL COURT INTERPRETER SPANISH/ENGLISH MONDAY THROUGH FRIDAY MORNINGS AND AFTERNOONS PASSAIC, NEW JERSEY WHEREAS, on May 10, 2016 the City Council of the City of Passaic adopted Resolution # (attached) approving a contract with Minerva Perez for Municipal Court Interpreter Spanish/English Monday through Friday Mornings and Afternoons in an amount not to exceed $25,000.00; and WHEREAS, it is necessary to increase the contract amount by an additional $1, for a revised total amount of $26,416.00, due to additional court sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Minerva Perez for Municipal Court Interpreter Spanish/English Monday through Friday Mornings and Afternoons shall be amended 12

13 to increase the contract amount to $26, BE IT FURTHER RESOLVED that the contract be amended to increase the total amount of this contract per resolution. CERTIFICATION OF FUNDS Funds are available in Account # RESOLUTION # RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR COMMUNITY DEVELOPMENT ATTORNEY WHEREAS, on May 24, 2016 the City Council of the City of Passaic adopted Resolution # (attached) approving a contract with Joseph G. Monaghan, Esq. for Community Development Attorney in an amount not to exceed $17,500.00; and WHEREAS, it is necessary to increase the contract amount by an additional $2, for a revised total amount of $19,774.16, due to additional depositions and closings. NOW, THEREFORE, BE IT RESOLVED that the contract with Joseph Monaghan, Esq., for Community Development Attorney shall be amended to increase the contract amount to $19, BE IT FURTHER RESOLVED that the contract be amended to increase the total amount of this contract per resolution. CERTIFICATION OF FUNDS Funds are available in Home Account #H HP RESOLUTION NO RESOLUTION AUTHORIZING THE, POLICE DEPARTMENT TO ENTER INTO AN AGREEEMENT FOR MAINTENANCE OF DISPATCHING SYSTEM SOFTWARE, GIS MAPPING, 911 HARDWARE AND AVI SOFTWARE (TRACKER IN EA. VEHICLE) WHEREAS, the City of Passaic, Police Department wishes to enter into an agreement with SHI International Corp., Somerset, NJ for Maintenance of Dispatching System Software, GIS Mapping, 911 Hardware and AVI Software (Tracker in ea. Vehicle) State Contract #A-89851; and WHEREAS, Local Public Contracts Law 40A:11-2 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and 13

14 WHEREAS, the cost for the Maintenance Agreement is $ 30, for the period April 14, 2017 through April 13, WHEREAS, it is the recommendation of Louis Guzman, Police Chief, that the agreement be entered into with SHI International Corp. in the amount of $30, for the period April 14, 2017 through April 13, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Maintenance of Dispatching System Software, GIS Mapping, 911 Hardware and AVI Software (Tracker in ea. Vehicle) be awarded to SHI International Corp. in the amount of $ 30, BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # RESOLUTION # RESOLUTION AUTHORIZING COMPETITIVE CONTRACTING FOR INSTALLATION, MAINTENANCE AND MANAGEMENT PARKING METERS WHEREAS, the Local Public Contracts Law has been amended to create an exception to public bidding known as Competitive Contracting; and WHEREAS, N.J.S.A. 40A:11-4.1(k) requires that in order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized goods and services enumerated in N.J.S.A. 40A are desired to be contracted; and WHEREAS, N.J.S.A.40A11-4-3(b) requires that the competitive contracting process shall be administered by a purchasing agent qualified pursuant to N.J.S.A.40A:11-9 (Qualified Purchasing Agent), or by legal counsel of the contracting unit, or by an administrator of the contracting unit. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Director of Purchasing is hereby authorized to initiate competitive contracting for the Installation, Maintenance and Management of Parking Meters

15 RESOLUTION NO RESOLUTION APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE PASSAIC 2017 VARIOUS ROAD IMPROVEMENT PROJECT. NOW, THEREFORE, BE IT RESOLVED that the Council of Passaic City formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2017-Passaic 2017 Various Road Improvemen to the New Jersey Department of Transportation on behalf of the City of Passaic. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Passaic City and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement RESOLUTION NO RESOLUTION APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE PASSAIC SAFE STREETS INITIATIVE PROJECT. NOW, THEREFORE, BE IT RESOLVED that the Council of Passaic City formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as SST-2017-Passaic Safe Streets Initiative to the New Jersey Department of Transportation on behalf of the City of Passaic. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Passaic City and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement

16 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR MCDANOLD BROOK FLOOD CONTROL PROJECT PHASE 3 WHEREAS, bids were received by the Director of Purchasing on Tuesday, December 13, 2016 for McDanold Brook Flood Control Project Phase 3 & 4; and WHEREAS, bids were received as per the attached; and WHEREAS, due to funding limitations, the City of Passaic has decided to award only Phase 3 at this time; and 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 $ 946, for Phase 3. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for McDanold Brook Flood Control Project Phase 3 be awarded to CMS Construction, Inc. of Plainfield, NJ in the amount of $ 946, for Phase 3. 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 - $ 297, and Green Acres Account #G GA MB- $ 648, RESOLUTION NO WHEREAS, certain bills have been presented for payment for Transition year 2016 charges for which there are insufficient budget reserves to pay, and WHEREAS, N.J.S.A. 40A:4-59 permits transfers of appropriation reserves within the first three months of the succeeding year to cover said charges, NOW, THEREFORE BE IT RESOLVED that the following TY2016 Budget Appropriation Reserve transfers be authorized; DEPARTMENT FROM TO Streets & Roads S&W 20,

17 Police OE 5, Tax Collector OE Fire OE 4, Telephone OE 10, TOTAL 20, , RESOLUTION # RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR EXECUTIVE DIRECTOR WHEREAS, City of Passaic and Downtown Merchants Corporation ( DMC ) wish to enter into the attached Shared Service Agreement pursuant to N.J.S.A. 40A:65-1, et seq.; and WHEREAS, under the attached Shared Service Agreement, the City will furnish its Redevelopment Assistant, Wilfredo Baez, to the DMC to serve as Executive for thirty five (35) hours per week for the period of January 1, 2017 through December 31, 2017; and WHEREAS, the DMC will pay the City of Passaic $50,619.00, pro-rated, in exchange for such services. 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 the Downtown Merchants Corporation for furnishing of its Redevelopment Assistant, Wilfredo Baez, to the Downtown Merchants Corporation to serve as Executive Director for the period of January 1, 2017 through December 31, 2017 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 Downtown Merchants Corporation 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:

18 RESOLUTION# RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a judgment from a rendered decision for the below listed properties; and WHEREAS, the hereafter mentioned properties based on a judgment from the Tax Court of New Jersey have overpaid their taxes; and; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s) as provided by the judgment attached hereto; Block Lot Qual. Name Year Amount Schneck Law Group 2016 $5, For Dina Jordan Spiotti Esposito 2014 $ For Profita D Schneck Law Group 2016 $8, Park Pl Schneck Law Group 2016 $9, Kelgar LLC Schneck Law Group 2016 $5, Broadway & Paulison LLC Schneck Law Group 2016 $6, Paulison Ave LLC Schneck Law Group 2016 $8, Joseph Taylor & Sons INC Day Pitney LLP 2013 $135, Passaic Industrial Center Schneck Law Group 2016 $5, Kozlowska, Joanna AYES: Garcia, Love, Melo, Schwartz, Council President Schaer THE FOLLOWING RESOLUTION WAS VOTED ON BY ONE MOTION On a motion by Councilman Garcia and seconded by Councilwoman Melo the following RESOLUTION WAS OFFERED FOR ADOPTION RESOLUTION # RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT WITH PASSAIC BOARD OF EDUCATION FOR RESURFACING OF LAFAYETTE AVENUE, PASSAIC, NJ (LINCOLN MIDDLE SCHOOL CUL DE SAC) WHEREAS, City of Passaic is desirous of undertaking certain 18

19 improvements to and resurfacing of Lafayette Avenue at the intersection of Broadway and otherwise known as the Lincoln Middle School Cul De Sac in the City of Passaic; and WHEREAS, City of Passaic and Passaic Board of Education wish to enter into a Shared Services Agreement for certain improvements to and rehabilitation of the Lincoln Middle School Cul De Sac pursuant to N.J.S.A. 40A:65-1, et seq.; and WHEREAS, under such Shared Service Agreement, City of Passaic will procure all services necessary for certain improvements to and resurfacing of the Lincoln Middle School Cul De Sac; and WHEREAS, under such Shared Service Agreement, Passaic Board of Education, in accordance with N.J.S.A. 18A:20-22, will pay the City of Passaic an amount not to exceed $28, to offset the cost of the construction of the project; and WHEREAS, under such Shared Service Agreement, payment of the amount due and owing to City of Passaic, which shall not exceed $28,000.00, will be made after certification of the project s completion is provided to Passaic Board of Education; and WHEREAS, under the Shared Service Agreement, the City of Passaic hereby agrees to complete construction within the school year; and WHEREAS, under such Shared Service Agreement, the City of Passaic agrees to indemnify and hold harmless Passaic Board of Education from any and all claims arising out of certain improvements to and resurfacing of the Lincoln Middle School Cul De Sac in the City of Passaic; and WHEREAS, the Passaic Board of Education has already adopted a Resolution authorizing this Shared Service Agreement. 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 a Shared Services Agreement with Passaic Board of Education for certain improvements to and resurfacing of Lafayette Avenue at the intersection of Broadway and otherwise known as the Lincoln Middle School Cul De Sac in the City of Passaic 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 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: Melo, Schwartz, Garcia CP, Schaer 19

20 ABSTAIN: Love Council President Schaer read said Ordinance by title. City of Passaic ORDINANCE NO AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE PLANNING BOARD OF THE REGARDING A PROPOSED AMENDMENT TO SCATTERED SITE REDEVELOPMENT PLAN FOR PROPERTY DESIGNATED ON THE OFFICIAL TAX MAP OF THE AS BLOCK 3254 LOT 37 (PENNINGTON AVENUE PROPERTIES/FORMER ST. MARY S HOSPITAL PROPERTIES) WHEREAS, the City of Passaic declared eleven (11) redevelopment areas, including real property designated as Block 3254, Lot 37 on the official tax map of the City of Passaic and more commonly known as Pennington Avenue Properties/Former St Mary s Hospital Properties, as an area in need of redevelopment or an area in need of rehabilitation pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A 1 et seq, as amended and supplemented, (hereinafter referred to as the Redevelopment Law ); and WHEREAS, the City of Passaic adopted a Scattered Site Redevelopment Plan, City of Passaic, New Jersey, dated February 2, 2004, which includes the Pennington Avenue Properties/Former St Mary s Hospital Properties; and WHEREAS, the designated Redeveloper for the Pennington Avenue Properties/Former St. Mary s Hospital Properties wishes to amend the Scattered Site Redevelopment Plan increase the number of residential units proposed to be constructed on that site from one hundred and eighteen (118) to one hundred and forty seven (147) units; and WHEREAS, City Council of the City of Passaic adopted a Resolution on November referring the proposed amendment from one hundred and eighteen (118) units to one hundred and forty seven (147) units to the City s Planning Board for a recommendation; and WHEREAS, the Planning Board, at its meeting on November 23, 2015, voted to recommend the proposed amendment and refer the matter back to the City Council for consideration of an Ordinance to formally adopt the proposed amendment from one hundred and eighteen (118) units to one hundred and forty seven (147) units pursuant to N.J.S.A. 40A:12A- 7(7)(e); and WHEREAS, the Governing Body has reviewed the said report of recommendation transmitted by the Planning Board and hereby approves of same as so transmitted. NOW THEREFORE, BE IT ORDANED, by the City Council of the City of Passaic that the attached amendment to the Scattered Site Redevelopment Plan from one hundred and eighteen (118) units to one hundred and forty seven (147) units is hereby approved and accepted as set forth therein; and BE IT FURTHER ORDAINED that 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; and BE IT FURTHER ORDAINED that all ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency; and BE IT FURTHER ORDAINED that this ordinance shall take effect upon publication as provided by law. Councilman Garcia moved the Ordinance be approved on first reading. Motion was seconded by Councilman Schwartz the public 20

21 hearing be held on February 7, AYES: Love, Melo, Schwartz, Garcia CP, Schaer Council President Schaer read said Ordinance by title. ORDINANCE NO ORDINANCE AMENDING CITY CODE OF THE, CHAPTER 295, VEHICLES AND TRAFFIC, ARTICLE XII, SCHEDULES, SECTION 20.1 SCHEDULE IIA: OFFICIAL PARKING 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 II, Parking, Standing and Stopping, Section 5, Parking Prohibited During Certain Hours, provides that No person shall park a vehicle, unless it is an "official" government vehicle, between the hours specified in Schedule IIA ( A) of any day upon any of the streets or parts of streets described in said Schedule IIA attached to and made a part of this chapter; and WHEREAS, the Division of Engineering and Traffic Division of the Police Department have recommended, in the interest of public safety, that the City Code of the City of Passaic, Chapter 295, Vehicles and Traffic, Article XII, Schedules, to amended to create Section 20.1, Schedule IIA: Official Parking which shall designate those areas whereat parking shall be limited to official government vehicles during certain hours. 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: Schedule IIA: Official Parking. SECTION I ALL ADDITIONS ARE NOTED THERE ARE NO DELETIONS In accordance with the provisions of 295-5A, only official government vehicles shall be permitted to park between the hours specified upon any of the following streets or parts of street. NAME OF STREET SIDE HOURS/DAY LOCATION 135 Summer Street South 7:00am to 5:00pm Monday to Friday Beginning at a point 166 feet west of the westerly curbline of Main Avenue and extending to a point 20 feet westerly 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. 21

22 SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Councilman Love moved the Ordinance be approved on first reading. Motion was seconded by Councilman Garcia the public hearing be held on February 7, AYES: Love, Melo, Schwartz, Garcia CP, Schaer SCHEDULE A HEARING On a motion by Councilman Love and seconded by Councilman Garcia The following application was scheduled for February 21, 2017 Azucena Flores, Kitchen & Granite Depot, 150 Passaic Street requesting to have a loading zone installed in front of their Establishment AYES: Love, Melo, Schwartz, Garcia CP, Schaer PAYMENT OF BILLS On a motion by Councilwoman Melo and seconded by Councilman Love The PAYMENT OF BILLS were accepted and approved AYES: Love, Melo, Schwartz, Garcia CP, Schaer There being no further business to come before the Council on a motion by Councilwoman Melo and seconded by Councilwoman Schwartz the meeting was adjourned. ATTEST: APPROVED: Amada D. Curling, City Clerk President Gary S. Schaer, Council 22