City Council

City of Passaic New Jersey Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ON THURSDAY, FEBRUARY 22, 2022 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 FEBRUARY 13, 2022 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 Patel Garcia CP Schaer ABSENT: Munk Love Schwartz ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie Burns, Esq. City Attorney Invocation was rendered by Mayor Hector C. Lora, 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: • 13,987 tested positive for Covid-19; of those there were 309 deaths (corrected record of reported deaths from June to date is 336 deaths); no deaths since June 2021. • Passaic residents vaccinated: • 5 years and older 23% • 12 years and older: 97% • 18 and over: 98% Passaic City Council February 22, 2022 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 continue to be available at the WIC building (390 Paulison Avenue), 122 8th Street, and at 333 Passaic Ave. • School 11 spray pad work has begun; rubberized surface has been put down. • Columbia Park and Tennyson Park will have rubberized surfaces installed. • In 113 steps area, all lights and fitness equipment have been installed. • Railroad tracks removal has begun. • Pulaski Park, Dundee Island Park, and East Monroe Park will be united. • On Main Avenue, Wendy’s and Taco Bell are almost completed. • Development is occurring in all Passaic wards. Council Member Love joined at 7:11 p.m. MINUTES Council Meeting Minutes for January 22, 2022 were submitted for approval. Upon motion made by Council Member Melo and seconded by Council Member Garcia the aforementioned meeting minutes were approved. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz 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,” Page 2 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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. Steve Siklosi, 23 Orchard Street • Item #16 – why is the tax appeal amount so high? • Item #19 – he would like an explanation. • Item #22 – what is the total amount of the renovation? • Item #26 – why do they need supporting, are they the only entity applying for the license? • Item #29 – is this for commercial or residential? • At the dentist office at 293 Main Avenue/Westervelt, cars and trucks continually park in the no parking zone Moshe Stareshevsky, 294 Terhune Avenue • He assisted with the recent 11 alarm fire; he commended the actions of the police and fire departments, who saved over 100,000 people in the area. • Tonnage sign- is the traffic ordinance still in effect? Aryeh Mack, 187 Howard Ave • When will reconstruction of the Hurricane Ida damaged areas be started? 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: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Page 3 of 33 Passaic City Council February 22, 2022 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. 2336-22 ORDINANCE 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 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: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz 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: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz 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: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Page 4 of 33 Passaic City Council February 22, 2022 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 Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Amada D. Curling, City Clerk, submitting Raffle License application for the following organization: • St. Anthony of Padua Church, 101-103 Myrtle Avenue Father Miguel Jimenez of St. Anthony of Padua Church, 101- 103 Myrtle Avenue, submitting the following applications to conduct processions as follows: • Parish Festival, in their private parking lot on June 3, 2022 from 6:00 p.m. to 12:00 a.m.; June 4, 2022 from 4:00 p.m. to 12:00 a.m.; and June 5, 2022 from 1:00 p.m. to 10:00 p.m. (Contingent Upon Departmental Approvals) • Charismatic Prayer Group Assembly, on June 20, 27, 2022; July 4, 11, 18, 25, 2022; and August 01, 08, 15,29,2022 from 7:30 p.m. to 10:00 p.m. in their private parking lot. (Contingent Upon Departmental Approvals) • Annual “Patron Saint Religious” procession, June 13, 2022 from 8:15 a.m. to 9:30 p.m. The Procession will commence at the corner of Oak Street and Myrtle Avenue will travel Oak Street to Gregory Avenue to Monroe Street to Myrtle Avenue ending on the corners of Oak Street and Myrtle Avenue (Contingent Upon Departmental Approvals) • Annual procession to Honor “Our Lady of Mount Carmel” on July 16, 2022 from 8:00 p.m. to 9:15 p.m. The Procession will commence on the corners of Oak Street and Myrtle Avenue travel to Gregory Avenue to Monroe Street to Myrtle Avenue ending on the corners of Oak Street and Myrtle Avenue. (Contingent Upon Departmental Approvals) ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Page 5 of 33 Passaic City Council February 22, 2022 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 Melo the following communications and petitions were received placed on file and approval granted Passaic Valley Water Commission submitting the following: • Minutes of their December 16, 2021 Board meeting EcoISciences, Inc submitting notice of application to NJDEP Re: line Verification Block 1024, Lots 17 & 54.01 City of Passaic Passaic Housing Authority submitting notice of their February 16, 2022 meeting North Jersey District Water supply Commission, submitting minutes of their December 15, 2021 meeting. New Jersey Department of Environmental Protection submitting the following: • Suspected Hazardous Substance Discharge Notification NJDEP Case # 21-12-15-2200-37( 394 Monroe St) • Flood Hazard Are Permit Modification Request – File # 1607-18-0001.1 FHA 22001 ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON FEBRUARY 22, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Page 6 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-02-046 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF PASSAIC AND MCDANIEL BROTHERS SHOWS – THIRD WARD VETERANS MEMORIAL PARK 2022 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into an Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows, having a principal place of business at P.O. Box 293, Lodi, New Jersey 07644 (“McDaniel”), for furnishing and providing amusements, concessions and rides for a carnival or fair (“Agreement”); and WHEREAS, McDaniel is in the business of providing amusements, concessions and rides to individuals or organizations for purposes of fundraising or profit; and WHEREAS, the carnival or fair shall be held at Third Ward Veterans Memorial Park, 332 Passaic Avenue, Passaic, New Jersey 07055 (“fairgrounds”); and WHEREAS, the amusements, concessions and rides shall be furnished by McDaniel upon the fairgrounds for the period of September 8-11, 2022, during the hours set forth in the Agreement; and WHEREAS, the City and McDaniel have set forth their intentions within the attached Agreement and mutually agree to the terms therein. 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 Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows subject to the terms and conditions thereof; and Page 7 of 33 Passaic City Council February 22, 2022 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 hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Agreement shall be forwarded to McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows. CITY OF PASSAIC RESOLUTION NO. 22-02-047 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF PASSAIC AND MCDANIEL BROTHERS SHOWS – WILLIAM B. CRUISE VETERANS MEMORIAL SCHOOL NO. 11 2022 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into an Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows, having a principal place of business at P.O. Box 293, Lodi, New Jersey 07644 (“McDaniel”), for furnishing and providing amusements, concessions and rides for a carnival or fair (“Agreement”); and WHEREAS, McDaniel is in the business of providing amusements, concessions and rides to individuals or organizations for purposes of fundraising or profit; and WHEREAS, the carnival or fair shall be held at William B. Cruise Veterans Memorial School No. 11, 390 Gregory Avenue, Passaic, New Jersey 07055 (“fairgrounds”); and WHEREAS, the amusements, concessions and rides shall be furnished by McDaniel upon the fairgrounds for the period of August 17-21, 2022 during the hours set forth in the Agreement; and Page 8 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the City and McDaniel have set forth their intentions within the attached Agreement and mutually agree to the terms therein. 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 Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Agreement shall be forwarded to McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows. CITY OF PASSAIC RESOLUTION NO. 22-02-048 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF PASSAIC AND MCDANIEL BROTHERS SHOWS – PULASKI PARK 2022 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into an Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows, having a principal place of business at P.O. Box 293, Lodi, New Jersey 07644 (“McDaniel”), for furnishing and providing amusements, concessions and rides for a carnival or fair (“Agreement”); and WHEREAS, McDaniel is in the business of providing amusements, concessions and rides to individuals or organizations for purposes of fundraising or profit; and WHEREAS, the carnival or fair shall be held at Pulaski Park, 4th Street, Passaic, New Jersey 07055 (“fairgrounds”); and Page 9 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the amusements, concessions and rides shall be furnished by McDaniel upon the fairgrounds for the period of June 30 – July 4, 2022, during the hours set forth in the Agreement; and WHEREAS, the City and McDaniel have set forth their intentions within the attached Agreement and mutually agree to the terms therein. 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 Agreement with McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Agreement shall be forwarded to McDaniel Brothers, Inc. d/b/a McDaniel Brothers Shows. CITY OF PASSAIC RESOLUTION NO. 22-02-049 RESOLUTION AUTHORIZING THE CITY OF PASSAIC THROUGH THE CITY OF PASSAIC POLICE DEPARTMENT TO PARTICIPATE IN THE DEFENSE LOGISTICS AGENCY, LAW ENFORCEMENT SUPPORT OFFICE 1033 PROGRAM TO ENABLE THE CITY OF PASSAIC POLICE DEPARTMENT TO REQUEST AND ACQUIRE EXCESS DEPARTMENT OF DEFENSE EQUIPMENT. WHEREAS, the United States Congress authorizes the Defense Logistics Agency (DLA) Law Enforcement Support Office (LESO) 1033 Program to make use of excess Department of Defense personal property by making that personal Page 10 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK property available to municipal, county and state law enforcement agencies (LEAs); and WHEREAS, DLA rules mandate that all equipment acquired through the 1033 Program remain under the control of the requesting agency LEA; and WHEREAS, participation in the 1033 Program allows municipal and county law enforcement agencies to obtain property they might not otherwise be able to afford in order to enhance community preparedness, response, and resiliency; and WHEREAS, although property is provided through the 1033 Program at no cost to municipal and county law enforcement agencies, these entities are responsible for the costs associated with delivery, maintenance, fueling, and upkeep of the property, and for specialized training on the operation of any acquired property; and WHEREAS, N.J.S.A. 40A:5-30.2 requires that the governing body of the municipality or county approve, by a majority of the full membership, both enrollment in, and the acquisition of any property through, the 1033 Program. NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of Passaic that the Passaic Police Department is hereby authorized to enroll in the 1033 Program for no more than a one-year period, with authorization to participate terminating on December 31 of the current calendar year from January 1, 2022 to December 31, 2022; and NOW, THEREFORE, BE IT RESOLVED that the Passaic Police Department is hereby authorized to acquire items of non-controlled property designated “DEMIL A,” which may include office supplies, office furniture, computers, electronic equipment, generators, field packs, non- military vehicles, vehicle parts, clothing, traffic and transit signal systems, exercise equipment, farming and moving equipment, storage devices and containers, tools, medical and first aid equipment and supplies, personal protection equipment and supplies, construction materials, Page 11 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK lighting supplies, clothing, respirators, binoculars, and any other supplies or equipment of a non-military nature identified by the LEA, if it shall become available in the period of time for which this resolution authorizes, based on the needs of the City of Passaic Police Department, without restriction; and NOW THEREFORE BE IT FURTHER RESOLVED that the Passaic Police Department is hereby authorized to acquire the following “DEMIL B through Q” property, if it shall become available in the period of time for which this resolution authorizes; and BE IT FURTHER RESOLVED that the property available through the Program, “DEMIL A through Q” is attached hereto; and BE IT FURTHER RESOLVED that the City of Passaic Police Department shall develop and implement a full training plan and policy for the maintenance and use of the acquired property; and BE IT FURTHER RESOLVED that the City of Passaic Police Department shall provide quarterly accounting of all property obtained through the 1033 Program which shall be available to the public upon request; and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and shall be valid to authorize requests to acquire (1) “DEMIL A” property that may be made available through the 1033 Program and (2) “DEMIL B through Q” property; which may be made available through the 1033 Program during the period of time for which this resolution authorizes; with Program participation and all property request authorization terminating on December 31st of the current calendar year from January 1, 2022 to December 31, 2022. 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 the purpose of this Resolution. Page 12 of 33 Passaic City Council February 22, 2022 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. 22-02-050 RESOLUTION APPROVING EMERGENCY REPAIR OF TRAFFIC SIGNAL MAIN AVENUE AND JEFFERSON STREET PASSAIC, NJ WHEREAS, on October 13, 2021, a traffic signal controller at the intersection of Main Avenue and Jefferson Street was knocked down due to a motor vehicle accident; and WHEREAS, it was the determination of the Public Works Superintendent, Mark Watkins, Sr., that the traffic signal knockdown posed a serious potential to the public safety; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-16; and WHEREAS, the cost for this repair is $ 33,569.08. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Jen Electric, Springfield, NJ is hereby authorized. CERTIFICATION OF FUNDS Funding for the above will be funded through- Public Works Trust Acct. - Traffic Repairs # T-03-56-306-001-250. Page 13 of 33 Passaic City Council February 22, 2022 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. 22-02-051 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION AND GRANT ACCEPTANCE FOR THE NEW JERSEY DEPARTMENT OF HIGHWAY AND TRAFFIC SAFETY DISTRACTED DRIVING STATEWIDE CRACKDOWN GRANT 2022 WHEREAS, the City of Passaic Police Department wishes to submit an application and accept a grant for the Distracted Driving Statewide Crackdown Grant Program that is being offered through the New Jersey Department of Highway and Traffic Safety (“Program”); and WHEREAS, the purpose of the Program is to provide funding to local police departments to conduct enforcement details related to distracted driving; and WHEREAS, the maximum award is based on a $70.00 per hour rate formula allocation for a one-month project period; and WHEREAS, such grant is in the amount of $12,250.00 and covers the period of April 1st, 2022 through April 30th 2022; and WHEREAS, funding through this Program may only be applied towards reimbursement for police overtime enforcement details conducted between April 1, 2022 and April 30, 2022; and 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 and accept a grant from the New Jersey Department of Highway and Traffic Safety Distracted Driving Statewide Crackdown Grant Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Police Department are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. Page 14 of 33 Passaic City Council February 22, 2022 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. 22-02-052 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEAL CAPTIONED 37 47 HIGH STREET, LLC V. CITY OF PASSAIC WHEREAS, 37 47 High Street, LLC has filed tax appeals in Tax Court challenging the assessment of real property designated as Block 3211, Lot 55, on the official Tax Map of the City of Passaic and located at 37 High Street, Passaic, New Jersey for the tax years 2019, 2020, and 2021; and WHEREAS, 37 47 High Street, LLC has also filed tax appeals in Tax Court challenging the assessment of real property designated as Block 3211, Lot 6, on the official Tax Map of the City of Passaic and located at 47 High Street, Passaic, New Jersey for the tax years 2019, 2020, and 2021; and WHEREAS, the total refund for the proposed settlement of the tax appeal matters, for both properties, is approximately $26,428.24; and WHEREAS, it has been determined that the proposed settlement is in the best interest of the City of Passaic; and WHEREAS, the City of Passaic wishes to accept the proposed settlement of Counsel for the taxpayer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that City of Passaic is hereby authorized to accept the proposed settlement offer for the tax appeal matters entitled 37 47 High Street, LLC v. City of Passaic. BE IT FURTHER RESOLVED that the Mayor, City Clerk and City’s Tax Appeal Attorney are hereby authorized and Page 15 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK directed to execute any other documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-02-053 RESOLUTION OF SUPPORT FROM THE CITY OF PASSAIC AUTHORIZING THE SUBMISSION OF THE 2022 SUSTAINABLE JERSEY AND PSEG SMALL GRANTS FOUNDATION PROGRAM WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and WHEREAS, the City of Passaic strives to save tax dollars, assure clean land, air and water, improve working and living environments; and WHEREAS, the City of Passaic is participating in the Sustainable Jersey Program; and WHEREAS, one of the purposes of the Sustainable Jersey Program is to provide resources to municipalities to make progress on sustainability issues, and they have created a grant program called the Sustainable Jersey Small Grants Program; THEREFORE, the City Council of Passaic has determined that the City of Passaic should apply for the aforementioned Grant. THEREFORE, BE IT RESOLVED, that the City Council of Passaic, State of New Jersey, authorize the submission of the aforementioned Sustainable Jersey Grant in request for the total amount of $10,000.00. Page 16 of 33 Passaic City Council February 22, 2022 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. 22-02-054 RESOLUTION AUTHORIZING THE CITY OF PASSAIC, POLICE DEPARTMENT TO ENTER INTO AN AGREEMENT FOR SUPPORT & MAINTENANCE OF LAWSOFT DISPATCHING SYSTEM SOFTWARE, GIS MAPPING, 911 HARDWARE AND AVL SOFTWARE (TRACKER IN EA. VEHICLE) WHEREAS, the City of Passaic, Police Department wishes to enter into an agreement with SHI International Corp., Somerset, NJ for Support & Maintenance of Lawsoft Dispatching System Software, GIS Mapping, 911 Hardware and AVL Software (Tracker in ea. Police Vehicle) from the Bergen County Coop #19-34; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment thru a Cooperative Pricing System entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the cost for the Support & Maintenance Agreement is $ 32,694.31 for the period January 1, 2022 through December 31, 2022; and WHEREAS, it is the recommendation of Louis Guzman, Police Chief, that the agreement be entered into with SHI International Corp. in the amount of $32,694.31 for the period January 1 2022 through December 31, 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Support & Maintenance of Lawsoft Dispatching System Software, GIS Mapping, 911 Hardware and AVL Software (Tracker in ea. Police Vehicle) be awarded to SHI International Corp. in the amount of $ 32,694.31. 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. Page 17 of 33 Passaic City Council February 22, 2022 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 Police Acct # 2-01- 25-240-020-024. CITY OF PASSAIC RESOLUTION NO. 22-02-055 RESOLUTION OF SUPPORT FROM THE CITY OF PASSAIC FOR THE SUBMISSION OF THE 2022 COMPLETE STREETS TECHNICAL ASSISTANCE PROGRAM APPLICATION WHEREAS, the New Jersey Department of Transportation Complete Streets Design Guide defines complete streets as follows: “Complete Streets are streets designed for all users, all modes of transportation, and all ability levels. They balance the needs of drivers, pedestrians, bicyclists, transit riders, emergency responders, and goods movement based on the local context”; and WHEREAS, while the primary benefit of complete streets is improved safety, particularly for people who walk or bike who are the most vulnerable users of the street, there are other positive outcomes. Complete streets create better places to live, work, and do business. They can help improve the health of a community by encouraging people to walk and bike, bolster the local economy by generating foot traffic in business districts and provide greater mobility options for residents and visitors; and WHEREAS, through the North Jersey Transportation Planning Authority’s FY2022 Complete Streets Technical Assistance Program, Sustainable Jersey will coordinate, and the Voorhees Transportation Center at Rutgers University will provide planning-level technical assistance services to municipalities for a specific project related to advancing a complete streets initiative in their communities; and Page 18 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, although no direct funding is provided, selected municipalities will receive free direct technical assistance services to complete a specific task related to advancing a complete streets initiative in their communities. THEREFORE, BE IT RESOLVED the City Council of Passaic authorizes the City of Passaic to submit an application to the Complete Streets Technical Assistance Program to receive free direct technical assistance services to complete a specific task related to advancing complete streets, and also commits pertinent municipal staff to coordinate and collaborate with Sustainable Jersey, Voorhees Transportation Center and the North Jersey Transportation Planning Authority to support the successful and timely delivery of technical assistance services. CITY OF PASSAIC RESOLUTION NO. 22-02-056 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A PARTNERSHIP AGREEMENT WITH THE GOVERNOR’S HISPANIC FELLOW PROGRAM FOR THE SUMMER OF 2022 WHEREAS, the Governor’s Hispanic Fellows Program provides opportunities for some of New Jersey’s best and brightest young people in the Hispanic community to gain valuable hands on experience in state and local government through a summer internship program; and WHEREAS, the City of Passaic wishes to enter into the attached Partnership Agreement with the Governor’s Hispanic Fellows Program under which the Governor’s Hispanic Fellows Program will provide the City of Passaic interns from June 06, 2022 – July 29, 2022. NOW THEREFORE BE IT RESOLVED, by The City Council of the City of Passaic that City of Passaic is hereby authorized and directed to execute the Partnership Page 19 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Agreement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-02-057 RESOLUTION AUTHORIZING APPOINTMENT OF PUBLIC AGENCY COMPLIANCE OFFICER FOR THE CITY OF PASSAIC WHEREAS, N.J.A.C. 17:27-3.1 requires that each public agency designate an individual to serve as its Public Agency Compliance Officer (“P.A.C.O.”) and that person is a liaison between the Division of Local Government Services and the City of Passaic; and WHEREAS, the P.A.C.O. officer is the point of contact for all matters concerning the implementation and administration of the status concerning contracting procedures including equal employment opportunity requirements; and WHEREAS, the Council has determined that it is in the best interest of the City of Passaic that the Director of Purchasing be the person to be designated as the Public Agency Compliance Officer for the City of Passaic. WHEREAS, there shall be no compensation provided for the additional responsibilities of the City of Passaic Public Agency compliance officer. NOW, THEREFORE, BE IT RESOLVED that Doris Dudek, as the Director of Purchasing for the City of Passaic is hereby designated as the Public Agency Compliance Officer for the City of Passaic for the period January 1, 2022, through December 31, 2022. BE IT FURTHER RESOLVED that the Public Agency Compliance Officer shall have all of the duties and authority as set forth in the statutes and regulations. Page 20 of 33 Passaic City Council February 22, 2022 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 of Passaic shall submit Doris Dudek’s name, title, address, telephone number, fax and e-mail address to the Department of the Treasury on or before January 10th of each year, as the Public Agency Compliance Officer for Passaic. CITY OF PASSAIC RESOLUTION NO. 22-02-058 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH DASKAL, LLC RENOVATIONS TO PUBLIC WORKS GARAGE AND OFFICES 870 MAIN AVENUE, PASSAIC, NJ CITY OF PASSAIC WHEREAS, on April 27, 2021, the City Council of the City of Passaic adopted Resolution #21-04-110 (attached) approving a contract with Daskal, LLC in the amount of $2,309,000.00 for Renovations to Public Works Garage and Offices; and WHEREAS, a change order is necessary for the replacement of the HVAC System (alternate 7 and 8 from the original bid) increasing the contract amount by $231,00.00 resulting in a revised contract amount of $2,540,000.00. WHEREAS, this portion of the project has been approved and will be paid for from the American Rescue Plan fund. 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 Daskal, LLC is ratified and accepted, adjusting the contract to the revised total amount of $2,540,000.00. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order on a form approved Page 21 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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 American Rescue Plan Acct. #G-02-40-021-ARP-020. CITY OF PASSAIC RESOLUTION NO. 22-02-061 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 2185 LOTS 57, 56, 53.01, 53, 52, 51 AND 50 (177-195 SUMMER STREET) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 177-195 Summer Street (Block 2185 Lots 57, 56, 53.01, 53, 52, 51 and 50) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and WHEREAS, this designation as an area in need of redevelopment/ rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/ rehabilitation of the aforementioned properties; and Page 22 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 2185 Lots 57, 56, 53.01, 53, 52, 51 and 50 (177-195 Summer Street), as an Area in Need of Redevelopment/Rehabilitation CITY OF PASSAIC RESOLUTION NO. 22-02-062 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF INTEGRITY ONE ALTERNATIVE CARE’S CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30-7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws Page 23 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, Integrity One Alternative Care wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is Integrity One Alternative Care; and WHEREAS, Integrity One Alternative Care wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 18-26 Third Street, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by Integrity One Alternative Care to operate within the City of Passaic; 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 the purpose of this Resolution. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Page 24 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2337-22 ORDINANCE REFERRING PROPOSED AMENDMENT TO THE EASTSIDE REDEVELOPMENT PLAN TO THE PLANNING BOARD FOR THE CITY OF PASSAIC FOR 125 SOUTH STREET, PASSAIC, NEW JERSEY WHEREAS, the City of Passaic declared a tract of industrial properties totaling approximately 99 acres located on the eastern portion of the City, adjoining the Passaic River as an “area in need of redevelopment” (Subject Area), pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A–1 et seq, as amended and supplemented, (hereinafter referred to as the “Redevelopment Law”); and WHEREAS, the City adopted a redevelopment plan identified as the Eastside Redevelopment Plan, City of Passaic, New Jersey, revised through December 18, 2018; and WHEREAS, continued development of the Subject Area has brought interest to the adaptive reuse of existing property therein, and in order to accommodate the limitations of the existing conditions, modifications to the Eastside Redevelopment Plan shall include those as set forth in the attachment hereto for property identified on the Official Tax Map for the City of Passaic located at Block 1030, Lot 23, commonly known as 125 South Street (Subject Property); and WHEREAS, the City Council for the City of Passaic has received a recommendation from the Planning Board for the City of Passaic on the proposed amendments and modifications to include the Subject Property, as set forth in the attachment hereto. Page 25 of 33 Passaic City Council February 22, 2022 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 attached proposed Amendment to the Eastside Redevelopment Plan is hereby referred to the City’s Planning Board for review and recommendation. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Patel the public hearing be held on March 9, 2022. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2338-22 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 452-454 PAULISON AVENUE AND 439 OAK STREET (BLOCK 2197.01 LOTS 1 AND 32) AS AN AREA IN NEED OF REHABILITATION IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 2197.01 Lots 1 and 32 more commonly known as 452-454 Paulison Avenue and 439 Oak Street (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City Page 26 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK of Passaic designate the Property an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the City of Passaic Planning Board reviewed the proposed Redevelopment Plan and adopted a Resolution finding said Redevelopment Plan to be substantially consistent with the City of Passaic’s Master Plan and referring same to the City Council for all appropriate action. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that: Section 1 The recitals set forth above are incorporated herein and made a part hereof as if set forth at length. Section 2 The City Council of the City of Passaic hereby approves and adopts the attached Redevelopment Plan for the Property as an Area in Need of Rehabilitation. Section 3 The zoning standards set forth in the Redevelopment Plan for 452- 454 Paulison Avenue and 439 Oak Street Area in Need of Rehabilitation shall supersede and replace all underlying zoning standards in accordance with N.J.S.A. 40A:12A-7c, rather than serving as overlay zoning for the said Area. Section 4 The City of Passaic Zoning Map is hereby amended to include the new Redevelopment Plan for 452-454 Paulison Avenue and 439 Oak Street as an Area in Need of Rehabilitation, Block 2197.01 Lots 1 and 32, in accordance with N.J.S.A. 40A:12A-7c. Page 27 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Section 5 All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency. Section 6 If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of this Ordinance which shall remain in full force and effect. Section 7 This Ordinance shall take effect in the time and manner prescribed by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on March 9, 2022. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2339-22 ORDINANCE AMENDING CHAPTER 219, “PROPERTY MAINTENANCE”, ARTICLE V “MINIMUM REQUIREMENTS”, SECTION 44 AND SECTION 49 OF THE CITY OF PASSAIC CODE TO REQUIRE THE ANNUAL INSPECTION OF HEATING FACILITIES AND REPORTING OF NECESSARY REPAIRS WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, Page 28 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 219, “Property Maintenance,” Article V, “Minimum Requirements” Section 44 and Section 49, “Heating Facilities” and “Provisions of Heat by Owner” sets forth the rules and regulations governing heating facilities and minimum heating temperatures in the City of Passaic; and WHEREAS, the City of Passaic wishes to amend the property maintenance ordinance to ensure that heating facilities are being maintained in accordance with the standards of this code; and WHEREAS, the City of Passaic wishes to amend the property maintenance ordinance to ensure that heating facilities are free from hazards or conditions that may, if not corrected, develop into hazards or become violations of these regulations; and WHEREAS, the City of Passaic wishes to confirm the ability of the facility to fulfill the heating requirements provided hereunder; and NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 219, “Property Maintenance,” Article V, “Property Maintenance” Section 44, “Heating Facilities” and Section 49, “Provision of Heat by Owner” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION 1 § 219-44. Heating Facilities. Page 29 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK A. Every dwelling unit shall contain heating facilities of sufficient capacity to maintain a minimum inside temperature of 70° F. in all habitable rooms, bathrooms and water closet compartments, measurable 36 inches above the floor at the center of any such room or compartment, when the outside temperature is 0° F. B. "Heating facilities" shall be defined as heating outlets, radiators, risers, returns, electric or gas space heaters, gas and gas stove units. All heating facilities shall have such controls as are necessary to permit the occupant of the dwelling unit to regulate the supply of heat to the dwelling unit. Pipes carrying steam or hot water which pass through any dwelling unit to provide heat to any other dwelling unit expressly do not constitute heating facilities within the meaning of this section. B. The heating facilities as herein defined shall be inspected annually by a licensed professional, which will certify to the conditions and operability of the system. Such inspection shall be for the following purposes: (1) To ensure that the facility is being maintained in accordance with the standards applicable to the facility as of the time of installation; (2) To locate and remove hazards or conditions that may, if not corrected, foreseeably develop into hazards or become violations of these regulations; (3) To confirm the ability of the facility to fulfill the heating requirements provided hereunder. C. "Heating facilities" shall be defined as heating outlets, radiators, risers, returns, electric or gas space heaters, gas and gas stove units. All heating facilities shall have such controls as are necessary to permit the occupant of the dwelling unit to regulate the supply of heat to the dwelling unit. Pipes carrying steam or hot water which pass through any dwelling unit to provide heat to any other dwelling unit expressly do not constitute heating facilities within the meaning of this section. Page 30 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK D. “Time for Filing” the completed certification shall be filed by the landlord with the Department of Inspection and Code Enforcement no later than November 15th of any year E. The filing fee for this certification shall be $20 per heating facility. If an inspection is required, the fee for such inspection shall be as set forth in section 219-175 of this code. § 219-49. Provision of Heat by Owner. A. Every dwelling unit, rooming unit, bathroom and water closet, when the owner provides the heat, shall be maintained at 68° F. between the hours of 6:00 a.m. and 11:00 p.m. and at 65° F. between the hours of 11:00 p.m. and 6:00 a.m. every day between September 15 of any year and May 15 of the next succeeding year. During this stated calendar period, every dwelling unit, rooming unit, bathroom and water closet compartment shall be supplied with sufficient heat to maintain therein a minimum temperature of 68° F. between the hours of 6:00 a.m. and 11:00 p.m. and a minimum temperature of 65° F. between the hours of 11:00 p.m. and 6:00 a.m. B. In any instance where necessary repairs to the heating system exceed 12 hours, the owner who provides the heat shall inform the Department of Inspection and Code Enforcement of its inability to satisfy the minimum temperature obligations of this provision not later than 24 hours after being made aware of the problem. “Necessary repairs” under this section are any repairs to the heating system that must be performed during the stated calendar period to fulfill the minimum temperature obligations of this provision. C. It shall be the duty of the landlord or his agent to supply to each tenant a copy of this article and any amendments thereto at the time the premises are rented, except that in the case of tenants in place at the time this amendment is adopted, the landlord or his agent shall have 15 days from the effective date to serve on each tenant a copy of this article SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the Page 31 of 33 Passaic City Council February 22, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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 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 Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on March 9, 2022. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz SCHEDULE OF HEARING Wilson Plata, T/A Trendy Doll Beauty House Inc., submitting request to schedule a hearing regarding police department denial of their new cosmetology license for the year 2022. Council Member Melo moved the motion be tabled with no prejudice. Motion was seconded by Council Member Love. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz Page 32 of 33 Passaic City Council February 22, 2022 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 Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL (VIA ZOOM) AYES: Love Melo Patel Garcia CP Schaer ABSENT: Munk Schwartz MAYOR’S REPORT • He thanked the council for passing Ordinance #29. Some landlords do not maintain boilers, so residents were using ovens for heat, creating a fire hazard. • Events were held at Dignity House: 5th annual Superbowl for the homeless, with services provided (i.e., haircuts), and blood drive through the health department. • Partnering with the city, Habitat for Humanity and VFW and other organizations enabled the project of Dignity House apartment units for veterans to move forward. Construction of apartments will begin in the spring. Council Member Patel left meeting at 7:56 p.m. 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 8:00 p.m. ROLL CALL (VIA ZOOM) AYES: Munk Love Schwartz Garcia CP Schaer ABSENT: Melo Patel ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 33 of 33