City Council

City of Passaic New Jersey Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND LIVE STREAM VIA FACEBOOK ON TUESDAY, SEPTEMBER 6, 2022 AT 7:00 P.M. Weatherly Frias, Deputy 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 21, 2022, SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2022- 2023; 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 IN PERSON and VIRTUAL STREAMED VIA ZOOM. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON September 17, 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 Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie Burns, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council Member Love joined at 7:07 p.m. PRESENTATION Passaic Valley Water Commission - Lead Service Line Presentation was presented by Bryan Frierson from PVWC and Brian Kearney of CDM Smith. Council Member Munk joined at 7:12 p.m. via ZOOM. Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S UPDATE  Gov Murphy visited Passaic to cut the ribbon on the Dayton Avenue Educational complex.  Today was first day of school for most public schools.  The last family festival will be at Third Ward Memorial Park to build and reinforce the relationship between public safety and the residents.  Summer programs ended and fall programs will begin.  Passaic’s first high school football game took place.  A memorial ceremony will be held on Friday, September 9 at City Hall to honor those lost on 9/11.  The Mexican Day parade will happen on September 25.  The FMDA and PBA unions held bookbag drop, at DAV on Paulison Avenue. The city of Passaic also had their bookbag drop and supplies for teachers.  At the last Passaic Board of Education meeting, Mayor Lora presented a proposal for a museum in Passaic to be housed in Passaic High School. HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Joe Conoscenti, 170 Broadway  Why is the Robert D. Scone monument across from boys and girls club, on the outside of the fence? Page 2 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  He wants to see a bronze plaque of police officers killed in the line of duty.  Why are the meters not working on Monroe Street and half of Broadway?  He would like permission to change the flags at the Christopher Columbus memorial in Third Ward Park.  He would like to see a plaque with Latona Griffin name at the top of 13 steps.  On the wall outside of council chambers, he would like some additional names to be added. Joseph Wolf, 71 Spring St  Was the garbage contract rebid?  Should DPW be outsourced?  Is a warehouse better for the city than multi apartment unit?  He wants to see more inclusion on the planning board. Ari Mack, 187 Howard Ave  What is the status of fencing at the Howard Avenue stream?  Why is the city adding more residential areas? After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 3 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 2353-22 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) Council Member Melo moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Schwartz, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 4 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2354-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Schwartz 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Schwartz and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 5 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2356 ORDINANCE AMENDING CHAPTER 295 “VEHICLES AND TRAFFIC, ARTICLE XV “LOADING ZONES”, SECTION 36.1 “LOADING OR UNLOADING PASSENGERS AT CERTAIN LOCATIONS AND DURING CERTAIN HOURS” OF THE CITY OF PASSAIC CODE Council Member Schwartz moved the ordinance be voted down on second reading which motion was seconded by Council Member Melo upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2357 ORDINANCE AMENDING CHAPTER 151 “FORECLOSING MORTGAGES AND VACANT PROPERTY, REGISTRATION OF”, SECTIONS 2 “DEFINITIONS”, 5 “INSPECTION AND REGISTRATION OF REAL PROPERTY UNDER FORECLOSURE”, AND 6 “INSPECTION AND REGISTRATION OF REAL PROPERTY THAT IS NOT SUBJECT TO A MORTGAGE IN FORECLOSURE” OF THE CITY OF PASSAIC CODE 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 6 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Love the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2358-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed Page 7 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2359-22 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 8 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Schwartz and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X COMMUNICATIONS AND PETITIONS: 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 Weatherly Frias, Deputy City Clerk, submitting a request a refund to the following organizations:  KM Soccer Training Academy 62 Edward Court, Clifton NJ in the amount of $2000.00 for a cash bond (Soccer Game Guatemala Vs Honduras)  United Passaic Organization – Food Truck and Music Festival –in the amount of $700.00 (Cancelled)  Angela Herrera ,229 Palmer St, Passaic NJ – Temporary Food Peddler License in the amount of $100.00 City of Passaic Department of Recreation, 330 Passaic St, Passaic NJ, submitting the following applications:  Baseball and Softball Trophy Ceremony in Third Ward Park (Glenside Ave) on September 03, 2022, from 12:00 p.m. to 2:00 p.m. (Contingent Upon Departmental Approvals)  Sunny Smiles Field Day/ Nation youth Field Day in Christopher Columbus Park on August 12, 2022, from 9:00 a.m. to 4:00 p.m. City of Passaic Administration, 330 Passaic St, Passaic NJ, submitting an application to hold a Bridging Ceremony (Girl Scout) on August 27, 2022, from 1:00 p.m. to 3:00 p.m. City Green Inc, 171 Grove St, Clifton NJ, submitting an application to hold a Produce Box Market in front of 333 Passaic St on August 22, 2022, from 11:00 a.m. to 12:00 p.m. Page 9 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Iglesia Pentecostes Vision Renovadora, 565 Main Ave, Passaic NJ, submitting an application to hold an Outdoor Church service in Christopher Columbus Park (Stage Area)on September 24, 2022, from 10:00 a.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) PHA Chestnut Garden Resident Council, 228 Chestnut Street, Passaic NJ, submitting an application to hold a Flea Market in Chestnut Garden Complex on August 27, 2022, from 10:00 a.m. to 5:00 p.m. Vreeland Village Community Association, 220-222 6th St., Passaic NJ, submitting an application to hold a Neighborhood Family And Friends Back To School Event, in Vreeland Village (Parking Lot) on August 27, 2022, from 12:00 a.m. to 9:00 p.m. The Grand Saritas, 82 President St., submitting application to renew their Entertainment license for the year 2022. Factory 220, LLC, 220 Passaic Street, submitting application to renew their Entertainment license for the year 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Schwartz the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following:  Memorandum posthumously appointing Sgt Ralph Merced to Police Lieutenant Page 10 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Memorandum appointing Leszek Lorenc and reappointing Jonese Simpson as Special Law Enforcement Office Class III Passaic Municipal Court submitting their monthly court report – July 2022 Millenium Strategies Activity Report for calendar year 2022 Brockerhoff Environmental Services, LLC submitting the following:  Kurtin’s Service Center, 25-29 Passaic Avenue, Passaic Block: 2147.01, Lot: 53 NJDEP Program Interest #027136 North Jersey District Water Supply Commission, submitting the following:  Minutes of their June 22, 2022 Regular Meeting  Minutes of their July 27, 2022 meeting  Notice and Agenda of their August 24, 2022 Weston Solutions, Inc., submitting the following:  Correspondence amends the supplements the response action outdated July 26, 2019 Restricted Use with Permit Requirements, Former Pompton Lakes Gas Distribution Headquarters, 430 Montclair Avenue, Pompton Lakes New Jersey Department of Environmental Protection, submitting the following:  Land Use Permit Application-Stone Front Financial Group- Site Location: 74-120 & 122-152 8th Street  Notice of their September 21, 2022, Public Hearing re: P Park NJ, LLC  Suspected Hazardous Discharge Notification- NJDEP CASE NO22-08-03-0846-36  Suspected Hazardous Discharge Notification- NJDEP CASE NO22-07-1519-05 Passaic Valley Water Commission, submitting the following:  Notice cancelling their August 24, 2022 public meeting Page 11 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Notice and Agenda of their July 27, 2022 public meeting PSE&G, submitting the following:  Notice of their August 31, 2022 public hearing  Notice of their September 7, 2022 public hearing Jose A. Paulino Vasquez, Applicant, submitting the following:  Notice to Property Owners within 200ft of a Development – Meeting scheduled for August 9, 2022 City of Passaic Redevelopment Agency, submitting notice canceling their August 11, 2022 regular meeting ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X On a motion by Council Member Schwartz and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Passaic Board of Education submitting the following:  Notice of their August 24, 2022 public meeting  Notice rescheduling their August 29, 2022 meeting to August 24, 2022  Notice rescheduling their September 26, 2022 meeting to September 19, 2022 ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X ABSTAIN X X X X Page 12 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CY 2022 BUDGET ADOPTION Council President Schaer read said Resolution by title: CITY OF PASSAIC RESOLUTION NO. 22-09-205 RESOLUTION ADOPTION OF THE CY 2022 MUNICIPAL BUDGET 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the resolution be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON SEPTEMBER 6, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Page 13 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Melo and seconded by Council Member Garcia the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-09-205 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEAL CAPTIONED JEFFERSON PROPERTY INVESTORS LLC V. CITY OF PASSAIC WHEREAS, Jefferson Property Investors, LLC has filed tax appeals in Tax Court challenging the assessment of real property designated as Block 1085, Lot 20, on the official Tax Map of the City of Passaic and located at 97 Jefferson Street, Passaic, New Jersey for the tax years 2020, 2021, and 2022; and WHEREAS, the total refund and estimated tax credit for the proposed settlement offer is approximately $13,343.25; and WHEREAS, it has been determined that the proposed settlement offer is in the best interest of the City of Passaic; and WHEREAS, the City of Passaic wishes to accept the proposed settlement offer 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 matter of Jefferson Property Investors, LLC v. City of Passaic. BE IT FURTHER RESOLVED that the Mayor, City Clerk and City’s Tax Appeal Attorney are hereby authorized and directed to execute any other documents necessary to effectuate the purpose of this Resolution. Page 14 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-206 RESOLUTION: APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE 2022 PASSAIC CITY 8TH STREET PRESERVATION PROJECT NOW, THEREFORE, BE IT RESOLVED that Council of the City of Passaic formally approves the grant application applying for $950,000 for the above stated project. BE IT FURTHER RESOLVED that the Council and Clerk are hereby authorized to submit an electronic grant application identified as to the New Jersey Department of Transportation LFIF-2022-Passaic City-00007 on behalf of the City of Passaic. BE IT FURTHER RESOLVED that the Council and Clerk are hereby authorized to sign the grant agreement on behalf of the City of Passaic and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. CITY OF PASSAIC RESOLUTION NO. 22-09-207 RESOLUTION AUTHORIZING TRAINING AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC COUNTY COMMUNITY COLLEGE FOR EKG TECHNICIAN TRAINING WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Training Agreement for EKG Technician Training (“Agreement”) with Passaic County Community College, One College Boulevard, Paterson, New Jersey 07505 (“PCCC”); and Page 15 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, City has received a grant from the Department of Housing and Urban Development (HUD) via the Community Development Block Grant known as the CDBG CARES Act, which was enacted in order to prevent, prepare for and respond to the current Coronavirus pandemic (COVID-19); and WHEREAS, an approved program that these funds may be used for is a medical job training program for income qualified residents of City; and WHEREAS, City has requested that PCCC provide EKG Technician training to certain constituents of City; and WHEREAS, City and PCCC 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 Training Agreement with Passaic County Community College for EKG Technician training subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Training Agreement attached hereto; and BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Training Agreement shall be forwarded to Passaic County Community College. CITY OF PASSAIC RESOLUTION NO. 22-09-208 RESOLUTION AUTHORIZING TRAINING AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC COUNTY COMMUNITY COLLEGE FOR PHLEBOTOMY TECHNICIAN TRAINING Page 16 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Training Agreement for Phlebotomy Technician Training (“Agreement”) with Passaic County Community College, One College Boulevard, Paterson, New Jersey 07505 (“PCCC”); and WHEREAS, City has received a grant from the Department of Housing and Urban Development (HUD) via the Community Development Block Grant known as the CDBG CARES Act, which was enacted in order to prevent, prepare for and respond to the current Coronavirus pandemic (COVID- 19); and WHEREAS, an approved program that these funds may be used for is a medical job training program for income qualified residents of City; and WHEREAS, City has requested that PCCC provide Phlebotomy Technician training to certain constituents of City; and WHEREAS, City and PCCC 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 Training Agreement with Passaic County Community College for Phlebotomy Technician training subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Training Agreement attached hereto; and BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Training Agreement shall be forwarded to Passaic County Community College. Page 17 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-209 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received a tax payments on property known as Block 3300.02 Lot 27, by the Mortgage servicer, CoreLogic, in the amount of $2,020.50 WHEREAS, on 6/30/2022 CoreLogic submitted a written request indicating that this payments was submitted in error on the wrong property and they requested a transfer of funds to the correct property, Block 3300.02 Lot 25. WHEREAS, the transfer of funds have created an overpayment on Block 3300.02 Lot 25 and CoreLogic requested a refund of the overpaid amount to them directly. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer is hereby authorized to make the following refund(s) and for the Tax Collector to adjust her records accordingly. BLOCK LOT PROPERTY Name & Address YEAR AMOUNT 3300.02 25 27 John St. Rosenhan, Gedalia & Zelda 2022 $2,020.50 CITY OF PASSAIC RESOLUTION NO. 22-09-210 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received duplicate tax payments on property known as Block 3278 Lot 1.8 Qual. C0017 by the owners and Mortgage servicer, CoreLogic, in the amount of $4,179.39 Page 18 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, on 7/29/2022 the property owner submitted a written request indicating that the double payment was submitted in error and requested a refund to be issued to them directly. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer is hereby authorized to make the following refund(s) and for the Tax Collector to adjust her records accordingly. BLOCK / LOT PROPERTY Name & Address YEAR AMOUNT 3278/1.8/C0017 465-481 Van Houten Ave Barretto, Grace 2022 $4,179.39 465 Van Houten Ave. Apt. #17 Passaic, NJ CITY OF PASSAIC RESOLUTION NO. 22-09-211 FURNISHING, DELIVERY, AND INSTALLATION EXHAUST REMOVAL SYSTEM EASTSIDE FIREHOUSE – 11 HOPE AVENUE WESTSIDE FIREHOUSE – 360 PAULISON AVENUE CITY OF PASSAIC WHEREAS, the City of Passaic solicited bids for Furnishing, Delivery, and Installation Exhaust Removal System Eastside Firehouse – 11 Hope Avenue Westside Firehouse – 360 Paulison Avenue; and WHEREAS, bids were received on December 29, 2021 but were rejected because the specifications needed to be revised for this service; and WHEREAS, the City re-bid the project on April 22, 2022 and no bids were received; and WHEREAS, the City re-bid the project for the third time on June 29, 2022 and no bids were received; and Page 19 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, as per Local Public Contracts Law 40A:11- 5(3), a contract can be negotiated and awarded upon adoption of a resolution by a two thirds affirmative vote of the governing body when no bids have been received two or more times; and WHEREAS, letters were sent to all bidders who submitted a bid on December 29, 2021 bid opening inviting them to participate in the negotiation process; and WHEREAS the negotiations conducted by Doris Dudek, Director of Purchasing and Patrick Trentacost, Fire Chief resulted in Clean Air Company, Fords NJ being the lowest responsible bidder; and WHEREAS, the terms, conditions, restrictions and specifications set forth in the negotiated contract are not substantially different from those which were the subject of the original bid document; and WHEREAS, the City of Passaic wishes to enter into a contract with Clean Air Company in the amount of $128,000 for Furnishing, Delivery, and Installation Exhaust Removal System Eastside Firehouse – 11 Hope Avenue Westside Firehouse – 360 Paulison Avenue. 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. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a contract with Clean Air Company in the amount of $128,000 for Furnishing, Delivery, and Installation Exhaust Removal System Eastside Firehouse – 11 Hope Avenue Westside Firehouse – 360 Paulison Avenue in the amount of $ $128,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. Page 20 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for this project are available in Account # G-02- 40-021-AFG-020 and 2-01-25-265-020-028 contingent upon funds being approved by the Governing Body CITY OF PASSAIC RESOLUTION NO. 22-09-212 RESOLUTION REJECTING BIDS FOR THE OPERATION AND MAINTENANCE OF THE CITY OF PASSAIC’S WASTEWATER AND SEWERAGE REMOVAL SYSTEM WHEREAS, bids were received by the Purchasing Department on Wednesday August 10th, 2022, for the Operation and Maintenance of the City of Passaic’s Wastewater And Sewerage Removal System; and WHEREAS specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: Onvia North America Procurement AWI Seattle, WA Council Inc PBC Austin, TX Grand Junction, CO Remington & Vernick Construction Information Engineers Systems Cherry Hill, NJ Kinnelon, NJ Montana Construction Suburban Consulting Corp. Inc Engineers, Inc. Lodi, NJ Flanders, NJ John Garcia Construction O & M Solutions LLC Co Inc Freehold, NJ Clifton, NJ WHEREAS, a bid was received from National Water Main Cleaning of Kearny, NJ for a lump sum of $3,155,000.00/Two (2) Year Contract; and WHEREAS, a bid was received from Delgado Brothers Plumbing, Passaic, NJ which was deemed non-responsive as Page 21 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC per Statute 40A11-23.2 (Submission of a Certificate of Surety) which is a mandatory document; and WHEREAS, the bid received from National Water Main Cleaning of Kearny, NJ exceeds the budget appropriation; and WHEREAS it is the recommendation of Joseph Golden, City Engineer, that this bid be rejected. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid received on Wednesday, August 10, 2022, for Operation and Maintenance of the City of Passaic’s Wastewater and Sewerage Removal System be rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Operation and Maintenance of the City of Passaic’s Wastewater and Sewerage Removal System be rejected. Pursuant to N.J.S.A. 40A:11-5 (option to Negotiate) between the two (2) bidders, Delgado Brothers Plumbing Passaic, NJ and National Water Main Cleaning Kearny, NJ that were rejected due to their bids exceeding the budget appropriation and deemed non- responsive. CITY OF PASSAIC RESOLUTION NO. 22-09-213 RESOLUTION AWARDING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DIVISION OF ENGINEERING CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on August 16, 2022 for Professional Engineering Services for the Division of Engineering; and Page 22 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, proposals were received as per the attached; and WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Tectonic Engineering D & B Engineers and H2M Associates Bowman Consulting Mountainside, NJ Architects PC Parsippany, NJ Group Woodbury, NY Cedar Knolls, NJ Structuretech ELP PKB Engineering Keystone Engineering High Bridge, NJ Corp. Engineering Group Paterson, NJ Secaucus, NJ Hamilton, NJ PQR Enovate Roberts Jersey City, NJ Cranford, NJ Engineering Group LLC Hamilton, NJ Vanasse Hangen Bluefin LLC MKW + Associates Brustlin Inc Greenwood Village, LLC Manasquan, NJ CO Rutherford, NJ T & M Associates NV5 INC Concord Bloomfield, NJ Parsippany, NJ Engineering Group Inc Voorhees, NJ Iteris CHA Consulting Inc McMahon Grant Engineering Fairfax, VA Parsippany, NJ Associates Inc & Construction Fort Washington, Group LLC WA Newark, NJ WHEREAS, the evaluation Committee reviewed the proposals received and recommends that the contract for Professional Engineering Services for the Division of Engineering be awarded to Neglia Group of Lyndhurst, NJ on a 6 months basis starting from September 1, 2022 and ending February 28, 2023 for a total amount not to exceed $67,200.00 with an hourly rate of $175.00/hr. for Engineering Services and an hourly rate of $262.50 for Emergency Engineering Services after 4:00 p.m. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Professional Engineering Services for the Division of Engineering be Page 23 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC awarded to Neglia Group of Lyndhurst, NJ on a 6 months basis starting from September 1, 2022 and ending February 28, 2023 for a total amount not to exceed $67,200.00 with an hourly rate of $175.00/hr. for Engineering Services and an hourly rate of $262.50 for Emergency Engineering Services after 4:00 p.m. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Engineering 2022 OE Budget Contractual, Acct. 2-01-20-165 000-029 contingent upon budget being approved by the Governing Body. CITY OF PASSAIC RESOLUTION NO. 22-09-214 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A CONTRACT FOR SOFTWARE LICENSING FOR HEALTH DEPTARTMENT, CODE ENFORCEMENT, TAX ASSESSOR, FIRE PREVENTION, ENGINEERING AND DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Passaic, wishes to enter into an agreement with SHI International of Somerset, NJ for Software Licensing for Health Department, Code Enforcement, Tax Assessor, Fire Prevention, Engineering and Department of Public Works under Bergen County Cooperative Contract Purchasing System #CK04 ; and WHEREAS, the software license is the primary database that performs functions and services for inspections and tracking; and WHEREAS, Local Public Contracts Law 40A:11-2 authorizes the purchase of any materials, supplies or equipment under a Cooperative Pricing System entered on behalf of the State by the Division of Purchase and Page 24 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the cost for the software license is $ 57,000.000 for the period October 1, 2022 through September 30, 2023. WHEREAS, it is the recommendation of Chris Post, IT, that the agreement be entered into with SHI International for Software Licensing in the total amount of $ 57,000.00 for the period October 1, 2022 through September 30, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Software Licensing for Health Department, Code Enforcement, Tax Assessor, Fire Prevention Engineering and Department of Public Works be awarded to SHI International in the amount of $ 57,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Health Department, Code Enforcement, Tax Assessor, Fire Prevention, Engineering and Department of Public Works Accounts. Funds for the subsequent budget years are available providing approval by the governing body. CITY OF PASSAIC RESOLUTION NO. 22-09-215 RESOLUTION AWARDING CONTRACT FOR TURF FIELD MAINTENANCE PULASKI PARK SOCCER/FOOTBALL FIELD ROBERTO CLEMENTE BASEBALL FIELD CHRISTOPHER COLUMBUS PARK INDOOR RECREATION FACILITY AND CHRISTOPHER COLUMBUS PARK ATHLETIC FIELD Page 25 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Department of Purchasing received proposals on Wednesday July, 27, 2022 for Turf Field Maintenance, Pulaski Park Soccer/Football Field, Roberto Clemente Baseball Field, Christopher Columbus Park Indoor Recreation Facility and Christopher Columbus Park Athletic Field; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, proposals were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic's website from the following vendors, none of whom submitted proposals; and Hera Sports Surfaces BrightView Landscapes LLC Newark, DE Boonton, NJ WHEREAS, it is the recommendation of the Evaluation Committee that the contract be awarded to The Landtek Group, Inc. of Bayshore, NY in the amount not to exceed $25,900.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Turf Field Maintenance, Pulaski Park Soccer/Football Field, Roberto Clemente Baseball Field, Christopher Columbus Park Indoor Recreation Facility, and Christopher Columbus Park Athletic Field be awarded to The Landtek Group, Inc, of Bayshore, NY in the amount not to exceed $25,900.00. CERTIFICATION OF FUNDS Funds for the above are available in Recreation Acct. #2- 01-28-370-000-029. Funds for subsequent year will be available contingent upon budget approval. Page 26 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-216 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE PASSAIC COUNTY DIG IN! DAFFODIL, TREE AND NATIVE PERENNIAL GRANT PROGRAM - DIG IN! TREE GRANT WHEREAS, the City of Passaic wishes to submit an application to the Dig In! Daffodil, Tree and Native Perennial Grants Program (“Program”) offered through the Passaic County Board of Chosen Freeholders (“County”) and City Green, Inc. (“City Green”), an urban farming and gardening nonprofit organization having an office at 171 Grove Street, Clifton, NJ 07013;; and WHEREAS, City Green's Dig In! program supports community organizations, youth organizations, faith-based organizations, municipal “adopt-a-lot” programs, garden clubs, green teams, and energetic community members looking to spearhead a public greening project located in Passaic County; and WHEREAS, the City of Passaic wishes to apply for the Dig In! Tree grant that provides up to 10 native Eastern Redbud Trees that would be planted in the parks within the City of Passaic. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application for the Passaic County Dig In! Passaic County Dig In! Daffodil, Tree and Native Perennial Grant Program for 10 native Eastern Redbud Trees; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk and Department of Public Works 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 27 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-217 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE PASSAIC COUNTY DIG IN! DAFFODIL, TREE AND NATIVE PERENNIAL GRANT PROGRAM - DIG IN! DAFFODIL BULB GRANT WHEREAS, the City of Passaic wishes to submit an application to the Dig In! Daffodil, Tree and Native Perennial Grants Program (“Program”) offered through the Passaic County Board of Chosen Freeholders (“County”) and City Green, Inc. (“City Green”), an urban farming and gardening nonprofit organization having an office at 171 Grove Street, Clifton, NJ 07013;; and WHEREAS, City Green's Dig In! program supports community organizations, youth organizations, faith-based organizations, municipal “adopt-a-lot” programs, garden clubs, green teams, and energetic community members looking to spearhead a public greening project located in Passaic County; and WHEREAS, the City of Passaic wishes to apply for the Dig In! Daffodil Bulb Grant for the maximum award of 5,000 daffodil bulbs; WHEREAS the City of Passaic would plant the daffodils in highly visible areas throughout the city including but not limited to Armory Park, Third Ward Park, Garibaldi Plaza, Columbia Park and Dignity House. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application for the Passaic County Dig In! Passaic County Dig In! Daffodil, Tree and Native Perennial Grant Program for 5,000 daffodil bulbs; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk and Department of Public Works 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 28 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-218 RESOLUTION FOR THE AUTHORIZATION TO RETAIN PLANNING SERVICES FROM THE DEPARTMENT OF COMMUNITY AFFAIRS LOCAL PLANNING SERVICES WHEREAS, the City of Passaic is in need of professional planning services to prepare a Bicycle Master Plan and a Pedestrian Master Plan for the entire City (“the project”); and WHEREAS, the New Jersey Department of Community Affairs, Office of Local Planning Services (“LPS”) provides a variety of planning services at no direct cost to eligible municipalities; and WHEREAS, the City of Passaic is an eligible municipality and an application for services was submitted by the City’s Urban Enterprise Zone Project Manager, Joseph Buga, to Local Planning Services on August 18, 2022; and WHEREAS, the City of Passaic has received the Scope of Work for the project prepared by Local Planning Services (attached); and WHEREAS, the City of Passaic desires to accept the aforementioned Scope of Work and Ricardo Fernandez as the contact person for the project; and WHEREAS, there is no budgetary impact on the City of Passaic for the services being provided by LPS; and WHEREAS, the City of Passaic does not presently have the resources to perform the services being provided by LPS nor is the City of Passaic under contract with a professional planner to complete the project; and Page 29 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Council deems the interests of the City of Passaic will be best served by accepting LPS Services; and WHEREAS, as a condition of receiving LPS’s services, the City of Passaic is required to form a Working Committee to guide and provide information to LPS; and WHEREAS, the City of Passaic is committed to the completion of this project and will assist LPS as needed and as outlined in the Scope of Work. NOW THEREFORE BE IT RESOLVED that the City of Passaic hereby appoints Ricardo Fernandez and authorizes her to perform all acts necessary to accomplish the intent of this resolution; and BE IT FURTHER RESOLVED by the City of Passaic as follows: 1. The City of Passaic will retain professional services provided by LPS and approves the attached Scope of Work for the project. 2. The City of Passaic hereby establishes a Working Committee to assist LPS and authorizes the Mayor to appoint the members of the Working Committee and/or any replacement members necessary to retain functionality of the Committee in the event of vacancies; and 3. The City of Passaic will provide access to appropriate municipal staff, consultants and officials, meeting space, and other non-monetary resources that may be necessary to complete the identified planning project. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to retain professional services provided by LPS and approves the attached Scope of Work for the project and BE IT FURTHER RESOLVED, that the Mayor, City Clerk and Engineering Department are hereby authorized and Page 30 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-09-219 RESOLUTION REJECTING BIDS FOR REHABILITATION OF 69 JEFFERSON STREET CITY OF PASSAIC WHEREAS, bids were received by the Purchasing Department on Tuesday July 26, 2022, for the rehabilitation of 69 Jefferson Street and WHEREAS, specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: H&S Construction and Preferred Masontry Mechanical Restoration INC Elizabeth, NJ Pipersville, PA Beacon Bldg Supply EKO Construction Daskal LLC East Rutherford, NJ Oakhurst, NJ Butler, NJ WHEREAS, the proposals received exceeds the budget appropriation for this project; and WHEREAS, it is the recommendation of Joseph Golden, City Engineer, that the bids for rehabilitation of 69 Jefferson Street be rejected and re- advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for rehabilitation of 69 Jefferson Street be rejected and re-advertised. Page 31 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-220 RESOLUTION AUTHORIZING A CHANGE ORDER TO INCREASE CONTRACT WITH BISDIGITAL DIGITAL COURT RECORDER MULTI-CHANNEL AUDIO-VIDEO RECORDING SYSTEM COUNCIL CHAMBERS WHEREAS, on March 9, 2022, the City Council of the City of Passaic adopted Resolution #22-03-066 (attached) approving a contract with BIS Digital in the amount of $72,318.25 for Digital Court Recorder Multi-Channel Audio- Video Recording System, Council Chambers; and WHEREAS, this change order is necessary to increase the contract as follows: Original Contract $72,318.25 Additional Equipment $412.70 Total New Contract $72,730.95 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 BISDIGITAL, Fort Lauderdale, FL for Digital Court Recorder Multi-Channel Audio-Video Recording System-Council Chambers is ratified and accepted, adjusting the contract to the revised total amount of $72,730.95. 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 the American Rescue Plan – Account #G-02-40-021-ARP-020. Page 32 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-221 RESOLUTION RE: GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT WHEREAS, NJ.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year December 31, 2021 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S.52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated NJ.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members the governing body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations, and. WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled "Comments and Recommendations", as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C'. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have Page 33 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S.52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Passaic, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2360-22 ORDINANCE TO AMEND CHAPTER 317 OF THE CITY CODE OF THE CITY OF PASSAIC, “ZONING” TO AMEND THE ZONING MAP AND ZONE DISTRICTS Page 34 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 317, “Zoning,” Article V, “Establishment of Districts; Zoning Map” Section 13, “Establishment of Districts” and Section 14 “Zoning Map; interpretation of map and district boundaries’ sets forth the rules and regulations governing zoning districts and zoning map in the City of Passaic; and WHEREAS, the New Jersey Redevelopment and Housing Law 40A:12A-7c. requires that when a redevelopment plan supersedes any provision of the development regulations, the ordinance adopting the redevelopment plan shall contain an explicit amendment to the zoning district map included in the zoning ordinance; and WHEREAS, the New Jersey Redevelopment and Housing Law 40A:12A-7c. also requires that the zoning district map as amended shall indicate the redevelopment area to which the redevelopment plan applies; and WHEREAS, the City Council passed ordinance #1648-05 approving the Eastside Redevelopment Plan superseding the development regulations of the underlying zone districts; and WHEREAS, the City Council passed ordinance #2286-20 approving the Main Avenue Redevelopment Plan superseding the development regulations of the underlying zone districts; and WHEREAS, the City Council passed ordinance #2322-21 amending the Main Avenue Redevelopment Plan area map; and Page 35 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City Council passed resolution #17-10- 327 un-designating the area in and around River Drive as an area in need of redevelopment and to rescind the River Drive Redevelopment Plan; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that Chapter 317 of the City Code of the City of Passaic, “Zoning,” shall be amended as follows: ALL ADDITIONS ARE UNDERLINED SECTION I Article V Establishments of Districts, Zoning Map § 317-13 Establishment of districts. The territory of the City is hereby divided into the following classes of districts: R-1 One-Family Residential R-2 One- and Two-Family Residential R-1A One- and Multifamily Residential R-3 Multifamily Residential O-R Office/Residential O-R1A Office/Residential C-R Commercial/Residential C-R HD Commercial/Residential High Density C Commercial M-1 Light Industrial M-2 General Industrial ERA Eastside Redevelopment Area MA-RA Main Avenue Redevelopment Area Page 36 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC §317-14.A. Zoning Map; Interpretation of Map and District Boundaries shall be amended as shown on the revised City of Passaic N.J. Zoning Map adopted August 9, 1984 and revised thereafter as follows: 1. Include the MA-RA Main Avenue Redevelopment Area and the ERA Eastside Redevelopment Area Zones superseding the underlying zones as revised in the proposed Zoning Map 2. Remove the RDRA River Drive Redevelopment Area and revert back to the original M-1 Light Industrial zoning district SECTION II If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV The City Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the Passaic County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this ordinance, after public hearing, the City Clerk is further directed to publish notice of the passage and to file a copy of this ordinance, as finally adopted, with the Passaic County Planning Board, as required by N.J.S.A. 40:55D-16. SECTION V This ordinance shall take effect after publication and passage according to law. Page 37 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on September 20, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Mayor Lora left the meeting at 9:12 p.m. Mayor Lora rejoined the meeting at 9:14 p.m. Council Member Love left the meeting at 9:17 p.m. Council Member Love rejoined the meeting at 9:20 p.m. Mayor Lora left at 9:25 p.m. Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2361-22 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 407 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 405 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: Page 38 of 46  Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC DELETION: NAME OF STREET SIDE LOCATION PLATE # 206 Autumn East (Main Avenue) Beginning at 3680HF Street a point 41 feet north of the northerly curbline of Autumn Street and extending to a point 22 feet northerly therefrom 175 Burgess South Beginning at a point 105 R72LGD Place feet west of the westerly curbline of Federal Street and extending to a point 20 feet westerly therefrom 72 Fourth Street East Beginning at a point 110 G48NCT feet north of the northerly curbline of Essex Street and extending to a point 22 feet northerly 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 286 Howe Avenue West Beginning at a point 29 9081HE feet north of the northerly curbline of Liberty Street and extending to a point 20 feet northerly therefrom 163 Meade Street South Beginning at a point 136 K98AHE feet east of the easterly curbline of Randolph Street and extending to a point 22 feet easterly therefrom Page 39 of 46  Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 373 Monroe South Beginning at a point 37 V31LFV Street feet east of the easterly curbline of Martha Place and extending to a point 22 feet easterly therefrom 187 Parker West Beginning at a point 200 Z77NAN Avenue feet north of the northerly curbline of President Street and extending to a point 20 feet northerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 175 Burgess South Beginning at a point 105 N26REG Place feet west of the westerly curbline of Federal Street and extending to a point 20 feet westerly therefrom 57 Hamilton West Beginning at a point 58 R28KVA Avenue feet south of the southerly curbline of Madison Street and extending to a point 20 feet southerly therefrom 286 Howe Avenue West Beginning at a point 29 1951HJ feet north of the northerly curbline of Liberty Street and extending to a point 20 feet northerly therefrom Page 40 of 46  Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 163 Meade Street South Beginning at a point 136 X25RAW feet east of the easterly curbline of Randolph Street and extending to a point 22 feet easterly therefrom 187 Parker West Beginning at a point 200 V27PZN Avenue feet north of the northerly curbline of President Street and extending to a point 20 feet northerly therefrom 72 Passaic North Beginning at a point 73 P99BWZ Street feet east of the easterly curbline of Eighth Street and extending to a point 22 feet easterly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on September 20, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X 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 Page 41 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 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 Melo the public hearing be held on September 20, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 42 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2363-22 ORDINANCE AMENDING CHAPTER 295 “VEHICLES AND TRAFFIC, ARTICLE XV “LOADING ZONES”, SECTION 36.1 “LOADING OR UNLOADING PASSENGERS AT CERTAIN LOCATIONS AND DURING CERTAIN HOURS” OF THE CITY OF PASSAIC CODE WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic” Article XV, “Loading Zones”, Sections 36.1 “Loading or unloading passengers at certain locations and during certain hours” set forth the rules and regulations governing the locations and time of loading zones for passengers; and WHEREAS, in the interest of the promotion of the general welfare, the City of Passaic wishes to amend the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic” Article XV, “Loading Zones”, Sections 36.1 “Loading or unloading passengers at certain locations and during certain hours”. NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic” Article XV, “Loading Zones”, Sections 36.1 “Loading or unloading Page 43 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC passengers at certain locations and during certain hours” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I 295-36.1. Loading or unloading passengers at certain locations and during certain hours. No operator of a vehicle shall stand or park the vehicle for a period of time longer than is necessary for the loading or unloading of passengers or longer than is hereinafter provided. The loading or unloading of passengers shall not consume more than three minutes in an alley or at a curb adjacent to the entrance of a school or any other place of public assemblage during hours specified by official signs. Name of Street Side Location Hours/Days 255 Madison South Beginning at a point 43 No parking Street, School feet east of the easterly when school No. 21, Sonia curbline of Leonard Place is in session Sotomayor and extending to a point [Added 12-3- 163 feet westerly 2019 by Ord. No. therefrom 2235-19] 70 Parker Avenue, East Beginning at a point of No parking Dayton Avenue the northerly curbline of when school Educational Campus Jackson Street and is in session [Added 12-3- extending to a point 44 2019 by Ord. No. 450 feet northerly 2236-19] therefrom 70 Parker Avenue, East Beginning at a point of No parking Dayton Avenue the southerly curbline of when school Educational Campus Jackson Street and is in session [Added 12-3- extending to a point 125 2019 by Ord. No. feet southerly therefrom 2236-19] 390 Van Houten South (Broadway) Beginning at a No parking Avenue, School No. point 100 feet east of the when school 1, Thomas easterly curbline of Van is in session Jefferson Houten Avenue and Page 44 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Name of Street Side Location Hours/Days extending to a point 150 feet easterly therefrom 155 Van Houten North (Belmont Place) Beginning No parking Avenue, School No. at a point 25 feet west of when school 3, Mario J. Drago the westerly curbline of is in session Waverly Street and extending to a point 200 feet westerly therefrom SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This Ordinance shall 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 Garcia the public hearing be held on September 20, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 45 of 46 Passaic City Council September 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Munk Love Melo Schwartz Garcia CP Schaer X X X X X X MAYOR’S UPDATE Q BA Restaurant & Lounge ribbon cutting tomorrow September 07, 2022, from 1 p.m. to 3 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 Melo the meeting was adjourned at 9:30 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Deputy City Clerk Council President Page 46 of 46