ROLL CALL PRESENT: Munk, Love, Polanco, Garcia, …3C98596C-C765-4FBD...35, 36, Redevelopment agency...
Transcript of ROLL CALL PRESENT: Munk, Love, Polanco, Garcia, …3C98596C-C765-4FBD...35, 36, Redevelopment agency...
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WORK-SESSION WAS HELD ON TUESDAY JUNE 13, 2017 AT 5:30 PM IN THE CITY COUNCIL CHAMBERS FIRST FLOOR CITY HALL 330 PASSAIC ST., PASSAIC, NJ.
Amada D. Curling, City Clerk read the following notice into record:
PURSUANT TO THE OPEN PUBLIC MEETING ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS SCHEDULED WORK SESSION MEETING TUESDAY, JUNE 13, 2017 AT 5:30 P.M. TO BE HELD IN THE 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: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz
ALSO PRESENT: HECTOR C. LORA, MAYOR; RICARDO FERNANDEZ, B.A. AND CHRISTOPHER HARRIOTT, CITY COUNSEL;
Council President on the chair:
Council President Schaer opened the work session with an informal review and discussion regarding agenda items and addendums
Amada D. Curling, City Clerk advised CP Schaer for the record that ITEM NO. 37 entiled: RESOLUTION AWARDING CONTRACT FOR PRE-PACKAGED MEALS FOR SUMMER FOOD PROGRAM 2017 (TITLE ONLY) HAS BEEN REMOVED AS PER THE ADMINISTRATION Councilman Love requested a separate vote on item 6A On a motion by Councilman Love and seconded by Councilwoman Polanco the following RESOLUTION WAS OFFERED FOR ADOPTION
RESOLUTION NO. 17-06-152ws
RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF PASSAIC ON JUNE 13, 2017 AT 5:30 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION; CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Re: Motion to Proceed to Executive Closed Session to Receive Attorney Client Communication Regarding Troy Dye
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 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;
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1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 2. The general nature of the subject matter to be discussed is as follows:
a. Litigation b. Personnel
c. Contract Negotiations
3. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate.
4. This Resolution shall take effect immediately.
AYES: Munk, Love, Polanco, Schwartz, Garcia, CP Schaer ABSENT: Melo After a short discussion and review of the agenda items the council took a 6 minutes recess and ended the work session meeting. PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS HELD ON TUESDAY, JUNE 13, 2017 AT 7:00 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL Amada D. Curling, City Clerk read the following notice into record: IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON DECEMBER 20, 2016 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE SFY 2017, SAID NOTICE WAS PUBLISHED ON DECEMBER 27, 2016, POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: AYES: Munk, Love, Polanco, Schwartz, Garcia, CP Schaer ABSENT: Melo ALSO PRESENT: Hon. Hector Lora, Mayor, Ricardo Fernandez, Business Administrator, Chris Harriott, City Counsel Invocation was rendered by Councilman Love followed by the Pledge of Allegiance Council President in the Chair Council President presented the following addendums:
Addendum Item No. 6A. Passaic African American Committee Celebration, 5 Spring Street, requesting a refund of $2,000 for event held on June 3, 2017.
Addendum Item No. 37A. Resolution Authorizing City of Passaic to Designate Second Alternate Representative To Joint Insurance Fund
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Addendum Item No. 38bResolution designating the intersection of Madison St. and
Leonard Place, Passaic, NJ as Reverend Francisco Joissim Way (Honorific)
Council Meeting Minutes for May 23, 2017 submitted for approval.
Upon motion made by Councilwoman Polanco and seconded by the Councilman Garcia aforementioned meeting minutes were approved. ROLL CALL AYES: Munk, Love, Polanco, Schwartz Garcia, CP Schaer ABSENT: Melo, 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. Joe Conoscenti, 170 Broadway, asked what happened to the Plaque and flag pole for Pulaski Park, also the water fountain by the food court is missing. Second Ward Park Christopher Columbus Park indoor soccer arena is time for a State American Flag and POW flag on the building, Mayor Johnson Park High street and Tennyson Place the gate is locked. Missing flag pole in Memorial Park Vietnam Memorial missing a bench Veterans World War I missing trees. Memorial Fountain Roger Benson Plaza, fountain needs to be working again and needs clean up. Robert B. Stowe, stone falling off concrete, lock is broken on the gate. A list of televisions are on the streets and tires. Steve Sikosi, 23 Orchard Street ,questioned where are we on the revenues received from fines? Item No. 15 , will like to know What the proceed will be used for? What is these going to increase As a percentage? Where are we with this? Explanation . Item No. 17 Where is this going to be located and why is it necessary . Item No. 18 why is this being denied why applicant seeking this? Item No. 29, will like a breakdown as to the road improvement street names. Item No. 37 A. Who is the appointee. Item 39 – Will like to know More about this what is the rationale behind this and why is this being done? What is the increase and the percentage? Item 34,35,36 - Why are we doing this? Why do we need this? stated that Item’s 34, 35, 36, Redevelopment agency had a presentation with Mr. Cirilo he explained the entire process.
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After ample opportunity given and no one else responding on a motion by Councilman Garcia and seconded by Councilwoman Polanco the public portion of the meeting was adjourned ROLL CALL AYES: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz ORDINANCES FOR SECOND AND FINAL READING (Public Hearing Required) Council President Schaer called up for the second and final reading Ordinance entitled:
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CITY OF PASSAIC
ORDINANCE NO. 2106-17 TABLED from May 23, 2017 meeting
ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PASSAIC, CHAPTER 317, “ZONING,” ARTICLE VII, “OFF-STREET PARKING AND LOADING,”
SECTION 25, “STANDARDS FOR PARKING SPACES AND PARKING AREAS,” TO PERMIT PARKING OF COMMERICAL VEHICLES ON RESIDENTIAL PROPERTY
AND SET STANDARDS THEREFORE
Councilman Love moved a public hearing to be held on Ordinance. Motion was seconded by Councilwoman Polanco, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL AYES: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz After ample opportunity given and no one responding on a motion by Councilman Love and seconded by Councilman Garcia the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz On a motion by Councilwoman Polanco and seconded by Councilman Love to deny the Ordinance (Voted-down) ROLL CALL AYES: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz
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Council President Schaer called up for the second and final reading Ordinance entitled:
ORDINANCE NO# 2107-17
ORDINANCE AMENDING THE DESIGNATING RESTRICTED PARKING FOR
USE BY HANDICAPPED PERSONS RESTRICTED BY NJ LICENSE PLATE NUMBER
Councilman Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Councilwoman Polanco , So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance
ROLL CALL AYES: Munk, Love, Polanco, Garcia, CP Schaer ABSENT: Melo, Schwartz Councilman Schwartz took his seat on the dais After ample opportunity given and no one responding on a motion by Councilwoman Polanco and seconded by Councilman Garcia the public portion of the meeting was closed ROLL CALL AYES: Munk, Love, Polanco, Schwartz, Garcia, CP Schaer ABSENT: Melo
Councilwoman Polanco moved the ordinance be adopted on second reading and final passage which motion was seconded by Councilman Garcia and adopted upon a call of the roll.
ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo
---------------------------------------------------------- COMMUNICATIONS AND PETITIONS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilman Love and seconded by Councilwoman Polanco the following petitions and communications were received place on file and approval granted
Amada D. Curling, submitting a raffle license application for the following organization: Holy Rosary RC Church 6 Wall Street
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Walter Bustamante Soccer Academy, 351 Elm Street, 2nd Floor, Kearny, NJ submitting application to hold a Soccer Tournament, in the Passaic Indoor Recreational Facility on June 17, 2017 from 9:00 a.m. to 7:00 p.m. (Contingent Upon Departmental Approvals) Isabel Agudelo/Amigos Colombianos, P.O. Box 2349, Passaic, submitting application to hold a Flag Raising, in Passaic City Hall Court Yard, on July 16, 2017 from 1:30 p.m. to 3:30 p.m. (Contingent Upon Departmental Approvals) For the Sake of Our Community, 11 Aspen Place, submitting application to hold a Flea Market at the Alfredo Speer Village Complex parking lot, on August 5, 2017 from 10:00 a.m. to 10:00 p.m. Contingent Upon Departmental Approvals)
ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo THE FOLLOWING ITEM WAS ADDED ON THE AGENDA AND VOTED ON SEPARATELY BY ONE MOTION On a motion by Councilwoman Polanco and seconded by Councilman Schwartz the following petitions and communications were received place on file and approval granted Passaic African American Committee Celebration, 5 Spring Street, requesting a refund of $2,000 for event held on June 3, 2017. ROLL CALL AYES: Munk, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo ABSTAIN: Love ALL MATTERS LISTED HEREUNDER ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Councilwoman Polanco and seconded by Councilman Garcia the following items were received and placed on file Personnel Actions- May 2017
Millennium Strategies Monthly Activity Report June 2017
RTP environmental Associates Inc., submitting correspondence re: Establishing Classification Exception Area, Former Frank Saltz & Son (Site Remediation Program Interest#: 013146)
Passaic Valley Water Commission, submitting notice and agenda of their May 24, 2017 Agenda.
North Jersey District Water Supply Commission, submitting notice and agenda of their May 24, 2017 meeting.
Zoning Board of the City of Passaic, submitting meeting dates for the period June – September, year 2017.
Alcoholic Beverage Control Board of the City of Passaic, submitting the following:
Agenda of their May 17, 2017 meeting. Minutes of their February 22, 2017
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Parking Authority of the City of Passaic, submitting notice cancelling their May 17, 2017 meeting.
Vidya Nayak, CFO, City of Passaic Finance Department, submitting correspondence re: $9,277,000 Bond Sale. ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JUNE 13, 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 Love and seconded by Councilwoman Polanco the following RESOLUTIONS WERE OFFERED FOR ADOPTION
CITY OF PASSAIC RESOLUTION # 17-06-153
RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PASSAIC AND CITY GREEN INC. FOR MOBILE FOOD
STAND
WHEREAS, the City of Passaic wishes to enter into the attached Memorandum of Understanding (“MOU”) with City Green, Inc., 171 Grove Street, Clifton, New Jersey, a 501(c)3 non-profit organization, under which City Green shall partner with the City to operate a mobile food stand at City Hall, and WHEREAS, such MOU will facilitate the provision of fresh, healthy, affordable produce for the residents of the City of Passaic and the provision of nutritional education as well as “Good Food Buck” incentive dollars to any customers using benefit programs such as Supplemental Nutrition Assistance Program (SNAP), Women, Infant and Children Farmer’s Market Program (WIC) and Senior Farmer’s Market Assistance Program (Senior FMNP); and
WHEREAS, pursuant to the MOU, City Green shall operate the mobile food stand at City Hall every Friday at 10:00 a.m. through 1:00 p.m. from June 9, 2017 through November 17, 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 the City of Passaic is hereby authorized to enter into the attached Memorandum of Understanding with City Green Inc. for a mobile food stand 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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CITY OF PASSAIC
RESOLUTION # 17-06-154
RESOLUTION DENYING APPLICATION FOR LOADING/UNLOADING OF PASSENGERS FOR 365 MAIN AVENUE, PASSAIC NEW JERSEY
WHEREAS, Little Steps to Success, (“Applicant”), applied for loading/unloading of passengers at 365 Main Avenue, Passaic, New Jersey 07055 pursuant to §295-36.1 of the City of Passaic City Code; and WHEREAS, a hearing was conducted before the City Council of the City of Passaic on May 11, 2017 and May 23, 2017, at which time testimony was taken from the Applicant; and WHEREAS, the City Council of the City of Passaic, after considering the arguments of the Applicant, voted to deny Applicant’s application for loading and unloading of passengers as Applicant was neither a “school” not place of “public assembly” as required by§295-36.1 of the City of Passaic City Code and relevant state statute. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the application for loading/unloading of passengers filed by Little Steps to Success, 365 Main Avenue, Passaic, New Jersey 07055 is hereby DENIED; and it is BE IT FURTHER RESOLVED that the Mayor and City Clerk and hereby authorized to
undertake any further actions necessary to effectuate this Resolution
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RESOLUTION NO. 17-06-155
RESOLUTION REJECTING BIDS FOR HOWE AVENUE SANITARY SEWER IMPROVEMENTS
WHEREAS, bids were received by the Director of Purchasing on Thursday, June 1, 2017 for Howe Avenue Sanitary Sewer Improvements; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications and plans were picked up by the following, none of whom submitted bids: Kenyon Pipeline Inspection Montana Construction Hutton Construction Queebury, NY Lodi, NJ Cedar Grove, NJ WHEREAS, the City of Passaic has determined that the bid specifications need to be modified; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing that the bid be rejected and the City re-advertise.
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CITY OF PASSAIC RESOLUTION NO. 17-06-156
RESOLUTION AWARDING CONTRACT THROUGH NEGOTIATIONS
FUEL DISPENSING SYSTEM Public Works Garage
870 Main Avenue
WHEREAS, the City of Passaic solicited bids for a Fuel Dispensing System; and
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WHEREAS, bids were received on March 17, 2017 but were rejected as the prices exceeded the budget for this project; and WHEREAS, bids were again received on April 11, 2017 but were rejected as the prices exceeded the budget for this project; and WHEREAS, N.J.S.A. 40a;11-5 (3)(b) provides that any contract in excess of the bid threshold may be negotiated and awarded by Resolution of the governing body where bids have been rejected by the governing body on two occasions because it was determined that they were not reasonable as to price; and WHEREAS, the Director of Purchasing has made a reasonable effort to determine that the same goods and services, at a price lower than the negotiated price, are not available from any agency or authority of the United States, the State of New Jersey, the County of Passaic or any local municipality; and WHEREAS, the terms, conditions, restrictions and specifications set forth in the negotiated contract are not substantially different from those which were the subject of the original bid document; and WHEREAS, the City of Passaic wishes to enter into a contract with Independence Contractors, Bridgewater, NJ for a Fuel Dispensing System, Public Works Garage, 870 Main Avenue, Passaic, NJ in the amount of $ 266,207.50. 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 contract with Independence Contractors, Bridgewater, NJ for a Fuel Dispensing System, Public Works Garage, 870 Main Avenue, Passaic, NJ in the amount of $ 266,207.50. 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 this project are available in Account # C-04-55-977-000-9PW.
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RESOLUTION NO. 17-06-157
RESOLUTION SETTING MEETING DATES OF THE CITY COUNCIL OF THE CITY OF PASSAIC FOR THE YEARS 2017-2018
BE IT RESOLVED, by the City Council of the City of Passaic that the following is the
Schedule of meetings of the City Council for the year 2017-2018
BE IT FURTHER RESOLVED that all public work session meetings will be held at 5:30p.m. Followed by the Regular Meetings at 7:00 p.m. in the Council Chambers of Passaic City Hall, 330 Passaic St. Passaic, NJ 07055
July 18, 2017 January 9, 2018
January 23, 2018
August 8, 2017 February 6, 2018
February 20, 2018
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September 5, 2017
September 19, 2017
March 6, 2018
March 20, 2018
October 3, 2017
October 17, 2017
April 10, 2018
April 24, 2018
November 9, 2017*
November 21, 2017
May 8, 2018
May 22, 2018
December 5, 2017
December 21, 2017*
June 5, 2018
June 19, 2018
*Thursdays
BE IT FURTHER RESOLVED that closed session meetings may be held during any of the public meetings set forth upon passage of an appropriate Resolution.
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RESOLUTION NO. 17-06-158
RESOLUTION REAPPOINTING MEMBER TO THE PASSAIC PARKING AUTHORITY
BE IT RESOLVED by the City Council of the City of Passaic that the City Council hereby reappoints:
Denise Perez 24 State Street, Apt. 1-A, Passaic, NJ 07055 Name Address
As a Commissioner of the City of Passaic Parking Authority said term to commence June 18, 2017 and expire on June 30, 2022.
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CITY OF PASSAIC RESOLUTION NO.17-06-159
Resolution to Amend SFY 2017 Municipal Budget (N.J.S.A. 40A:4-87)
Click It or Ticket Seat Belt Campaign $5,500
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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 CY year 2017 as follows:
Click It or Ticket Seat Belt Campaign $5,500 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
Click It or Ticket Seat Belt Campaign $5,500 Account #G-02-40-CI7-017-000
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RESOLUTION NO.07-06-160
Resolution to Amend SFY 2017 Municipal Budget (N.J.S.A. 40A:4-87)
Ryan White Part A & MAI $76,669.00 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 CY year 2017 as follows:
Ryan White Part A & MAI $76,669.00 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
Ryan White Part A & MAI $76,669.00
Account #G-02-40-RWI-017-000
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CITY OF PASSAIC RESOLUTION NO.17-06-161
Resolution to Amend CY 2017 Municipal Budget (N.J.S.A. 40A:4-87)
You Text You Pay $5,500
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 CY year 2017 as follows:
You Text You Pay $5,500 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
You Text You Pay $5,500 Account #G-02-40-YT7-017-000
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RESOLUTION NO. 17-06-162
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
NJ Drunk Driving Enforcement $38,576.84 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 CY2017 as follows:
NJ Drunk Driving Enforcement $38,576.84
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
NJ Drunk Driving Enforcement $38,576.84
Account #G-02-40-DDE-000-000 ----------------------------------------------------------
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RESOLUTION NO.17-06-163
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
NJ DOH: Women, Infant & Children Additional Funds $74,000.00
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 CY2017 as follows:
NJ DOH: Women, Infant & Children Additional Funds $74,000.00
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
NJ DOH: Women, Infant & Children Additional Funds $74,000.00 Account #G-02-40-WIC-017-000 BE IT FURTHER RESOLVED that three certified copies of this resolution be forwarded to the Department of Community Affairs, Director of the Division of Local Government Services.
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RESOLUTION NO.17-06-164
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
New Jersey State CDBG Disaster Recovery $1,469,089.00 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 CY2017 as follows:
New Jersey State CDBG Disaster Recovery $1,469,089.00
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
New Jersey State CDBG Disaster Recovery $1,469,089.00
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Account #G-02-40-Dr7-017-000
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RESOLUTION NO.17-06-165
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
New Jersey DOT – Various Road Improvements $385,456.00 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 CY2017 as follows:
New Jersey DOT – Various Road Improvements $385,456.00
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
New Jersey DOT – Various Road Improvements $385,456.00
Account #G-02-40-Dr7-017-000
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RESOLUTION NO.17-06-166
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
Passaic County Housing Opportunity (HOPWA)-2016 Additional $40,000.00 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 CY2017 as follows:
Passaic County Housing Opportunity (HOPWA)-2016 Additional $40,000.00
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
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Passaic County Housing Opportunity (HOPWA)-2016 Additional $40,000.00
Account #G-02-40-HOP-017-000
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CITY OF PASSAIC RESOLUTION NO.17-06-167
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
Alcohol Education Fund DWI $18,336.87 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 CY2017 as follows:
Alcohol Education Fund DWI $18,336.87
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
Alcohol Education Fund DWI $18,336.87
Account #G-02-40-CC7-017-000
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RESOLUTION NO. 17-06-168
Resolution to Amend CY2017 Municipal Budget (N.J.S.A. 40A:4-87)
NJ State Clean Communities Grant $76,830.87 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 CY2017 as follows:
NJ State Clean Communities Grant $76,830.87
BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows:
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GMT Contracting North Bergen, NJ
Brunswick Builders East Windsor, NJ
Fine Construction Iselin, NJ
Technotime Business East Rutherford, NJ
Absolute Fence Services Lincoln Park, NJ
CMD Norcross, GA
The Blue Book Jefferson Valley, NY
Riefolo Construction Cedar Grove, NJ
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NJ State Clean Communities Grant $76,830.87
Account #G-02-40-CC7-017-000
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CITY OF PASSAIC RESOLUTION NO. 17-06-169
RESOLUTION REJECTING BIDS FOR GIRLS LOCKER ROOM RENOVATIONS BOYS AND GIRLS CLUB
14-20 HUDSON SREET PASSAIC, NJ
WHEREAS, bids were received by the Director of Purchasing on Tuesday, June 6, 2017 for Girls Locker Room Renovations Boys and Girls Club,14-20 Hudson Street, Passaic, NJ; and WHEREAS, bids were received as per the attached:
WHEREAS, in addition to the attached, specifications and plans were picked up by the following contractors none of whom submitted bids:
WHEREAS, the lowest bidder ZN Construction of Saddle Brook, NJ did not submit a detailed table of schedule of values which was a requirement of the bid; and
WHEREAS, their bid is deemed non-responsive and must be rejected; and
WHEREAS, the additional bids received exceeds the budget appropriation for this project; and
WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing that
this bid be rejected and rebid.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid for Girls Locker Room Renovations Boys and Girls Club, 14-20 Hudson Street be rejected and the City of Passaic re-advertise.
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.
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June 13, 2017 Minutes
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CITY OF PASSAIC RESOLUTION # 17-06-170
RESOLUTION DESIGNATING PROPERTY IDENTIFIED ON THE OFFICIAL TAX
MAP OF THE CITY OF PASSAIC AS BLOCK 3265, LOT 66 AND LOCATED AT 57-65 ASCENSION STREET, PASSAIC, NEW JERSEY AS AN “AREA IN NEED OF
REHABILITATION” PURSUANT TO N.J.S.A. 40A:12A-1, ET SEQ. WHEREAS, the City Council of the City of Passaic adopted Resolution authorizing and
directing the Planning Board of the City of Passaic (the “Planning Board”) to undertake a
preliminary investigation as to whether the property identified on the Official Tax Map of the
City of Passaic as Block 3265, Lot 66 and located at 57-65 Ascension Street, Passaic, New
Jersey, (collectively, the “Study Area”) should be delineated as an area in need of rehabilitation
pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et
seq.; and
WHEREAS, the Planning Board held a public hearing on notice as required pursuant to
N.J.S.A. 40A:12A-6; and
WHEREAS, by Resolution adopted, a copy of which is annexed hereto (the
“Resolution”), the Planning Board has recommended to the City Council that the Study Area be
designated as an area in need of rehabilitation by the City Council; and
WHEREAS, as set forth in the Resolution adopted, the Planning Board’s
recommendation was based upon its findings that the Study Area contains the following
conditions as set forth in N.J.S.A. 40A:12A-5:
WHEREAS, the City Council believes that the redevelopment of the Study Area is in
the best interest of the City of Passaic, is in furtherance of the health, safety, morals and welfare
of its residents and in accordance with the public purposes and provisions of the Local
Redevelopment and Housing Law and all other applicable state and local law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic
that the uncontroverted findings of the Planning Board as set forth in the attached Resolution are
hereby adopted; and
BE IT FURTHER RESOLVED that the property identified on the Official Tax Map of
the City of Passaic as Block 3265, Lot 66 and located at 57-65 Ascension Street, Passaic, New
Jersey, be and the same are hereby designated as an area in need of rehabilitation pursuant to
N.J.S.A. 40A:12A-5 and
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BE IT FUTHER RESOLVED that the Planning Board is hereby authorized and
directed to cause a redevelopment plan to be prepared for the Study Area and present same to the
City Council pursuant to N.J.S.A. 40A:12A-7f; and
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Planning Board of the City of Passaic.
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Commissioner of the New Jersey Department of Community Affairs for review.
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CITY OF PASSAIC RESOLUTION # 17-06-171
RESOLUTION DESIGNATING PROPERTY IDENTIFIED ON THE OFFICIAL TAX
MAP OF THE CITY OF PASSAIC AS BLOCK 3319, LOT 1, BLOCK 2202, LOTS 22, 24, 27 AND 30 AND LOCATED AT 299 GREGORY AVENUE, PASSAIC, NEW JERSEYAS AN “AREA IN NEED OF REHABILITATION” PURSUANT TO N.J.S.A. 40A:12A-1, ET
SEQ. WHEREAS, the City Council of the City of Passaic adopted Resolution authorizing and
directing the Planning Board of the City of Passaic (the “Planning Board”) to undertake a
preliminary investigation as to whether the property identified on the Official Tax Map of the
City of Passaic as Block 2202, Lot 22, 24, 27 and 30 and located at 299 Gregory Avenue,
Passaic, New Jersey, (collectively, the “Study Area”) should be delineated as an area in need of
rehabilitation pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq.; and
WHEREAS, the Planning Board held a public hearing on notice as required pursuant to
N.J.S.A. 40A:12A-6; and
WHEREAS, by Resolution adopted, a copy of which is annexed hereto (the
“Resolution”), the Planning Board has recommended to the City Council that the Study Area be
designated as an area in need of rehabilitation by the City Council; and
WHEREAS, as set forth in the Resolution adopted, the Planning Board’s
recommendation was based upon its findings that the Study Area contains the following
conditions as set forth in N.J.S.A. 40A:12A-5:
WHEREAS, the City Council believes that the redevelopment of the Study Area is in
the best interest of the City of Passaic, is in furtherance of the health, safety, morals and welfare
of its residents and in accordance with the public purposes and provisions of the Local
Redevelopment and Housing Law and all other applicable state and local law.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic
that the uncontroverted findings of the Planning Board as set forth in the attached Resolution are
hereby adopted; and
BE IT FURTHER RESOLVED that the property identified on the Official Tax Map of
the City of Passaic as Block 2202, Lot 22, 24, 27 and 30 and located at 299 Gregory Avenue,
Passaic, New Jersey be and the same are hereby designated as an area in need of rehabilitation
pursuant to N.J.S.A. 40A:12A-5 and
BE IT FUTHER RESOLVED that the Planning Board is hereby authorized and
directed to cause a redevelopment plan to be prepared for the Study Area and present same to the
City Council pursuant to N.J.S.A. 40A:12A-7f; and
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Planning Board of the City of Passaic.
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Commissioner of the New Jersey Department of Community Affairs for review.
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CITY OF PASSAIC RESOLUTION # 17-06-172
RESOLUTION DESIGNATING PROPERTY IDENTIFIED ON THE OFFICIAL TAX
MAP OF THE CITY OF PASSAIC AS BLOCK 1001.6, LOT 1 AND LOCATED AS 14-34 EAST MONROE STREET, PASSAIC, NEW JERSEY AS AN “AREA IN NEED OF
REHABILITATION” PURSUANT TO N.J.S.A. 40A:12A-1, ET SEQ. WHEREAS, the City Council of the City of Passaic adopted Resolution authorizing and
directing the Planning Board of the City of Passaic (the “Planning Board”) to undertake a
preliminary investigation as to whether the property identified on the Official Tax Map of the
City of Passaic as Block 1001.6, Lot 1 and located at 14-34 East Monroe Street, Passaic, New
Jersey, Passaic, New Jersey, (collectively, the “Study Area”) should be delineated as an area in
need of rehabilitation pursuant to the New Jersey Local Redevelopment and Housing Law,
N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS, the Planning Board held a public hearing on notice as required pursuant to
N.J.S.A. 40A:12A-6; and
WHEREAS, by Resolution adopted, a copy of which is annexed hereto (the
“Resolution”), the Planning Board has recommended to the City Council that the Study Area be
designated as an area in need of redevelopment by the City Council; and
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WHEREAS, as set forth in the Resolution adopted, the Planning Board’s
recommendation was based upon its findings that the Study Area contains the following
conditions as set forth in N.J.S.A. 40A:12A-5:
WHEREAS, the City Council believes that the redevelopment of the Study Area is in
the best interest of the City of Passaic, is in furtherance of the health, safety, morals and welfare
of its residents and in accordance with the public purposes and provisions of the Local
Redevelopment and Housing Law and all other applicable state and local law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic
that the uncontroverted findings of the Planning Board as set forth in the attached Resolution are
hereby adopted; and
BE IT FURTHER RESOLVED that the property identified on the Official tax Map of
the City of Passaic as Block 1001.6, Lot 1 and located at 14-34 East Monroe Street, Passaic,
New Jersey be and the same are hereby designated as an area in need of rehabilitation pursuant
to N.J.S.A. 40A:12A-5 and
BE IT FUTHER RESOLVED that the Planning Board is hereby authorized and
directed to cause a redevelopment plan to be prepared for the Study Area and present same to the
City Council pursuant to N.J.S.A. 40A:12A-7f; and
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Planning Board of the City of Passaic.
BE IT FURTHER RESOLVED that a true copy of this Resolution be forwarded to the
Commissioner of the New Jersey Department of Community Affairs for review.
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THE FOLLOWING RESOLUTION WAS ADDED ON TO THE AGENDA
CITY OF PASSAIC
RESOLUTION NO. 17-06-173
RESOLUTION AUTHORIZING CITY OF PASSAIC TO DESIGNATE SECOND ALTERNATE REPRESENTATIVE TO JOINT INSURANCE
FUND
WHEREAS, a number of local governmental units in the State of New Jersey, including the City of Passaic have joined together to form the Public Entity Joint Insurance Fund as permitted by N.J.S.A. 40A:10-36; and
WHEREAS, the City of Passaic has already designated Ricardo Fernandez,
Business Administrator, as its representative to the PEJIF and now wishes to designate as
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its second alternate representative to the PEJIF who shall attend regular PEJIF meetings and be authorized to vote on issues raised therein in his absence.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Passaic is hereby authorized to designate Viviana Lamm, Director of Human Services, as a second alternate representative to the PEJIF, who shall attend all meetings not attended by City's representative and shall be authorized to vote in his absence; and
BE IT FURTHER RESOLVED that the Mayor and the Municipal Clerk are
hereby authorized and directed to execute any and all such documents necessary to designate Viviana Lamm as the City's second alternate representative to the PEJIF.
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THE FOLLOWING RESOLUTION WAS ADDED ON TO THE AGENDA
CITY OF P A S S A I C RESOLUTION N0. 17-06-174
RESOLUTION DESIGNATING THE INTERSECTION MADISON STREET AND LEONARD PLACE, PASSAIC, NEW JERSEY AS REVEREND FRANCISCO JOISSIM
WAY (HONORIFIC)
WHEREAS, Reverend Francisco Joissim is celebrating 50 years in the ministry; and
WHEREAS, since 1995 until the present Reverend Jossim has been the Senior Pastor of Christian Mission John 3:16 Church located at 250-258 Madison Street in Passaic, NJ 07055.
WHEREAS, Reverend Joissim has greatly impacted the life of thousands of people around the world, but most importantly, he has impacted the heart of God and the hearts of many people in our community more than 22 years and has placed an indelible mark on the hearts of hundreds of people in our community.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passatc, m acknowledgement of and appreciation for all of the good works undertaken by Reverend Francisco Joissim, that the intersection of Madison Street and Leonard Place in the City of Passaic shall be honorarily designated as "Reverend Francisco Joissim Way."
ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo
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ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title.
CITY OF PASSAIC
ORDINANCE NO# 2108-17
ORDINANCE AMENDING THE DESIGNATING RESTRICTED PARKING FOR
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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 400 Handicapped Parking Spaces.
WHERE AS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 406 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 deletion of the following: DELETION:
NAME OF STREET SIDE LOCATION PLATE # 110-112 Gregory Avenue North Beginning at a point 88 feet east of
the easterly curbline of Pennington Avenue and extending to a point 22 feet westerly therefrom
VEM49U
57 Highland Avenue South Beginning at a point 51 feet west of
the westerly curbline of Dayton Avenue and extending to a point 20 feet westerly therefrom
G71CXZ
125 Howard Avenue South Beginning at a point 175 feet east
of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom
G18DBU
3 Lucille Place South Beginning at a point 43 feet north
of the northerly curbline of Madison Street and extending to a point 20 feet northerly therefrom
JYU44S
281 Madison Avenue South Beginning at a point 175 feet east
of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom
D79FPH
165 Passaic Street South Beginning at a point 161 feet west
of the westerly curbline of Third Street and extending to a point 20 feet westerly therefrom
HY9520
98 President Street North Beginning at a point 102 feet east
of the easterly curbline of Parker Avenue and extending to a point 22 feet easterly therefrom
X97AXT
87 Prospect Street West Beginning at a point 231 feet north
of the northerly curbline of Park Avenue and extending to a point 21 feet northerly therefrom
HW3563
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SECTION 2
295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION:
NAME OF STREET SIDE LOCATION PLATE # 232 Broadway North Beginning at a point 100 feet east
of the easterly curbline of Boulevard and extending to a point 22 feet easterly therefrom
X91CPM
197 Dayton Avenue West Beginning at a point 200 feet south
of the southerly curbline of Highland Avenue and extending to a point 20 feet southerly therefrom
B72GSP
125 Howard Avenue South Beginning at a point 175 feet east
of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom
P80HUJ
240 Lafayette Avenue East Beginning at a point 212 feet north
of the northerly curbline of Passaic Avenue and extending to a point 22 feet northerly therefrom
W24CNT
124 Lincoln Street East (Boulevard) Beginning at a point 32
feet north of the northerly curbline of Lincoln Street and extending to a point 22 feet northerly therefrom
R61CKJ
3 Lucille Place South Beginning at a point 43 feet north
of the northerly curbline of Madison Street and extending to a point 20 feet northerly therefrom
C80GZX
281 Madison Avenue South Beginning at a point 175 feet east
of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom
7046HD
3 Mass Court East Beginning at a point 174 feet south
of the southerly curbline of Main Avenue and extending to a point 20 feet southerly therefrom
F73CVG
163 Meade Street South Beginning at a point 136 feet east
of the easterly curbline of Randolph Street curb and extending to a point 22 feet easterly therefrom
K98AHE
165 Passaic Street South Beginning at a point 67 feet west of
the westerly curbline of Third Street and extending to a point 22 feet westerly therefrom
HY9520
98 President Street North Beginning at a point 102 feet east
of the easterly curbline of Parker Avenue and extending to a point 22
7041HD
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feet easterly therefrom
87 Prospect Street West Beginning at a point 201 feet north
of the northerly curbline of Park Avenue and extending to a point 22 feet northerly therefrom
HW3563
217 Randolph Street West Beginning at a point 258 feet south
of the southerly curbline of Broadway and extending to a point 22 feet southerly therefrom
A55FVH
390 River Drive South (Westervelt Place) Beginning at a
point 65 feet west of the westerly curbline of River Drive and extending to a point 22 feet westerly therefrom
U12ALB
Councilwoman Polanco moved the Ordinance be approved on first reading. Motion was seconded by Councilman Schwartz the public hearing be held on June 27, 2017. ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo
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Council President Schaer read said Ordinance by title.
ORDINANCE NO. 2109-17
ORDINANCE AMENDING THE SALARY FOR MAYOR OF THE CITY OF PASSAIC
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, N.J.S.A. 40A:165 provides that “[t]he governing body of a municipality, by ordinance, unless otherwise provided by law, shall fix and determine the salaries, wages or compensation to be paid to the officers and employees of the municipality, including the members of the governing body and the mayor or other chief executive, who by law are entitled to salaries, wages, or compensation;” and
WHEREAS, N.J.S.A. 40A:165 also provides that “salaries, wages or compensation fixed
and determined by ordinance may, from time to time, be increased, decreased or altered by ordinance;” and WHEREAS, Ordinance #1766-8, adopted by the City Council of the City of Passaic on June 12, 2008, provided for a mayoral salary of $72,295.00 as of July 1, 2008; and
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WHEREAS, in the interests of good government, the City Council of the City of Passaic has determined that it is necessary and appropriate to amend the salary of the Mayor to increase such amount to $115,000.00 as of July 1, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASSAIC as follows:
SECTION ONE The salary of the Mayor of the City of Passaic shall be $115,000.00 as of July 1, 2017. This amount shall be adjusted every July 1 by either:
1. The increase in the Consumer Price Index as reported by the United States Government for our geographic area; or
2. The lowest contracted salary adjustment for a bargaining unit of the City of Passaic, whichever is less.
There shall be no expense account for the Mayor of the City of Passaic.
SECTION TWO
If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
SECTION THREE All ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only.
SECTION FOUR This Ordinance shall take effect upon final adoption and publication in accordance with law unless within said 20 days, a petition signed by voters of such municipality, equal in number to at least 5% of the registered voters of the municipality, protesting against the passage of such ordinance, be presented to the governing body, pursuant to N.J.S.A. 40A:165.
Councilman Schaer moved the Ordinance be approved on first reading. Motion was seconded by Councilman Schwartz the public hearing be held on June 27, 2017.
ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo
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Council President Schaer read said Ordinance by title.
ORDINANCE NO. 2110-17
ORDINANCE AMENDING THE CITY CODE OF THE CITY OF PASSAIC TO CREATE CHAPTER 162, “GROCERY STORES”
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may
make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not
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contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, The City of Passaic recognizes that the lack of access to healthy food is a problem in many neighborhoods in New Jersey, including Passaic, and that many residents of Passaic depend upon small, neighborhood stores for food purchases. The City of Passaic believes every community deserves access to healthy, affordable food. The City of Passaic also believes that it is in the interest of public health, safety, and welfare of its citizens to increase access to fresh, healthy, affordable foods by ensuring that grocery stores, corners stores and/or bodegas in the City of Passaic provide a certain minimum level of healthy food to increase healthier food choices, create healthier businesses, and encourage healthier communities. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic shall hereby be amended to create Chapter 162, “Grocery Stores,” as follows:
SECTION I:
CHAPTER 162 “GROCERY STORES” §162-1 Purpose. The City of Passaic recognizes that the lack of access to healthy food is a problem in many neighborhoods in New Jersey, including Passaic, and that many residents of Passaic depend upon small, neighborhood stores for food purchases. The City of Passaic believes every community deserves access to healthy, affordable food. The City of Passaic also believes that it is in the interest of public health, safety, and welfare of its citizens to increase access to fresh, healthy, affordable foods by ensuring that grocery stores, corners stores and/or bodegas in the City of Passaic provide a certain minimum level of healthy food to increase healthier food choices, create healthier businesses, and encourage healthier communities. §162-2 Definitions. As used in this chapter the following words and phrases shall mean: Accessory food items means non-staple food items, such as coffee, tea, cocoa, carbonated and un-carbonated drinks, candy, condiments, and spices. Accessory use grocery means a retail establishment, as defined under City Ordinance Chapter 149-5 and licensed as required under Chapter 149-6A, that sells a range of everyday items such as snack foods, confectionery, toiletries, soft drinks, tobacco products, magazines and newspapers that may sell staple foods as an accessory use to its primary business. Such establishments may include, but are not limited to, establishments that sell only specialized types or classes of staple foods and accessory foods, imported food stores, variety stores, card shops, newsstands and gift shops. The definition of accessory use grocery does not include stores that accept government supplemental nutrition programs. Grocery Store: means a retail food establishment, as defined under City Ordinance Chapter 149-5 and licensed as required under Chapter 149-6A, that offers a wide variety of food products, including but not limited to, staple foods, accessory foods, perishable foods such as meat, produce and dairy, along with household goods and general merchandise items such as cleaning supplies, paper products, and health/beauty care products. These stores may include fresh produce, butcher, deli, and bakery departments. Staple foods: Those foods items intended for home preparation and consumption, including meat, poultry, fish, bread and breadstuffs, cereals, vegetables, fruits, fruit and vegetable juices, and dairy products.
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All grocery stores licensed under this chapter must offer for sale food for home preparation and consumption, on a continuous basis. The following items and quantities are required: A. Milk: Five (5) gallons of unsweetened, unflavored, fluid cow’s milk in up to a gallon or half gallon containers in any combination of at least two (2) of the following varieties: skim or nonfat, one (1) percent, or two (2) percent, or “plain” or “original” soy milk or other milk alternatives. B. Cheese. Six (6) pounds of cheese in packages of at least one-half (1/2) pound (eight (8) ounces) each, in any combination of at least three (3) varieties, not including processed cheese products. C. Eggs: Six (6) one dozen (twelve (12)) containers of fresh large-size eggs. D. Meat and vegetable protein sources: At least three (3) varieties of meat, poultry, canned fish packed in water, or vegetable protein such as nut butter and/or tofu. Nut butters can be up to eighteen (18) ounces in size and are not to contain any other food products such as jelly, jam, chocolate or honey. E. Fruits and vegetables: Thirty (30) pounds or fifty (50) items total of fresh and/or frozen fruits and vegetables that do not contain added ingredients including sweeteners, salt, sauces, or seasonings, in at least seven (7) varieties, with at least five (5) varieties that are fresh and perishable, and with no more than fifty (50) percent of the total selection being from a single variety. F. Juice: Six (6) containers of any combination of the following, as long as at least two (2) containers are one hundred (100) percent citrus juice, (orange, grapefruit, or orange/grapefruit) in any combination of the following types:
1. Eleven and one half (11.5) to twelve (12) ounce containers of pure and unsweetened frozen or non-frozen concentrate one hundred (100) percent juice; or
2. Fifty-nine (59) ounce or larger containers of pure and unsweetened one hundred
(100) percent juice. G. Whole grain cereal: Four (4) boxes or bags twelve (12) ounces or larger of whole grain cereal or cereal grains in any combination of at least three (3) varieties. H. Whole grains: Five (5) pounds of whole grains of at least three (3) varieties such as bread corn, tortillas, brown rice or oatmeal. I. Canned beans: One hundred ninety-two (192) ounces of canned beans or legumes in any combination of at least three (3) varieties. J. Dried peas, beans, lentils: Four (4) packages, up to sixteen (16) ounces in size, of dried beans, peas or lentils without any added ingredients. §162-3 Requirements. All grocery stores licensed as required under Chapter 149-6A must offer for sale on a continuous basis staple foods as defined in §162-2. Food shall be non-expired and not spoiled, and maintained according to established industry standards for food safety. To count towards the staple food standards, perishable items, including fresh fruit and vegetables, shall be offered in good condition, not overripe or seriously deformed and free from decay, discoloration, bruising, and surface damage. §162-4 Exemptions. The following are exempt from the requirements of this Chapter:
A. Accessory use groceries
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B. Gasoline filling stations, licensed under 149-6a and having not more than three hundred (300) square feet of retail sales floor area.
§162-5 Enforcement.
A. The provisions of this article shall be enforceable by the City Health Officer or his designee.
B. It shall be unlawful for any person to hinder, molest or interfere with anyone authorized to enforce the provisions of this chapter.
162-6 Violations and Penalties.
The general penalty provisions of the Code of the City of Passaic shall govern violations of this chapter.
SECTION II
If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
SECTION III
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
SECTION IV This ordinance shall take effect upon publication as provided by law. Councilwoman Polanco moved the Ordinance be approved on first reading. Motion was seconded by Councilman Garcia the public hearing be held on June 27, 2017. ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo PAYMENT OF BILLS On a motion by Councilman Garcia and seconded by Councilwoman Polanco the PAYMENT OF BILLS were accepted and approved ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo ADMINISTRATION REPORT: Mr. Fernandez, BA commended Ms. Vidya Nayak, Finance Director and stated that the reasons who got such a good rating is that we have been upgraded from a A+ standard rating to an A+ good, when we did our Audit and the way we have been running fiscally. 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
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ROLL CALL AYES: Munk, Love, Polanco, Garcia, Schwartz, CP Schaer ABSENT: Melo ATTEST: APPROVED:
_____________________ _________________________ Amada D. Curling, Gary S. Schaer, City Clerk Council President