City Council

City of Passaic New Jersey Passaic City Council October 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, OCTOBER 6, 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 23, 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 X X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie B. Burns, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council President Schaer requested to present Agenda Item V before Items III and IV. PROCLAMATION Mayor Hector Lora presented a Proclamation to Orlando Alarcon, founder of Passaic Youth Soccer. Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called for a five minute recess at 7:28 P.M. Council Member Munk took his seat on the dais at 7:33 p.m. On a motion by Council Member Garcia and seconded by Council Member Love the council meeting was reconvened 7:33 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X PRESENTATION Redevelopment Update 2022 presentation was given by Business Administrator Ricardo Fernandez. 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. Page 2 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Tamara Morales, 91 Albion Drive, Wayne  She thanked the mayor for recognizing Alarcon.  As organizer of Mexican-Americans United she thanked the city, including hosting the Mexican Day Parade. Joe Conoscenti, 170 Broadway  Regarding disabled persons by license plate number:  At 63 Henry Street Apartments, instead of using her handicapped parking space, tenant parks behind the apartment building because of walking issues.  377 Madison parking space; mother no longer lives in NJ and daughter uses the space.  Will there be a Columbus Day flag raising?  Postal workers have been using metered spots at Garden Street. 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 Council Member Munk stepped away from dais at 8:40 p.m. Mayor Lora stepped away from dais at 8:45 p.m. 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. 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” Page 3 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Schwartz 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 ABSENT 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 ABSENT 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 ABSENT 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 Raffle License application for the following organization:  Our Lady of Fatima R.C. Church -32 Exchange Place, Passaic NJ City of Passaic Department of Administration, 330 Passaic Street, submitting the applications the following: Page 4 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Mental Health Awareness Walk, meeting point Passaic City Hall on October 22, 2022, from 09:00 a.m. to 12:00 p.m.  Breast Cancer Awareness Walk “Passaic goes pink” within the confines of Third Ward Park, October 15, 2022, from 9:00 a.m. to 1:00 p.m. (Contingent upon department approval) New Jersey Department of Health, 55 North Willow St, Trenton, submitting application to hold an Outdoor Health Fair in the William Street Municipal Parking Lot, on October 06, 2022, from 4:00 p.m. to 7:00 p.m. (Contingent upon department approval) Passaic Housing Authority, 55 Aspen Place, submitting an application to hold a Renaming of the Complex at 220-222 Sixth Street, on September 18, 2022, from 2:00 p.m. to 3:00 p.m. Holy Trinity RC Church, 226 Harrison Street, submitting the following application:  Religious Procession on December 11, 2022 from 11:30 a.m. to 1:30 p.m. The procession will commence at the Church of the Holy Trinity -209 Hope Ave, will travel left on Hope Ave, to Monroe St., to Lexington Ave., to Highland Ave., to Hope Ave., ending at 209 Hope Ave  Religious Procession, on December 10, 2022 from 5:00 p.m. to 7:30 p.m. (Procession route as per map attached)  Religious Procession, on December 11, 2022, from 4:00 a.m. To 5:00 p.m. The procession will start at the Church of the Holy Trinity – 209 Hope Ave, will travel left towards Jefferson, to Passaic St heading towards Elizabeth, NJ ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Page 5 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Hon. Mayor Hector C. Lora, submitting the following:  Proclamation Designation of Louis DJ Web Way Passaic Municipal Court Report For August 2022 PSE&G, submitting the following:  Notice of Filing and Public Hearing for Basic Generation Service(BGS) Charges Procured by PSE&G on Behalf of its BGS Customers and Notice of Proposed Recovery Through its BGS Charges of Cost Resulting From Statewide Auction for BGS New Jersey Department of Environmental Protection, submitting the following:  Notice of Public Hearing Postponement – In the matter of: P Park NJ LLC Passaic Enterprise Zone Dev. Corp., submitting the following:  June 15, 2022, Meeting Minutes ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Page 6 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC On a motion by Council Member Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting the following:  September 19, 2022 Meeting Notice  October 24, 2022 Rescheduling of Meeting Notice ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSTAIN 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 OCTOBER 6, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Mayor Lora joins meeting at 8:54 p.m. THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Schwartz and seconded by Council Member Love the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-10-234 RESOLUTION AWARDING CONTRACT FOR GRANTS CONSULTANT/GRANTS ADMINISTRATION CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Tuesday, September 13, 2022 for Grants Consultant; and Page 7 of 29 Passaic City Council October 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, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Purple Squirrel Source Management Deltek Professional LLC Seattle, WA Herndon, VA Reno, NV Colliers Engineering H2M Associates, Inc TJD Consulting & Design Wall Township, NJ Schertz, TX Red Bank, NJ WHEREAS, it is recommended that the contract for Grants Consultant be awarded to the lowest, responsible proposer, Millennium Strategies of Morristown, NJ in the amount of $6,500.00/month for a not to exceed amount of $78,000.00 and the management of the FEMA Grant for an hourly rate of $ 130.00 for the calendar year 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 Grants and Aid Consultant be awarded to Millennium Strategies of Morristown, NJ in the amount of $ 6,500.00/month for a not to exceed amount of $ 78,000.00 and the management of the FEMA Grant for an hourly rate of $ 130.00 for the calendar year 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. Page 8 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for the above are available in CY Budget Account # 3-01-20-100-ADM-029 contingent upon approval by the Governing Body. CITY OF PASSAIC RESOLUTION NO. 22-10-235 RESOLUTION AWARDING CONTRACT FOR TAX APPEAL ATTORNEY CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Wednesday, September 21, 2022 for Tax Appeal Attorney; 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 vendors: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Source Management SevenOutsource Bidnet Seattle, WA Delaware, DE Latham, NY Prime Vendor Sterling DiSanto & Associates, LLC Wilmington, NY Somerville, NE WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Tax Appeal Attorney be awarded to Cleary, Giacobbe, Alfieri Jacobs LLC of Oakland NJ at an hourly rate of $ 125.00 in an amount not to exceed Page 9 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC $150,000.00 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 Tax Appeal Attorney Cleary, Giacobbe, Alfieri Jacobs LLC of Oakland NJ at an hourly rate of $ 125.00 in an amount not to exceed $150,000.00 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 Funds for the above are available contingent upon governing body approving CY 23 Budget-Tax Assessor Professional, Consultant –Acct. # 3-01-20-155-000-123. CITY OF PASSAIC RESOLUTION NO. 22-10-236 RESOLUTION REJECTING PROPOSALS FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH MORNING AND AFTERNOON SESSIONS WHEREAS, proposals were received by the Purchasing Department on Thursday, September 21, 2022 for Municipal Court Interpreter, Spanish/English, Morning and Afternoon sessions; 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: Page 10 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Seven Outsource Source Management Municipal Inspection Corp Newark, DE Seattle, WA Bayonne, NJ WHEREAS, the only bidder was deemed non-responsive as they did not comply with the requirements of the proposal as per 40A:11-13.2 WHEREAS, it is the recommendation of the Purchasing Department that this bid be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-10-237 RESOLUTION REAPPOINTING ZENAB BACHOK AS MUNICIPAL TAX COLLECTOR OF THE CITY OF PASSAIC WHEREAS, the City of Passaic appointed Zenab Bachok as Municipal Tax Collector effective December 1, 2018 for an initial term of four (4) years; and WHEREAS, pursuant to N.J.S.A. 40A:9-145.8, a tax collector who has been reappointed after serving no less than four consecutive years prior to such reappointment, shall acquire tenure upon the adoption of a resolution of appointment by the Council. NOW THEREFORE BE IT RESOLVED, that Zenab Bachok shall be re-appointed as Tax Collector commencing December 1, 2022 and, pursuant to N.J.S.A. 40A:9-145.8, shall acquire tenure. Page 11 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED, that the Tax Collector shall hold this office during good behavior, efficiency and compliance with requirements of the continuing education requirements under N.J.S.A. 40A:9-145.3(a) and N.J.S.A. 40A:9-145.3(b). BE IT FURTHER RESOLVED, that the Tax Collector shall not be removed for political reasons but only for good cause shown and after a proper hearing before the Director of the Division of Local Government Services or his/her designee. CITY OF PASSAIC RESOLUTION NO. 22-10-238 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 3271.02 LOT 18 (373 BROADWAY) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 373 Broadway (Block 3271.02 Lot 18) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/ rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and Page 12 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, this designation as an area in need of redevelopment/rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/rehabilitation of the aforementioned property; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 3271.02 Lot 18 (373 Broadway) as an Area in Need of Rehabilitation. CITY OF PASSAIC RESOLUTION NO. 22-10-240 RESOLUTION AWARDING CONTRACT FOR PUBLIC RELATIONS AND MARKETING SERVICES CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Tuesday, September 13, 2022 for Public Relations and Marketing Services; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received as per the attached: Page 13 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals. Locality Destination Solutions Stateside Affairs Ipcomm Austin, TX Manasquan, NJ Decatur, GA Visual Infomedia Erepublic Prime Vendor Coimbatore, NY Folsom, CA Wilmington, NC Sevenoutsource Newark, DE WHEREAS, it is recommended that the contract for Public Relations & Marketing Services be awarded to Catania Consulting Group, Inc., of North Haledon, NJ in the amount of $ 35,000.00 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 Public Relations & Marketing Services be awarded to Catania Consulting Group, Inc. of North Haledon, NJ in the amount of $ 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 Funds for the above are available contingent upon CY 2022 Budget being approved by the Governing Body- Account # 3-01-20-100-ADM-029. Page 14 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-241 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE 2022-2023 BUSINESS LOAN PROGRAM 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 $330,000 to carry out a business loan project; and WHEREAS, the PEZDC Board of Trustees at their meeting of June 15, 2022 approved resolution to submit a grant application for the re-establishment of a Business Loan Program to the NJ Urban Enterprise Zone Authority in the amount of $330,000; and WHEREAS, the loans to businesses is an activity 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 NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Business Loan Program grant in the amount of $330,000; 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 Page 15 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 22-10-242 RESOLUTION AUTHORIZING THE CITY OF PASSAIC DIVISION OF HEALTH TO RENEW USDA GRANT FOR THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) FOR FFY 2023 WHEREAS, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Program’s mission is to safeguard the health of low-income women, infants and children who are at nutritional risk by providing vouchers for nutritious foods, nutrition education, breastfeeding education and support and community referrals; and WHEREAS, the City of Passaic Division of Health has been the recipient of USDA funding through the NJ Department of Health for the Passaic WIC Program for over 30 years; and WHEREAS, the grant provides necessary funding to provide WIC services for eligible clients residing in the City of Passaic and the surrounding communities; and Page 16 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the NJ Department of Health has offered to renew the City of Passaic Division of Health’s WIC grant for FFY 2023; and WHEREAS, a total of $1,121,619 in grant funding is being offered by the NJ Department of Health to the City of Passaic Division of Health for FFY 2023; and WHEREAS, the funding will permit full support of salaries and fringe benefits for twelve full-time employees and salaries for six part-time employees; and WHEREAS, the funding will also support the Breastfeeding Peer Counselor Program, Saturday clinic hours for working parents and pre-school age children, maintenance costs for the building at 333 Passaic Street, WIC Safety Infrastructure Improvements Project and programmatic expenses associated with providing WIC benefits by the Passaic WIC Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that Kenneth Pincus, Health Officer, is hereby authorized and directed to make an application to the NJ Department of Health & Senior Services renewing the Special Supplemental Nutrition Program Women, Infants and Children grant for FFY 2023; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and Health Department are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. Page 17 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-243 RESOLUTION TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE FY2023 TRANSPORTATION ALTERNATIVES PROGRAM WHEREAS, the FY2023 Transportation Alternatives Program (the “Program”) provides federal funds for community based “non-traditional” projects designed to strengthen the cultural, aesthetic, and environmental aspects of the nation’s intermodal system; and WHEREAS, the FY2023 Program is being administered by the New Jersey Department of Transportation; and WHEREAS, the maximum amount of grant funds available is $1.5 million, and no municipal matching funds are required; and WHEREAS, the attached grant application describes the terms and conditions of applying for the grant funding; and WHEREAS, the Administration wishes to apply for these grant funds in an amount not to exceed $1.5 million for the Passaic City Improvements Project; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic as follows: A. The City Council of the City of Passaic hereby accepts the terms of the grant funding and authorizes the electronic submission of the grant application identified as TA-2023-Passaic City- 00061 to the New Jersey Department of Transportation on behalf of the City of Passaic; and, Page 18 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC B. The City of Passaic will assume maintenance responsibility over all improvements completed with grant funding awarded under the FY2023 Transportation Alternatives Program; and, C. In accordance with 23 CFR 635.105(a) (4) the City of Passaic is designating Vivian Vergel as the responsible charge for this program. Vivian Vergel is a full-time employee of the City of Passaic in the City’s Engineering Department and will be responsible charge for the proposed Federal-aid construction project. D. This resolution shall take effect immediately upon passage. CITY OF PASSAIC RESOLUTION NO. 22-10-244 RESOLUTION AWARDING CONTRACT FOR REPLACEMENT OF CHAIN LINK FENCE HOWARD AVENUE TENNIS COURTS THIRD WARD PARK WHEREAS, on September 1, 2021, the City of Passaic was subjected to Hurricane Ida which resulted in the chain- link fence surrounding Howard Avenue Tennis Courts – Third Ward Park being totally destroyed; and WHEREAS, the incident was immediately reported to the Insurance Company and was assessed by their independent inspectors who determined that the fence was damaged beyond repair; and WHEREAS, the City of Passaic wishes to enter into a contract with Absolute Fence Services of Lincoln Park, NJ Page 19 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC for the replacement of the Chain Link Fence Howard Avenue Tennis Courts – Third Ward Park offered under the Bergen County Cooperative Contract #BeCCP#21-66; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under Cooperative Pricing System entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the contract is for an amount not to exceed $9,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Absolute Fence Services of Lincoln Park, NJ in the amount not to exceed $9,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # 1-01- 44-905-000-9PK Councilman Munk – Rejoins meeting 8:56 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 20 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC On a motion by Council Member Schwartz and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-09-239 RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC BOARD OF EDUCATION FOR SCHOOL RESOURCE OFFICERS 2022- 2023 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Shared Services Agreement for School Resource Officers (“Agreement”) with the Passaic Board of Education, having an office at 101 Passaic Avenue, Passaic, New Jersey 07055 (“Board”); and WHEREAS, the City and Board seek to enter this Agreement pursuant to N.J.S.A. 40A:65-1 et. seq.; and WHEREAS, under this Agreement the services of the Passaic Police Department shall be shared for the school resource officer program and additional security service; and WHEREAS, in addition to the School Resource Officers (“SROs”), there shall be up to seven (7) Special Law Enforcement Officers – Class IIIs (“Special 3s”) who shall have the explicit purpose of providing security at schools when schools are in session or occupied by students or staff; and WHEREAS, the City and Board have set forth their intentions within the attached Agreement and mutually agree to the terms therein; and WHEREAS, the Board shall adopt its own Resolution authorizing it to execute the Agreement. Page 21 of 29 Passaic City Council October 6, 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 City of Passaic is hereby authorized to enter into the attached Shared Services Agreement with the Passaic Board of Education for school resource officers subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Shared Services Agreement attached hereto; and BE IT FURTHER RESOLVED, that copies of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to the Passaic Board of Education to commence the same. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X ABSTAIN X X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2365-22 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 405 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. Page 22 of 29  Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 434 Paulison East Beginning at a point 167 U57MEE Avenue feet north of the northerly curbline of Montgomery Street and extending to a point 22 feet northerly therefrom 43 Van Houten East (Spring Street) Beginning E82NLG Avenue at a point 60 feet south of the southerly curbline of Van Houten Avenue and extending to a point 20 feet southerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # Page 23 of 29  Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 328 Montgomery West Beginning at a point 98 E80PSP Street feet south of the southerly curbline of Gregory Avenue and extending to a point 22 feet southerly therefrom 43 Van Houten East (Spring Street) Beginning J16PPF Avenue at a point 60 feet south of the southerly curbline of Van Houten Avenue and extending to a point 20 feet southerly therefrom 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 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. 2366-22 AN ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” WHEREAS, pursuant to N.J.S.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, Page 24 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that Chapter 295 "Vehicles and Traffic” is hereby amended as follows: SECTION I Article II Parking, Standing and Stopping Chapter 295-7.7 Municipal authority to set certain permissible parking distances. A. A municipality may mandate by ordinance the permissible distance a person may park a motor vehicle from a crosswalk, sideline of a street or intersecting highway, or "stop" sign. A municipality may not, however, permit parking within 25 feet of a crosswalk or sideline of a street or intersecting highway or within 50 feet of a "stop" sign in a school zone during hours when school is in session. B. The following definitions will control for the purposes of this section: CROSSWALK That part of a roadway at an intersection, either marked or unmarked, existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the roadway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a roadway at an intersection or Page 25 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC elsewhere, including midblock crossings, distinctly indicated for pedestrian crossing by lines or other markings on the surface. INBOUND LEG The roadway segment connected to an intersection, or portion thereof, that permits a vehicle to be driven towards an intersection in accordance with the legally established direction of traffic. OUTBOUND LEG The roadway segment connected to an intersection, or portion thereof, that permits a vehicle to be driven away from an intersection in accordance with the legally established direction of traffic. PARKING LANE The section of a roadway's width, typically no fewer than 7.5 feet, located between a travel lane and a curb that is reserved for on-street parking, where designated, and does not interfere with the safe and efficient flow of moving vehicular traffic in a travel lane. TRAVEL LANE The section of a roadway's width that is intended to conduct the flow of moving vehicular traffic. C. General provisions. 1) Pursuant to N.J.S.A. 39:4-138.6, extended parking zones are hereby established as the area in a parking lane no closer than 25 feet from the crosswalk along inbound legs of intersections, and no closer than 15 feet from the crosswalk along outbound legs of intersections, measured from the Page 26 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC edge of the crosswalk area farthest from the center of the intersection. 2) Vehicles may park in extended parking zones, subject to the following: a) Vehicles in extended parking zones shall at all times comply with all other parking regulations, including but not limited to regulations on parking permits, street cleaning and parking along emergency snow routes. b) Parking within extended parking zones shall not be allowed Mondays through Fridays between the hours of 7:00 a.m. and 7:00 p.m. whenever public primary or secondary schools are in session. 3) Due to the extreme difficulty and delay of maneuvering emergency equipment at intersections, any vehicle parked within the extended parking zone closer than 15 feet to the crosswalk at any time and for any duration shall be subject to immediate summons and tow by City enforcement staff. 4) The City of Passaic shall not be required to install or maintain any markings, signs or other indications for extended parking zones; it shall be incumbent upon the driver to ensure that no vehicle is parked within 25 feet of a crosswalk on inbound legs and within 15 feet of a crosswalk on outbound legs of intersections at any time. 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. Page 27 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 20, 2022. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X 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  He thanked the Business Administrator and staff on a successful presentation.  Passaic has undergone successful strategic development. Page 28 of 29 Passaic City Council October 6, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC  Passaic received a Smart Growth Award from New Jersey Future (NJF) for the Dundee Island Project.  The new parking deck initiative will provide additional parking spaces in Passaic.  The new ordinance allowing overnight parking closer to crosswalks will provide increased overnight parking.  Clifton mayor James Anzaldi will be honored at Italian flag raising on Sunday. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Schwartz and seconded by Council Member Melo the meeting was adjourned at 9:02 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 29 of 29