City Council

City of Passaic New Jersey Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ON TUESDAY, DECEMBER 21, 2021 AT 7:00 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 22, 2021 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2021- 2022, 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 VIRTUALLY STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON DECEMBER 09, 2021 ON THE CITY OF PASSAIC WEBSITE AT www.cityofpassaic.com (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: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Christopher K. Harriott, Esq., City Attorney Invocation was rendered by Council Member Melo, followed by the Pledge of Allegiance. MAYOR’S UPDATE Mayor Hector C. Lora updated the council and residents on the following: • Passaic residents vaccinated: • 12 years and over: 90% • 18 and over: 91 • 65 and over: 100% • 80 and over: 87% Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK • Free Covid testing and vaccines are available every Wednesday from 10am-3pm at 333 Passaic Street. • Food distribution continues on Wednesdays. • Parade of lights ran for 4 hours throughout the city. • Passaic will celebrate the New Year with a pinata drop, live band and food trucks on December 31 from 8pm to 12am. • Because of the Omicron variant spiking, some indoor events may be postponed. • Instructional soccer for 2 years up to age 12 begins. • Regular garbage pickup and recycling will continue through holiday period. MINUTES Council Meeting Minutes for November 23, 2021 were submitted for approval. Upon motion made by Council Member Schwartz and seconded by Council Member Garcia the aforementioned meeting minutes were approved. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel 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, Page 2 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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. Maria Galicia, 290 Oak Street • What does the funding for Passaic animal shelter cover? Aryeh Mack, 187 Howard Ave • The time is incorrect on Item no 4 of the agenda, pinata After ample opportunity given and no one else responding on a motion by Council Member Garcia and seconded by Council Member Melo the public portion of the meeting was adjourned. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel 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. 2329-21 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 295 OAK STREET, 291-293 OAK STREET AND 199 GROVE STREET (BLOCK 2172.01 LOTS 68, 71 AND 74) WHICH IS LOCATED AT AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY 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 Page 3 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Council Member Garcia 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. Vote was withdrawn based on the following additional information from the Planning Board that was not included in council’s packet: 1 - Affordable units should be a mixed unit type 2 - Development of mixed unit type should also include single bedrooms Council President Schaer called for a motion to accept on verbal communication as amended by the Business Administrator. Council Member Garcia 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: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Page 4 of 36 Passaic City Council December 21, 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. 2330-21 AMENDING ORDINANCE #2034-15 REGARDING RATES FOR THE SANITARY WASTE WATER COLLECTION SYSTEM Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Schwartz, 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: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel On a motion by Council President Schaer and seconded by Council Member Garcia the ordinance was tabled to meeting on January 11, 2022 council meeting. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2331-21 AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Schwartz, 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 Page 5 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Council Member Schwartz 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: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel COMMUNICATIONS AND PETITIONS: On a motion by Council Member Melo and seconded by Council President Schaer the following communications and petitions were received placed on file and approval granted City of Passaic submitting the following applications: • New Year’s Eve Pinata Drop on December 31, 2021 at Main Ave Parking Lot (In front of 663 Main Ave) - 08:00pm-1:30pm 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. Page 6 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK North Jersey District Water Supply Commission submitting the following: • December 15, 2021 Notice of Meeting Revision • December 15, 2021 Meeting Agenda New Jersey Department of Environmental Protection submitting the following: • Re: Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 21-12-08-1458-29 Redevelopment Agency submitting the following: • December 16, 2021 meeting Notice • September 15, 2021 Minutes City of Passaic Municipal Court Report For November 2021 Parking Authority of the City of Passaic, submitting the following: • July 14, 2021 Reorganization Minutes • December 15, 2021 Meeting Agenda Hector C. Lora, Mayor, submitting the following: • Memorandum reappointing Ronald Van Rensalier to the Passaic Valley Water Commission, term to commence on January 1,2022 and expire December 31, 2025 Alcoholic Beverage Control Board, submitting the following: • January 21, 2021 Minutes • February 18, 2021 Minutes • March 18, 2021 Minutes • May 20, 2021 Minutes • June 24, 2021 Minutes • September 23, 2021 Minutes ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Page 7 of 36 Passaic City Council December 21, 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 DECEMBER 21, 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 Melo and seconded by Council Member Schwartz the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 21-11-340 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR PARKER AVENUE PASSAIC, NEW JERSEY WHEREAS, on August 24, 2021, there was a sanitary sewer collapse on Parker Avenue, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer collapse posed a serious potential for a health and safety hazard; and WHEREAS, Delgado Brothers Plumbing & Heating of Passaic, NJ was contracted to repair the Sanitary Sewer Line in the amount of $ 18,824.80; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating of Passaic, NJ be made in the amount of $18,824.80. Page 8 of 36 Passaic City Council December 21, 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 Account # G-02- 40-021-ARP-020 CITY OF PASSAIC RESOLUTION NO. 21-11-341 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR THIRD WARD PARK MCDANOLDS BROOK (INSIDE BROOK) PASSAIC, NEW JERSEY WHEREAS, on September 2, 2021, there was a sanitary sewer collapse in Third Ward Park inside the Brook, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, Joseph Golden, that this sanitary sewer collapse posed a serious potential for a health and safety hazard; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, Delgado Brothers Plumbing & Heating of Passaic, NJ was contracted to replace 8” Sanitary Main Sewer Line, 40 LF PVC pipe encased in concrete and bypass pumping in the amount of $ 52,250.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating of Passaic, NJ be made in the amount of $52,250.00.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02- 40-021-ARP-020 Page 9 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-342 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR THIRD WARD PARK AT PASSAIC AVENUE CULVERT PASSAIC, NEW JERSEY WHEREAS, on September 2, 2021, there was a sanitary sewer collapse in Third Ward Park at Passaic Avenue Culvert, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, Joseph Golden, that this sanitary sewer collapse posed a serious potential for a health and safety hazard; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, Delgado Brothers Plumbing & Heating of Passaic, NJ was contracted to replace 6” PVC /90 LF, Replace Man Hole and By-Pass Pumping of Stream water in the amount of $ 29,000.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating of Passaic, NJ be made in the amount of $29,000.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02- 40-021-ARP-020 Page 10 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Melo Schwartz CP Schaer ABSTAIN: Garcia ABSENT: Munk Love Patel THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Garcia and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 21-11-343 RESOLUTION CONSENTING TO THE URBAN ENTERPRISE ZONE 2022 ADMINISTRATION BUDGET WHEREAS, the Passaic Enterprise Zone Development Corporation (PEZDC) administers the Urban Enterprise Zone Program within the City of Passaic: and, WHEREAS, on December 7, 2021, the Passaic Enterprise Zone Development Corporation (PEZDC) approved a resolution adopting a 2022 Administrative Budget for the period of January 1, 2022 through December 31, 2022 in the amount of $286,182; and WHEREAS, The Passaic Enterprise Zone Development Corporation has sufficient funds to meet the adopted 2022 Administrative Budget. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the 2022 UEZ budget (attached) in an amount up to $286,182 for the period January 1, 2022 through December 31, 2022. Page 11 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-344 RESOLUTION CONSENTING TO THE USE OF URBAN ENTERPRISE ZONE FUNDS FOR THE CLEAN SWEEP PROJECT 2022 WHEREAS, litter abatement continues to be a priority issue for the City; and WHEREAS, the existing UEZ sponsored litter project has been well received and effective; and WHEREAS, additional measures are needed to further improve litter abatement efforts; AND WHEREAS, the Board of the Passaic Enterprise Zone Development Corporation at their December 7, 2021 meeting has adopted a resolution providing for the use of $245,185 of funds for the clean sweep program during calendar year 2022. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council consents to the clean sweep project as proposed by the Passaic Enterprise Zone Development Corporation resolution providing for the use of $245,185 of funds for calendar year 2022. CITY OF PASSAIC RESOLUTION NO. 21-11-345 RESOLUTION CONSENTING TO THE USE OF URBAN ENTERPRISE ZONE FUNDS FORTHE GRAFFITI ERADICATION PROJECT 2022 WHEREAS, the Passaic Enterprise Zone Development Corporation has established cleanliness as a priority goal and graffiti abatement as a priority project; and, Page 12 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the existing UEZ sponsored Graffiti Eradication project has been well received and effective; and WHEREAS, additional measures are needed to further improve graffiti eradication efforts; and, WHEREAS, the Board of the Passaic Enterprise Zone Development Corporation at their meeting of December 7, 2021 has adopted a resolution providing for the use of $94,000 of funds for Graffiti Eradication during calendar year 2022. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council consents to the Graffiti Eradication project as proposed by the Passaic Enterprise Zone Development Corporation resolution providing for the use of $94,000 of funds for calendar year 2022. CITY OF PASSAIC RESOLUTION NO. 21-11-346 RESOLUTION AUTHORIZING 2022 INTERLOCAL SERVICES AGREEMENT WITH PASSIAC ENTREPISE ZONE DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT REPRESENTATIVE WHEREAS, the City of Passaic maintains the position of Economic Development Representative; and WHEREAS, the Economic Development Representative is the long-time Zone Coordinator of the Passaic Enterprise Zone Development Corporation (PEZDC); and WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and Page 13 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Economic Development Representative for approximately two- thirds of that employee’s time; and WHEREAS, sharing the time of the Economic Development Representative between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their December 7, 2021 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Economic Development Representative. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Economic Development Representative providing the City with a payment of up to $84,046 for the period January 1, 2022 through December 31, 2022 for the services of the Economic Development Representative. CITY OF PASSAIC RESOLUTION NO. 21-11-347 RESOLUTION AUTHORIZING 2022 INTERLOCAL SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR COMMUNITY SERVICE WORKER WHEREAS, the City of Passaic maintains the position of Community Service Worker; and WHEREAS, Wilfredo Baez is the long-time Director of the Downtown Merchants Corporation (DMC); and Page 14 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the DMC conducts programs to maintain cleanliness in the City’s business corridor; WHEREAS, The DMC desires to utilize the services of the Community Service Worker, and WHEREAS, sharing the time of the Community Service Worker between both the City and the DMC will result in efficiencies to both organizations; WHEREAS, the City and DMC have had a successful history of sharing employees in a similar manner; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the DMC for the services of the Community Service Worker, providing the City with a payment of up to $50,619.00 for the period January 1, 2022 through December 31, 2022. CITY OF PASSAIC RESOLUTION NO. 21-11-348 2022 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR LABORERS WHEREAS, City of Passaic and Downtown Merchants Corporation (“DMC”) wish to enter into the attached shared services agreement pursuant to NJSA 40A:65-1, et.seq.; and WHEREAS, under the attached shared services Agreement the City will furnish its Laborer to the DMC to provide services to the DMC for thirty five (35) hours per week for the period January 1, 2022 through December 31, 2022; and Page 15 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the DMC will pay the City of Passaic $ 31,200 pro-rated, in exchange for such services. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a Shared Service Agreement with the Downtown Merchants Corporation for furnishing of its Laborer to the Downtown Merchants Corporation to provide services for the period of January 1, 2022 through December 31, 2022, subject to the terms and conditions thereof; and BE IT FURTHER RESPOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed shared services Agreement shall be forwarded to the Downtown Merchants Corporation to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the Executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to NJSA 40A:65-4. CITY OF PASSAIC RESOLUTION NO. 21-11-349 RESOLUTION AUTHORIZING 2022 INTERLOCAL SERVICES AGREEMENT WITH PASSIAC ENTREPISE ZONE DEVELOPMENT CORPORATION FOR BUSINESS ADMINISTRATOR WHEREAS, the City of Passaic maintains the position of Business Administrator; and WHEREAS, the Business Administrator has also served as Executive Director of the Passaic Enterprise Zone Development Corporation (PEZDC); and Page 16 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Business Administrator on a part-time basis; and WHEREAS, sharing the time of the Business Administrator between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their December 7, 2021 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Business Administrator. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Economic Development Representative providing the City with a payment of up to $50,177 for the period January 1, 2022 through December 31, 2022 for the services of the Business Administrator. CITY OF PASSAIC RESOLUTION NO. 21-11-350 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FEDERAL EMERGENCY MANAGEMENT (FEMA) AGENCY ASSISTANCE TO FIREFIGHTERS GRANT (AFG) PROGRAM WHEREAS, the City of Passaic wishes to submit an application for the Assistance to Firefighter Grant Program (“Program”); and Page 17 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the Department of Homeland Security Appropriations Act of 2019 includes $414,000,000 for the program; and WHEREAS, the amount of $414,000,000 will assist first-responders organizations that need support to improve their capability to respond to fires and emergencies of all types under the Program; and WHEREAS, the grant currently available is for equipment, operation and safety and vehicle acquisition; and WHEREAS, the purpose of the Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards; and WHEREAS, the Program provides direct financial assistance to eligible fire departments, nonaffiliated emergency medical service organizations, and State Fire Training Academies; and WHEREAS, the funds provided shall provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience; and WHEREAS, the City of Passaic is eligible to apply for funding through this Program; and NOW THEREFORE BE IT RESOLVED, by the City Council of Passaic that the City of Passaic is hereby authorized to submit an application for the Assistance to Firefighters Grant Program; and Page 18 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-351 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR EMERGENCY DEMOLITION OF GARAGE STRUCTURE 214 BURGESS PLACE WHEREAS, on August 24, 2021, the Construction Official, Alberto Ventura, determined that the Garage Structure at 214 Burgess Place, Passaic, NJ was an unsafe structure and posed a safety hazard; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, TNS, of Stanhope, NJ was contracted to demolish the structure; and WHEREAS, the cost for the demolition is $ 28,000.00 and the grading of the backyard is $ 2,000.00 for a total cost of $ 30,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to TNS of Stanhope, NJ in the amount of $ 30,000.00 is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #1-01-22- 195-000-028. CITY OF PASSAIC RESOLUTION NO. 21-11-352 RESOLUTION AWARDING CONTRACT FOR LEAD ABATEMENT PROGRAM CONSULTANT SERVICES CITY OF PASSAIC Page 19 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, proposals were received by the Department of Purchasing on Thursday, November 4, 2021, for Lead Abatement Program Consultant Services; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq; and WHEREAS, the City of Passaic was awarded a grant in the amount of $166,877.00 for a Lead Abatement Program; and WHEREAS, proposals were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Oasis LEW Corporation Suburban Consulting Engineering, Inc Paterson, NJ Mine Hill, NJ Flanders, NJ AA Berms LLC Atlas Technical A. Molly Restoration & Remediation Belleville, NJ Burlington, NJ Fairfield, NJ WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Lead Abatement Program Consultant Services be awarded to Mandell Lead Inspectors, Inc., of Totowa, NJ, in the amount not to exceed $16,687.70 for the period January 1, 2022, through June 30, 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Lead Abatement Program Consultant Services be awarded to Mandell Lead Inspectors, Inc., of Totowa, NJ in the amount not to exceed $ $16,687.70 January 1, 2022, through June 30, 2022. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the city attorney. Page 20 of 36 Passaic City Council December 21, 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 Municipal Lead Abatement Grant 2020 Funding Account # G-02-40-021-MLA- 011 contingent upon approval by the Governing Body. CITY OF PASSAIC RESOLUTION NO. 21-11-353 RESOLUTION TO ACKNOWLEDGE AWARD OF CONTRACT FOR BULK NATURAL GAS SUPPLY SERVICE BY THE PASSAIC COUNTY ENERGY COOPERATIVE PRICING SYSTEM BID SB#21-059 WHEREAS deregulation of the nation’s energy markets have provided opportunities to save money by procuring natural gas through a competitive process; and WHEREAS, Passaic County established a purchasing cooperative as authorized by N.J.S.A. 40A:11-11 to achieve these cost savings; and WHEREAS, the City of Passaic is a participating member of the cooperative; and WHEREAS, the County of Passaic, as “lead agency” pursuant to N.J.A.C. 5:34-7.1 et seq., issued a public solicitation to qualified vendors for the Passaic County Energy Regional Cooperative Pricing System (Division of Local Government Services Identifier # SB#21-059 bid for Natural Gas Supply Service; and WHEREAS, this cooperative undertook all procurement efforts in accordance with “Fair and Open” procedures as established in the Pay-to-Play” Law, N.J.S.A. 19:44A-20.4, et seq.; and WHEREAS, the County of Passaic, Department of Purchasing has reviewed and tabulated the proposals/bids as received on October 26,2021 pursuant to N.J.S.A. 40A: Page 21 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 11-1 et. Seq., and has made a recommendation to the Board of Chosen Freeholders for an award of contract for natural gas supply service to UG; and WHEREAS, the County of Passaic Energy Cooperative Pricing System has entered into a natural gas supply service agreement to UGIES, of Wyomissing, PA for a contract period December 1, 2021 through November 30, 2024, pursuant to the memorandum dated November 5, 2021 attached hereto; and WHEREAS, the City of Passaic will have a projected term savings of $ 26,565.26; and NOW THEREFORE BE IT RESOLVED by the City of Passaic that pursuant to the terms and conditions set forth above, it hereby acknowledges and accepts the award of contract to UGIES, LLC of Wyomissing, PA for the Passaic County Regional Energy Cooperative Pricing System, Natural Gas Supply Service for Fixed Basis Upcharge price at $2.17000 per dekatherm for accounts within PSE&G service territory. CERTIFICATION OF FUNDS Funds for the above are available in Electric/Gas Acct. #1-01-31-430-000-079. Funds for the subsequent budget is available, providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION NO. 21-11-354 RESOLUTION AUTHORIZING A CONTRACT WITH SUPER LAUNDRY EQUIPMENT CORP. NJ FOR THE PURCHASE ONE (1) UNIMAC WASHER AND DRYER UNIT FIRE DEPARTMENT Page 22 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, bids were received by the Director of Purchasing, on Wednesday December 8, 2021, for the purchase One (1) Unimac Washer and Dryer; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City’s website, none of whom submitted bids: Prime Vendor ConstructConnect Onvia Wilmington, NC Cincinnati, OH Seattle, WA NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Super Laundry Equipment Corp, Carlstadt, NJ in the amount of $22,899.00. 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 American Rescue Plan Federal Funding Account # G-02-40-021-ARP-020. CITY OF PASSAIC RESOLUTION NO. 21-11-355 RESOLUTION AWARDING CONTRACT FOR BULK ROCK SALT 2021-2022 WINTER SEASON WHEREAS, the City of Passaic and the County of Passaic have entered into a Cooperative Purchasing Pricing agreement for certain supplies; and WHEREAS, the City of Passaic desires to purchase bulk rock salt utilizing the Passaic County Cooperative Pricing System; and Page 23 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the bid received under the Passaic County Cooperative Pricing System from Morton Salt, Chicago, IL, is the lowest responsible, responsive bid at $ 66.54/ton, for approximately 3000 tons at a not to exceed amount of $ 199,620.00 effective December 1, 2021 through November 30, 2022; and WHEREAS, for an additional pricing comparison the Morris County Coop pricing was compared and found that the low bidder for delivery of rock salt to Passaic County was $84.98/ton; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract be awarded to Morton Salt, Chicago, IL at a price of $ 66.54/ton, for approximately 3000 tons for a not to exceed amount of $199,620.00 effective December 1, 2021 through November 30, 2022; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City hereby award the contract for Bulk Rock Salt to Morton Salt, Chicago, IL at a price of $ 66.54/ton, for approximately 3000 tons for a not to exceed amount of $199,620.00. BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total quantity of rock salt from Morton Salt, Chicago, IL. These commodities will be ordered on an as needed basis; and BE IT FURTHER RESOLVED by the City Council that the Mayor and City Clerk are authorized to execute a contract for same, on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Funds are available for the above in Acct. #1-01-26- 290-000-131 and subsequent 2022 budget pending approval by the City Council Page 24 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-356 RESOLUTION REJECTING BIDS FOR SNOW PLOWING/REMOVAL SERVICES 2021-2022 CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Thursday, December 2, 2021, for; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: AA Berms Cute Rate Landscapes Marini Brothers Construction Belleville, NJ Morristown, NJ Hackensack, NJ WHEREAS, the bid received exceeds the budget appropriation; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that this bid be rejected. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid received from Smith Sondy of Wallington, NJ on Thursday, December 2, 2021, for Snow Plowing/Removal services 2021-2022 be rejected and re- advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Snow Plowing/Removal Services 2021-2022 be rejected. Pursuant to N.J.S.A. 40A:11-5 (option to Negotiate) between the two (2) bidders, Delgado Brothers General Contractors, LLC of Passaic, NJ and Smith Sondy Asphalt of Wallington, NJ that were rejected due to their bids exceeding the budget appropriation. Page 25 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-357 RESOLUTION – BUDGET TRANSFERS CALENDAR YEAR 2021 BE IT RESOLVED by the City Council of the City of Passaic in the County of Passaic and State of New Jersey, that, the following transfers are to be made from the Calendar Year 2021 Municipal Budget Appropriations: FROM TO Police SW 1,075,000.00 Cap.Out.-Gun Rng. OE 170,000.00 General Admin. OE 10,000.00 Legal OE 20,000.00 Solid Waste Coll. OE 275,000.00 Vehicle Maint. OE 20,000.00 Health SW 90,000.00 Health OE 10,000.00 Tipping Fees OE 650,000.00 Cap.Out.-Parks&Rds OE 170,000.00 TOTAL 1,245,000.00 1,245,000.00 CITY OF PASSAIC RESOLUTION NO. 21-11-358 RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE FOR LITIGATION CAPTIONED CHASAN LAMPARELLO MALLON & CAPUZZO V. CITY OF PASSAIC, DOCKET NUMBER PAS-L-2815-21 WHEREAS, CITY OF PASSAIC, 330 Passaic Street, Passaic, New Jersey (hereinafter “PASSAIC”), and CHASAN LAMPARELLO MALLON & CAPUZZO, P.C., 300 Lighting Way, Suite 200, Secaucus, New Jersey (hereinafter “CHASAN”) (collectively hereinafter the “PARTIES”) entered into contract(s) for legal advice and representation in tax appeals and related litigation (“Contracts”); and Page 26 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, CHASAN submitted to PASSAIC a letter dated July 26, 2021 seeking to collect a debt of $30,765.31 for unpaid legal fees arising from the Contracts; and WHEREAS, a dispute subsequently arose between the PARTIES regarding the cost of these legal services; and WHEREAS, CHASAN filed a Complaint in the Superior Court of New Jersey, Law Division, Passaic Vicinage under Docket No. PAS-L-2815-21 seeking $30,765.31 in damages for work performed under the Contracts (“Litigation”); and WHEREAS, the PARTIES desire to avoid the cost, uncertainty and delay that would result from the Litigation and have entered into the attached Settlement Agreement and Release under which the CITY will pay to CHASAN $20,000.00 in exchange for the release of any and all claims made and/or that may have arisen between and among the PARTIES. 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 Settlement and Release Agreement with CHASAN LAMPARELLO MALLON & CAPUZZO, P.C., 300 Lighting Way, Suite 200, Secaucus, New Jersey for payment of $20,000.00 in full and final payment of all amounts due and owed under the Contracts alleged in the Litigation; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and City Attorney are hereby authorized and directed to execute the attached Settlement and Release Agreement as well as any other documents necessary to effectuate the purpose of this Resolution. Page 27 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 21-11-359 RESOLUTION APPROVING THE APPLICATION OF THE CITY OF PASSAIC TO HOLD A NEW YEAR’S EVE CELEBRATION WITH SALE AND CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY WHEREAS, the City of Passaic has made an application to hold a New Year’s Eve Celebration from December 31, 2021 at 8:00 p.m. to 1:00 a.m. on January 1, 2022, at 663 Main Avenue, Passaic, New Jersey; and WHEREAS, the City’s New Year’s Eve Celebration also involves the use and temporary closing of certain City streets as is set forth in the application; and WHEREAS, the City of Passaic seeks approval of its application, including permission to sell alcohol for immediate consumption in a public place at the City’s New Year’s Eve Celebration by and through a partnership with Hamlet Entertainment, LLC d/b/a Mama Sushi; and WHEREAS, pursuant to Chapter 75-24 of the City Code of the City of Passaic the City Council, for good cause shown, may permit the consumption of alcoholic beverages in public areas by a resolution of the City Council, upon the written request of an organization to the Council, and which resolution shall state the hours within which such permission is granted and location where such permission shall be in force and such other terms and conditions as established by the City Council; and WHEREAS, Mama Sushi has applied to the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control for a Permit to Extend Licensed Premises to allow for the sale of alcoholic beverages for immediate consumption at the City’s New Year’s Eve Celebration, subject to strict compliance with the express conditions as set forth therein; and WHEREAS, the City Council’s approval of the City’s application is expressly contingent upon approval of the Petition to Extend Licensed Premises Permit by the State Page 28 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic’s application to hold a New Year’s Eve Celebration from December 31, 2021 at 8:00 p.m. to 1:00 a.m. on January 1, 2022, at 663 Main Avenue, Passaic, New Jersey which will include the sale of alcohol in a public place, is hereby approved subject to strict compliance with the following conditions: 1. The sale of alcoholic beverages by the glass or other open receptacles at the above-captioned event shall be for immediate consumption in a confined area(s) of the New Year’s Eve Celebration between the hours of 8:00 p.m. on December 31, 2021 and 1:00 a.m. on January 1, 2022. All advertisements related to the New Year’s Eve Celebration, including but not limited to tickets, must include the Special Permit No. issued by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, and the Special permit shall be conspicuously displayed at the New Year’s Eve Celebration. 2. Hamlet Entertainment, LLC d/b/a Mama Sushi shall not serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, or the consumption by any person under the legal age to consume alcoholic beverages, not to any person who is actually or apparently intoxicated. Self-service by attendees of the New Year’s Eve Celebration is strictly prohibited and all sale, service or delivery of alcoholic beverages to attendees of the New Year’s Eve Celebration must be made and supervised by authorized staff of Mama Sushi. Mama Sushi shall maintain adequate staff at the New Year’s Eve Celebration to monitor each sale, service or delivery of an alcoholic beverage to prevent service to intoxicated or underage individuals. Such staff shall check identification of individuals prior to entry in the confined area(s) where alcoholic beverages are available to confirm that all persons therein are at least twenty- one (21) years of age. Sale, service or delivery shall be limited to two (2) alcoholic beverages per customer at a time. All persons admitted to the area(s) where alcoholic beverages are sold and/or consumed shall wear a bracelet indicating that such person has been approved for Page 29 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK admittance. No other persons shall be allowed in such area(s) where alcoholic beverages are sold and/or consumed. 3. Mama Sushi shall comply with all State, federal, and local laws, statutes, ordinances, rules and regulations applicable to this application, including, but not limited to, the sale and consumption of alcoholic beverages. 4. Failure to comply with any of the foregoing conditions, including but not limited to the requirement that Mama Sushi obtain a Special Permit from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, renders this approval null and void. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute documents necessary to effectuate the purpose of this Resolution. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2332-21 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 425 Handicapped Parking Spaces. Page 30 of 36  Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 424 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 # 28 Ann Street North Beginning at a point 50 R57JZC feet west of the westerly curbline of Columbia Avenue and extending to a point 22 feet westerly therefrom 143 Hope Avenue West Beginning at a point 80 7096HH feet north of the northerly curbline of Jackson Street and extending to a point 22 feet northerly therefrom 107 Linconl South Beginning at a point 141 26OZVS Street feet west of the westerly curbline of Lafayette Avenue and extending to a point 22 feet westerly therefrom 56 Park Avenue West Beginning at a point 56 G18KDD feet south of the southerly curbline of Rutgers Place and Page 31 of 36  Passaic City Council December 21, 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 southerly 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 # 28 Ann Street North Beginning at a point 50 S82NRK feet west of the westerly curbline of Columbia Avenue and extending to a point 22 feet westerly therefrom 56 Park Avenue West Beginning at a point 56 N10PGS feet south of the southerly curbline of Rutgers Place and extending to a point 22 feet southerly therefrom 115 Tenth Street West Beginning at a point 65 N18KJA feet north of the northerly curbline of South Street and extending to a point 22 feet northerly therefrom Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 11, 2022. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel Page 32 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2333-21 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 317, “ZONING,” ARTICLE II, “GENERAL PROVISIONS,” SECTION 8, “PRINICPAL STRUCTURES AND USES; ACCESSORY STRUCTURES” WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 317, “Zoning,” Article II, “General Provisions” Section 8, “Principal Structures and Uses; Accessory Structures” sets forth the rules and regulations governing principal structures and its uses and accessory structures 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 II, “General Provisions” Section 8, “Principal Structures and Uses; Accessory Structures”; and WHEREAS, the City Council referred the proposed amendment to the City of Passaic’s Planning Board for review in accordance with N.J.S.A 40:55D-64; and WHEREAS, the Planning Board held a public meeting and memorialized a resolution that found the amendment to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. Page 33 of 36 Passaic City Council December 21, 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 ORDAINED, by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 317, “Zoning,” Article II, “General Provisions” Section 8, “Principal Structures and Uses; Accessory Structures” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I 317-8. Principal Structures and Uses; Accessory Structures. A. For residential uses, there shall be only one principal structure per lot, except as provided elsewhere in this chapter for dwelling groups and planned developments. For commercial and industrial uses, there shall be only one principle use per lot, although more than one structure shall be permitted; if there are several owners occupying separate principal structures, a subdivision shall be required so that there will be only one principal structure per lot. B. For all uses, no more than accessory structure of the same kind shall be permitted on a lot. 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 Page 34 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This Ordinance shall be subject to review by the Council after passage of six months from its effective date. SECTION V This ordinance shall take effect upon publication as provided by law. Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 11, 2022. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel PAYMENT OF BILLS On a motion by Council Member Garcia and seconded by Council President Schaer, the PAYMENT OF BILLS was accepted and approved. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel MAYOR He wished happy holidays to Passaic residents. He thanked all, from Passaic council and city offices to Passaic organizations who have contributed to further, development, improvements, and enhancements in city of Page 35 of 36 Passaic City Council December 21, 2021 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Passaic. He looks forward to continuing enhancements into 2022. Followed by comments from the City Council. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Garcia and seconded by Council Member Schwartz the meeting was adjourned at 8:48 p.m. ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSENT: Munk Love Patel ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 36 of 36