a work-session was held on tuesday …3c98596c-c765-4fbd-89c6...jenny rivera, 560 summit avenue,...

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October 20, 2016 Minutes 1 A WORK-SESSION WAS HELD ON TUESDAY OCTOBER 20, 2016 AT 5:40 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 OCTOBER 20, 2016 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. ROLL CALL: PRESENT: Garcia, Love, Polanco, Schwartz, ABSENT: Munk, Melo Council President Schaer ALSO PRESENT: Rick Fernandez, Business Administrator; Christopher Harriott, City Counsel, Eric Bernstein and Phil George from Eric M. Bernstein & Associates, LLC Councilman Love on the chair Councilman Love continued work session with an informal review and discussion regarding agenda items. With the consensus of the council members, the following item was discussed and added to the agenda ITEM 37B AMENDED RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH 220 PASSAIC ST. ASSOCIATES CORP FOR PAVING AND IMPROVEMENT OF A PORTION OF BLOCK 1038 LOT 2 AND 5 PASSAIC NJ. The following ordinance was discussed and with the consensus of the council members to be tabled until November 1 st , 2016 council meeting. Council President Schaer walked into the work-session meeting. At this point the Council requested the presence of the city engineer at the November 1 st , 2016 work-session meeting to clarify item 38 ORDINANCE PROHIBITED PARKING AT ALL TIMES AT VARIOUS LOCATIONS. Ricardo Fernandez presented to Council the Best Practice Report for their review and discussion. 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. 16-10-276 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OFTHE CITY COUNCIL OF THE CITY OF PASSAIC ON SEPTEMBER 6, 2016 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS RE: Motion to go into Executive Session to discuss matters of litigation (Rastatter v. COP), personnel (Ortiz Involuntary Retirement and Capuana Retirement) and matters of attorney-client communication (Director of DPW Investigation). WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and

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October 20, 2016 Minutes

1

A WORK-SESSION WAS HELD ON TUESDAY OCTOBER 20, 2016 AT 5:40 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 OCTOBER 20, 2016 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. ROLL CALL: PRESENT: Garcia, Love, Polanco, Schwartz, ABSENT: Munk, Melo Council President Schaer ALSO PRESENT: Rick Fernandez, Business Administrator; Christopher Harriott, City Counsel, Eric Bernstein and Phil George from Eric M. Bernstein & Associates, LLC Councilman Love on the chair Councilman Love continued work session with an informal review and discussion regarding agenda items. With the consensus of the council members, the following item was discussed and added to the agenda ITEM 37B AMENDED RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH 220 PASSAIC ST. ASSOCIATES CORP FOR PAVING AND IMPROVEMENT OF A PORTION OF BLOCK 1038 LOT 2 AND 5 PASSAIC NJ. The following ordinance was discussed and with the consensus of the council members to be tabled until November 1st, 2016 council meeting. Council President Schaer walked into the work-session meeting. At this point the Council requested the presence of the city engineer at the November 1st, 2016 work-session meeting to clarify item 38 ORDINANCE PROHIBITED PARKING AT ALL TIMES AT VARIOUS LOCATIONS. Ricardo Fernandez presented to Council the Best Practice Report for their review and discussion. 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. 16-10-276 RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OFTHE CITY COUNCIL OF THE CITY OF PASSAIC ON SEPTEMBER 6, 2016 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS

RE: Motion to go into Executive Session to discuss matters of litigation (Rastatter v. COP), personnel (Ortiz Involuntary Retirement and Capuana Retirement) and matters of attorney-client communication

(Director of DPW Investigation). WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and

October 20, 2016 Minutes

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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. 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 ROLL CALL: PRESENT: Garcia, Love, Polanco, Schwartz, Council President Schaer ABSENT: Melo, Munk Upon motion made by Councilman Love and seconded by Councilwoman Polanco, closed executive session was closed and work session was reconvened. ROLL CALL: PRESENT: Garcia, Love, Polanco, Schwartz, Council President Schaer ABSENT: Melo, Munk After brief discussion, upon motion made by Councilman Garcia and seconded by Councilman Love the work session was adjourned 7:00 p.m. ROLL CALL: PRESENT: Garcia, Love, Polanco, Schwartz, Council President Schaer ABSENT: Melo, Munk A REGULAR PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON THURSDAY, OCTOBER 20, 2016 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 APRIL 20, 2016 SETTING FORTH A SCHEDULE OF REGULAR MEETINGS FOR THE TRANSITIONAL YEAR SFY 2016-2017, WHICH WAS PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK PRESENT: Love, Polanco, Schwartz, Council President Schaer ABSENT: Munk, Melo, Garcia ALSO PRESENT: Ricardo Fernandez, Business Administrator; Christopher Harriott, City Counsel. Invocation was rendered by Councilman Love followed by the Pledge of Allegiance

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Council President Schaer advised Council members of addendums: Item No. 11A, 37A, 37B

-------------------- Council Meeting Minutes October 6, 2016 submitted for approval. Upon motion made by Councilwoman Polanco and seconded by Councilman Love the aforementioned meeting minutes were approved. ROLL CALL AYES: Love, Polanco, Schwartz,Garcia, Council president Schaer Absent: Munk, Melo,

--------------------- 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 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.

Jeffrey Dye, 443 Howe Avenue, questioned the elected officials on why there is so much spending on suspended personnel employees and the unfairly suspension of Police Lieutenant Rastatter which should be brought back Jessica Rojas, 97 Phillip Avenue, Elmwood Park, (Lt. Rastatter sister) NJ expressed concerns regarding Police Lieutenant Rastatter personnel matter and urging the Council to bring her back also stated that it has been four years without her employment Rosa Chin Ortiz, 235 Monroe Street, questioned the Council if they had made a decision regarding her daughter Lt. Rastatter’s position Howard, 245 Hope Avenue, expressed concerns regarding regarding the Personnel matters of Lt. Rastatter, also questioned the retirement Of Deputy Police Chief personnel matter and asked how to obtain resolution regarding same. Jenny Rivera, 560 Summit Avenue, Hackensack, NJ - asked for clarification regarding the Administrative Court decision and Process regarding Lt. Rastatter’s personnel matter Jaroslaw Jackiw, 266 Lafayette Avenue, Questioned the Administration The amount of suspended employees pending investigation as of October

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20, 2016? What are the total amounts expending in September 2016? Is there any additional legal expeditor for all suspension cases? Questioned the City Council they approved additional expeditors to the City Budget for all suspension cases in 2016? and can the Administration advice public who is in charge of the PPL Director? Expressed concerns regarding the public request regarding PPL Director? Questioned if the Administration and City Council will consider replacing the current Board of Trustees with proactive citizens living within the City of Passaic Diana Walwick, expressed her concerns regarding the civil service ruling in regards to Lt. Rastatter’s personnel matter. Commented on The Public Safety Director suspension procedure in which it was handled Joe Conoscenti, 170 Broadway, Asked for an update regarding last meeting’s photos. Expressed concerns regarding threstle lighting on both sides outside City Hall premises. Expressed concerns regarding Christopher Columbus Park, 37 Howe building, Garden Street, Public School No. 6 building graffiti issue and what was the meaning of this graffiti,expressed concerns regarding the increased of gang members that which is getting out of control Odalys Rasttater, 32 Greenwood Avenue, Clifton, NJ, addressed the Council and Administration regarding her personnel matter status And read an article from religious scripture. Steve Siklosi, 23 Orchard Street, Questioned why Mayor was not present at meeting and when will he be attending any meetings? Asked for an explanation. Questioned Item No. 15 stated that it similar to Item No. 34, asked for an explanation, Item No. 17 asked if the cost was for investigation, why is he leaving? What does it entail in dollar amount? Item No. 26 – Was this included prior to the change of fiscal to calendar year? What is the catch? Item No. 36 – asked for an explanation and the cost to tax payers? Item No. 38 - why were these locations selected? There is a big problem with parking? How many parking spots we giving away? After ample opportunity given and no one else responding on motion by Councilman Love and seconded by Councilwoman Polanco the public portion of the meeting was closed. ROLL CALL AYES: Love, Polanco, Schwartz,Garcia, Council president Schaer Absent: Munk, Melo,

-------------------- Council President Schaer called up for the second and final reading Ordinance entitled:

ORDINANCE NO. 2076-16

ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 39, “POLICE DEPARTMENT,” ARTICLE VIII, “OFF-DUTY POLICE SERVICES,” SECTION 17,

“AMINISTRATIVE FEES AND SERVICES” TO ADD ADMINISTRATIVE FEE FOR USE OF POLICE VEHICLES

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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: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo, Council President called up for a motion to Table the Ordinance to November 1, 2016 On a motion by Councilman Love and seconded by Councilwoman Polanco the ORDINANCE WAS TABLED to November 1, 2016 ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo,

Council President Schaer called up for the second and final reading Ordinance entitled:

ORDINANCE NO# 2077-16

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 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: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo Steve Siklosi,23 Orchard Street, questioned which ones? After ample opportunity given and no one else responding on a motion by Councilman Love and seconded by Councilwoman Polanco public hearing on said ordinance was closed.

ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

Councilwoman Polanco moved the ordinance be adopted on second reading and final passage which motion was seconded by Councilman Love and adopted upon a call of the roll

ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

--------------------

Council President Schaer called up for the second and final reading Ordinance entitled:

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ORDINANCE NO. 2078-16

ORDINANCE OF THE CITY OF PASSAIC TO ACQUIRE A PERMANENT EASEMENT OVER A PORTION OF PROPERTY DESIGNATED AS BLOCK 2185 LOT 66 ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF

RETAINING WALL

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: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo Steve Siklosi, 23 Orchard Street Questioned what is the cost for easement? Will this ordinance cover everything? After ample opportunity given and no one else responding on a motion by Councilman Love and seconded by Councilwoman Polanco public hearing on said ordinance was closed. ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

Councilman Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Councilwoman Polanco and adopted upon a call of the roll ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

COMMUNICATIONS AND PETITIONS THE FOLLOWING ITEMS VOTED ON BY ONE MOTION On motion made by Councilwoman Polanco and seconded by Councilman Love the following item(s) were received approval granted and placed on file: Ricardo Fernandez, Business Administrator submitting a copy of CY 2016/SFY 2017 Best Practice Inventory Worksheet for discussion prior to filing with the Division of Local Government Services.

Amada D. Curling, City Clerk, submitting request for refund to Hermanos, LLC for a cash bond in the amount of $5,000.00for their Carnival Circus held November 2015.

John Miskovsky, Construction Official, submitting request for a refund to Elliot Samet, in the amount of $116.00 for permit no. 2016-1113.

Don Jose Party Rental, 75 Lexington Avenue, submitting application to renew their Entertainment License for the year 2017.

The Salvation Army, 550 Main Avenue, submitting application to hold a Rummage Sale, inside their establishment on October 29, 2016 from 9:00 a.m. to 4:00 p.m. (Contingent Upon Departmental Approvals)

Church of Holy Trinity, 226 Harrison Street, submitting the following applications:

Procession on December 10, 2016 from 11:30 p.m. to 1:30 p.m. The Procession will assembly in front of Passaic City Hall and travel to Main Avenue to Monroe Street to Vreeland Avenue to Madison Street ending at Holy Trinity Church 209 Hope Avenue and December 11, 2016 from 2:30 p.m. to 3:30 p.m. The Procession will assembly in front of Holy Trinity Church, 209 Hope Avenue travel to Monroe Street to Paulison Avenue to

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Broadway to Van Houten Avenue to Passaic Avenue ending on Allwood Road. Procession on December 11, 2016 from 11:30 a.m. to 1:30 p.m. The Procession will commence in front of the church travel to Hope Avenue to Madison Street to Vreeland Avenue to Monroe Street to Lexington Avenue to Highland Avenue ending on Hope Avenue in front of the church. (Contingent Upon Departmental Approvals)

Our Lady of Mt. Carmel Church, 10 St. Francis Way, submitting application to hold a Flea Market in their private parking lot on October 29 and 30, 2016 from 9:00 a.m. to 4:00 p.m. (Contingent Upon Departmental Approvals)

Omar D. Almeida, Fancy Fish, 32 Central Avenue, submitting request to adjourn their loading zone hearing scheduled for October 20, 2016. THE FOLLOWING ITEM WAS ADDED ON TO THE AGENDA Mt. Pilgrim Missionary, 163 Autumn Street, submitting application to hold a Breast Cancer Walk on October 23, 2016 from 10:00 a.m. to 10:30 a.m. The walk will start from163 Autumn Street, to Central Avenue, right to Main Avenue to Summer Street, right onto Central Avenue, left onto Autumn Street ending at 163 Autumn Street (church) Contingent Upon Departmental Approvals)

ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo 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 ITEM WERE VOTED ON BY ONE MOTION On a motion by Councilman Love and seconded by Councilwoman Polanco the following items were received And placed on file Public entity Joint Insurance Fund, submitting notice of their October 25, 2016 meeting.

North Jersey Water Supply Commission, submitting for following:

Minutes of their August 24, 2016 meeting.

Borough of Haledon, submitting the following: Resolution No. 2016-177 entitled “Oppose Fairness Formula and Support SCR-119”. Support of Governor Christie’s Fairness Formula for School Funding and Property Tax

Equity

U.S. Department of Justice, Office of Justice Programs/Bureau of Justice Assistance, submitting correspondence re: FY 16 Edward Memorial Justice Grant (JAG) Program- Local Solicitation in the amount of $225,070 for the City of Passaic. ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo ------------------- RESOLUTIONS THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON OCTOBER 20, 2016 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS

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THE FOLLOWING RESOLUTIONS WERE VOTED ON BY ONE MOTION On a motion by Councilwoman Polanco and seconded by Councilman Schwartz the following RESOLUTIONS WERE OFFERED FOR ADOPTION

CITY OF PASSAIC RESOLUTION NO. 16-10-277

RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO SEPARATION

AGREEMENT WITH ROSARIO CAPUANA

WHEREAS, Rosario Capuana is currently the Deputy Chief of Police and

has been serving as the Senior Officer in Charge of the Police Department in the City of Passaic, and

WHEREAS, the City of Passaic wishes to enter into the attached Agreement with Rosario Capuana in order to allow him to separate from his employment with the City of Passaic Police Department; and

WHEREAS, such separation will be effective as of October 17, 2016

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Passaic is hereby authorized to enter into the attached Separation Agreement with Rosario Capuana; and

BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the attached Agreement on behalf of the City of Passaic and take any and all other steps necessary to effectuate same.

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RESOLUTION NO. 16-10-278

RESOLUTION REGARDING THE TOTAL AND PERMANENT DISABILITY OF PASSAIC POLICE DEPARTMENT PATROLMAN ALEXIS ORTIZ

WHEREAS, Passaic Police Department Alexis Ortiz has suffered from a serious and on-going condition which is physical and psychiatric in nature which manifested in or about January 2016; and, WHEREAS, as a result of that condition, Passaic Police Department Patrolman Alexis Ortiz has been unable to return to full duty; and, WHEREAS. the City has medical reports from at least two (2) sources stating that Passaic Police Department Patrolman Alexis Ortiz will be permanently restricted in his physical and other activities, which restrictions will permanently preclude Alexis Ortiz from returning to full duty; and, WHEREAS, the City is of the opinion that Passaic Police Department Patrolman Alexis Ortiz is totally and permanently disabled from fulfilling his job duties as a Patrolman for the City of Passaic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, County of Passaic, State of New Jersey that the City Business Administrator be and is hereby authorized to pursue an involuntary disability retirement application on behalf of the City of Passaic for Passaic Police Department Patrolman Alexis Ortiz

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RESOLUTION # 16-10-279

RESOLUTION AUTHORIZING LICENSE AGREEMENT FOR USE OF

PASSIAC INDUSTRIAL CENTER, 90 DAYTON AVENUE, PASSAIC, NEW JERSEY FOR FIRE DEPARTMENT TRAINING

WHEREAS, Passaic Industrial Center Associates owns and operates the building complex known as the Passaic Industrial Center, located at 90 Dayton Avenue, Passaic, New Jersey 07055 (“Building Complex”); and WHEREAS, The City of Passaic seeks space to conduct training for the City of Passaic Fire Department; and WHEREAS, Passaic Industrial Center Associates has agreed to grant the City of Passaic the right to use certain areas of the Building Complex to conduct training for the Passaic Fire Department free of cost to the City of Passaic subject to the terms and conditions of the Hold Harmless Agreement attached hereto; and WHEREAS, the Hold Harmless Agreement has been reviewed by and approved by the City Attorney.

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 License Agreement with Passaic Industrial Center Associates for the use of the Building Complex during the period of through, subject to the terms and conditions therein. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the agreement and any other documents necessary to effectuate the purpose of this Resolution.

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RESOLUTION NO. 16-10-280

PUT THE BRAKES ON FATALITIES DAY® OCTOBER 10, 2016

October 10, 2016, has been declared Put the Brakes on Fatalities Day® by theCity Council of the City of Passaic New Jersey; Whereas, Across the nation, traffic crashes caused 35,092 fatalities in 2015, and are the leading cause of death for young people ages 15 to 34; and, Whereas, In New Jersey, 562 individuals lost their lives in traffic crashes in 2015; and, Whereas, Alcohol-related crashes accounted for 280 percent of the State’s t r a f f i c fatalities, while 26 percent of all fatal crashes involved traveling at unsafe speeds; and, Whereas, Motorcyclists, bicycle riders and pedestrians face increased risks on New Jersey's roadways, as people opt for alternative modes of transportation; and, Whereas, 50 motorcyclists, 17 bicyclists and 173 pedestrians were killed in New Jersey in traffic-related crashes in 2015; and,

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Whereas, Safer driving behaviors such as buckling up, every ride; obeying posted speed limits; stopping for pedestrians in crosswalks and using crosswalks when walking; avoiding aggressive driving behaviors; never driving impaired; wearing proper safety gear while riding a motorcycle or bicycle; and, focusing solely on driving by avoiding distractions, can dramatically reduce the number of traffic-related injuries and deaths; Now, therefore, I Alex Blanco, Mayor of the City of Passaic New Jersey, do hereby proclaim October 10, 2016, Put the Brakes on Fatalities Day®, and call upon everyone to put these lifesaving behaviors into practice to improve safety on the roadways in our community and throughout the State.

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RESOLUTION#16-10-281

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

1290 1 McKirdy & Riskin atty for 2014 $3,196.62 Verona Properties 2015 $5,149.64 1001 4 Stavitsky & Assoc atty for 2012 $1,421.40 88 4th St Real Estate 2013 $1,462.60 2152 28.01 Stavitsky & Assoc atty for 2009 $3,051.50 IB Import 2010 $3,423.50 2011 $6,891.00 2012 $7,107.00 4118 1 Archer & Greiner atty for 2013 $9,038.86 Burger Metro 2014 $9,188.42 3302 27 Lutz Law Group atty for 2015 $1,135.95 Bobker, D&S 3311.01 21 Lutz Law Group atty for 2015 $1,514.59 Shulman, T&A 1262.03 13 Lutz Law Group atty for 2015 $757.29 Flores, J&M 2194 5 Lutz Law Group atty for 2015 $1,893.25 Pagano, M&A 1290.01 14 Lutz Law Group atty for 2015 $2,271.90 Compart, K&L 3231 23 Lutz Law Group atty for 2015 $4,952.75 Mezei, B&A

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City of Passaic Resolution No. 16-10-282

RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS

WHEREAS, the below mentioned tax payers have over paid their taxes and a refund is due to them; 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); BLOCK LOT QUAL. NAME YEAR AMOUNT 1290 19 Hector Figuero 2016 $1,000.00 77 Van Houten Ave 3282 84 Wells Fargo mtg for 2016 $8,861.92 Olga Alonzo

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RESOLUTION # 16-10-283

RESOLUTION AWARDING CONTRACT FOR THREE (3) MUNICIPAL COURT PUBLIC DEFENDERS

CITY OF PASSAIC

WHEREAS, proposals were received by the Director of Purchasing on Wednesday, October 5, 2016 for Three (3) Municipal Court Public Defenders; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received from the attached list of vendors: WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Deltek Herndon, VA WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Municipal Court Public Defenders, be awarded to Salvatore Bellomo, Totowa, NJ, Michael Maher, Hackensack, NJ and Daniel Santiago, Clifton, NJ in the amount of $150.00/session with a total amount not to exceed $ 75,000.00 inclusive of all three public defenders for the period January 1, 2017 through December 31, 2017; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Public Defenders be awarded to Salvatore Bellomo, Totowa, NJ, Michael Maher, Hackensack, NJ and Daniel Santiago, Clifton, NJ in the amount of $150.00/session with a total amount not to exceed $ 75,000.00 inclusive of all three public defenders for the period January 1, 2017 through December 31, 2017; and

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BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney.

CERTIFICATION OF FUNDS

Funds for the above are available contingent upon CY 17 Budget being approved by the Governing Body, Acct. #7-01-43-495-000-028.

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RESOLUTION # 16-10-284

RESOLUTION AWARDING CONTRACT FOR COUNSEL FOR ENFORCEMENT AND

COLLECTION OF FORFEITED BAIL BONDS – LEGAL

WHEREAS, proposals were received by the Director of Purchasing on Friday, September 30, 2016 for Counsel For Enforcement and Collection of Forfeited Bail Bonds – Legal; 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, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Net Gain Marketing Lineberger Goggan, Blair & Sampson Kevin Jones Wilmington, NC Austin, TX Mt. Laurel, NJ Fairway Capital Recovery Cincinnati, OH WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Counsel for Enforcement and Collection of Forfeited Bail Bonds-Legal be awarded to Christopher J. Kane, Esq., of Hackensack, NJ on a contingency basis of 20% of the amount collected; and WHEREAS, Christopher J. Kane, Esq. will not receive any fee unless he collects money for the City of Passaic. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Counsel for Enforcement and Collection of Forfeited Bail Bonds-Legal be awarded to Christopher J. Kane Esq., of Hackensack, NJ on a contingency basis of 20% of the amount collected. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by legal counsel.

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Resolution No. 16-10-285

RESOLUTION AWARDING CONTRACT FOR REPLACEMENT SANITARY SEWER MANHOLE

HARRISON STREET PASSAIC, NJ

WHEREAS, proposals were received by the Director of Purchasing on Wednesday, October 12, 2016 for Replacement of Sanitary Sewer Manhole – Harrison Street, Passaic, NJ; and

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WHEREAS, proposals 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 proposals; and Construction Journal

Stuart, FL WHEREAS, John Garcia of Clifton, NJ was the lowest, responsible, responsive bidder in the amount of $ 15,501.08; and WHEREAS, it is the recommendation of Olga Garcia, City Engineer, that the proposal received from John Garcia, Clifton, NJ be awarded a contract in the amount of $ 15,501.08. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal received on Wednesday, October 12, 2016 for Replacement Sanitary Sewer Manhole-Harrison Street, Passaic, NJ be awarded to John Garcia in the amount of $ 15,501.08. 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 CDBG 16 Acct. #B-12-41-BG5-932-9RD.

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RESOLUTION # 16-10-286

RESOLUTION AWARDING CONTRACT FOR GENERAL LEGAL COUNSEL

CITY OF PASSAIC

WHEREAS, proposals were received by the Director of Purchasing on Friday, September 30, 2016 for General Legal Counsel; 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 list of vendors: WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals. Seven Outsource Daniel Santiago Meisner & Susser Newark, DE Clifton, NJ Florham Park, NJ WHEREAS, it is the recommendation of the Evaluation Committee that the contract for General Legal Counsel be awarded to Florio & Kenny, of Hoboken, NJ in the amount of $ 125.00/hour in an amount not to exceed $ 350,000.00 for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for General Legal Counsel be awarded to Florio & Kenny, of Hoboken, NJ in the amount of $125.00/hour in an amount not to exceed $ 350,000.00 for the period January 1, 2017 through December 31, 2017.

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BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by Corporation Counsel.

CERTIFICATION OF FUNDS

Contingent upon funds being approved by the governing body for the above will be available in Account CY#7-01-20-155-000-122.

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RESOLUTION #16-10-287

RESOLUTION AWARDING CONTRACT FOR PHYSICIAN SERVICES FOR SUBSTANCE

ABUSE TREATMENT PROGRAM

WHEREAS, proposals were received by the Director of Purchasing on Tuesday, October 11, 2016 for Physician Services for Substance Abuse Treatment Program; 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, a proposal was received from the attached vendor: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic's website as follows: Deltek Herndon, VA WHEREAS, it is the recommendation of Tom Fischetti, Program Coordinator Drug Alcohol Abuse that Azra Mansoor, MD of Fort Lee, NJ be awarded the contract for Physician Services for Substance Abuse Treatment Program in the amount of $95.00/hour not to exceed $15,000.00 for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that a contract for Physician Services for Substance Abuse Treatment Program be awarded to Azra Mansoor, of Fort Lee, NJ in the amount of $95.00/hour not to exceed $15,000.00 for the period of January 1, 2017 through December 31, 2017. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute a contract for the above services on a form prepared by the City Attorney.

CERTIFICATION OF FUNDS

Funds for the above are available in Public Health Substance Abuse, Account #T-03-56-330-3SU-DC5.

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CITY OF PASSAIC

RESOLUTION # 16-10-288

RESOLUTION AWARDING CONTRACT FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH

EVENINGS

WHEREAS, proposals were received by the Director of Purchasing on Friday, September 30, 2016 for Municipal Court Interpreter, Spanish/English, evenings; 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: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Language Line Services, Monterey,CA WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Municipal Court Interpreter Spanish/English – Evening Sessions be awarded to Minerva Perez, of Clifton, NJ in the amount of $157.00 per session, for a total contract amount not to exceed $26,000.00 for the time period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Interpreter Spanish/English – Evening Sessions be awarded to Minerva Perez, of Clifton, in the amount of $157.00 per session, for a total contract amount not to exceed $26,000.00 for the time period January 1, 2017 through December 31, 2017. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by City Attorney.

CERTIFICATION OF FUNDS

Funds for the above are available contingent upon CY 17 Budget being approved by the Governing Body -Municipal Court, Acct. #7-01-43-490-000-029.

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CITY OF PASSAIC RESOLUTION # 16-10-289

RESOLUTION AWARDING CONTRACT FOR

MUNICIPAL COURT INTERPRETER SPANISH/ENGLISH

MONDAY THROUGH FRIDAY MORNINGS AND AFTERNOONS

PASSAIC, NJ

WHEREAS, proposals were received by the Director of Purchasing on Friday, September 30, 2016 for Municipal Court Interpreter, Spanish/English, Regular Sessions; 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

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WHEREAS, a proposal was received from the attached vendor: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Language Line Services Monterey, CA WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Municipal Court Interpreter Spanish/English – Regular Sessions be awarded to Minerva Perez, of Clifton, NJ in the amount of $ 137.00 per morning session, and $ 137.00 per afternoon session for a total contract amount not to exceed $ 60,000.00 for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Interpreter Spanish/English- Regular Sessions be awarded to Minerva Perez, of Clifton, NJ in the amount of $ 137.00 per morning session, and $ 137.00 per afternoon session for a total contract amount not to exceed $ 60,000.00 for the period January 1, 2017 through December 31, 2017. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by City Attorney.

CERTIFICATION OF FUNDS Funds for the above are available contingent upon CY 17 Budget being approved by the Governing Body, Municipal Court Acct. #7-01-43-490-000-029.

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CITY OF PASSAIC RESOLUTION #16-10-290

RESOLUTION AWARDING CONTRACT FOR CONSULTANT/CLINICAL SUPERVISOR

FOR SUBSTANCE ABUSE TREATMENT PROGRAM WHEREAS, proposals were received by the Director of Purchasing on Tuesday, September 20, 2016 for Consultant/Clinical Supervisor for Substance Abuse Treatment Program; 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, a proposal was received from the attached vendor: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Deltek Herndon Herndon, FL 20171 WHEREAS, it is the recommendation of the Evaluation Committee that Dianne DeValve of West Caldwell, NJ be awarded the contract for Consultant/Clinical Supervisor For Substance Abuse Treatment Program in the amount of $75.00/hour not to exceed $30,000.00 for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that a contract for Consultant/Clinical Supervisor for Substance Abuse

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Treatment Program be awarded to Dianne DeValve of West Caldwell, NJ in the amount of $75.00/hour not to exceed $30,000.00 for the period January 1, 2017 through December 31, 2017. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute a contract for the above services on a form prepared by City Attorney.

CERTIFICATION OF FUNDS

Contingent upon funds for the above being available in - Acct. # T-03-56-330-3SU-DC5.

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CITY OF PASSAIC RESOLUTION #_16-10-291

RESOLUTION AWARDING CONTRACT FOR

ALCOHOL BEVERAGE CONTROL (ABC) PROSECUTOR CITY OF PASSAIC

WHEREAS, proposals were received by the Director of Purchasing on Thursday, September 29, 2016 for Alcohol Beverage Control (ABC) Prosecutor; 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, a proposal was received from the attached list : WHEREAS, in addition to the attached, proposals were also downloaded from the City of Passaic’s website by the following, none of whom submitted proposals: Deltek, Herndon, VA WHEREAS, it is recommendation of the Evaluation Committee that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to Vincenzo Stampone, of Haledon, NJ in the amount of $ 125/hour with a total contract amount not to exceed $30,000.00 for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to Vincenzo Stampone, of Haledon, NJ in the amount of $ 125.00/hour with a total contract amount not to exceed $30,000.00 for the. period January 1, 2017 through December 31, 2017. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by Corporation Counsel.

CERTIFICATION OF FUNDS

Contingent upon funds being approved by the governing body for the above will be available in Prosecutor O.E. Acct. CY #7-01-25-275-000-029.

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CITY OF PASSAIC

RESOLUTION # 16-10-292

RESOLUTION AWARDING CONTRACT FOR BOND COUNSEL

WHEREAS, proposals were received by the Director of Purchasing on Thursday, September 29, 2016 for Bond Counsel; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, proposals were received from the attached list of vendors: and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website from the following vendors, none of whom submitted proposals: Deltek Herndon, VA WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Bond Counsel be awarded to Hawkins Delafield & Wood, Newark, NJ, in an amount not to exceed $ 30,000 as per their fee schedule for the period January 1, 2017 through December 31, 2017. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Bond Counsel be awarded to Hawkins Delafield & Wood, Newark, NJ in an amount not to exceed $ 30,000.00 for the period January 1, 2017 through December 31, 2017.

BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by Corporation Counsel.

CERTIFICATION OF FUNDS

Contingent upon governing body approval funds will be available in the CY 2017 General and Sewer Capital Appropriations.

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CITY OF PASSAIC

RESOLUTION NO. 16-10-293

Resolution to Amend TY2016 Municipal Budget (N.J.S.A. 40A:4-87) Body Armor Replacement Grant $13,091.18 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item Of appropriation for equal amount;

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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the year TY2016 as follows:

Body Armor Replacement Grant $13,091.18 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: Body Armor Replacement Grant $13,091.18

Account #G-02-40-BAG-T16-000

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CITY OF PASSAIC

RESOLUTION NO. 16-10-294

Resolution to Amend TY 2016 Municipal Budget (N.J.S.A. 40A:4-87) Edward Byrne Memorial Grant $225,070.00 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item Of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the year TY 2016 as follows:

Edward Byrne Memorial Grant $225,070.00 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:

Edward Byrne Memorial Grant $225,070.00 Account #G-02-40-BM6-T16-000

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RESOLUTION # 16-10-295

RESOLUTION HONORING RONNIE ASH

WHEREAS the City of Passaic has the desire to recognize Olympian Ronnie Ash, who was honored at a celebration on Friday, October 7, 2016 at the VFW Hall in Passaic; and WHEREAS, Ronnie Ash, a City of Passaic native, is a track and field athlete specializing in hurdles, who began his track and field career at Passaic High School during his sophomore year participating in the high jump 100m and 200m; and WHEREAS, Ronnie Ash and his family relocated to Raleigh, North Carolina during his senior year, where he was recruited by Coach David Castell of Knightdale High School to join their track team and after doing so, he earned a full scholarship to Bethune Cookman training under Coach Garfield Ellenwood; and

WHEREAS, Ronnie Ash set records in 110 meter hurdles, 300 meter hurdles and high jump during his high school years and captured a bronze medal at the 2008 NACAC Under-23 Championships in Athletics, he won the 2009 NCAA Men’s Indoor Track and Field Championship as well as the NCAA Men’s Outdoor Track and Field Championship; and

WHEREAS Ronnie Ash attended the University of Oklahoma where he defended his indoor championship and finished third outdoors, he also finished third at the 2010 USA Track and Field Championship, and the second time he competed in the 2010 NACAC Under-23 Championships in Athletics he took gold; and

WHEREAS Ronnie Ash has won several other events as well but the one that placed him as an Olympic qualifier was the 2016 U.S. Olympic Team Trials – Track and Field where he won Silver; and

WHEREAS Ronnie Ash went on to represent the United States in the 2016 Summer Olympics at the Olympic Stadium in Rio de Janeiro, Brazil; and

WHEREAS, the City of Passaic is aware of the great skill and determination and the endless time, effort and energy that Ronnie Ash has expended in reaching the skill level of an Olympic athlete. NOW THEREFORE BE IT PROCLAIMED by the City Council of the City of Passaic that it publicly acknowledges and congratulates Ronnie Ash for his outstanding accomplishments and extends its sincere best wishes to him for continued good health and happiness.

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Resolution No. 16-10-296

RESOLUTION APPROVING THE BEST PRACTICES INVENTORY AND AUTHORIZING THE CITY CLERK TO CERTIFY AND SUBMIT SAME TO THE DIVISION OF LOCAL

GOVERNMENT SERVICES WHEREAS, the State’s Fiscal Year 2017 Appropriations Act (P.L. 2016, c.10) requires the Division of Local Government Services (“Division”) to determine whether some portion of a municipality’s Consolidated Municipal Property Tax Relief Aid (“CMPTRA”) and Energy Tax Receipts (“ETR”) paid will be withheld based on the results of a Best Practices Inventory (“Inventory”) to be completed by each municipality; and

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WHEREAS, the Inventory encourages municipalities to embrace practices that promote financial accountability, sound management and transparency; and WHEREAS municipalities operating on a Calendar Year or Transition Fiscal Year (SFY reversions), such as the City of Passaic, must return their completed Inventory to the Division by Friday, October 21, 2016; and WHEREAS, the City of Passaic has completed the Best Practices Inventory as required by the Division; and WHEREAS, the Chief Financial Officer and Business Administrator have certified the Inventory, and the City Council of the City of Passaic has reviewed and discussed same at the City Council Meeting held on October 20, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that it hereby acknowledges the City’s responses to the questions on the Best Practices Worksheet and approve of same; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to certify on the Best Practices Worksheet that the inventory results were discussed publicly and submit same to the Division of Local Government Services; and BE IT FURTHER RESOLVED that inventory results and the certification thereof by the Chief Financial Officer and Business Administrator shall be incorporated in the minutes of said meeting.

-------------------- THE FOLLOWING RESOLUTIONS WERE ADDED ON TO THE AGENDA

CITY OF PASSAIC RESOLUTION # 16-10-297

RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH PASSAIC

PENNINGTON LLC FOR USE OF 211 PENNINGTON AVENUE, PASSAIC, NEW JERSEY

FOR FIRE DEPARTMENT TRAINING WHEREAS, Passaic Pennington LLC owns real property located at 211 Pennington Avenue, Passaic, New Jersey 07055 (“Property”); and WHEREAS, the City of Passaic seeks space to conduct training for the City of Passaic Fire Department; and WHEREAS, Passaic Pennington LLC has agreed to grant the City of Passaic the right to use certain areas of the property to conduct training for the Passaic Fire Department free of cost to the City of Passaic subject to the terms and conditions of the Hold Harmless Agreement attached hereto; and WHEREAS, the Hold Harmless Agreement has been reviewed by and approved by the City Attorney.

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 Hold harmless with Passaic Pennington LLC for the use of the property located at 211 Pennington Avenue, Passaic, New Jersey subject to the terms and conditions therein; and

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BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the agreement and any other documents necessary to effectuate the purpose of this Resolution.

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RESOLUTION # 16-10-298

RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PASSAIC AND THE ORANGES ACA NAVIGATOR PROJECT FOR ACA HEALTHCARE

ENROLLMENT PASSAIC, NEW JERSEY

WHEREAS, the Oranges ACA Navigator Project (“OACANP”) is a

federally funded organization located at 523 Park Avenue, LL1, Orange, New Jersey which exists to maximize healthcare enrollment through the Affordable Care Act (“ACA”) marketplace and provide face-to-face education on the ACA and the marketplace, and

WHEREAS, the 2016-2017 ACA open enrollment period begins November 1, 2016 and ends on January 31, 2017; and WHEREAS, the City of Passaic and OACANP wish to enter into the attached Memorandum of Understanding (“MOU”), under which the parties shall collaborate with the in order to identify and assist uninsured, re-certifying and /or re-enrolling consumers with enrollment during the open enrollment period and the special enrollment period; and WHEREAS, no fees will be charged to either party to the MOU or charged to any consumer by either party for the assistance, education and/or enrollment pertaining to affordable health care or the marketplace; and WHEREAS, the term of the MOU is from on September 2, 2016 through September 1, 2017; and WHEREAS, the attached MOU has been reviewed and approved by the City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that Passaic Alliance is hereby authorized to enter into the attached Memorandum of Understanding with Oranges ACA Navigator Project for ACA healthcare enrollment subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Memorandum of Understanding attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution.

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Resolution No. 16-10-299

RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH 220 PASSIC STREET ASSOCIATES CORP. FOR PAVING AND IMPROVEMENT OF A PORTION OF BLOCK

1038 LOT 2, PASSIC, NEW JERSEY WHEREAS, on October 3, 2012, the City of Passaic Redevelopment Agency, by Resolution 14-09, appointed 220 PASSAIC STREET ASSOCIATES CORP., a New Jersey Corporation, as the redeveloper of real property designated as (i) Block 1076 Lots 1, 8, 12, 18, 37, 39, 55; (ii) Block 1077 Lot 1; and (iii) Block 1038 Lots 1, 5, 33, 40, 50, all as designated on the official tax map of the City of Passaic pursuant to the provisions of

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the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"); and WHEREAS, the Redevelopment Law, specifically, N.J.S.A. 40A:12A-8(n) provides that a municipality may “do all things necessary or convenient to carry out its powers” therein; and WHEREAS, in conjunction with their Redevelopment Project, 220 PASSAIC STREET ASSOCIATES CORP., wishes pave and improve a portion of certain real property owned by the City of Passaic designated as Block 1038, Lot 2, on the official Tax Map of the City of Passaic and identified more specifically in the attachment hereto (hereinafter the “Property,”), in anticipation of ultimately acquiring such real property from the City of Passaic as part of the Redevelopment Project; and WHEREAS, the attached Memorandum of Understanding permits 220 PASSAIC STREET ASSOCIATES CORP. to access, pave or otherwise improve the Property consistent with the site plan approval granted by the Planning Board and provides that all costs and liability for same shall reside solely with 220 PASSAIC STREET ASSOCIATES; and WHEREAS, the attached Memorandum of Understanding has been reviewed and approved by the City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that City of Passaic is hereby authorized to enter into the attached Memorandum of Understanding with 220 PASSAIC STREET ASSOCIATES CORP. to access, pave or otherwise improve the improve certain real property owned by the City of Passaic designated as Block 1038, Lot 2, on the official Tax Map of the City of Passaic and identified more specifically in the attachment hereto consistent with the site plan approval already granted by the Planning Board subject to the terms and conditions therein and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute the Memorandum of Understanding attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution; and BE IT FURTHER RESOLVED that copies of this Resolution, along with an executed copy of the Memorandum of Understanding, shall be forwarded to City of Passaic Redevelopment Agency. ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

-------------------- ORDINANCE(S)FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title.

ORDINANCE NO. 2079-16

ORDINANCE PROHIBITED PARKING AT ALL TIMES AT VARIOUS LOCATIONS

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BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that:

SECTION I

No person shall park a vehicle at any time upon any of the

following described streets or parts of streets: NAME OF STREET SIDE LOCATION Broadway North From the easterly curbline of Prospect Street to

a point 60 feet west therefrom

Broadway South From the easterly curbline of Prospect Street to a point 65 feet west therefrom

Pennington Avenue East From the southerly curbline of Lafayette Avenue to

a point 56 feet south therefrom

Pennington Avenue West From the southerly curbline of Lafayette Avenue to a point 58 feet south therefrom Pennington Avenue East From the northerly curbline of Lafayette Avenue to

a point 59 feet north therefrom

Pennington Avenue West From the northerly curbline of Lafayette Avenue to a point 59 feet north therefrom Van Houten Avenue North From a point 105 feet westerly curbline of Barry

Place and extending to a point 80 feet west therefrom

Van Houten Avenue South From the westerly curbline of Barry Place to a point 67 feet west therefrom

SECTION II

All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only.

SECTION III

This ordinance shall take effect twenty (20) days ager final passage and publication as required by law and upon passage of a concurring resolution by the Passaic County Board of Chosen Freeholders.

Councilman Love moved the Ordinance be approved on first reading. Motion was seconded by Councilwoman Polanco the public hearing be held on November 1, 2016.

ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

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Council President Schaer read said Ordinance by title.

CITY OF PASSAIC

ORDINANCE NO. 2080-16

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 394 Handicapped Parking Spaces.

WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 394 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 1

295-32.2.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 # 62 Dayton Avenue South (Hobart Street) Beginning at a point 37

feet east of the easterly curbline of Dayton Avenue and extending to a point 22 feet easterly therefrom

UGX75S

260 Gregory Avenue North Beginning at a point 127 feet south of the

southerly curbline of Broadway and extending to a point 20 feet southerly therefrom

KCN28E

68 Jackson Street North Beginning at a point 198 feet east of the

easterly curbline of Columbia Avenue and extending to a point 22 feet easterly therefrom

HV9562

80 Passaic Avenue North Beginning at a point 132 feet west of the

westerly curbline of Gregory Avenue and extending to a point 20 feet westerly therefrom

Y22FBF

34 Van Houten Avenue North Beginning at a point 52 feet east of the

easterly curbline of Spring Avenue and extending to a point 22 feet easterly therefrom

HX5708

ADDITION:

NAME OF STREET SIDE LOCATION PLATE # 104 Blaine Street North Beginning at a point 158 feet west of the

westerly curbline of Van Houten Avenue and extending to a point 20 feet westerly therefrom

KCN28E

62 Dayton Avenue South (Hobart Street) Beginning at a point 37 X19GKB

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feet east of the easterly curbline of Dayton Avenue and extending to a point 22 feet easterly therefrom

268 Monroe Street North Beginning at a point 50 feet west of the

westerly curbline of Hamilton Avenue and extending to a point 20 feet easterly therefrom

RZV85Z

80 Passaic Avenue North Beginning at a point 132 feet west of the

westerly curbline of Gregory Avenue and extending to a point 20 feet westerly therefrom

G85GZG

34 Van Houten Avenue North Beginning at a point 52 feet east of the

easterly curbline of Spring Street and extending to a point 22 feet easterly therefrom

1673HD

Councilwoman Polanco moved the Ordinance be approved on first reading. Motion was seconded by Councilman Love the public hearing be held on November 1, 2016. ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo HEARING: On a motion by Councilman Love and seconded by Councilwoman Polanco the following application was adjourned November 22, 2016 as per applicant request. Omar D. Almeida, Fancy Fish, 32 Central Avenue, submitting request to have a Loading Zone Placed in front of their establishment. (applicant requesting adjournment November 22, 2016)

ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo SCHEDULE OF HEARING: On a motion by Councilman Schwartz and seconded by Councilman Garcia the following application was scheduled For January 23, 2017:

Azucena Flores, kitchen & Granite Depot, 150 Passaic Street, submitting request to have a loading placed in front of their establishment. ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

PAYMENT OF BILLS On a motion by Councilman Love and seconded by Councilwoman Polanco the PAYMENT OF BILLS Were accepted and approved ROLL CALL AYES: Love, Polanco, Schwartz, Garcia, Council president Schaer Absent: Munk, Melo

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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 8:30 p.m.

ATTEST: APPROVED:

___________________________ _______________________________ Amada D. Curling, City Clerk Gary S. Schaer, Council President

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