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City Council

Regular Meeting

Passaic, NJ · June 9, 2022

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Minutes

City of Passaic New Jersey Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ON THURSDAY, JUNE 9, 2022 AT 7:00 P.M. Gary Schaer, Council President, 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 VIRTUAL STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON MAY 31, 2022 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON 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; City Attorney, Ricardo Fernandez, Business Administrator; Peter Perla, Esq., City Attorney, Susie Burns, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council Member Love joined at 7:05 p.m. MAYOR’S UPDATE  St. Anthony Padua held their yearly family festival.  On Sunday, Pastor Frank Seminerio of Trinity Assembly of God Church held a cookout for Passaic firefighters.  Passaic County primary elections were held on Tuesday. Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK  A motor vehicle service held at Passaic City Hall.  A CPR class for restaurant owners was given.  Ken Pincus from the health office reported that the city’s COVID numbers remain steady. 2022 BUDGET TRANSMITTAL  Finance director and CFO Omar Garcia presented the budget for January-December 2022  Total proposed appropriations for 2022 is $103.425,124.  Employee salaries increased $1,129,755 (2.41% increase from 2021)  Garbage contract (recycling) increased this year by $664,000 from last bidding cycle  Pension contributions increased $316,532 (7.02% for PERS and 2.16% for PFRS)  Capital improvements include an additional $1,000,000 for the purchase of a new fire engine and street sweeper  Debt service increased $347,960 due to a bond issue relating to a 2018 bond ordinance  Increase in construction code permit revenue of $500,000  Municipal court revenue decreased by $138,000  Estimated impact of proposed tax rate increase is 5%; Average home assessed at $275,000 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 Page 2 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK 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. Aryeh Mack – 187 Howard Ave  When will updates happen at the brook in the Benson Street area?  When will construction of the Howard Avenue tennis courts in third ward park area begin? J Levi, 285 Aycrigg Ave  208 Passaic Avenue property is an eyesore.  A traffic light is needed at diagonal street near St. Mary’s. Mani Taylor Berkowitz, 285 Aycrigg Ave  He commended mayor for budget presentation  concerned about unhealthy condition of 208 passaic Suri Levi, 285 Aycrigg Ave  Because of 208 Passaic Avenue, Carlton Towers now has a mice problem. After ample opportunity given and no one else responding on a motion by Council Member Garcia and seconded by Council Member Love the public portion of the meeting was adjourned. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Page 3 of 23 Passaic City Council June 9, 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. 2350-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk 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: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Council Member Melo 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 Schwartz Garcia CP Schaer ABSENT: Munk Patel Page 4 of 23 Passaic City Council June 9, 2022 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. 2351-22 ORDINANCE AMENDING CHAPTER 149, “FOOD ESTABLISHMENTS”, ARTICLE XIII “FARMERS’ MARKETS”, SECTIONs 51 AND 52 OF THE CITY OF PASSAIC CODE TO EXTEND THE FARMERS’ MARKET OPERATING SEASON Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Garcia and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Page 5 of 23 Passaic City Council June 9, 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 Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Dr. Terrence L. Love from Passaic Public Schools( Sallie D. Gamble School 16) submitting an application to have an Academic Celebration on June 08, 2022 from 7a.m. to 4:00p.m. at Pulaski Park Turf ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: Munk Patel On a motion by Council Member Love and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Robert Schik from ADAS Israel Congregation submitting an application to have Procession on June 09, 2022, from 5 p.m. to 7 p.m. Procession will start at 84 Ridge Ave and will travel to Brook Ave to Broadway ending at 565 Broadway, ADAS Isreal Congregation La Rancherita Bar, INC. 22 Jackson Street, Passaic, NJ submitting an application for their renewal entertainment license for the year 2022 Fr. Hernan Cely from St. Anthony of Padua 101-103 Myrtle Ave, Passaic. submitting an application to have Parish Festival, in their parking lot (private property), on June 03, 2022, from 6:00 p.m. to 12:00 a.m.; June 04, 2022, from 4:00 p.m. 12:00 a.m.; June 05, 2022, from 1:00 p.m. to 10:00 p.m. (Contingent Upon Departmental Approvals) Raheem Starr from Tri City Ballers- 6 Peach St. Passaic, NJ. submitting an application to have Car Wash on June 11, 2022 from 10a.m. to 5p.m. at Alfred Speer Village Page 6 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Isabel C. Agudelo from Amigos Colombianos, P.O. Box 2349, Passaic, submitting an application to hold a Flag Raising, in front of Passaic City Hall on July 16, 2022 from 1p.m. to 3 p.m. Raj Rana from Rana Samaj USA, 23 Prospect, Passaic, submitting an application to hold a flag Raising, in front of Passaic City hall on August 14, 2022 from 10a.m. to 12p.m. Derrick Coppin from Church of Jesus Christ Apostolic, 50- 62 Third St, Passaic NJ. submitting the following applications:  Back to School event on August 27, 2022, from 11 am. To 3 p.m. at CJC private parking lot in 50-62 Third Street  Outreach outdoor BBQ on August 20, 2022 from 11a.m. to 3p.m. at Third Ward Park Rec A. Stefan Las from Holy Rosary R.C. Church , 6 Wall Street submitting application to hold Church Picnic on September 11, 2022 from 1p.m. to 10p.m. at Parish Grounds Kenese Robinson from New Jersey Department of Health ,55 North Willow St, Trenton NJ, submitting application to hold a Covid 19 Vaccination Event on June 09, 2022 from 12p.m. to 6p.m. at Shoprite -503 Paulison Ave Guillermo Garcia from Peruvian Parade Inc., 21 Vernon Ct, Wayne NJ, submitting application to hold a flag raising, in front of Passaic City Hall on July 23, 2022 from 10a.m. to 12p.m. Pastor Roberto from Brothers United in Christ Church, 60 Summer St, Passaic NJ, submitting Outdoor Services Tuesday – Sunday from June 01, 2022, to September 30, 2022( see attached for time) on Church Private Parking Lot Tamara I. Morales from Org. of Mex-Am United in NJ (OMAU), 300 Monroe St, Passaic NJ, submitting the following application  Heritage/Cultural Event on September 25,2022 from 1p.m. to 7p.m. at Pulaski Park  Flag Raising and Parade on September 25, 2022, flag- raising will be held from 10 a.m. to 11:45 a.m. in front of City Hall, the parade will commence at 11:45 Page 7 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK a.m. and it will travel to City Hall to Passaic St and Lexington Ave to Monroe St to Market St to Mercer St Ending At Pulaski Park ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel 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 Garcia and seconded by Council Member Schwartz the following communications and petitions were received placed on file and approval granted Passaic School Board of Education submitting May 23, 2022, Annual Organization Meeting Notice ROLL CALL (VIA ZOOM) AYES: Melo Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: Munk Patel On a motion by Council Member Love and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted North Jersey District Water Supply Commission, submitting the following:  May 25,2022, Public Meeting Agenda NJDEP submitting the following:  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05- 023-1052-40 Page 8 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-016-1358-41  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-016-1652-41  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-019-1041-27 ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JUNE 9, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-06-131 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a settlement judgment entered on 5/18/2022 for Block: 1024 Lot 54.01, also known as 74-120 Eight St., Passaic, NJ, property owners: Passaic Equities, LLC. The judgment entered reduced the assessed value for tax years 2018, 2019, 2020. Page 9 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for tax year 2018, 2019, 2020. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s) as provided by the judgment attached hereto and for the Tax Collector to adjust her records accordingly; BLOCK/LOT PROPERTY OWNER TAX REFUND DUE YEAR 1024/54.01 74-120 Eighth St. Passaic Equities, LLC 2018 48,141.24 2019 100,198.25 2020 101,669.75 Total refund due $250,009.24 CITY OF PASSAIC RESOLUTION NO. 22-06-132 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE RADON ACTION PARTNERSHIP PROGRAM WHEREAS, the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency are collaborating during the month of January to promote the need for radon testing in an effort to protect the lives of our State’s residents; WHEREAS, radon is a naturally occurring radioactive gas that is the second leading cause of lung cancer; and WHEREAS, prolonged exposure to radon can kill as many as 500 people in New Jersey each year; and WHEREAS, families who reside in homes with elevated radon levels are at risk of developing serious health problems; and Page 10 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, The Radon Awareness Program (RAP) grant is available to all New Jersey municipalities, counties, and schools; and WHEREAS the City of Passaic wishes to submit an application for the Radon Awareness Program and apply for the maximum award; and WHEREAS, The New Jersey Department of Environmental Protection, Radon Section, will reimburse up to $2,000 for the purchase of radon test kits. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the New Jersey Department of Environmental Protection’s Radon Awareness Program. BE IT FURTHER RESOLVED, that the City of Passaic, Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the Radon Action Partnership Program. CITY OF PASSAIC RESOLUTION NO. 22-06-133 RESOLUTION AUTHORIZING SHARED SERVICE AGREEMENT BY AND BETWEEN CITY OF PASSAIC AND PASSAIC VALLEY WATER COMMISSION FOR FIRE HYDRANT TESTING AND INSPECTION SERVICES OF THE WATER DISTRIBUTION SYSTEM WHEREAS, the City of Passaic and the Passaic Valley Water Commission desire to enter into the attached Shared Service Agreement pursuant to N.J.S.A. 40A:65-l et seq. for fire hydrant testing and inspection services of the City's water distribution system; and WHEREAS, the City will perform all testing and inspection services as set forth in Article II, Scope of Page 11 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Services, of the attached Shared Service Agreement in exchange for payment from the Passaic Valley Water Commission in the amount of $69,500.00 per year as set forth in Article IV, Responsibilities of the City and Compensation, of the attached Shared Service Agreement, for a period of five (5) years from the effective date thereof; and WHEREAS, N.J.S.A. 40A:ll-5(2) provides an exception under the Local Public Contracts Law for contracts entered into with a municipality and/or any board, body, office, Agency or authority thereof. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized enter into the attached Shared Services Agreement with the Passaic Valley Water Commission for fire hydrant testing and inspection services of the City's water distribution system subject to the terms and conditions therein; and BE IT FURTHER RESOLVED that the Mayor and City Clerk shall execute the Shared Services Agreement attached hereto and that copies of this Resolution shall be forwarded to the Passaic Valley Water Commission 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 N.J.S.A. 40A:65-4 by the City Clerk. CITY OF PASSAIC RESOLUTION NO. 22-06-134 RESOLUTION ADOPTING THE CITY OF PASSAIC’S PROCEDURE FOR ADMINISTRATION AND INSPECTION OF FEDERAL AID HIGHWAY PROJECTS WHEREAS, the Federal Highway Administration (“FHWA”) provides opportunities for Local Public Agencies (“LPA”), Page 12 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK such as the City of Passaic, to receive Federal Aid Highway Program (“FAHP” or “federal aid”) funds through the New Jersey Department of Transportation; and WHEREAS, the City of Passaic is presently the recipient of federal aid funds through a project awarded under the Transportation Alternatives Program (“TAP”); and WHEREAS, the City of Passaic, as an LPA, is responsible for administering federal aid funded projects in compliance with all federal aid requirements established by the FHWA; and WHEREAS, the New Jersey Department of Transportation, through its Stewardship Agreement with FHWA, is responsible for ensuring that the City of Passaic is adequately staffed and suitably equipped to undertake federal aid projects and ensure that federal requirements are met; and WHEREAS, the City of Passaic, as required by the New Jersey Department of Transportation, has developed a Policy outlining the required procedures for the Administration of Federally Funded Transportation Projects administered through the New Jersey Department of Transportation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic adopts the policy entitled "City of Passaic, Procedure for Administration and Inspection of Federal Aid Highway Projects", dated October 2021. Page 13 of 23 Passaic City Council June 9, 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. 22-06-135 RESOLUTION AUTHORIZING A CONTRACT WITH AUTOMOTIVE BRAKE CO., BUY WISE AUTO PARTS, SUPERIOR DISTRIBUTORS, P&A AUTO PARTS, ROUTE 23 AUTO MALL, W.E. TIMMERMAN NORTHEAST BATTERY & ALTERNATOR, LLC, AUBURN, MA, AND BEYER BROTHERS CORP., FAIRVIEW, NJ FOR THE PURCHASE OF AUTO PARTS FOR ALL CITY VEHICLES WHEREAS, the City of Passaic wishes to enter into a contract with the following vendors for auto parts offered under the NJ State Contract or Educational Services Commission of New Jersey (ESCNJ) Automotive Brake Co., Hackensack, NJ State Contract #T2761 Route 23 Auto Mall, Butler, NJ State Contract #A42073 Superior Distributors, Elmwood Park, NJ State Contract #T2085 Buy-Wise Auto Parts, Vauxhall, NJ State Contract #T2761 P&A Auto Parts, Saddle Brook, NJ State Contract #T2761 W.E. Timmerman, Whitehouse, NJ ESCNJ 20/21-55 Beyer Brothers Corp., Fairview, NJ State Contract#19-Fleet-00922 Northeast Battery & Alternator, LLC, ESCNJ 18/19-17 Auburn, MA WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the contract period has been extended through February 25, 2023 in an approximate amount of $ 130,000.00 inclusive of all listed vendors. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Automotive Brake Co., Route 23 Auto Mall, Superior Distributors, Buy-Wise Auto Parts, P&A Auto Parts, and W.E. Timmerman, Northeast Battery & Alternator, LLC, Auburn, MA, and Beyer Brothers Corp., Fairview, NJ in an approximate amount of $ 130,000.00 inclusive of all listed vendors. Page 14 of 23 Passaic City Council June 9, 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 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 account #2-01- 26-315-000-034. Funds for the subsequent budget year are available pending governing body approval. CITY OF PASSAIC RESOLUTION NO. 22-06-136 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH AA BERMS, LLC FOR GRIFFIN LATONA 100 STEPS RECONSTRUCTION CITY OF PASSAIC WHEREAS, on March 3, 2021, the City Council of the City of Passaic adopted Resolution #21-03-068 (attached) approving a contract with AA Berms for Griffin Latona 100 Steps Reconstruction in the amount of $ 411,099.00; and WHEREAS, a change order is necessary due to modifications in on site conditions and increase in as built quantities; and Original Contract $ 411,099.00 Additional Cost 81,676.40 (retaining wall, Foundations, conduit for cameras, additional side retaining wall) Final Contract Price $ 492,775.40 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 AA Berms, for Griffin Latona 100 Steps Reconstruction is ratified and accepted, adjusting the contract to the revised total amount of $ 492,775.40. Page 15 of 23 Passaic City Council June 9, 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 is hereby authorized to execute this Change order in a form approved by the City Attorney and that the Change Order be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in CDBG Account #B-12- 46-BG0-217-878 CITY OF PASSAIC RESOLUTION NO. 22-06-137 RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT AND SOFTWARE WHEREAS, the City of Passaic wishes to enter into a contract with CDW Government LLC for computer equipment and software under the NJ State Contract #T3121 and Educational Services Commission of New Jersey Cooperative #ESCNJ 18/19-03; and WHEREAS, N.J.S.A. 40A:11-12 authorizes the purchase of any materials, supplies or equipment and software under State Contract and ESCNJ 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 contract period has been extended through December 30, 2025 in an approximate amount of $100,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to CDW Government LLC in the approximate amount of $ 100,000.00. Page 16 of 23 Passaic City Council June 9, 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 authorized to execute a contract for the above on a form approved by Corporation Counsel. CERTIFICATION OF FUNDS Funds for the above are available in various accounts. CITY OF PASSAIC RESOLUTION NO. 22-06-138 RESOLUTION AWARDING CONTRACT FOR ADA RAMP ADDITION PASSAIC CITY HALL CITY OF PASSAIC WHEREAS, bids were received by the Purchasing Department on Tuesday, May 17, 2022 for ADA Ramp Addition Passaic City Hall; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications and plans were downloaded by the following, none of whom submitted bids: Prime Vendor Source Management Onvia Wilmington, NC Seattle, WA Seattle, WA Dodge Data & Analytics Suburban consulting Engineering Inc. Hamilton Township, NJ Flanders, NJ Construction Bid Source Ochoa Enterprises, LLC Vektor Corporation Holly Springs. NC Belleville, NJ Monroe Township, NJ SD Concrete Corporation TNS Construction Pax Mundus Enterprise LLC Piscataway, NJ Stanhope, NJ Monmouth Junction, NJ WHEREAS, the lowest responsible, responsive bid was received from AA Berms, LLC, Belleville, NJ base bid amount $26,700.00 with a general allowance of $10,000.00 for a total amount of $36,700.00 and Page 17 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, it is the recommendation of Joseph Golden, City Engineer that the contract be awarded to AA Berms, LLC, Belleville, NJ in the amount of $36,700.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for ADA Ramp Addition Passaic City Hall be awarded to AA Berms, LLC, Belleville, NJ in the amount of $36,700.00. 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 Acct. #G-02-40-021- ARP-020. CITY OF PASSAIC RESOLUTION NO. 22-06-139 RESOLUTION AUTHORIZING THE ISSUANCE OF ESTIMATED TAX BILLS WHEREAS, the City of Passaic has determined that the Municipal Tax Collector will be unable to complete the mailing and/or delivery of 2022 tax bills by June 15, 2022 as required by law, since the City’s tax rate has not yet been certified by the County; and WHEREAS, N.J.S.A. 54:4-66.2 provides that in the above circumstance the governing body may authorize and direct the Tax Collector to prepare and issue estimated tax bills for the third quarter 2022, as provided by statute, and such bills must be mailed to tax payers by June 30, 2022; and WHEREAS, N.J.S.A. 54:4-66.2 also provides that in the event that Estimated Tax Bills are issued, that Reconciled Page 18 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Tax Bills must also be issued for the same tax year by September 30, 2022; WHEREAS, it is in the best interests of the City of Passaic that said authorization be granted; WHEREAS, the Chief Financial Officer and the Tax Collector have computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3 and has attached a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic as follows: 1. The Tax Collector be and hereby is authorized and directed to prepare and issue estimated tax bills for the City of Passaic for the third installment of 2022 taxes, and shall proceed and take such actions as are permitted and required by New Jersey statutes, specifically N.J.S.A. 54:4-66.2 and 54:4-66.3. 2. The entire estimated tax levy for 2022 is hereby set at $113,277,786.00_and the tax rate is set at $3.852 per $100 of assessed valuation. 3. In accordance with the law, the third installment of 2022 taxes shall not be subject to interest until the later of August 10 or the 25th calendar day after the date the estimated tax bills are mailed. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Page 19 of 23 Passaic City Council June 9, 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. 2352-22 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 401 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 406 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 39 High Street East Beginning at a point 121 T95LTV feet south of the southerly curbline of Hammond Avenue and extending to a point 22 feet therefrom 385 Oak Street South Beginning at a point 307 B93MWY feet west of the westerly curbline of Tulip Street Page 20 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK and extending to a point 20 feet westerly 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 # 196 Dayton East Beginning at a point 157 B14PXR Avenue feet north of the northerly curbline of President Street and extending to a point 22 feet northerly therefrom 64 Hamilton East Beginning at a point 50 B25MKX Avenue feet north of the northerly curbline of Madison Street and extending to a point 22 feet northerly therefrom 191 Harrison South Beginning at a point 141 ZVC82Y Street feet east of the easterly curbline of Hope Avenue and extending to a point 22 feet easterly therefrom 65 Howe Avenue South Beginning at a point 153 D85EVC feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 228 Monroe North Beginning at a point 90 D37NBV Street feet east of the easterly curbline of Columbia Page 21 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Avenue and extending to a point 22 feet easterly therefrom 385 Oak Street South Beginning at a point 307 9719HH feet west of the westerly curbline of Tulip Street and extending to a point 20 feet westerly therefrom 272 Passaic North Beginning at a point 99 1586HJ Street feet west of the westerly curbline of Columbia Avenue and extending to a point 24 feet westerly therefrom Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on June 21, 2022. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel PAYMENT OF BILLS On a motion by Council Member Melo and seconded by Council Member Garcia, the PAYMENT OF BILLS was accepted and approved. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel Page 22 of 23 Passaic City Council June 9, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK MAYOR’S UPDATE  On behalf of the administration and city council, he wished all high school seniors who have just had their prom and will be graduating, a happy summer.  Spray pads are up and running and playground rubber surfaces will be updated.  Summer programs for children have been expanded.  The next city event will be Juneteenth in collaboration with NAACP. City council members thanked the Business Administrator and CFO Omar Garcia for a clear and concise budget presentation. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Garcia and seconded by Council Member Love the meeting was adjourned at 8:43 p.m. ROLL CALL (VIA ZOOM) AYES: Love Melo Schwartz Garcia CP Schaer ABSENT: Munk Patel ATTEST: APPROVED: Susie Burns, Gary S. Schaer, City Attorney Council President Page 23 of 23

Agenda

City Council Agenda: JUNE 9, 2022 City of Passaic New Jersey CITY COUNCIL https://drive.google.com/drive/folders/1yyCLCdtN0Fdu0J_ucAqP6Pi4_vOXYKkS?usp=sharing REGULAR MEETING AGENDA JUNE 9, 2022 7:00 P.M. 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 VIRTUAL STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON MAY 31, 2022 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MAYORS PRESENTATION  2022 Budget Transmittal V. HEARING OF CITIZENS In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion VI. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Page 1 of 4 City Council Agenda: JUNE 9, 2022 1. ORDINANCE NO. 2350-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER 2. ORDINANCE NO. 2351-22 ORDINANCE AMENDING CHAPTER 149, “FOOD ESTABLISHMENTS”, ARTICLE XIII “FARMERS’ MARKETS”, SECTIONS 51 AND 52 OF THE CITY OF PASSAIC CODE TO EXTEND THE FARMERS’ MARKET OPERATING SEASON VII. COMMUNICATIONS 3. Dr. Terrence L. Love from Passaic Public Schools( Sallie D. Gamble School 16) submitting an application to have an Academic Celebration on June 08, 2022 from 7a.m. to 4:00p.m. at Pulaski Park Turf 4. Robert Schik from ADAS Israel Congregation submitting an application to have Procession on June 09, 2022, from 5 p.m. to 7 p.m. Procession will start at 84 Ridge Ave and will travel to Brook Ave to Broadway ending at 565 Broadway, ADAS Isreal Congregation 5. La Rancherita Bar, INC. 22 Jackson Street, Passaic, NJ submitting an application for their renewal entertainment license for the year 2022 6. Fr. Hernan Cely from St. Anthony of Padua 101-103 Myrtle Ave, Passaic. submitting an application to have Parish Festival, in their parking lot (private property), on June 03, 2022, from 6:00 p.m. to 12:00 a.m.; June 04, 2022, from 4:00 p.m. 12:00 a.m.; June 05, 2022, from 1:00 p.m. to 10:00 p.m. (Contingent Upon Departmental Approvals) 7. Raheem Starr from Tri City Ballers- 6 Peach St. Passaic, NJ. submitting an application to have Car Wash on June 11, 2022 from 10a.m. to 5p.m. at Alfred Speer Village 8. Isabel C. Agudelo from Amigos Colombianos, P.O. Box 2349, Passaic, submitting an application to hold a Flag Raising, in front of Passaic City Hall on July 16, 2022 from 1p.m. to 3 p.m. 9. Raj Rana from Rana Samaj USA, 23 Prospect, Passaic, submitting an application to hold a flag Raising, in front of Passaic City hall on August 14, 2022 from 10a.m. to 12p.m. 10. Derrick Coppin from Church of Jesus Christ Apostolic, 50-62 Third St, Passaic NJ. submitting the following applications:  Back to School event on August 27, 2022, from 11 am. To 3 p.m. at CJC private parking lot in 50-62 Third Street  Outreach outdoor BBQ on August 20, 2022 from 11a.m. to 3p.m. at Third Ward Park 11. Rec A. Stefan Las from Holy Rosary R.C. Church , 6 Wall Street submitting application to hold Church Picnic on September 11, 2022 from 1p.m. to 10p.m. at Parish Grounds 12. Kenese Robinson from New Jersey Department of Health ,55 North Willow St, Trenton NJ, submitting application to hold a Covid 19 Vaccination Event on June 09, 2022 from 12p.m. to 6p.m. at Shoprite -503 Paulison Ave Page 2 of 4 City Council Agenda: JUNE 9, 2022 13. Guillermo Garcia from Peruvian Parade Inc., 21 Vernon Ct, Wayne NJ, submitting application to hold a flag raising, in front of Passaic City Hall on July 23, 2022 from 10a.m. to 12p.m. 14. Pastor Roberto from Brothers United in Christ Church, 60 Summer St, Passaic NJ, submitting Outdoor Services Tuesday – Sunday from June 01, 2022, to September 30, 2022( see attached for time) on Church Private Parking Lot 15. Tamara I. Morales from Org. of Mex-Am United in NJ (OMAU), 300 Monroe St, Passaic NJ, submitting the following application  Heritage /Cultural Event on September 25,2022 from 1p.m. to 7p.m. at Pulaski Park  Flag Raising and Parade on September 25, 2022, flag-raising will be held from 10 a.m. to 11:45 a.m. in front of City Hall, the parade will commence at 11:45 a.m. and it will travel to City Hall to Passaic St and Lexington Ave to Monroe St to Market St to Mercer St Ending At Pulaski Park 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. 16. Passaic School Board of Education submitting May 23, 2022, Annual Organization Meeting Notice 17. North Jersey District Water Supply Commission, submitting the following:  May 25,2022, Public Meeting Agenda 18. NJDEP submitting the following:  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05- 023-1052-40  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-016-1358-41  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-016-1652-41  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 22-05-019-1041-27 VIII. RESOLUTIONS 19. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JUNE 09, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 20. RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT 21. RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE RADON ACTION PARTNERSHIP PROGRAM 22. RESOLUTION AUTHORIZING SHARED SERVICE AGREEMENT BY AND BETWEEN CITY OF PASSAIC AND PASSAIC VALLEY WATER COMMISSION FOR FIRE HYDRANT TESTING AND INSPECTION SERVICES OF THE WATER DISTRIBUTION SYSTEM Page 3 of 4 City Council Agenda: JUNE 9, 2022 23. RESOLUTION ADOPTING THE CITY OF PASSAIC’S PROCEDURE FOR ADMINISTRATION AND INSPECTION OF FEDERAL-AID HIGHWAY PROJECTS 24. RESOLUTION AUTHORIZING A CONTRACT WITH AUTOMOTIVE BRAKE CO., BUY WISE AUTO PARTS, SUPERIOR DISTRIBUTORS, P&A AUTO PARTS, ROUTE 23 AUTO MALL, W.E. TIMMERMAN NORTHEAST BATTERY & ALTERNATOR, LLC, AUBURN, MA, AND BEYER BROTHERS CORP., FAIRVIEW, NJ FOR THE PURCHASE OF AUTO PARTS FOR ALL CITY VEHICLES(in an approximate amount of $ 130,000.00 inclusive of all listed vendors) 25. RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH AA BERMS, LLC FOR GRIFFIN LATONA 100 STEPS RECONSTRUCTION CITY OF PASSAIC (AA Berms - ratified and accepted, adjusting the contract to the revised total amount of $ 492,775.40) 26. RESOLUTION AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT AND SOFTWARE (CDW Government LLC in the approximate amount of $ 100,000.00.) 27. RESOLUTION AWARDING CONTRACT FOR ADA RAMP ADDITION PASSAIC CITY HALL CITY OF PASSAIC (Contract be awarded to AA Berms, LLC, Belleville, NJ in the amount of $36,700.00) 28. RESOLUTION AUTHORIZING THE ISSUANCE OF ESTIMATED TAX BILLS IX. ORDINANCE FOR INTRODUCTION AND FIRST READING: 29. ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER X. PAYMENT OF BILLS XI. ADMINISTRATOR’S REPORT XII. MAYOR’S REPORT XIII. ADJOURNMENT (Next meeting of the City Council – June 21, 2022) JOIN MEETING LINK: https://www.facebook.com/PassaicCityHall/ MEMBERS OF THE PUBLIC, WHO WOULD LIKE TO PARTICIPATE DURING THE PUBLIC PORTION FOR PUBLIC COMMENT, CAN CALL-IN AT 929 436 2866 US (New York) AND ENTER THE MEETING ID # 898 9261 2341 For residents dialing in please be advised to Press *6 to mute or unmute your phone Press *9 to raise your hand and indicate you would like to speak Page 4 of 4

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