City Council

City of Passaic New Jersey Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND LIVE STREAM VIA FACEBOOK ON MONDAY, DECEMBER 19, 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 DECEMBER 14, 2022 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS.) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie B. Burns, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. The following addendums were included in the agenda: • Revised council agenda • Item #61 - Ordinance Adopting The Redevelopment Plan for 312-328 Broadway (Block 3272.01 Lot 11) in the City of Passaic, New Jersey Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MINUTES Council Meeting Minutes for July 19, 2022 and August 2, 2022 were submitted for approval. Upon motion made by Council Member Garcia and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT 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 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 • People are not cleaning up after dogs in Third Ward park; feces left on sidewalks (he submitted photo exhibits A1 and A2). • Once parking deck is built, will there be free parking? • Agenda item #49 why is property tax being waived? • Agenda item #61 – what is this about? After ample opportunity given and no one else responding on a motion by Council Member Schwartz and seconded by Page 2 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Melo the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT 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. 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 Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Garcia the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X Page 3 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 ABSENT ABSENT X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2373-22 ORDINANCE AMENDING CHAPTER 317, “ZONING”, ARTICLE III “DEFINITIONS AND WORD USAGE”, SECTION 317-10 “DEFINITIONS” OF THE CITY OF PASSAIC CODE TO AMEND THE DEFINITION OF HOME OCCUPATION OR HOME PROFESSION TO PERMIT UBER/LYFT TYPE SERVICES Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Schwartz the public portion of the meeting was closed ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X Page 4 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Mayor Lora joined at 7:27 p.m. 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 ABSENT ABSENT X X X X COMMUNICATIONS AND PETITIONS: On a motion by Council Member Melo and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted DGonzalez Service Corp/Daniel Gonzalez, 502 Lafayette Ave, submitting an application to renew his Limousine License for the year 2023. City of Passaic (Administration), 330 Passaic Street, submitting the following applications: • Tree lighting Event on Main Ave, Between Madison St. and Sokol Square, on December 03, 2022 from 5:00p.m. to 6:30 p.m. • Holiday Parade of Lights, on December 19, 2022 from 5:00p.m. to 8:00 p.m. (Route to be determined) • New Year’s Ball Drop, on Main Ave in front of 663 Main Ave, (between Jefferson St & Washington Pl.) on December 31, 2022 from 8:00 p.m. to 1:30 a.m. (Contingent upon department approval) Our Lady of Fatima & Saint Nicholas, 153 Washington Place, submitting application to hold a Procession on December 12, 2022 from 6:45 p.m. to 8:00 p.m. The procession will commence at Exchange Place and Pennington Ave proceeding northwest Passaic St to Washington Pl, ending at 153 Washington PL. City of Passaic (Department of Recreation), 330 Passaic Street, submitting application to hold a Holiday in the Park Event, in Third Ward Park, on December 15, 2022 from Page 5 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 5:00 p.m. to 8:00 p.m. (Contingent upon Departmental Approvals) St. John Lutheran Church, 140 Lexington Ave, submitting application to hold a Mass in Honor of Virgen de Guadalupe event, at 140 Lexington Ave on December 11, 2022 from 3:00p.m. To 5:00 p.m. Weatherly Frias, Deputy City Clerk, submitting a request for refund of a cash bond to Organization of Mexican Americano Unidos in the amount of $1,035.03 (Event held: September 25, 2022). Cardona Hall, LLC, 72 Hoover Avenue, submitting application for a new Entertainment License for the year 2022. Cardona Hall, LLC, 72 Hoover Avenue, submitting application to renew their Entertainment License for the year 2023. 40 Brighton Avenue t/a Silk, 40 Brighton Rd, submitting application to renew their Entertainment License for the year 2023. (with conditions as per Resolution 09-12-312) El Asadero Mexican Grill, 305 Passaic Street, submitting application to renew their Entertainment License for the year 2023. D’Bar Liquors, LLC, 898 Main Avenue, submitting application to renew their Entertainment License for the year 2023. Cazadores Bar LLC t/a Mandala, 246 Third Street, submitting application to renew their Entertainment License for the year 2023. Zuniga Entertainment, LLC t/a Fiesta Night Club, 115 President Street, submitting application to renew their Entertainment License for the year 2023. GV Entertainment LLC t/a The Garden Vista, 29 Howe Avenue, submitting application to renew their Entertainment License for the year 2023. Page 6 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Missameach, LLC t/a The Brightstone, 201 Randolph Street, submitting application to renew their Entertainment License for the year 2023. Anais Lounge, 52 Garden Street, submitting application to renew their Entertainment License for the year 2023. Mojito Bar, LLC, 159 Market Street, submitting application to renew their Entertainment License for the year 2023. La Rancherita, 22 Jackson Street, submitting application to renew their Entertainment License for the year 2023. Michelle Nicollette, Lewis, LLC t/a Rumba Bar, 234 Monroe Street, submitting application to renew their Entertainment License for the year 2023. Jaguar Nite Club, 165 Passaic Street, submitting application to renew their Entertainment License for the year 2023. Ukrainian Center, 240 Hope Avenue, submitting application to renew their Entertainment License for the year 2023. Atardecer de Mexico, LLC, 210 Washington Place, submitting application to renew their Entertainment License for the year 2023. Fragancia Sport Bar, 161 8th Street, submitting application to renew their Entertainment License for the year 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT 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 Garcia and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Page 7 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NJ Environmental Protection, submitting the following: • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-11-04-1237-39 • Notification – Drinking Water and Clean Water State Revolving Fund • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-11-10-1802-36 • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-11-10-1243-33 • Withdrawal Letter Notification: Project 192 9th Street Passaic- NJ – Flood Hazard Area Verification (Method 3) • Notification- NJEP – Classification Exemption Area/ Well Restriction Area Associated with Historic Fill • 192 9th St , Passaic - Land Use Authorization or Permit – Application New Jersey District Water Supply Commission, submitting the following: • Notice of cancellation of their November 16, 2022 meeting and their December 14, 2022 meeting moved to December 21,2022 Passaic Valley Water Commission submitting the following: • Notice Rescheduling their November 23, 2022 meeting to November 30, 2022 • Audit report for the Year ending December 31, 2021 Walbri Properties LLC submitting the following: • Notice to Property Owners Within 200 Feet of Development: 61 Willett Street –Re: 1 Walnut St, Clifton NJ and 9 Walnut St. Clifton NJ.; and Interior Brighton Ave, Passaic NJ Colliers Engineering & Design submitting the following: • Biennial Certification , Passaic Industrial Center – 88-90 Dayton Avenue; Block 4057, Lot 4,39,50&70 : Colliers Engineering & Design Project No. 08000770C City of Passaic – Alcoholic Beverage Control Board submitting the following : • Notice cancelling their November 10, 2022 public meeting. Page 8 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PSE&G, submitting the following: • Application for Extension of Statewide Freshwater Wetlands General Permit #1, #2, and #21 and Flood Hazard Area Individual Permit for the Installation, Maintenance, and Repair of Existing Underground and Overhead Electric Distribution Facilities, and selective herbicide application in riparian zones within Electric Distribution and Public RightofWay Terms Environmental Services Inc, submitting correspondence re: Remedial Action Type: Unrestricted Use, Area AOC-1 Site Wide Ground Water Contamination. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT 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 DECEMBER 6, 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 Melo and seconded by Council Member Garcia the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-12-341 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A PARTNERSHIP AGREEMENT WITH THE GOVERNOR’S HISPANIC FELLOW PROGRAM FOR THE SUMMER OF 2023 Page 9 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Governor’s Hispanic Fellows Program provides opportunities for some of New Jersey’s best and brightest young people in the Hispanic community to gain valuable hands on experience in state and local government through a summer internship program; and WHEREAS, the City of Passaic wishes to enter into the attached Partnership Agreement with the Governor’s Hispanic Fellows Program under which the Governor’s Hispanic Fellows Program will provide the City of Passaic interns from June 05, 2023 – July 28, 2023. NOW THEREFORE BE IT RESOLVED, by The City Council of the City of Passaic that City of Passaic is hereby authorized and directed to execute the Partnership Agreement attached hereto as well as any other documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-12-342 RESOLUTION TO AMEND CY2022 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) AMERICAN RESCUE PLAN FIREFIGHTER GRANT FY2022 – 31,000.00 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Page 10 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2022 as follows: American Rescue Plan Firefighter Grant FY2022 – 31,000.00 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: American Rescue Plan Firefighter Grant FY2022 – 31,000.00 Account #G-02-40-022-AFG-000 CITY OF PASSAIC RESOLUTION NO. 22-12-343 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF GREEN LIBERTY LLC’S CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30- 7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the Page 11 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, Green Liberty LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is Green Liberty LLC; and WHEREAS, Green Liberty LLC wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 26 Third Street, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by Green Liberty LLC to operate within the City of Passaic; and 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. Page 12 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-12-344 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH DOWNTOWN MERCHANTS CORPORATION FOR LABORERS 2023 WHEREAS, City of Passaic and Downtown Merchants Corporation (“DMC”) wish to enter into the attached shared services agreement pursuant to NJSA 40A:65-1, et.seq.; and WHEREAS, under the attached shared services Agreement the City will furnish two (2) Laborers, to the DMC to provide services to the DMC for thirty five (35) hours per week for the period January 1, 2023 through December 31, 2023; and WHEREAS, the DMC will pay the City of Passaic $32,760.00 pro-rated, in exchange for such services for each Laborer. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into a Shared Service Agreement with the Downtown Merchants Corporation for furnishing two (2) Laborers to the Downtown Merchants Corporation to provide services for the period of January 1, 2023 through December 31, 2023, subject to the terms and conditions thereof; and BE IT FURTHER RESPOLVED that the Mayor and City Clerk shall 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 Downtown Merchants Corporation to commence the Shared Services Agreement; and BE IT FURTHER RESOLVED that a copy of this resolution and a copy of the Executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to NJSA 40A:65-4. Page 13 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-12-345 RESOLUTION AUTHORIZING INTERLOCAL SERVICES AGREEMENT WITH THE DOWNTOWN MERCHANTS CORPORATION FOR REDEVLOPMENT ASSISTANT WHEREAS, the City of Passaic maintains the position of Redevelopment Assistant; and WHEREAS, the Downtown Merchants Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, Downtown Merchants Corporation (DMC) desires to utilize the services of the City of Passaic Redevelopment Assistant on a 40 hours per week basis; and WHEREAS, sharing the time of the Redevelopment Assistant between both the City and the DMC will result in efficiencies to both organizations; WHEREAS, the City and DMC have had a successful history in working together in the operation of programs managed by the DMC; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the DMC for the Redevelopment Assistant providing the City with an annual amount of $50,619 prorated for the period January 1, 2023 through December 31, 2023 for the services of the Redevelopment Assistant. Page 14 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-12-346 RESOLUTION AUTHORIZING TRAINING AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC COUNTY COMMUNITY COLLEGE FOR EKG TECHNICIAN TRAINING WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Training Agreement for EKG Technician Training (“Agreement”) with Passaic County Community College, One College Boulevard, Paterson, New Jersey 07505 (“PCCC”); and WHEREAS, City has received a grant from the Department of Housing and Urban Development (HUD) via the Community Development Block Grant known as the CDBG CARES Act, which was enacted in order to prevent, prepare for and respond to the current Coronavirus pandemic (COVID- 19); and WHEREAS, an approved program that these funds may be used for is a medical job training program for income qualified residents of City; and WHEREAS, City has requested that PCCC provide EKG Technician training to certain constituents of City; and WHEREAS, City and PCCC have set forth their intentions within the attached Agreement and mutually agree to the terms therein. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Training Agreement with Passaic County Community College for EKG Technician training subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Training Agreement attached hereto; and Page 15 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Training Agreement shall be forwarded to Passaic County Community College. CITY OF PASSAIC RESOLUTION NO. 22-12-347 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY OFFICE OF INFORMATION TECHNOLOGY (OIT) - NEXT GENERATION 911 GRANTS PROGRAM WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Office of Information Technology Next Generation 911 Grants Program; and WHEREAS Through the Next Generation 911 Grants Program FY23, the NJOIT supports local governments in the upgrading of Public Safety Answering Point (PSAP) equipment and creating incentives for consolidation of PSAPs; and WHEREAS, said grant requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply for the maximum award and submit an application for this grant. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the New Jersey Office of Information Technology Next Generation 911 Grants Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to Page 16 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC file this application and to accept grant funds from the New Jersey Office of Information Technology Next Generation 911 Grants Program. CITY OF PASSAIC RESOLUTION NO. 22-12-348 RESOLUTION AWARDING CONTRACT FOR CONCESSION MANAGEMENT SERVICES SYNTHETIC ICE SKATING RINK THIRD WARD MEMORIAL PARK PASSAIC, NJ WHEREAS, a proposal was received by the Purchasing Department on Thursday, December 8, 2022 for Concession Management Services Synthetic Ice Skating Rink Third Ward Memorial Park Passaic, NJ; and WHEREAS, a proposal was received from USA Synthetic Rinks of Silver Spring, Maryland; and WHEREAS, the concession management services Synthetic Ice Skating Rink Third Ward Memorial Park shall be operated from November 25, 2022 through April 30, 2023 in a not to exceed amount of $52,052.00; and WHEREAS, it is the recommendation of the Purchasing Department that the contract be awarded to USA Synthetic Rinks of Silver Spring, Maryland in the not to exceed amount of $52,052.00 for the time period November 25, 2022 through April 30, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Concession Management Services Synthetic Ice Skating Rink Third Ward Memorial Park be awarded to USA Synthetic Rinks of Silver Spring, Maryland in the not to exceed amount of $52,052.00 for the time period November 25, 2022 through April 30, 2023. Page 17 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 are available in CY 2022 Account #2-01-20-110-000- 028 and funds for CY 2023 Account #3-01-20-110-000-028 contingent upon Governing Body approval. CITY OF PASSAIC RESOLUTION NO. 22-12-349 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE TRANSIT HUB PLANNING GRANT PROGRAM WHEREAS, The Center for Community Planning, the American Planning Association-NJ Chapter (APA-NJ) and the North Jersey Transportation Planning Authority (NJTPA) are co-sponsoring a Transit Hub Planning Program; and WHEREAS The Program will provide technical planning support by a team of volunteer planners to develop strategic plans for the re-use, redevelopment, or improvement of a transit hub in the selected communities: and WHEREAS, NJ Transit will be building a new bus terminal in Passaic in the next few years; and WHEREAS, the State of New Jersey has a formal designation of TRANSIT HUB, which provides certain grant incentives to designated communities; and Page 18 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS it is anticipated that the work that will be conducted by the Planning Team would assist the City in becoming a State designated TRANSIT HUB. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application for the Transit Hub Planning Program Grant subject to the terms and conditions set forth in the grant guidance and thereafter accept all awarded funds; and 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. 22-12-350 RESOLUTION AUTHORIZING THE CITY ENGINEER AND CITY OF PASSAIC TO EXECUTE A NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION TREATMENT WORKS APPROVAL PERMIT APPLICATION AND STATEMENT OF CONSENT (WQM-003) FOR CONNECTION OF THE GROUNDWATER TREATMENT SYSTEM – BLOCK 1209, LOTS 5, 19, 19.5 & 21 – FORMER RIVER OIL SITE WHEREAS, the property owner of the Former River Oil Site, Joashlin Construction Company Inc., (Joashlin), is required by the New Jersey Department of Environmental Protection (NJDEP) to conduct remedial activities at the Site. The remediation will involve the extraction of impacted groundwater and onsite treatment by a privately owned and maintained groundwater treatment system. The treated water will then be discharged to the Passaic River though the on-site stormwater system. The project will have no impact on the City of Passaic sanitary collection system, and it is necessary for Joashlin to seek approval on behalf of the City of Passaic for an approval from the NJDEP for a Treatment Works Approval (TWA-1) Permit as a Page 19 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC result of the discharge associated with the proposed project; and WHEREAS, it is necessary for the City of Passaic to consent to the TWA-1 Permit application to be filed by the applicant with the NJDEP; and WHEREAS, the TWA-1 application has been reviewed and approved by the City Engineer; and WHEREAS, the City Council of the City of Passaic, hereby authorizes the City Engineer to execute the Statements of Consent (WQM-003) as part of the TWA-1 permit application. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Passaic, hereby authorizes the City Engineer to execute the Statements of Consent form which is part of the NJDEP TWA-1 permit application concerning the project for the Former River Oil Site, Block 1209, Lots 5, 19, 19.5 and 21. CITY OF PASSAIC RESOLUTION NO. 22-12-351 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 2173 LOTS 9, 12 AND 19 (821 MAIN AVENUE, 823 MAIN AVENUE & 254 OAK STREET) 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 821 Main Avenue, 823 Main Avenue and 254 Oak Street (Block 2173 Lots 9, 12 and 19) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for Page 20 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 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 2173 Lots 9, 12, and 19 (821 Main Avenue, 823 Main Avenue & 254 Oak Street) as an Area in Need of Redevelopment/ Rehabilitation. CITY OF PASSAIC RESOLUTION NO. 22-12-352 RESOLUTION – BUDGET TRANSFERS CALENDAR YEAR 2022 BE IT RESOLVED by the City Council of the City of Passaic in the County of Passaic and State of New Jersey, Page 21 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC that, the following transfers are to be made from the Calendar Year 2022 Municipal Budget Appropriations: FROM TO Police SW 400,000.00 Legal OE 20,000.00 Engineer OE 80,000.00 Streets & Roads OE 100,000.00 Vehicle Maint. OE 50,000.00 Gasoline OE 150,000.00 TOTAL 400,000.00 400,000.00 CITY OF PASSAIC RESOLUTION NO. 22-12-353 RESOLUTION – SEWER BUDGET TRANSFERS CALENDAR YEAR 2022 BE IT RESOLVED by the City Council of the City of Passaic in the County of Passaic and State of New Jersey, that, the following transfers are to be made from the Calendar Year 2022 Municipal Sewer Budget Appropriations: FROM TO Other Expenses 135,000.00 OE – Sewer Maint. Fee 135,000.00 TOTAL 135,000.00 135,000.00 Page 22 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-12-354 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 December 31, 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 Page 23 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the transfer of title as set forth in the Settlement Agreement previously authorized by the City Council; and 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. 22-12-355 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE CARNIE BRAGG PARK IMPROVEMENT PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic throughout the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for and obtain a grant from the NJ Department of Community Affairs for $50,000 to fund the predevelopment architectural and engineering work for the Carnie Bragg Park Improvement Project, a gateway to the City of Passaic ; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 14, 2022 approved a resolution to submit a grant application for to pursue the Carnie Bragg Park Improvement Project to the NJ Urban Enterprise Zone Authority in the amount of $50,000; and WHEREAS, funding the Carnie Bragg Park project is consistent with the provisions of the UEZ legislation allowing for improvements to public infrastructure in a commercial and transportation corridor; and WHEREAS, substantial private development is occurring in the Main Avenue corridor and these improvements to the Page 24 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Gateway will enhance those investments and encourage more investment in the area; WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds; and NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for the Carnie Bragg Park Improvement Project grant in the amount of $50,000; 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: CITY OF PASSAIC RESOLUTION NO. 22-12-356 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE DISTRESSED PROPERTIES ACQUISITION PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY Page 25 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 $150,000 to carry out a Distressed Properties Acquisition Project; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 14, 2022 approved resolution to submit a grant application to establish a Distressed Properties Acquisition Project to the NJ Urban Enterprise Zone Authority in the amount of $150,000; and WHEREAS, properties exist in the UEZ area which for a variety of reasons may be distressed, and in some cases subject to tax sales; and WHEREAS, the City of Passaic may acquire those properties and make them available to the PEZDC; and WHEREAS, THE PEZDC has successfully managed similar projects, whereby it has acquired a property and then then transferred title to a qualified developer, who was responsible for completing the project in a manner formally agreed to by the PEZDC and the Developer prior to the transfer of title; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds; and NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Distressed Properties Acquisition Project grant in the amount of $150,000; 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 Page 26 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 22-12-357 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE 2023 MARKETING 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 $150,000 to carry out a marketing program project; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 14, 2022 approved resolution to submit a grant application for the re-establishment of a Marketing Program Project to the NJ Urban Enterprise Zone Authority in the amount of $150,000; and WHEREAS, funding a marketing program project is consistent with the provisions of the UEZ legislation allowing for professional services related to economic development; and Page 27 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the PEZDC has managed similar programs in the past including print, television, radio and other media which have been 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 Marketing Program Project grant in the amount of $150,000; 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: CITY OF PASSAIC RESOLUTION NO. 22-12-358 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE RIVERWALK AT MARKET AND SOUTH STREETS PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY Page 28 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 in the amount of $50,000 to establish a Riverwalk at Market and South Streets Project, a Gateway to the City; and WHEREAS, the PEZDC Board of Trustees, at their meeting of December 14, 2022, approved a resolution to submit a grant application to establish a Riverwalk at Market and South Streets Project to the NJ Urban Enterprise Zone Authority in the amount of $50,000; and WHEREAS, funding the Market and South Streets River Walk project is consistent with the provisions of the UEZ legislation allowing for improvements to public infrastructure; and WHEREAS, substantial private development is occurring in the Market and South Street neighborhood with several hundred residential units under construction, including a completed mixed use project at at Two Market Street; and WHEREAS the public investment in the River Walk Project will encourage additional investment in the area. 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 Riverwalk at Market and South Streets Project grant in the amount of $50,000; 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 Page 29 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 22-12-359 RESOLUTION APPROVING THE APPLICATION OF THE CITY OF PASSAIC TO HOLD A NEW YEAR’S EVE CELEBRATION WITH SALE AND CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY WHEREAS, the City of Passaic has made an application to hold a New Year’s Eve Celebration from December 31, 2022 at 8:00 p.m. to 1:00 a.m. on January 1, 2023, at 663 Main Avenue, Passaic, New Jersey; and WHEREAS, the City’s New Year’s Eve Celebration also involves the use and temporary closing of certain City streets as is set forth in the application; and WHEREAS, the City of Passaic seeks approval of its application, including permission to sell alcohol for immediate consumption in a public place at the City’s New Year’s Eve Celebration by and through a partnership with Hamlet Entertainment, LLC d/b/a Mama Sushi; and WHEREAS, pursuant to Chapter 75-24 of the City Code of the City of Passaic the City Council, for good cause shown, may permit the consumption of alcoholic beverages in public areas by a resolution of the City Council, upon the written request of an organization to the Council, and Page 30 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC which resolution shall state the hours within which such permission is granted and location where such permission shall be in force and such other terms and conditions as established by the City Council; and WHEREAS, Mama Sushi has applied to the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control for a Permit to Extend Licensed Premises to allow for the sale of alcoholic beverages for immediate consumption at the City’s New Year’s Eve Celebration, subject to strict compliance with the express conditions as set forth therein; and WHEREAS, the City Council’s approval of the City’s application is expressly contingent upon approval of the Petition to Extend Licensed Premises Permit by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic’s application to hold a New Year’s Eve Celebration from December 31, 2022 at 8:00 p.m. to 1:00 a.m. on January 1, 2023, at 663 Main Avenue, Passaic, New Jersey which will include the sale of alcohol in a public place, is hereby approved subject to strict compliance with the following conditions: 1. The sale of alcoholic beverages by the glass or other open receptacles at the above-captioned event shall be for immediate consumption in a confined area(s) of the New Year’s Eve Celebration between the hours of 8:00 p.m. on December 31, 2022 and 1:00 a.m. on January 1, 2023. All advertisements related to the New Year’s Eve Celebration, including but not limited to tickets, must include the Special Permit No. issued by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, and the Special permit shall be conspicuously displayed at the New Year’s Eve Celebration. 2. Hamlet Entertainment, LLC d/b/a Mama Sushi shall not serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or Page 31 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC indirectly, or the consumption by any person under the legal age to consume alcoholic beverages, not to any person who is actually or apparently intoxicated. Self-service by attendees of the New Year’s Eve Celebration is strictly prohibited and all sale, service or delivery of alcoholic beverages to attendees of the New Year’s Eve Celebration must be made and supervised by authorized staff of Mama Sushi. Mama Sushi shall maintain adequate staff at the New Year’s Eve Celebration to monitor each sale, service or delivery of an alcoholic beverage to prevent service to intoxicated or underage individuals. Such staff shall check identification of individuals prior to entry in the confined area(s) where alcoholic beverages are available to confirm that all persons therein are at least twenty- one (21) years of age. Sale, service or delivery shall be limited to two (2) alcoholic beverages per customer at a time. All persons admitted to the area(s) where alcoholic beverages are sold and/or consumed shall wear a bracelet indicating that such person has been approved for admittance. No other persons shall be allowed in such area(s) where alcoholic beverages are sold and/or consumed. 3. Mama Sushi shall comply with all State, federal, and local laws, statutes, ordinances, rules and regulations applicable to this application, including, but not limited to, the sale and consumption of alcoholic beverages. 4. Failure to comply with any of the foregoing conditions, including but not limited to the requirement that Mama Sushi obtain a Special Permit from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, renders this approval null and void. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute documents necessary to effectuate the purpose of this Resolution. Page 32 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 22-12-360 RESOLUTION APPOINTING A MEMBER TO THE PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION BOARD OF TRUSTEES WHEREAS, the Mayor appoints members to the Board with advise and consent of Council; and WHEREAS, the Mayor proposes to appoint Patricia Abril Barrales-Garcia for an unexpired term ending on April 12, 2024. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the appointment of Patricia Abril Barrales-Garcia to the Board of Trustees of the Passaic Enterprise Zone Development Corporation for a term through April 12, 2024. CITY OF PASSAIC RESOLUTION NO. 22-12-361 RESOLUTION REAPPOINTING VARIOUS MEMBERS TO THE PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION BOARD OF TRUSTEES WHEREAS, the existing terms of Passaic Enterprise Development Corporation Trustees Matthew Coppola, Renee Rioux and Kenneth Simpson expire on February 28, 2023; and, WHEREAS, the Mayor appoints members to the Board with advise and consent of Council; and, WHEREAS, the Mayor proposes to reappoint Matthew Coppola for a 3 year term. The term will commence February 28, 2023 and expire April 28, 2026; and Page 33 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Mayor proposes to reappoint Renee Rioux for a 3 year term. The term will commence February 28, 2023 and expire April 28, 2026; and WHEREAS, the Mayor proposes to reappoint Kenneth Simpson for a 3 year term. The term will commence February 28, 2023 and expire April 28, 2026. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Council consents to the reappointment of Matthew Coppola, Renee Rioux and Kenneth Simpson to the Board of Trustees of the Passaic Enterprise Zone Development Corporation. CITY OF PASSAIC RESOLUTION NO. 22-12-362 RESOLUTION REJECTING PROPOSALS FOR PARKTEL SOLAR SMART PARKING METERS OR EQUAL WHEREAS proposals were received by the Purchasing Department on Thursday, October 27, 2022, for Parktel Solar Smart Parking Meters or equal; and WHEREAS specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: Prime Vendor Onvia Premium Parking IPS Group Wilmington, FL New Orleans, LA San Diego, CA WHEREAS it is the recommendation of Doris Dudek, Director of Purchasing, that the bids for Parktel Solar Smart Parking Meters or Equal be rejected so that the specifications can be revised; and Page 34 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for Parktel Solar Smart Parking Meters or Equal; be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 22-12-363 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) TORO Z-MASTER 7500 DIESEL SERIES, (72098) FROM STORR TRACTOR COMPANY WHEREAS, the City of Passaic wishes to purchase One (1) Toro z-master 7500 diesel series, (72098) offered under the Bergen County of New Jersey Cooperative # 20-09 from Storr Tractor Company of Branchburg, NJ; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract for One (1) Toro z-master 7500 diesel series, (72098) be awarded to Storr Tractor of Branchburg, NJ in the amount of $ 45,421.33 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for One (1) Toro z- master 7500 diesel series, (72098) offered under the Bergen County of New Jersey Cooperative # 20-09 from Storr Tractor Company of Branchburg, NJ; and in the amount of $45,421.33 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. Page 35 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for the above are available in Acct. # 2-01- 28-375-000-063 CITY OF PASSAIC RESOLUTION NO. 22-12-364 RESOLUTION AUTHORIZING APPOINTMENT OF PUBLIC AGENCY COMPLIANCE OFFICER FOR THE CITY OF PASSAIC WHEREAS, N.J.A.C. 17:27-3.1 requires that each public agency designate an individual to serve as its Public Agency Compliance Officer (“P.A.C.O.”) and that person is a liaison between the Division of Local Government Services and the City of Passaic; and WHEREAS, the P.A.C.O. officer is the point of contact for all matters concerning the implementation and administration of the status concerning contracting procedures including equal employment opportunity requirements; and WHEREAS, the Council has determined that it is in the best interest of the City of Passaic that the Director of Purchasing be the person to be designated as the Public Agency Compliance Officer for the City of Passaic. WHEREAS, there shall be no compensation provided for the additional responsibilities of the City of Passaic Public Agency compliance officer. NOW, THEREFORE, BE IT RESOLVED that Doris Dudek, as the Director of Purchasing for the City of Passaic is hereby designated as the Public Agency Compliance Officer for the City of Passaic for the period January 1, 2023, through December 31, 2023. Page 36 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Public Agency Compliance Officer shall have all of the duties and authority as set forth in the statutes and regulations. BE IT FURTHER RESOLVED that the City of Passaic shall submit Doris Dudek’s name, title, address, telephone number, fax, and e-mail address to the Department of the Treasury on or before January 10th of each year, as the Public Agency Compliance Officer for Passaic. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2374-22 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 408 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 407 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: Page 37 of 46  Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 # 114 Autumn North Beginning at a point 16 HY9522 Street feet west of the westerly curbline of Lexington Avenue and extending to a point 23 feet westerly therefrom 487 Broadway South Beginning at a point 260 VBU83G feet west of the westerly curbline of Henderson Street and extending to a point 23 feet westerly therefrom 83 Lafayette South Beginning at a point 237 V27AJA Avenue feet east of the easterly curbline of High Street and extending to a point 20 feet easterly therefrom 335 Paulison West Beginning at a point 75 V53HUV Avenue feet north of the northerly curbline of Lincoln Street and extending to a point 22 feet northerly therefrom Page 38 of 46  Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 # 114 Autumn North Beginning at a point 16 X62EAE Street feet west of the westerly curbline of Lexington Avenue and extending to a point 23 feet westerly therefrom 487 Broadway South Beginning at a point 260 K65PBP feet west of the westerly curbline of Henderson Street and extending to a point 23 feet westerly therefrom 25 Linden Street West Beginning at a point 113 5808HC feet south of the southerly curbline of Howe Avenue and extending to a point 24 feet therefrom Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 10, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X Page 39 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2376-22 ORDINANCE AMENDING CHAPTER 39 “POLICE DEPARTMENT” ARTICLE VI “OFF DUTY POLICE SERVICES” SECTION 16 “PAYMENT FOR OFF-DUTY POLICE SERVICES” AND SECTION 17 “ADMINISTRATIVE SERVICES AND FEES” OF THE CITY OF PASSAIC CODE WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; WHEREAS, in order to ensure that the City is paid for off-duty police services, and that assignments to outside contractors do not conflict with the needs of the City, it is appropriate to establish hourly rates and procedures to be followed by private contractors and the City Police Department. 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 delete and replace Chapter 39 Section 16, entitled “Payment for off-duty police services”, and Chapter 39 Section 17, entitled “Administrative services and fees”, in their entirety as follows: SECTION I ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW Page 40 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ARTICLE VI OFF DUTY POLICE SERVICES § 39-16 Payment for off-duty police services. (a) An outside employer wishing to hire police officers for off-duty police work shall pay for these services directly to the City or any secondary service provider contracted by the City pursuant to Section 39-17(A), and the City or its designated secondary service provider shall issue the police officer a City check for these services for the net amount equal to the gross pay less any applicable deductions. Payment for off-duty employment shall not be part of the pension. (b) Police officers obtaining police-related off- duty employment shall be subject to all of the rules, regulations, orders and directives of the City of Passaic Police Department. The City may require that police officers wear their uniforms during off-duty employment assignments. (c) The hourly rate to be paid to police officers for off-duty police work by the City or its designated secondary service provider shall be as follows: (1) Per hour for protective services, traffic enforcement and safety for festivals, parades, carnivals, bazaars, fairs or similar events, with an initial four-hour minimum: $75. Thereafter, any fraction of the hour goes to the next hour. (2) Per hour for protective services, traffic enforcement and work zone safety, and work done on weekends and holidays, with an initial four-hour minimum: $100. Thereafter, any fraction of the hour goes to the next hour. (3) Per hour for work performed for the City of Passaic Board of Education and any and all City funded projects, with an initial two-hour minimum: $45 $55. (d) An outside employer wishing to cancel its request for off-duty police service work must do so at least one hour prior to the time such off-duty work is were scheduled to commence, or such outside employer shall be responsible for the full cost of Page 41 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the initial four-hour minimum as set forth in Subsection C herein. § 39-17 Administrative services and fees. The City shall administer the off-duty employment system. (a) In addition to the hourly rates to be paid to the police officers, the City shall be paid $10 per hour as an administrative fee for processing the payments by the contractors in order to issue additional checks to the police officers. Police vehicles will be billed at an additional charge of $10 per hour per vehicle. There shall be an account within the trust fund of the City of Passaic to be known as the "Police Vehicle Maintenance and Repair Account," which account shall be dedicated to the receipt of collected police vehicle usage fees under this section and which shall be utilized solely to fund the purchase and repair of police vehicles. (b) Payment for off-duty employment shall be made by separate check in the next pay period. If the monies are not received from the contractor, then the check shall be paid to the police officer within two weeks of the payment from the contractor. (c) The City may utilize a secondary service provider to administer and perform any actions related to the off- duty employment process including, but not limited to, scheduling officers, invoicing, and receiving escrow deposits and/or other payments. An outside employer shall be solely responsible for paying any and all fees charged by a secondary service provider contracted by the City to administer and perform any actions related to the off-duty employment process. The secondary service provider will be required to timely reimburse the City for off-duty police work consistent with the hourly rates set forth in Section 39.16(C) and the administrative fees set forth in Subsection B herein via ACH or other acceptable fund transfer method. SECTION II Page 42 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on January 10, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2375-22 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR 312-328 BROADWAY BLOCK 3272.01 LOT 11 IN THE CITY OF PASSAIC, NEW JERSEY Page 43 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 3272.01 Lot 11 more commonly known as 312-328 Broadway (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic accepted the recommendation of the City of Passaic Planning Board; and WHEREAS, the City Council for the City of Passaic adopted a Resolution designating this area as an area in need of rehabilitation; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(a) states, “No redevelopment project shall be undertaken or carried out accept in accordance with a redevelopment plan adopted by ordinance”; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(e) requires a referral of the redevelopment plan to the Planning Board for a Master Plan consistency review; and NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Council of the City of Passaic hereby accepts the attached Redevelopment Plan for first reading; and BE IT FURTHERED ORDIANED, by the City Council of the City of Passaic that the redevelopment plan is hereby Page 44 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC referred to the City of Passaic Planning Board for its recommendation in accordance with N.J.S.A. 40A:12A-7e. Council Member Garcia moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 10, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X PAYMENT OF BILLS On a motion by Council Member Melo and seconded by Council Member Garcia, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT ABSENT X X X X MAYOR’S REPORT • Mayor Lora, senior citizens and children with special needs riding in the Holiday Parade of Lights Parade visited every ward in the city. • Holiday in the Park at Third Ward memorial park was celebrated. The tree was lit, the ice skating rink was opened. • Passaic will hold its pinata drop on December 31 at 663 Main Avenue. • With additional funding, city expanded programs for children with special needs and senior citizens. Council Member Munk joined the meeting at 7:45 p.m. Page 45 of 46 Passaic City Council December 19, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Garcia and seconded by Council Member Melo the meeting was adjourned at 7:48 p.m. ROLL CALL ABSENT Love Melo Schwartz Garcia CP Schaer X ABSENT X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Acting City Clerk Council President Page 46 of 46