City Council

City of Passaic New Jersey Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ON TUESDAY, AUGUST 03, 2021 AT 7:06 P.M. 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 JUNE 23, 2020 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2020- 2021, SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK PLEASE BE FURTHER ADVISED DUE TO COVID-19 THIS MEETING WILL BE VIRTUAL STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON JUNE 12, 2021 ON THE CITY OF PASSAIC WEBSITE AT www.cityofpassaic.com UNDER COUNCIL AGENDAS. INSTRUCTIONS ARE ALSO AVAILABLE IN THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Christian Hibinski, Esq., City Attorney Invocation was rendered by Council Member Thania Melo, followed by the Pledge of Allegiance. MAYOR’S UPDATE Mayor Hector C. Lora updated the council and residents on the following: • COVID statistics from March 2020 to date: • 8589 tested positive for Covid-19; of those there were 309 deaths. • Covid testing and vaccinations continues throughout Passaic. Passaic testing sites are available on the city of Passaic website. Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK • Celebrating diversity, flag raisings were held for Puerto Rico, Peru, Ecuador. Cuba flag raising on Thursday on Aug 5. Other flag raisings for Columbia, Dominican republic will take place in future. • The first Passaic summer concert was held at Dundee Island Park with Grupo Macao on August 2. • Passaic is moving forward with uniting two parks in conjunction with Passaic county. • Recreational activities are available, including golf, horseback riding for children. Senior citizens are invited to participate. • National night out will be held on August 3, in conjunction with police, fire and other city departments. • Community cleanup continues. • Next week begins demolition of the VFW and in partnership with Habitat for Humanity, a new building will go up which will include veterans housing. • Tax letters will be mailed to residents detailing the use of resident tax dollars • On September 1, the rent increase ban will be lifted. MINUTES Council Meeting Minutes for July 20, 2021 were submitted for approval. Upon motion made by Council Member Garcia and seconded by Council Member Schwartz the aforementioned meeting minutes were approved. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 2 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Frank Munoz, 79 Van Houten • Will there be any police hirings in this year? Aryeh Mack, 187 Howard Ave • There was no police enforcement on Benson Avenue to block off street during the last storm. • Will there be masking in the future in schools? • When will food box program be done? • Can we get an Israel flag raising? After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 3 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2306-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 149 “FOOD ESTABLISHMENTS,” ARTICLE XIV “FLEA MARKETS,” SECTION 69 “FOOD HANDLING, SANITARY REQUIREMENTS, EMPLOYEE HYGIENE AND POTENTIALLY HAZARDOUS FOODS” Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Love the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 4 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2307-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 277, “TAXICABS” Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Love the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 5 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2308-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295 “VEHICLES AND TRAFFIC,” ARTICLE XII “SCHEDULES,” SECTION 32.1 “SCHEDULE XIV: STOP INTERSECTIONS” Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 6 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2309-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295 “VEHICLES AND TRAFFIC,” PART 10 “RESIDENTIAL PARKING PERMITS,” ARTICLE XXI “RESIDENTIAL PARKING PERMIT REQUIREMENTS”(AMENDED) Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 7 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2310-21 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Garcia and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 8 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2311-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 125 DWELLING UNITS, ARTICLE I, ILLEGAL OCCUPANCIES, SECTION 125-2, UNAPPROVED OCCUPANCY OF CELLARS PROHIBITED Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Garcia and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 9 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2312-21 ORDINANCE APPROVING THE APPLICATION FOR A LONG-TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A FINANCIAL AGREEMENT WITH PASSAIC STREET PROPERTIES URBAN RENEWAL, LLC FOR PROPERTY LOCATED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC KNOWN AS BLOCK 5000.02, LOT 1 AND BLOCK 1017, LOT 26 (FORMERLY BLOCK 5000, LOT 1) Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council President Schaer moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 10 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2313-21 ORDINANCE APPROVING A FIVE (5) YEAR TAX EXEMPTION AGREEMENT AND APPLICATION FOR 170 MYRTLE AVENUE FOR PROPERTY LOCATED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC KNOWN AS BLOCK 2170, LOT 26 Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Yousef Wolf, 24 Crescent Ave • Does public get notified of the expenses that come with 30 year tax abatement? After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Garcia and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 11 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK COMMUNICATIONS AND PETITIONS: On a motion by Council Member Schwartz and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted City of Passaic, 330 Passaic Street, submitting the following applications: • to hold a Music Concert on July 25, 2021 from 7:00pm to 9:00pm at the Veterans Memorial Park • to hold the Dominican Restoration Day Festival on August 16, 2021 from 5:00pm to 10:00pm at the Christopher Columbus Park (Contingent Upon Departmental Approval) • to hold a Festival on August 15, 2021 from 11:00am to 7:00pm on Madison Street between Hoover and Lexington Avenue (Contingent Upon Departmental Approval) • to hold a Family Festival on August 18, 19, & 20 of 2021 from 6:00pm to 10:00 and August 21 & 22 of 2021 from 3:00pm to 10:00pm at the Christopher Columbus Park and 390 Gregory Avenue (Contingent Upon Departmental Approval) • to hold a Family Festival on September 8, 9, & 10 of 2021 from 6:00pm to 10:00pm and September 11 & 12, 2021 from 3:00pm to 10:00pm at the Veterans Memorial Park (Contingent Upon Departmental Approval) • to hold a Flag Raising and Vigil on August 5, 2021 from 6:00pm to 8:00pm at the Magnus Ellen Square- Passaic City Hall Court Yard. Alianza Ecuatoriana de Passaic NJ, 705 Clifton Avenue, Clifton NJ, submitting application to hold a Flag Raising on August 1, 2021 from 12:30pm to 3:30pm at the front of Passaic City Hall Passaic Police Department, 330 Passaic Street, submitting application to hold a National Night out on August 3, 2021 from 6:00pm to 10:00pm at Passaic City Hall- William Street ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 12 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Schwartz the following communication was received placed on file and approval granted New Jersey Department of Environmental Protection submitting the following: • Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 21-07-13-1459-39 North Jersey District Water Supply Commission submitting the following: • Notice and Agenda of their July 28, 2021 Meeting Passaic Valley Water Commission submitting the following: • Agenda of their July 14, 2021 Meeting • Minutes of their June 9, 2021 Meeting • Notice of their August 11, 2021 Meeting ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel On a motion by Council Member Schwartz and seconded by Council Member Melo the following communication was received placed on file and approval granted Passaic Board of Education, submitting the following: • Notice of their July 26, 2021 Meeting ROLL CALL (VIA ZOOM) AYES: Munk Melo Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: Patel Page 13 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON AUGUST 3, 2021 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Garcia the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION # 21-08-187 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH SMITH SONDY ASPHALT CONSTRUCTION CO. FOR 2019 ROAD IMPROVEMENTS CITY OF PASSAIC WHEREAS, on June 9, 2020, the City Council of the City of Passaic adopted Resolution #20-06-161 (attached) approving a contract with Smith Sondy Asphalt Construction Co. for 2019 Road Improvements in the amount of $ 617,973.61; and WHEREAS, a change order is necessary due to increases/decreases in as built quantities and an increase in police traffic allowance amounting to a change order in the amount of $ 20,546.23 revising the contract to $ $638,519.84. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and Smith Sondy Asphalt Construction Co for 2019 Road Improvements is ratified and accepted, adjusting the contract to the revised total amount to $ 638,519.84. Page 14 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order in a form approved by the City Attorney and that the Change Order be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in DOT Account #G-02- 40-346-019-9RD CITY OF PASSAIC RESOLUTION # 21-08-188 RESOLUTION AUTHORIZING A CONTRACT WITH MRC FOR FURNISHING, DELIVERY, AND INSTALLATION OF FITNESS EQUIPMENT GRIFFIN LATONA PARK WHEREAS, the City of Passaic wishes to enter into a contract with MRC for Furnishing, Delivery and Installation of Fitness Equipment at Griffin Latona Park, NJ offered under the Educational Services Commission Cooperative Purchasing System Contract #ESCNJ 20/21-06; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under Cooperative Pricing System entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the cost for this equipment is $ 114,049.35 inclusive of installation; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to MRC, Spring Lake, NJ in the amount of $ 114,049.35. Page 15 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Open Space Acct. # G-02-40-021-OS1-020 CITY OF PASSAIC RESOLUTION #21-08-189 RESOLUTION AUTHORIZING A CONTRACT WITH RUBBERECYCLE FOR FURNISHING, DELIVERY AND INSTALLATION OF RUBBERCYCLE RUBBERBOND SURFACE AND CURBS GRIFFIN LATONA PARK WHEREAS, the City of Passaic wishes to enter into a contract with RubbeRecycle, Lakewood, NJ for Furnishing, Delivery and Installation of Rubbercycle Rubberbond Surface and Curbs at Griffin Latona Park, offered under the NJ State Contract #16-FLEET-00131; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the cost for this equipment is $ 62,173.00 inclusive of installation; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to RubbeRecycle, Lakewood, NJ in the amount of $ 62,173.00 inclusive of installation. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. Page 16 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CERTIFICATION OF FUNDS Funds for the above are available in Open Space Acct. #G-02-40-021-OS1-020. CITY OF PASSAIC RESOLUTION NO._21-08-190 RESOLUTION AWARDING CONTRACT FOR PREVENTATIVE MAINTENANCE AND EMERGENCY REPAIR FOR FIRE APPARATUS SERVICES WHEREAS, bids were received by the Director of Purchasing on Thursday, July 15, 2021 for Preventative Maintenance and Emergency Repair for Fire Apparatus Services Fire Department; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic's website as follows, none of whom submitted bids: Constructconnect Prime Vendor VISUAL Campbell Freight Cincinnati, OH Wilmington, NC Coimbatore, TN So. Brunswick, NJ Bidnet Tech Zone The Blue Book Latham, NY Coimatore, TN Jefferson Valley, NY WHEREAS, the lowest responsible, responsive bid was received from Fire & Safety Services of South Plainfield, NJ; and WHEREAS, the contract is for a period of One (1) Year with the option to renew the contract for an additional one (1) two year term or two (2) one year terms with the same terms and conditions. WHEREAS, it is the recommendation of the Fire Chief, Patrick Trentacost that the contract be awarded to Fire & Safety Services of South Plainfield, NJ Page 17 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Preventative Maintenance and Emergency Repair for Fire Apparatus Services be awarded to Fire & Safety Services of South Plainfield, NJ in an amount not to exceed $50,000.00/year with the hourly rate of $80.00/hr. for both emergency and non-emergency repair work. 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 Fire Maintenance Motor Vehicle Account #1-01-25-265-020-025. CITY OF PASSAIC RESOLUTION NO._21-08-191 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR AND ACCEPTANCE OF THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY DRIVE SOBER OR GET PULLED OVER STATEWIDE LABOR DAY CRACKDOWN GRANT 2021 WHEREAS, the City of Passaic wishes to submit an application for and subsequently accept the Drive Sober or Get Pulled Over Statewide Labor Day Crackdown Grant Program (“Program”) being offered through the New Jersey Division of Highway Traffic Safety (“DHTS”); and WHEREAS, the grant award from the Program shall be budgeted for matters supporting local and county law enforcement agencies for officer overtime details in an attempt to reduce the number of drunk driving motor vehicles, injuries and fatalities on the roads of New Jersey; and Page 18 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, there is a formula-based allocation associated with the Program of a $60/hour maximum overtime rate for officer reimbursement of up to one hundred (100) hours for departments without allocations; and WHEREAS, the City of Passaic wishes to apply for and accept the maximum grant award being allotted through this Program for the project period of August 20, 2021 through September 6, 2021. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application for the New Jersey Division of Highway Traffic Safety Drive Sober or Get Pulled Over Statewide Labor Day Crackdown Grant Program subject to the terms and conditions set forth in the grant guidance and thereafter accept all awarded funds; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and Business Administrator are hereby authorized and directed to execute any documents, inclusive of the Grant Agreement, and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 21-08-192 RESOLUTION RE: GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT WHEREAS, NJ.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year December 31, 2020 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, Page 19 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, R.S.52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated NJ.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations, and. WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C'. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S.52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor Page 20 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Passaic, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. CITY OF PASSAIC RESOLUTION NO. 20-08-193 RESOLUTION TO APPROVE THE CORRECTIVE ACTION PLAN FOR THE CALENDAR YEAR 2020 AUDIT REPORT OF THE CITY OF PASSAIC WHEREAS, the Division of Local Government Services requires the Chief Financial Officer to file “Corrective Action Plan”, attached hereto, outlining the actions to be taken by the City relative to the findings and recommendations in the annual report, and WHEREAS, the “Corrective Action Plan” shall be prepared by the Chief Financial Officer with assistance from other officials affected by the audit findings and recommendations, and WHEREAS, the governing body of the is required by resolution, to approve said “Corrective Action Plan”, and WHEREAS, the “Corrective Action Plan”, as prepared by the Chief Financial Officer and approved by the governing body, shall be placed on file and made available for public inspection in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Passaic hereby approves the “Corrective Page 21 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Action Plan” for the calendar year 2020 Audit Report submitted by the Chief Financial Officer. CITY OF PASSAIC RESOLUTION NO._21-08-194 RESOLUTION AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE TRANSPORTATION ALTERNATIVES DESIGN ASSISTANCE GRANT FOR THE FINAL DESIGN (FD) PHASE FOR THE MARKET STREET STREETSCAPE WHEREAS, the City of Passaic has received grant funding from the New Jersey Department of Transportation for the Market Street Streetscape Project and WHEREAS, the proposed streetscape improvements are anticipated to include pedestrian scale lighting, gateway enhancements and recommendations for streetscape elements such as street furniture, etc. to enhance the experience within the City of Passaic and promote economic revitalization; and WHEREAS, the City sought additional funding from NJDOT for Design Assistance for the implementation of the Final Design (FD) Phase for the Market Street Streetscape under the Transportations Alternatives Grant; and WHEREAS, on June 3, 2021, the NJDOT authorized funding the Final Design (FD) Phase with a modification amount of $57,912.20 for the Final Design (FD) Phase to increase the present agreement total amount to $141,024.20 for the Market Street Streetscape; and WHEREAS, the scope of the additional work for the funding includes Final Design (FD) Activities only; and WHEREAS, Preliminary Engineering (PE) activities have been completed; Page 22 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept granting funding from the New Jersey Department of Transportation for the Final Design (FD) Phase of the Market Street Streetscape from Transportation Alternatives Set-Aside Grant Program in the total amount of $141,024.20, subject to the terms and conditions set forth in the Grant Agreement; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate receipt of these funds; and BE IT FURTHER RESOLVED that a certified copy of this resolution shall be provided by the City Clerk to the Mayor, Business Administrator, Purchasing Agent, Chief Financial Officer, City Attorney and New Jersey Department of Transportation. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO._2314-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 317, “ZONING,” ARTICLE VII, “OFF-STREET PARKING AND ZONING,” SECTION 25, “STANDARDS FOR PARKING SPACES AND PARKING AREAS” WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and Page 23 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 317, “Zoning,” Article VII, “Off-Street Parking and Zoning,” Section 25, “Standards for Parking Spaces and Parking Areas” establishes the standards for parking spaces and parking areas in the City of Passaic; and WHEREAS, in the interest of the promotion of the general welfare, the City of Passaic wishes to amend the City Code of the City of Passaic, Chapter 317, “Zoning,” Article VII, “Off-Street Parking and Zoning,” Section 25, “Standards for Parking Spaces and Parking Areas.” NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 317, “Zoning,” Article VII, “Off-Street Parking and Zoning,” Section 25, “Standards for Parking Spaces and Parking Areas” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I 317-25. Standards for parking spaces and parking areas. N. In a residence district, the following motor vehicles and boats shall not be parked or left standing in any yard area or on a driveway: (1) Unregistered and/or damaged inoperable motor vehicles of any type or design. (2) Buses. Unless it is the residence of the owner or operator of the vehicle. Page 24 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK (3) Trucks, tractors and commercial trailers, meaning every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than part of the weight of the vehicles and load to be drawn. Unless it is the residence of the owner or operator of the vehicle. (4) Trucks, meaning every motor vehicle designed, used or maintained primarily for the transportation of property; provided, however, that this restriction shall not apply to trucks being used in the rendering of services to the premises. Unless it is the residence of the owner or operator of the vehicle. (5) Nothing herein shall prohibit the storing or garaging of commercial vehicles having a capacity of 3/4 of a ton or less in an enclosed garage. (6) For further regulations pertaining to trailers, motor homes and boats see Article X, § 317-53. SECTION II If any section or 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 to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Page 25 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council President Schaer the public hearing be held on September 9, 2021. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE #2315-21 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 434 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 429 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 # 26 Burgess Place North Beginning at a point 333 W72GCJ feet west of the westerly curbline of Lexington Avenue and extending to a Page 26 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK point 22 feet westerly therefrom 151 Burgess South Beginning at a point 188 Z35ARR Place feet east of the easterly curbline of Federal Street and extending to a point 22 feet easterly therefrom 100 Brook Avenue North Beginning at a point 157 U80LFV feet west of the westerly curbline of Spring Street and extending to a point 22 feet westerly therefrom 485 Brook Avenue West Beginning at a point 230 Z61KNW feet south of the southerly curbline of Broadway and extending to a point 21 feet southerly therefrom 51 Fourth Street West Beginning at a point 133 C84HLX feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 52 Fourth Street East Beginning at a point 141 S79GNT feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 99 Gregory West Beginning at a point 284 2038HC Avenue feet east of the easterly curbline of Pennington Avenue and extending to a point 23 feet easterly therefrom Page 27 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 103 Highland South Beginning at a point 35 N76MCC Avenue feet west of the westerly curbline of Allen Street and extending to a point 22 feet westerly therefrom 240 Lafayette East Beginning at a point 212 W24CNT Avenue feet north of the northerly curbline of Passaic Avenue and extending to a point 22 feet northerly therefrom 179 Madison South Beginning at a point 133 9606HD Street feet west of the westerly curbline of Hamilton Avenue and extending to a point 22 feet westerly therefrom 283 Madison South Beginning at a point 149 8109HG Street feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 183 Ninth Street West Beginning at a point 191 R47GCP feet north of the northerly curbline of Passaic Street and extending to a point 22 feet northerly therefrom 165 Passaic South Beginning at a point 67 HY9520 Street feet west of the westerly curbline of Third Street and extending to a point 22 feet westerly therefrom 16 Pearl Street East Beginning at a point 157 E80DDX feet north of the northerly curbline of Mineral Spring Avenue and Page 28 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK extending to a point 22 feet northerly therefrom 85 Pennington South Beginning at a point 50 F61CLE Avenue feet east of the easterly curbline of Paulison Avenue and extending to a point 22 feet easterly therefrom 170 President East Beginning at a point 315 USV45B Street feet west of the westerly curbline of Van Winkle Avenue and extending to a point 18 feet westerly therefrom 16 Van Buren North Beginning at a point 201 H27LWT Street feet west of the westerly curbline of Park Avenue and extending to a point 20 feet westerly therefrom 23 Vineyard West Beginning at a point 273 LE52GB Place feet north of the northerly curbline of Broadway and extending to a point 22 feet northerly therefrom 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 # 100 Brook Avenue North Beginning at a point 157 L48KXL feet west of the westerly curbline of Spring Street and extending to a point 22 feet westerly therefrom Page 29 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 485 Brook Avenue West Beginning at a point 230 F95NUA feet south of the southerly curbline of Broadway and extending to a point 21 feet southerly therefrom 61 Essex Street South Beginning at a point 67 G23KSN feet west of the westerly curbline of Market Street and extending to a point 22 feet westerly therefrom 51 Fourth Street West Beginning at a point 133 L33NUD feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 52 Fourth Street East Beginning at a point 141 3912HH feet south of the southerly curbline of Essex Street and extending to a point 20 feet southerly therefrom 103 Highland South Beginning at a point 35 S26NTZ Avenue feet west of the westerly curbline of Allen Street and extending to a point 22 feet westerly therefrom 179 Madison South Beginning at a point 133 3926HH Street feet west of the westerly curbline of Hamilton Avenue and extending to a point 22 feet westerly therefrom 183 Ninth Street West Beginning at a point 191 M11NPP feet north of the northerly curbline of Passaic Street and Page 30 of 32  Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK extending to a point 22 feet northerly therefrom 85 Pennington South Beginning at a point 50 B32MDJ Avenue feet east of the easterly curbline of Paulison Avenue and extending to a point 22 feet easterly therefrom 170 President East Beginning at a point 315 K44NSZ Street feet west of the westerly curbline of Van Winkle Avenue and extending to a point 18 feet westerly therefrom St. Francis Way East Beginning at a point 254 Y84KUD feet south of the southerly curbline of Passaic Street and extending to a point 22 feet southerly therefrom 16 Van Buren North Beginning at a point 201 9842HG Street feet west of the westerly curbline of Park Avenue and extending to a point 20 feet westerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on September 9, 2021. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 31 of 32 Passaic City Council August 3, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Garcia, the PAYMENT OF BILLS was accepted and approved. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ADMINISTRATOR’S REPORT Passaic audit had 4 findings and received a SMP bond rating of A+. MAYOR’S REPORT Mayor Lora thanked Assemblyman Schaer for his significant contribution leading to signing of NJ bill protecting children from lead. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Garcia the meeting was adjourned at 9:09 p.m. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 32 of 32