City Council

City of Passaic New Jersey Passaic City Council September 20, 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 20, 2022 AT 7:01 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 7, 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 X ABSENT X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Peter Perla, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. PRESENTATION Redevelopment Update 2022 presentation was removed from agenda at the request of Administration Council Member Love joined at 7:14 p.m. Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PROCLAMATION / MAYOR’S UPDATE In honor of Katie M. Johnson of the Passaic Housing Board in recognition of her hard work and contribution to the Passaic community, dedication of the Katie Johnson complex took place over the weekend. Mayor Hector C. Lora officially designated the third Saturday of August as Katie M. Johnson Family and Community Day in Passaic and read the following proclamation into the record: WHEREAS Katie M Johnson Hurst was born November 26th 1941 in Lincolnton, Georgia to the late Wade and Lillie Ree Hearst graduating from Lincoln High School in 1960 and came to Passaic to work for the summer she met and fell in love with Roosevelt Johnson Junior. He's right there. He raised his hand. We're going to ask him to tell the story later how he got her to fall in love with him. It's not in the proclamation but I'm sure there was some wonderful stories there. Husband of 59 years and may forsake her home and WHEREAS Katie M Johnson was a loving mother to her children. Bruce, Brian, Barry, Bridget, Beatrice, and the late Bradford. Lawrence and the late Victor. Grandmother of 11 grandchildren, nine great grandchildren and the late Marcellus. Sibling to brothers and five sisters and loved by all who knew her and WHEREAS Katie M Johnson was renowned for her service to the children and parents of Passaic's Public Schools and for decades her undeniable and unforgettable leadership to help ensure all children had equitable access to education and WHEREAS Katie M Johnson took the lead to help implement the mandates of the Federal Elementary and Secondary Education Act to involve parents their child's education and for more than 30 years helped position the Page 2 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City of Passaic as the trendsetter for parental involvement on the federal state and local levels and WHEREAS KDM Johnson served faithfully as the chairperson for the Passaic Title One District Parent Advisory Council for 15 years and served as the second vice president for the PTSO and was the only community representative chosen by the governor of the state of New Jersey be a part of the early childhood planning committee when it was first initiated to become law as part of the education system through the Supreme Court decision of Abbott versus Burke served as a board member of the nationally recognized juvenile awareness project incorporated and WHEREAS Katie M Johnson received numerous awards and plaques recognizing her work from institutions such as the NAACP I know we had the president of the NAACP present at our last event one came together mister Shawn Allen so I want to recognize him now the Teachers Court Caucus on Black Aging the Optimist Club Passaic Housing Authority Passaic Housing Residence Council Passaic Schools number eight and number nine Passaic Board of Education New Jersey Association of Parent Coordinators New Jersey Associate of Public and Subsidized Housing Passaic African American Celebration Committee the offices and she served in their offices specifically for former Mayor Samuel Rivera and former Mayor Margie Semler and the office of Congressman William Bill Pascrell and WHEREAS Rhelan Village has been renamed by the Board of Housing as the KDM Johnson Housing Complex in recognition of her almost 50 years of educational and affordable housing advocacy for the families of the city of Passaic and for serving unselfishly for over fifty years as president of the Vreeland Village Community Association by the Housing Authority Board President. It was established by Danny Rodriguez, Vice President Delmis Fernandez, Commissioner ______ Miller, Commissioner Diamic Mayor, Commissioner Henry Navarro, and former Commissioner Ron Ronald Van Rensalier. Page 3 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE, BE IT RESOLVED, I, Mayor Hector C Lora, hereby proclaim the third Saturday of August as Katie M Johnson Community and Family day to bring village together serving to connect our seniors with our youth for a day of education community and unity and I present this proclamation to our city council president Gary Schaer, Council members Jose Garcia, Dr. Terrence Love, Tanya Melo, Chaim Munk and Daniel Schwartz and collectively we enter it officially into the record of our city that this third Saturday of August and every year following will forever be known as Katie Johnson Family Share Community Day in the city 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. 22-09-22 RESOLUTION HONORARILY DESGINATING THE CORNER OF ESSEX STREET AND MARKET STREET AS LOUIS “DJ WEB” AYALA WAY WHEREAS, Mayor Hector C. Lora wishes to recognize and acknowledge the accomplishments, achievements, and contributions of one of its citizens, Louis Alberto Ayala, affectionately known as “DJ Web”, who passed from this earth on July 5, 2021 after battling Sarcoma – a rare form of cancer; and WHEREAS, in his lifetime, Louis “DJ Web” Ayala had a lasting impact on the City of Passaic community and all those who knew him; and WHEREAS, Louis “DJ Web” Ayala was born in Passaic on October 9, 1969; he coached and played baseball and softball in Passaic winning numerous awards and accolades, and teaching and sharing his passion for these sports with the children and adults of Passaic; and Page 4 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Louis “DJ Web” Ayala was a business owner in Passaic, owning a record store frequented by many; he grew in popularity among the citizens of Passaic as a DJ who were quick to join his Web Zone fans given DJ Web’s infectious and irresistible personality; and WHEREAS, the City of Passaic wishes to celebrate and highlight the invaluable contributions made by Louis “DJ Web” Ayala within the City of Passaic. NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the City of Passaic, in acknowledgement, recognition, and celebration of Louis “DJ Web” Ayala, that the corner of Essex Street and Market Street in the City of Passaic shall be honorarily designated as Louis “DJ Web” Ayala Way. 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. Iris Vazques, 4485 Charles Street, Easton, PA  She thanked everyone for honoring her brother. Page 5 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Joseph Wolf, 71 Spring St  He expressed appreciation for the city’s acknowledgement of Passaic residents like Katie Johnson and DJ Webb.  Is the change in zoning map being pushed over to next meeting?  What is the cost of bringing in new development to Passaic? Beatriz Sanchez, 282 ??? _ Street, Lodi,  She thanked the city for 6th street naming after her mother. Steve Siklosi, 23 Orchard St  He thanked the mayor for the proclamations.  Re Item #13 – tattoo parlor location is close to a school, he is concerned with possibility of attracting gangs.  What is the status of painting zebra stripes at 293 Main Avenue and Westervelt?  What is the status of ordinance regarding electric scooter or bicycle riding on sidewalks? Evelyn Robinson, 222 Sixth Street  She is concerned about crosswalk near Wall Street; where will the police substation be placed?  Regarding the building of new apartments, downtown is already crowded; why wasn’t the neighborhood notified? Aryeh Mack – 187 Howard Ave  He has noticed more police downtown than in third ward area; he would like to see an assigned patrol cars near Main Avenue area in third ward district. Jacqueline Mestre, Clifton  She thanked the council for support and recognition of DJ Webb.  She thanked the mayor for being so accessible.  She recognized Mrs. Johnson’s family for their sacrifices. Page 6 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Joe Conoscenti, 170 Broadway  Why is the Robert D. Scone monument across from boys and girls club, on the outside of the fence?  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.  What happened to the Hummers donated to Passaic?  The property at 147-149 Broadway has garbage behind the fence Council Member Munk stepped away from dais at 8:24 p.m. Council Member Munk took his seat on the dais at 8:34 p.m. Council Member Garcia stepped away from dais at 8:56 p.m. Council Member Garcia took his seat on the dais at 8:59 p.m. After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X 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. 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 7 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Melo 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 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 Member Schwartz stepped away from dais at 9:01 p.m. Council Member Schwartz took his seat on the dais at 9:04 p.m. Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2361-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Page 8 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 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 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. 2362-22 AN ORDINANCE APPROVING AN AMENDMENT TO THE CITY OF PASSAIC’S EASTSIDE REDEVELOPMENT PLAN FOR PROPERTY DESIGNATED AS BLOCK 1030 LOT 23 ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AND LOCATED AT 125 SOUTH STREET, PASSAIC, NJ Page 9 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 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 Melo moved the ordinance be voted down on second reading which motion was seconded by Council Member Munk upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer stepped away from dais at 9:10 p.m. Council President Schaer took his seat on the dais at 9:13 p.m. Council President Schaer called up for the second and final reading Ordinance entitled: 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 Page 10 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 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 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 COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Weatherly Frias, Deputy City Clerk, submitting a request a refund to the following organizations:  Somos Peruanos Parade & Festival Inc., 67 Brook Terrace, Clark, NJ (event held: July 31, 2022) Page 11 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Events Permits, LLC on behalf of Tracfone, 694 Main Avenue, submitting an application for a grand opening event on September 21, 2022 from 9:00 a.m. to 5:00 p.m. (Contingent upon department approval) City of Passaic Department of Recreation, 330 Passaic Street, submitting the applications the following:  Vitilla Tournament, in Christopher Columbus Park on September 24, 2022 from 12:00 p.m. to 2:00 p.m.  Fall Festival in Third Ward Park, October 29, 2022 from 5:00 p.m. to 7:00 p.m. (Contingent upon department approval) St. Anthony of Padua Church, 101-103 Myrtle Avenue, submitting an application to hold a Religious Procession on December 12, 2022 from 8:15 p.m. to 9:45 p.m. The Procession is to commence at Oak Street, travel to Tulip Street, to Sherman Street to Myrtle Avenue ending at the corners of Myrtle Ave and Oak Street. (Contingent upon department approval) Church of God Prophecy, 112 Washington Place, submitting application to hold a Health Fair at 112 Washington Place, on October 1, 2022 from 10:00 a.m. to 4:00 p.m. (Contingent upon department approval) 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 Munk and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted Hon. Mayor Hector C. Lora, submitting the following: Page 12 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Memorandum regarding Fire Department Promotions Aramis Feliz, Applicant, submitting the following:  Notice to Property Owners within 200ft of property 180 Summer Street, Planning Board Meeting scheduled for September 7, 2022 Adas Israel of Passaic, submitting the following:  Notice to Property Owners within 200ft of property 565 Broadway, Zoning Board Meeting scheduled for September 13, 2022 Infamy & Prestige Tattoo Studio, LLC, submitting the following:  Notice to Property Owners within 200ft of property 425-427 Van Houten, Avenue Zoning Board Meeting scheduled for September 13, 2022 Walbri Properties, LLC, submitting the following:  Notice to Property Owners within 200ft of property 3-7 Walnut Street, Clifton, NJ Zoning Board Meeting scheduled for September 21, 2022 Ramiro Zuniga and Joanna C. Moran, submitting the following:  Notice to Property Owners within 200ft of property 564,568 River Drive and 7 Union Street, Zoning Board Meeting scheduled for September 21, 2022 New Jersey Department of Environmental Protection, submitting the following:  Notice Open Public Meeting Comment Period Clean Water Revolving Fund Drinking Water State Revolving Fund Interned use Plans  Cancel Pending Waterfront Development Application, Applicant Noah Realty Group, Block 1029 Lot 20  Suspected Hazardous Discharge Notification- NJDEP CASE NO 22-09-07-1603-10 Page 13 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Correspondence re: Surface Water GPA New – Category B4B Ground water Petroleum Product Clean Up- NJPDES Permit No. NJG0335703 NJ Transit, submitting the following:  Notice of the Senior Citizen & Disabled Residents Transportation Assistance Program Informational Public Hearing – November 3, 2022 Bohler, submitting the following:  Flood Hazard Area Individual Permit, Proposed Warehouse, 74-120 & 122-152 8th Street, BENJ File NO. J210999 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 20, 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 RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-09-223 RESOLUTION AWARDING CONTRACT FOR AUDITING SERVICES CITY OF PASSAIC Page 14 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received by the Business Administrator on September 1, 2022 for Auditing Services, City of Passaic; 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, a proposal was 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: Onvia Eide Bailey LLP. Vander Weele Group Seattle, WA Oakland, CA Chicago IL WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Auditing Services, City of Passaic be awarded to Lerch Vinci & Bliss of Fairlawn, NJ in the amount of $73,000.00 for Statutory Annual Audit of the City’s Financial Statements and $11,000.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2023 through December 31, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Auditing Services, City of Passaic be awarded to Lerch, Vinci & Bliss of Fairlawn, NJ in the amount of $73,000.00 for Statutory Annual Audit of the City’s Financial Statements and $11,000.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2023 through December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form prepared by City Attorney. Page 15 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for the above are available contingent upon Governing Body approving CY 23 Budget Audit Professional, Consultant, Special Services, Acct. #3-01-20-135-000-028 and Sewer Utility, Acct. #3-07-55-502-000-021. CITY OF PASSAIC RESOLUTION NO. 22-09-224 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE GRAFFITI ERADICATION PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic throughout the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for and obtain a grant from the NJ Department of Community Affairs for approximately $98,700 maintain the graffiti eradication measures in the City’s business corridors in 2023; and WHEREAS, the PEZDC Board of Trustees on September 14, 2022 approved resolution to submit a grant application in the amount of $98,700 for the 2023 Graffiti Eradication Project to the NJ Urban Enterprise Zone Authority; and WHEREAS, this service of cleaning and maintenance to business corridors falls within the definition of a qualified assistance fund expense as referenced in the UEZ legislation and is highly valued by the Passaic business community; WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds; and Page 16 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for the 2023 Graffiti Eradication Project grant in the amount of $ 98,7000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also , upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 22-09-225 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE 2023 PEZDC ADMINISTRATIVE BUDGET TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic throughout the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for and obtain a grant from the NJ Department of Community Affairs for $283,237 to fund the Administrative Budget for 2023; and WHEREAS, the PEZDC Board of Trustees at their September 14, 2022 meeting approved resolution to submit a grant application to the NJ Urban Enterprise Zone Page 17 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Authority, to fund the 2023 PEZDC Administrative Budget in the amount of $283,237; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds; and NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for the 2023 Administrative Budget in the amount of $283,237; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also , upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and Deputy City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 22-09-226 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE LOCAL INITIATIVES SUPPORT CORPORATION (LISC) HEALTH ACCESS FUND GRANT PROGRAM 2022 Page 18 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic has learned of the availability of funding from the Local Initiatives Support Corporation Health Access Fund Grant Program; WHEREAS Through the Health Access Fund Grants Program, LISC supports health equity by addressing transportation barriers to accessing services; and WHEREAS, said grant requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply and submit an application for this grant. 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 Local Initiatives Support Corporation Health Access Fund Grant Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the Local Initiatives Support Corporation Health Access Fund Grant Program. CITY OF PASSAIC RESOLUTION NO. 22-09-227 RESOLUTION AWARDING CONTRACT FOR ALCOHOL BEVERAGE CONTROL (ABC) PROSECUTOR CITY OF PASSAIC WHEREAS, proposals were received by the Business Administrator on September 7, 2022 for Alcohol Beverage Control (ABC) Prosecutor; and Page 19 of 30 Passaic City Council September 20, 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, a proposal was received as per the attached : WHEREAS, in addition to the attached, proposals were also downloaded from the City of Passaic’s website by the following, none of whom submitted proposals: Onvia Bell, Shivas & Bell Law Office of Marco Washington, DC PC di Stefano ESQ LLC Rockaway, NJ Union, NJ WHEREAS, it is recommended that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to The Law Office of Rajeh A. Saadeh, LLC , of Bridgewater, NJ in the amount of $125.00/hour with a total contract amount not to exceed $30,000.00 for the period January 1, 2023 through December 31, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to The Law Office of Rajeh A. Saadeh, LLC, of Bridgewater, NJ in the amount of $125.00/hour with a total contract amount not to exceed $30,000.00 for the period January 1, 2023 through December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Contingent upon funds being approved by the governing body funds for the above will be available in Prosecutor O.E. Acct. #3-01-25-275-000-029. Page 20 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-09-228 RESOLUTION AWARDING CONTRACT FOR BOND COUNSEL WHEREAS, proposals were received by the Business Administrator on September 8, 2022 for Bond Counsel; 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 from the attached list of vendors: 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: Source Management Bidnet First Foster Consulting Seattle WA Lathan NY Lawreneville GA SevenOutsoure Construct Connect PWXPress Delaware DE Cincinanati OH Jacksonville Fl Source Management North America Seattle WA Procurement Council, Inc. PBC Grand Junction CO WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Bond Counsel be awarded to McManimon, Scotland & Baumann, LLC, Roseland, NJ in an amount not to exceed $ 35,000.00 as per their fee schedule for the period January 1, 2023 through December 31, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Bond Counsel be awarded to McManimon, Scotland & Baumann, LLC, Roseland, Page 21 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NJ in an amount not to exceed $ 35,000.00 for the period January 1, 2023 through December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Contingent upon governing body approval funds will be available in the CY 2023 General and Sewer Capital Appropriations. CITY OF PASSAIC RESOLUTION NO. 22-09-229 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE PASSAIC COUNTY DIG IN! CITY GREEN AND PASSAIC COUNTY PROGRAM TREE AND HABITAT RESTORATION GRANTS- DAFFODIL, TREE AND NATIVE PERENNIAL GRANT PROGRAM WHEREAS, the City of Passaic submitted 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, the City’s grant application for the Program has been approved; and WHEREAS, such grant is an award of 5,000 daffodil bulbs and 10 native Redbud trees to be planted throughout the City of Passaic; and Page 22 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City wishes to accept the maximum grant award being allotted, subject to the terms and conditions set forth in the Grant Agreement. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the grant award for the Passaic County Dig In! Passaic County Dig In! Daffodil, Tree and Native Perennial Grant Program for 5,000 daffodil bulbs and 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 receipt of this grant. CITY OF PASSAIC RESOLUTION NO. 22-09-230 RESOLUTION REJECTING BIDS FOR THE FABRICATION AND INSTALLATION OF CUSTOM IRON ARCH GRIFFIN LATONA PARK WHEREAS, bids were received by the Director of Purchasing on Tuesday, June 28, 2022 for Fabrication & Installation of Custom Iron Arch, Griffin-Latona Park; and WHEREAS, the following bids were received: MELA Carpentry Saddle Brook, NJ $ 40,000.00 ADP Group Paterson, NJ $ 82,400.00 WHEREAS, in addition to the above, specifications were mailed to the following: Page 23 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CIS Dodge Date & Prime Vendor Onvia Kinnelon, NJ Analytics Wilmington, NC Settle, NY Grand Prairie, TX Davis Welding BidNet Structuretech Deltek Service Latham, NY Engineering Seattle, WA Seaford, DE Paterson, NJ MS Signs AMECO USA Saddle Brook, NJ Cleveland, OH WHEREAS, as per N.J.S.A 40A:11-13.2, the received bids are to be rejected due to the abandonment of the project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for the Fabrication & Installation of Custom Iron Arch be rejected due to the abandonment of the project. CITY OF PASSAIC RESOLUTION NO. 22-09-231 RESOLUTION AWARDING CONTRACT FOR 2023 RECYCLING CALENDARS WHEREAS, bids were received by the Purchasing Department, on Wednesday August 31, 2022, for 2023 Recycling Calendars; and WHEREAS, a bid was received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City’s website, none of whom submitted bids: Concept Printing INC Onvia Mohar Construction Nyack, NY Seattle, WA Coffee, KY Page 24 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Parsells Printing, Maywood NJ in the amount of $40,607.00. 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 Recycling Tonnage Grant G-02-40-021-RT9-020 CITY OF PASSAIC RESOLUTION NO. 22-09-232 RESOLUTION REJECTING BIDS FOR AUTHORIZED PRIVATE ON-SITE INSPECTION AGENCY TO SERVE AS ELEVATOR SAFETY SUBCODE OFFICIAL WHEREAS, the Purchasing Department received sealed written proposals on Wednesday September 7, 2022 for Authorized Private On-Site Inspection Agency To Serve As Elevator Safety Subcode Official; and WHEREAS specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: Onvia Prime Vendor Safety Consulting & Seattle, WA Wilmington, NC Compliance Corp Hauppauge, NY WHEREAS, the bids received exceeds the budget appropriation; and WHEREAS, it is the recommendation of Alberto Ventura, Construction Official, that the bids for Authorized Private On-Site Inspection Agency to Serve as Elevator Safety Subcode Official be rejected and re -advertised. Page 25 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the bids for Authorized Private On-Site Inspection Agency To Serve As Elevator Safety Subcode Official be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-09-233 RESOLUTION TO APPROVE THE CORRECTIVE ACTION PLAN FOR THE CALENDAR YEAR 2021 AUDIT REPORT OF THE CITY OF PASSAIC WHEREAS, the Division of Local Government Services requires the Chief Financial Officer to file "Corrective Action Plan", attached hereto, outlining the actions to be taken by the City relative to the findings and recommendations in the annual report, and WHEREAS, the "Corrective Action Plan" shall be prepared by the Chief Financial Officer with assistance from other officials affected by the audit findings and recommendations, and WHEREAS, the governing body of the is required by resolution, to approve said "Corrective Action Plan'', and WHEREAS, the "Corrective Action Plan", as prepared by the Chief Financial Officer and approved by the governing body, shall be placed on file and made available for public inspection in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Passaic hereby approves the "Corrective Action Plan" for the calendar year 2021 Audit Report submitted by the Chief Financial Officer. ROLL CALL Page 26 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 2364-22 ORDINANCE AMENDING CHAPTER 75 OF THE CODE OF THE CITY OF PASSAIC, “ALCOHOLIC BEVERAGES” TO CLARIFY AND CORRECT INCONSISTANCIES WITHIN SECTION 8A. “HOURS FOR SALE” 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, for reasons of clarification, public health, safety and welfare, the City of Passaic desires to amend Chapter 75 of the Code of the City of Passaic, “Alcoholic Beverages” to amend §75-8A., “Hours for Sale” setting forth the hours for the sale of alcoholic beverages of entities holding a retail license, a plenary retail consumption license, or a plenary retail consumption license with broad package privileges; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Chapter 75 of the Code of the City of Passaic, “Alcoholic Beverages” is hereby amended as follows: Page 27 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION I NEW SECTIONS ARE UNDERLINED ALL DELETIONS ARE NOTED ARTICLE I Sale and Distribution § 75-8Hours for sale. A. Except as hereinafter provided, no licensee shall sell, serve, deliver, allow or permit the sale, service or delivery of any alcoholic beverage or allow the consumption of any alcoholic beverage on his licensed premises between the hours of 3:00 a.m. and 6:00 a.m., weekdays, and the hours of 3:00 a.m. and 11:00 a.m. Sundays, except entities holding a retail license, a plenary retail consumption license, or a plenary retail consumption license with broad package privileges shall be permitted to sell alcoholic beverages in their original packages for consumption off premises only as early as 9:00 a.m. on Sundays in accordance with Subsection B. below; and except New Year's Day each year, as set forth in Subsection D. below. No licensee in possession of either a plenary retail distribution license or a limited retail distribution license, as defined by N.J.S.A. 33:1-12, shall sell, deliver, allow or permit the sale, service or delivery of any alcoholic beverages for consumption off the premises, in its original containers or allow or permit the sale, service or delivery of any alcoholic beverage between the hours of 10:00 p.m. on all nights except 11:00 p.m. on Fridays, Saturdays and legal holidays and 9:00 a.m. the following day. B. Pursuant to N.J.A.C. 13:2-1.1 et seq., no retail licensee may sell any alcoholic beverages in original containers (package goods) before 9:00 a.m. and after 10:00 p.m. except on Fridays, Saturdays and legal holidays. Page 28 of 30 Passaic City Council September 20, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC C. The hours during which retail licensees may be permitted to sell wine and malt alcoholic beverages shall be extended to permit the sale of wine and malt alcoholic beverages in their original containers for consumption off of the premises during the hours from 10:00 p.m. until 12:00 midnight from one week before Thanksgiving of each year through January 1 of the following year. D. Retail licensees may be permitted to sell for consumption on the licensed premises or for consumption off of the licensed premises in the original containers any alcoholic beverages until 5:00 a.m. on New Year's Day. 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 This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on October 6, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 29 of 30 Passaic City Council September 20, 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  Rosh Hashana begins on Sunday.  Yom Kippur starts on October 4; he wished Jewish community members best wishes for the new year. 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 9:18 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 30 of 30