City Council

City of Passaic New Jersey Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND LIVE STREAM VIA FACEBOOK ON THURSDAY, NOVEMBER 10, 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 OCTOBER 25, 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 Member Munk joined the meeting at 7:25 p.m. PRESENTATION Reverend Johnson presented Humanitarian Awards to • NJ Congressman William Pascrell, Jr. • NJ State Trooper • Mayor Hector C. Lora Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S UPDATE • Veterans day will be celebrated tomorrow. • Today is the birthday of the US Marines, founded in 1775. • A press conference was held on the groundbreaking of lead line abatement project. • He congratulated Sheriff Richard Berdnik and Passaic County Commissioners on their reelection. • Mayor Youth council received $5,000 grant to plant daffodil bowls around the city. • Saturday Renters Insurance Fair will be held on November 12. • Passaic turkey giveaway was held on November 19 and 650 turkeys were distributed. • The Polish-American flag raising will take place on November 11 at 2:00 p.m. at City Hall. Council President Schaer called for a five minute recess at 7:57 p.m. On a motion by Council Member Garcia and seconded by Council Member Love the council meeting was reconvened AT 8:06. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are Page 2 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 • There is a non-working camera at Paulison and Broadway. • He thanked DPW for work done on Irving Place. • There are illegal vendors on Main Avenue. • He thanked DPW and staff for veterans banners, and wants to honor the photographer for all the photo work done on the banners. • What is the status of agenda item #44? 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. 2366-22 AN ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” 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 Page 3 of 50 Passaic City Council November 10, 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 Joe Conoscenti, 170 Broadway • What will happen if firetrucks or other vehicles have to go through? • Who is going to wake up at seven in the morning to move their car? 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 Garcia 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. 2367-22 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 373 BROADWAY BLOCK 3271.02 LOT 18 IN THE CITY OF PASSAIC, NEW JERSEY Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, Page 4 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Yosef Wolf, 71 Spring Street • Why are you changing Bar into residential property? • Five units are too many units 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 Garcia 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. 2368-22 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC CHAPTER 258A “STORMWATER CONTROL” Page 5 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Garcia 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 Mayor Lora stepped away from dais at 8:30 p.m. 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. 2369-22 ORDINANCE AMENDING CHAPTER 219, “PROPERTY MAINTENANCE”, ARTICLE IX “ADMINSTRATION”, SECTION 153.1 “OBLIGATIONS OF OWNERS OR AGENTS” OF THE CITY OF PASSAIC CODE TO REQUIRE THE OWNERS OF PROPERTY TO PROVIDE INFORMATION REGARDING RENTERS INSURANCE TO THEIR TENANTS Page 6 of 50 Passaic City Council November 10, 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 Mayor Lora joins meeting at 8:33 p.m Joe Conocsenti, 170 Broadway • Will this be held on Saturday and will applications be available? 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 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 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 New Jersey Department of Health (Elizabeth Lindo), 55 North Willow St. Trenton NJ , submitting application to hold a COVID-19 Vaccination event, in Shoprite Page 7 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 503 Paulison Avenue (private parking) on October 27, 2022, from 12:00 p.m. to 6:00 p.m. 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 Melo the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following Proclamation: • Proclamation- Small Business Saturday • Proclamation Family Court Awareness Month • 100th Birthday Celebration Elector Geathers • Proclamation- James A. Anzaldi NJ Environmental Protection, submitting the following: • Ground Water Remedial Action Permit – City Motors Sales Co.-Garden State Honda -225 River Drive • Notice of Public Hearing – P Park NJ, LLC • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-10-19-1020-33 • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-10-14-1502-18 • Atlantic Coast Fiber Recycling Facility – Land Use Authorization or Permit – Application • Stonemont Financial Group- Passaic - Land Use Authorization or Permit – Application State of New Jersey Department of Transportation submitting the following: • Notification Re: New Jersey Department of Transportation , Division of Local Aid and Economic Page 8 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Development – Launch of New Round of Safe Routes to School (SRTS) Design Assistance Program North District Water Supply Commission submitting the following: • Minutes of their September 28, 2022 public meeting • Agenda and notice of their October 26, 2022 meeting SFG Passaic Urban Renewal, LLC, submitting the following : • Notice of Planning Board Public Hearing November 02, 2022 regarding: 74-120 & 122-152 8th Street Passaic Valley Water Commission submitting the following : • Notice of their October 26,2022 meeting • Agenda of their October 26,2022 meeting • Minutes of their September 28,2022 meeting Zuniga Entertainment LLC submitting the following: • Notice to Property Owners Within 200 Feet of Development: 11 Van Winkle Ave –Re: 115 President St , Passaic NJ (Block 4064 Lot 28, Zone R-3 City of Passaic, Redevelopment Agency submitting the following: • Notice cancelling their October 13,2022 public meeting Patella Woodworking, Passaic, NJ submitting the following: • Response to Waterfront Development permit application notice to Neighboring Landowners Borough of Haledon – Office of the Deputy Municipal Clerk submitting the following : • Resolution No. 2022-193 “entitled” Demanding Resignation of Passaic County Board of Elections Commissioner Timothy Troast Colliers Engineering & Design submitting the following : Page 9 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Waterfront Development Permit Application Notice to Neighboring Landowners – 101 Seventh St. LLC – Block 1030, Lot 1 , in City of Passaic City of Passaic – Alcoholic Beverage Control Board submitting the following: • Agenda of their October 20, 2022 meeting • Notice of their November 10, 2022 meeting Passaic Self- Insurance Fund Commission submitting the following: • Notice of their public meetings for the months May to December 2022 City of Passaic Municipal Court Report – September 2022 • Millennium Strategies Monthly Report 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 Melo the following communications and petitions were received placed on file and approval granted Passaic Board of Education submitting the following : • Notice of their November 01, 2022 meeting ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X ABSTAIN X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS MOVED TO THE LAST ITEM OF THE AGENDA Page 10 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON NOVEMBER 10, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-10-261 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received a tax payment in error on property known as 47 Lincoln St., by tax servicer, Ryan MAX, in the amount of $1,647.42 WHEREAS, the tax servicer requested a refund of the amount paid in error to be issued directly back to them. 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 2202 / 2 47 Lincoln St. 47 Lincoln St. 2022 $1,647.42 Associates CITY OF PASSAIC RESOLUTION NO. 22-10-262 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received a duplicate tax payment on property known as 27 Poplar St. by Lereta tax servicer. Page 11 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the tax servicer requested a refund of the overpaid amount to be issued directly back to them. 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 2175.04 / 40 27 Poplar St. Whitmire, Edward & Linda 2022 $6,330.99 CITY OF PASSAIC RESOLUTION NO. 22-10-263 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a settlement judgment entered on 9/9/2022 for Block: 2154 Lot 3, also known as 25 Howe Ave., Passaic, NJ, property owners: RDM Properties, LLC. The judgment entered reduced the assessments on the property for tax year 2021; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for tax year 2021. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s) as provided by the judgment attached hereto and for the Tax Collector to adjust her records accordingly; BLOCK/LOT PROPERTY OWNER TAX YEAR REFUND DUE 2154/3 25 Howe Ave. RDM Properties LLC 2021 $4,997.04 Page 12 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-264 RESOLUTION AUTHORIZING THE CITY OF PASSAIC THROUGH THE CITY OF PASSAIC POLICE DEPARTMENT TO PARTICIPATE IN THE DEFENSE LOGISTICS AGENCY, LAW ENFORCEMENT SUPPORT OFFICE 1033 PROGRAM TO ENABLE THE CITY OF PASSAIC POLICE DEPARTMENT TO REQUEST AND ACQUIRE EXCESS DEPARTMENT OF DEFENSE EQUIPMENT. WHEREAS, the United States Congress authorizes the Defense Logistics Agency (DLA) Law Enforcement Support Office (LESO) 1033 Program to make use of excess Department of Defense personal property by making that personal property available to municipal, county and state law enforcement agencies (LEAs); and WHEREAS, DLA rules mandate that all equipment acquired through the 1033 Program remain under the control of the requesting agency LEA; and WHEREAS, participation in the 1033 Program allows municipal and county law enforcement agencies to obtain property they might not otherwise be able to afford in order to enhance community preparedness, response, and resiliency; and WHEREAS, although property is provided through the 1033 Program at no cost to municipal and county law enforcement agencies, these entities are responsible for the costs associated with delivery, maintenance, fueling, and upkeep of the property, and for specialized training on the operation of any acquired property; and WHEREAS, N.J.S.A. 40A:5-30.2 requires that the governing body of the municipality or county approve, by a majority of the full membership, both enrollment in, and the acquisition of any property through, the 1033 Program. Page 13 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of Passaic that the Passaic Police Department is hereby authorized to enroll in the 1033 Program for no more than a one-year period, with authorization to participate terminating on December 31 of the current calendar year from January 1, 2023 to December 31, 2023; and NOW, THEREFORE, BE IT RESOLVED that the Passaic Police Department is hereby authorized to acquire items of non-controlled property designated “DEMIL A,” which may include office supplies, office furniture, computers, electronic equipment, generators, field packs, non- military vehicles, vehicle parts, clothing, traffic and transit signal systems, exercise equipment, farming and moving equipment, storage devices and containers, tools, medical and first aid equipment and supplies, personal protection equipment and supplies, construction materials, lighting supplies, clothing, respirators, binoculars, and any other supplies or equipment of a non-military nature identified by the LEA, if it shall become available in the period of time for which this resolution authorizes, based on the needs of the City of Passaic Police Department, without restriction; and NOW THEREFORE BE IT FURTHER RESOLVED that the Passaic Police Department is hereby authorized to acquire the following “DEMIL B through Q” property, if it shall become available in the period of time for which this resolution authorizes; and BE IT FURTHER RESOLVED that the property available through the Program, “DEMIL A through Q” is attached hereto; and BE IT FURTHER RESOLVED that the City of Passaic Police Department shall develop and implement a full training plan and policy for the maintenance and use of the acquired property; and BE IT FURTHER RESOLVED that the City of Passaic Police Department shall provide quarterly accounting of all Page 14 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC property obtained through the 1033 Program which shall be available to the public upon request; and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately and shall be valid to authorize requests to acquire (1) “DEMIL A” property that may be made available through the 1033 Program and (2) “DEMIL B through Q” property; which may be made available through the 1033 Program during the period of time for which this resolution authorizes; with Program participation and all property request authorization terminating on December 31st of the current calendar year from January 1, 2023 to December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-10-265 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NJ DEPARTMNT OF COMMUNITY AFFAIRS FY23 LEAD REMEDIATION AND ABATEMENT GRANTS PROGRAM WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Department of Community Affairs FY 23 Lead Remediation and Abatement Grants Program; and WHEREAS, through the Lead Remediation and Abatement Grants Program, the NJ DCA is supporting local governments and nonprofits to address childhood lead poisoning by removing lead-based paint hazards in residential properties; and Page 15 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, said grant requires no matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply and submit an application for the maximum award. 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 New Jersey Department of Community Affairs FY 23 Lead Remediation and Abatement Grants Program. BE IT FURTHER RESOLVED that the City of Passaic, Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the New Jersey Department of Community Affairs FY 23 Lead Remediation and Abatement Grants Program. CITY OF PASSAIC RESOLUTION NO. 22-10-266 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND ACCEPTANCE FOR THE NJ DEPARTMENT OF COMMUNITY AFFAIRS FY 23 LEGISLATIVE GRANTS PROGRAM- PARKING AUTHORITY CAPITAL IMPROVEMENTS PROJECT WHEREAS, the City of Passaic has learned of the availability of funding in the amount of $10 million dollars from the New Jersey Department of Community Affairs FY23 Legislative Grants Program; WHEREAS, said grant requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply and accept the grant award of $10 million dollars to support Page 16 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the completion of the Main Avenue Public Parking Deck Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the NJ Department of Community Affairs FY 23 Legislative Grants Program for the Parking Authority Capital Improvements Project; and 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 New Jersey Department of Community Affairs FY 23 Legislative Grants Program for the Parking Authority Capital Improvements Project. CITY OF PASSAIC RESOLUTION NO. 22-10-267 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND ACCEPTANCE FOR THE NJ DEPARTMENT OF COMMUNITY AFFAIRS FY 23 LEGISLATIVE GRANTS PROGRAM- PULASKI PARK EXTENSION PROJECT WHEREAS, the City of Passaic has learned of the availability of funding in the amount of $6 million dollars from the New Jersey Department of Community Affairs FY23 Legislative Grants Program; WHEREAS, said grant requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply and accept the grant award of $6 million dollars to support the Pulaski Park Extension Project. Page 17 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the NJ Department of Community Affairs FY 23 Legislative Grants Program for Pulaski Park Extension Project. 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 New Jersey Department of Community Affairs FY 23 Legislative Grants Program for the Pulaski Park Extension Project. CITY OF PASSAIC RESOLUTION NO. 22-10-268 RESOLUTION AWARDING CONTRACT FOR GENERAL LEGAL COUNSEL CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Wednesday, October 26, 2022 for General Legal 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 as per the attached: and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the purchasing Department): and WHEREAS, it is recommended that the lowest, responsible proposer, PRB Attorneys at Law LLC., Newark, Page 18 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NJ be awarded the contract for General Legal Counsel in the amount of $125.00/hour in an amount not to exceed $ 350,000.00 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 General Legal Counsel be awarded to PRB Attorneys at Law, Newark, NJ in the amount of $125.00/hour in an amount not to exceed $ 350,000.00 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 the CY 23 budget being approved by the governing body funds will be available in Account .#3-01- 20-155-000-122. CITY OF PASSAIC RESOLUTION NO. 22-10-269 RESOLUTION AWARDING CONTRACT FOR INTERIM GENERAL LEGAL COUNSEL CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Wednesday, October 26, 2022 for Interim General Legal 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 as per the attached: and Page 19 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the purchasing Department): and WHEREAS, it is recommended that the lowest, responsible proposer, PRB Attorneys at Law LLC., Newark, NJ be awarded the contract for Interim General Legal Counsel in the amount of $125.00/hour in an amount not to exceed $ 175,000.00 for the period November 1, 2022 through December 31, 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Interim General Legal Counsel be awarded to PRB Attorneys at Law, Newark, NJ in the amount of $125.00/hour in an amount not to exceed $ 175,000.00 for the period November 1, 2022 through December 31, 2022. 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 the CY 22 budget being approved by the governing body funds will be available in Account #2- 01-20-155-000-122. CITY OF PASSAIC RESOLUTION NO. 22-10-270 RESOLUTION AWARDING CONTRACT FOR LABOR COUNSEL CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Wednesday, October 26, 2022 for Labor Counsel; and Page 20 of 50 Passaic City Council November 10, 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 multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, it is recommended that the lowest, responsible proposer, PRB Attorneys at Law LLC., Newark, NJ be awarded the contract for Labor Counsel in the amount of $125.00/hour in an amount not to exceed $ 175,000.00 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 Labor Counsel be awarded to PRB Attorneys at Law LLC., Newark, NJ in the amount of $125.00/hour in an amount not to exceed $ 175,000.00 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 the CY 23 budget being approved by the governing body funds will be available in Account #3- 01-20-155-000-124. Page 21 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-271 RESOLUTION AWARDING CONTRACT FOR INTERIM LABOR COUNSEL CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Wednesday, October 26, 2022 for Labor 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 as per the attached: and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, it is recommended that the lowest, responsible proposer, PRB Attorneys at Law LLC., Newark, NJ be awarded the contract for Interim Labor Counsel in the amount of $125.00/hour in an amount not to exceed $ 75,000.00 for the period November 1, 2022 through December 31, 2022. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Interim Labor Counsel be awarded to PRB Attorneys at Law LLC., Newark, NJ in the amount of $125.00/hour in an amount not to exceed $75,000.00 for the period November 1, 2022 through December 31, 2022. 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 22 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Contingent upon the CY 22 budget being approved by the governing body funds will be available in Account #2- 01-20-155-000-124. CITY OF PASSAIC RESOLUTION NO. 22-10-272 RESOLUTION REJECTING PROPOSALS FOR PRE-EMPLOYMENT PHYSICALS/ MEDICAL & DRUG TESTING CITY OF PASSAIC WHEREAS, proposals were received by the Department of Purchasing on Tuesday, October 25, 2022 for pre-employment physicals/ medical and drug testing, Passaic, NJ; 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 by multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, it is necessary to revise the specifications; and WHEREAS, it is the recommendation of the Purchasing Department to revise the specifications and that the proposals be rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposals received for pre- Page 23 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC employment physicals/ medical and drug testing be rejected and the specifications be revised and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-10-273 RESOLUTION REJECTING PROPOSALS FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH EVENING TUESDAY & THURSDAY SESSIONS WHEREAS, proposals were received by the Purchasing Department on October 25, 2022 for Municipal Court Interpreter, Spanish/English, Evening Tuesday and Thursday 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, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the Purchasing Department): and 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; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal for Municipal Court Interpreter, Spanish/English, Evening Tuesday and Thursday Sessions is rejected and is to be re-advertised. Page 24 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-274 RESOLUTION REJECTING PROPOSALS FOR AMERICAN RESCUE ACT PLAN FUNDING CONSULTANT CITY OF PASSAIC WHEREAS, proposals were received by the Department of Purchasing on October 25 2022 for American Rescue Act Plan Funding Consultant; 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 by multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, it is necessary to revise the specifications; and WHEREAS, it is the recommendation of the Purchasing Department to revise the specifications and that the proposals be rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposals received for American Rescue Act Plan Funding Consultant be rejected and the specifications be revised and re-advertised. Page 25 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-275 RESOLUTION REJECTING PROPOSALS FOR TAX APPEAL APPRAISER CITY OF PASSAIC WHEREAS, proposals were received by the Department of Purchasing on Thursday, October 27, 2022 for Tax Appeal Appraiser; 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, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, the proposals received exceeds the budget appropriation; and WHEREAS, it is the recommendation of the Purchasing Department that the proposals for Tax Appeal Appraiser be rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposals received for Tax Appeal Appraiser be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-10-276 RESOLUTION AWARDING CONTRACT FOR MUNICIPAL COURT PUBLIC DEFENDERS CITY OF PASSAIC Page 26 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Thursday, October 27, 2022 for Municipal Court Public Defenders; 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: WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the purchasing Department): and WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Municipal Court Public Defenders, be awarded to Salvatore Bellomo of Totowa, NJ, Michael Maher of Hackensack, NJ and Marco Di Stefano ESQ LLC of Union, NJ, in the amount of $150.00/session with a total amount not to exceed $ 100,000.00 inclusive of all three (3) public defenders for the period January 1, 2023 through December 31, 2023; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Public Defenders be awarded to Salvatore Bellomo of Totowa, NJ, Michael Maher of Hackensack, NJ, and Marco Di Stefano ESQ LLC of Union, NJ in the amount of $150.00/session with a total amount not to exceed $ 100,000.00 inclusive of all three (3) public defenders for the period January 1, 2023 through December 31, 2023; and 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 Page 27 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available contingent upon CY 22 Budget being approved by the Governing Body, Acct. #3-01- 43-495-000-028. CITY OF PASSAIC RESOLUTION NO. 22-10-277 RESOLUTION AWARDING CONTRACT FOR THREE (3) MUNICIPAL COURT PROSECUTORS CITY OF PASSAIC WHEREAS, proposals were received by the Purchasing Department on Thursday, October 27, 2022 for three (3) Municipal Court Prosecutor; 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: 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: Onvia Prime Vendor Inc Deltek Seattle, WA Wilmington, FL Herndon, VA North America Procurement Council Inc Grand Junction, CO WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Municipal Court Prosecutors be awarded to Rajeeh A. Saadeh, LLC of Bridgewater NJ; Marco Di Stefano of Union, NJ and James V. Pomaco of Nutley, NJ in the amount of $ 200.00/session and $225.00/DWI session with a total contract amount for all three (3) prosecutors not to exceed $ 135,000.00 for the period January 1, 2023 through December 31, 2023. Page 28 of 50 Passaic City Council November 10, 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 contract for Municipal Court Prosecutors be awarded to Rajeeh A. Saadeh, LLC of Bridgewater NJ, Marco Di Stefano of Union, NJ and James V. Pomaco of Nutley NJ in the amount of $ 200.00/session and $225.00/DWI session with a total contract amount for all three (3) prosecutors not to exceed $ 135,000.00 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 City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon Governing Body approval CY 2023 – Budget , Acct. 3-01-25- 275-000-029. CITY OF PASSAIC RESOLUTION NO. 22-10-278 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO PURCHASE PARKTEL SOLAR SMART PARKING METERS OR APPROVED EQUAL WHEREAS, proposals were received by the Purchasing Department on October 27, 2022, for Parktel Solar Smart Parking Meters or Approved Equal; 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, bids were received as per the attached; and WHEREAS, in addition to the above, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals. Page 29 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Prime Vendor Inc IPS Group, Inc Wilmington, NJ San Diego, CA WHEREAS the only bid that was received was from Devo & Associates, LLC of Voorhees, NJ; and WHEREAS, it is the recommendation of the Purchasing Director to purchase approximately thirty (30) Double Max Parktel Solar Smart Parking Meters from Devo & Associates, LLC of Voorhees, NJ in an amount of $ 23,520.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract to purchase approximately thirty (30) Double Max Parktel Solar Smart Parking Meters from Devo & Associates, LLC of Voorhees, NJ in an amount of $ 23,520.00 is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Parking Authority Account #2-01-25-245-000-029. CITY OF PASSAIC RESOLUTION NO. 22-10-279 RESOUTION AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT AND GENERAL RELEASE WHEREAS, the City of Passaic and City employee Walter I. Porto are defendants in litigation entitled Jose Dominguez v. Walter I. Porto and City of Passaic et al., Docket No. PAS-L-1379-20; and, WHEREAS, the parties desire to resolve and settle fully and finally the pending litigation; and, WHEREAS, meaningful negotiations between the parties has resulted in the preparation of a Settlement Agreement and General Release; and, Page 30 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City Council of the City of Passaic desires to approve the proposed Settlement Agreement and General Release and to authorize the execution of same. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows: 1. All of the foregoing “Whereas” clauses are incorporated by reference as if set forth at length herein. 2. The City of Passaic hereby authorizes the settlement of the above referenced litigation in accordance with the terms set forth in the proposed Settlement Agreement and General Release, a copy of which is attached hereto. 3. The City of Passaic counsel and all other appropriate City of Passaic officials and personnel are authorized to execute any and all related documents, including the attached Settlement Agreement and General Release and perform all tasks, which effectuate the purposes of this Resolution. 4. This Resolution shall take effect immediately and/or as required by law. CITY OF PASSAIC RESOLUTION NO. 22-10-280 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR A MATHCING GRANT PROGRAM FOR FAÇADE REPAIRS AND SIGNAGE 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 $220,000 to establish Page 31 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC a matching grant program for façade repairs and signage for UEZ certified businesses; and WHEREAS, the PEZDC Board of Trustees at their meeting of June 15, 2022 approved resolution to submit a grant application for the Façade and Signage Matching Grant Program to the NJ Urban Enterprise Zone Authority in the amount of $220,000, for a program through which a business may receive a grant equal to one for each dollar expended on signage and facade projects up to a maximum UEZ grant of $7,500 per business; and WHEREAS, grants to businesses are 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 Façade and Signage matching grant in the amount of $220,000; 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 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: Page 32 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-281 RESOLUTION FOR TREATMENT WORKS APPLICATION FOR STONEMONT FINANCIAL GROUP WHEREAS, New Jersey Department of Environmental Protection treatment works applications are applied for by developers of properties within the City of Passaic; WHEREAS, the treatment works application for the proposed development by Stonemont Financial Group located on Lots 17 and 54.01 of Block 1024 of the City of Passaic requires a city representative to sign-off as the authorized representative; and WHEREAS, the Mayor and City Council wish to designate the City Engineer as the City representative who is authorized to execute and submit the necessary treatment works application subject to planning board and engineering review for the proposed development by Stonemont Financial Group located on Lots 17 and 54.01 of Block 1024 of the City of Passaic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City Engineer is hereby authorized and directed to execute and submit the necessary treatment works application subject to planning board and engineering review for the proposed development by Stonemont Financial Group located on Lots 17 and 54.01 of Block 1024 of the City of Passaic on behalf of the City of Passaic. Page 33 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-10-282 RESOLUTION AUTHORIZING CITY OF PASSAIC TO WAIVE PROPERTY TAXES FOR REAL PROPERTY LOCATED AT 413-417 PAULISON AVENUE, PASSAIC, NEW JERSEY WHEREAS, in or about November 21, 2017, the City Council of the City of Passaic authorized the City of Passaic to enter into a Settlement Agreement to resolve all remaining claims in the matter captioned City of Passaic, Department of Community Development v. Upper Monroe Street Improvement Corporation, Docket No. PAS-C- 76 in the Superior Court of New Jersey, Passaic County, General Equity Division involving the redevelopment of certain real property located at 413-417 Paulison Avenue, Passaic, New Jersey (“Property;”) and WHEREAS, as part of the Settlement Agreement, the City of Passaic agreed to transfer clear title to the Property to Javier Construction and agreed to waive the property taxes through the close of 2017; and WHEREAS, due to COVID-19 and other unforeseen issues, transfer of title to the Property to Javier Construction was delayed through the present; and WHEREAS, there presently outstanding property taxes for the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to waive any and all outstanding property taxes for the real property located at 413-417 Paulison Avenue through November 30, 2022; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents necessary to effectuate the purpose of this Resolution or which are otherwise necessary to finalize the transfer of title as set forth in the Settlement Agreement previously authorized by the City Council; and Page 34 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Tax Assessor and/or Tax Collector are hereby authorized and directed to immediately undertake any and all actions necessary to effectuate this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-10-283 RESOLUTION AWARDING CONTRACT FOR ADULT & PEDIATRIC PHYSICIAN SERVICES WHEREAS, proposals were received by the Director of Purchasing on Tuesday, November 1, 2022 for Adult and Pediatric 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: and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the purchasing Department): and WHEREAS, it is the recommendation of Evaluation Committee, that Dr. Tadeusz Jedlinski, 50 Mt. Prospect Avenue, Clifton, NJ and Dr. Rodulfo Moises, a member of Allwood Pediatrics, 1040 Clifton Avenue, Clifton, NJ be awarded the contract at a cost of $ 100.00/hr. for each pediatrician at a total cost not to exceed $70,000.00 inclusive of both pediatricians for the period January 1, 2023 through December 31, 2023. Page 35 of 50 Passaic City Council November 10, 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 for Pediatric Physician Services be awarded to Dr. Jedlinski, and Dr. Rodulfo Moises, a member of Allwood Pediatrics at a cost of $90.00/hour for each pediatrician, at a total cost not to exceed $70,000.00 inclusive of both pediatricians for the period January 1, 2023 through December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute a contract for the above services on a form prepared by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon Governing Body approving CY 2022 Budget Account #3-01-27- 330-000-029. CITY OF PASSAIC RESOLUTION NO. 22-10-284 RESOLUTION REJECTING PROPOSAL FOR CONCESSION MANAGEMENT SERVICES SYNTHETIC ICE SKATING RINK THIRD WARD MEMORIAL PARK PASSAIC, NJ WHEREAS, proposals were received by the Director of Purchasing on Tuesday November 1, 2022 for Concession Management Services Synthetic Ice Skating Rink Third Ward Memorial Park Passaic, NJ; 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 downloaded from the City of Passaic’s website, none of whom submitted proposals: Page 36 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC East Haven Fire Department East Haven, CT 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; and WHEREAS, it is the recommendation of the Purchasing Department that this bid be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-10-285 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH SPORTS PRO FOR FURNISHING & INSTALLATION OF SPORT COURT POWER GAME PERFORMANCE SURFACE FOR HOWARD AVENUE TENNIS COURTS – THIRD WARD MEMORIAL PARK (SPORTSPROS USA INC) CITY OF PASSAIC WHEREAS, on March 22 2022, the City Council of the City of Passaic adopted Resolution #22-03-082 (attached) approving a contract with Sports Pros USA, Wyckoff, NJ for Furnishing & Installation Of Sport Court Power Game Performance Surface For Howard Avenue Tennis Courts –Third Ward Memorial Park in the amount of $ 239,668.00; and WHEREAS, a change order is necessary due to the attached; and Original Contract $ 239,668.00 Additional Cost $11,000.00 Final Contract Price $ 250,668.00 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 Sports Pro USA, Wyckoff NJ for furnishing and installation of Sport Court Power Page 37 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Game Performance Surface For Howard Avenue Tennis Courts – Third Ward Memorial Park is ratified and accepted, adjusting the contract to the revised total amount of $ 250,668.00. 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 Account #T-03-56-306- 000-CPK – Self Insurance City Parks ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2370-22 ORDINANCE AMENDING CHAPTER 317, “ZONING”, ARTICLE III “DEFINITIONS AND WORD USAGE”, SECTION 317-10 “DEFINITIONS” AND ARTICLE IV “SCHEDULE OF REGULATION”, SECTION 317-11 “ADOPTION OF SCHEDULE” OF THE CITY OF PASSAIC CODE TO PERMIT INDOOR FARMING IN THE M-1 AND M-2 ZONING DISTRICTS 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 Page 38 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 317, “Zoning,” Article III “Definitions and Word Usage” Section 317-10 “Definitions” and Article IV, “Schedule of Regulations” Section 317-11 “Adoption of Schedule” sets forth definitions and permitted and conditional use regulations throughout the City of Passaic Zoning Districts; and WHEREAS, Mayor Hector C. Lora wishes to amend the zoning ordinance to permit indoor vertical farming activities within the M-1 and M-2 industrial zoning districts; and WHEREAS, climate change has the potential to disrupt traditional agricultural production, Controlled Environment Agriculture can be an important part of a robust and nutritious food supply across the globe; and WHEREAS, urban environments do not have the expanses of land necessary for traditional farming methods; and WHEREAS, indoor agriculture allows for better use of space when it’s done vertically; and WHEREAS, Old, unused industrial buildings in urban areas can easily be repurposed for indoor farming; and WHEREAS, the Planning Board has transmitted its report of recommendations regarding the zoning ordinance amendments to the Governing Body pursuant to N.J.S.A. 40:55D-26; and NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic Chapter 317, “Zoning,” Article III “Definitions and Word Usage” Section 317-10 “Definitions” and Article IV, “Schedule of Regulations” Section 317-11 “Adoption of Page 39 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Schedule”, “Attachment 7 Schedule of Regulations Part 4” is hereby amended as follows: SECTION 1 317-10 Definitions amended to include the following definitions: Indoor Vertical Farming, is the practice and process of growing crops and produce in vertically stacked layers. Vertical farming uses controlled-environment agriculture (CEA) which optimizes plant growth by using soilless farming techniques such as hydroponics, aquaponics, and aeroponics. Controlled Environment Agriculture (CEA) an all- encompassing term that includes any type of indoor agriculture, like greenhouses, hydroponic systems, and vertical farms, where plants grow within a controlled environment to optimize horticultural practices. 317-11 Schedule of Regulations is amended to include the following: Indoor Vertical Farming as a permitted use in the M- 1 see “Attachment 7- Schedule of Regulations Part 4” as amended 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. Page 40 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 November 22, 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. 2371-22 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 408 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 41 of 50  Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC DELETION: NAME OF STREET SIDE LOCATION PLATE # 435 Harrison West Beginning at a point 140 HW8749 Street feet east of the easterly curbline of Myrtle Avenue and extending to a point 25 feet easterly therefrom 105 Henry Street South Beginning at a point 64 WZF98N feet east of the easterly curbline of Central Avenue and extending to a point 22 feet easterly therefrom 53 Jackson South Beginning at a point 111 H24GRU Street feet west of the westerly curbline of Hope Avenue and extending to a point 22 feet westerly therefrom 154 Ninth Street East Beginning at a point 115 VKT97E feet south of the southerly curbline of Passaic Street and extending to a point 22 feet southerly therefrom 80 Passaic South Beginning at a point 83 W94PRZ Avenue feet west of the westerly curbline of Passaic Avenue and extending to a point 22 feet westerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: Page 42 of 50  Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADDITION: NAME OF STREET SIDE LOCATION PLATE # 37 Hammond South Beginning at a point 52 B44MHV Avenue feet north of the northerly curbline of Oak Street and extending to a point 22 feet northerly therefrom 47 Highland South Beginning at a point 38 P40NYA Avenue feet east of the easterly curbline of Dayton Avenue and extending to a point 22 feet easterly therefrom 105 Henry Street South Beginning at a point 64 S19PVG feet east of the easterly curbline of Central Avenue and extending to a point 22 feet easterly therefrom 108 Hope Avenue East Beginning at a point 87 G91RED feet south of the southerly curbline of Quincy Street and extending to a point 22 feet southerly therefrom 53 Jackson South Beginning at a point 111 N27REY Street feet west of the westerly curbline of Hope Avenue and extending to a point 22 feet westerly therefrom 47 Martha Place West Beginning at a point 44 7329HG feet south of the southerly curbline of Dead End and extending to a point 22 feet southerly therefrom Page 43 of 50  Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 80 Passaic South Beginning at a point 155 W94PRZ Avenue feet west of the westerly curbline of Passaic Avenue and extending to a point 22 feet westerly therefrom 158 Third Street East Beginning at a point 36 6133HJ feet south of the southerly curbline of Hudson Street and extending to a point 22 feet southerly 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 November 22, 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. 2372-22 ORDINANCE AMENDING THE CITY OF PASSAIC CODE TO REPEAL CHAPTER 30, “LOCAL HISTORIAN” IN ITS ENTIRETY AND REPLACE IT WITH CHAPTER 30, “HISTORIC PRESERVATION COMMISSION” 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 Page 44 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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; WHEREAS, pursuant to N.J.S.A. 40:55D-107(a), the governing body of a municipality may by ordinance provide for a historic preservation commission; and WHEREAS, the City of Passaic has not re-appointed or appointed a Local Historian since 2008 and the Mayor has determined it is in the best interest of the City to replace the position of Local Historian with an advisory commission. NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic is hereby amended to repeal Chapter 30, “Local Historian” in its entirety and replace it with Chapter 30, “Historic Preservation Commission” as follows: SECTION 1 CHAPTER 30, “HISTORIC PRESERVATION COMMISSION” § 30-1 Historic Preservation Commission Established An agency to be known as the Historic Preservation Commission is hereby established. The Commission shall consist of seven regular members and two alternate members who shall be appointed by the Mayor with the advice and consent of the City Council. A majority of the Commission members shall be residents of the City of Passaic. § 30-2 Members; Terms; Conflicts; Removal (a) At least one member of the Historic Preservation Commission shall belong to each of the following classes: CLASS A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality. Page 45 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CLASS B: at least one person who is knowledgeable about or with a demonstrated interest in local history and who may reside outside the municipality. CLASS C: Those regular members who are not designated as Class A or B. Class C members shall be citizens of the municipality who hold no other office, position, or employment in the municipality except for membership on the Planning Board or Board of Adjustment. If possible, Class C members shall be knowledgeable about local history, history of landscape design, archaeology, architectural history, or building design. (b) Alternate members shall meet the qualifications of Class C members. The Mayor with the advice of the City Council shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." Of the regular members first appointed on January 1, 2023, one shall have a term of one year, one shall have a term of two years, one shall have a term of three years, and four shall have a term of four years. In the case of alternate members, Alternate No. 2 shall have a term of one year and Alternate No. 1 shall have a term of two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of the member's term shall be filled only for the unexpired term in the same manner as the initial appointment subject to the continuing requirements concerning the appointment of members. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the terms of membership on the Planning Board, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment. (c) The Historic Preservation Commission shall elect a chair and vice chair from its members and select a municipal employee as secretary. Page 46 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (d) Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. (e) No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. (f) A member of the Historic Preservation Commission body may, after public hearing if they requests it, be removed by the governing body for cause. § 30-3 Historic Preservation Commission Funded by Governing Body (a) The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission (b) The Historic Preservation Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body, unless the governing body, by appropriation, provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission’s use. § 30-4 Responsibilities of Historic Preservation Commission The Historic Preservation Commission shall: (a) Carry out an historical program; (b) Make an annual report to the Mayor of all of the work performed during the year; (c) Research and write the City history; and (d) Assist in projects of commemoration. Page 47 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 November 22, 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 Melo and seconded by Council Member Love, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 48 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S REPORT Mayor Lora shared that Clifton Mayor James Anzaldi who retired after 30 years, expressed his gratitude and appreciation to the city of Passaic for the retirement event at City Hall. On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION Resolution No. _22-11-286_ RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON NOVEMBER 10, 2022 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Re: Attorney Client Privilege WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exits: NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows; 1. The public shall be excluded from discussion of an action upon the hereinafter specified subject matters; 2. The general nature of the subject matter to be discussed is as follows: a. Litigation b. Personnel c. Contract Negotiations Page 49 of 50 Passaic City Council November 10, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 3. It is anticipated at this time that the above stated subject matter will be made public when deemed appropriate. 4. This Resolution shall take effect immediately. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X On a motion by Council Member Love and seconded by Council Member Melo the regular council meeting was reconvened AT 8:53p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Garcia and seconded by Council Member Love the meeting was adjourned at 8:54 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Acting City Clerk Council President Page 50 of 50