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City Council

Regular Meeting

Passaic, NJ · January 10, 2023

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Minutes

City of Passaic New Jersey Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND LIVE STREAM VIA ZOOM ON TUESDAY, JANUARY 10, 2023 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 23, 2022 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS.) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie B. Burns, Esq., City Attorney Council Member Garcia experienced technical difficulties at 7:02 p.m. Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. MAYOR’S UPDATE • Mayor Lora wished the residents happy new year. Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • City of Passaic experienced a loss of power in large portions of the west side near Paulison Avenue and Oak. PSE&G reported that a bird flew into a transformer which resulted in loss of electricity. If residents have damaged appliances they can submit claims at the PSE&G website. • The pinata drop was a success, attended by many families and children. Mayor Lora thanked the restaurants and food trucks who participated. The festival was funded by funds raised through Passaic events and activities. Passaic is listed as one of the places to go for New Year fun activities. • In addition to $10 million for the parking deck across from City Hall, Passaic will receive an additional $4 million in federal funding for the parking deck project. The parking deck is slated to be completed by 2024. • The 3 Kings Toy drive was a success, with over 2000 toys given out. Fiesta Nightclub was among the partners participating. • Passaic’s 150 year anniversary will be celebrated in 2023, with activities scheduled. • Additional veterans’ banners have arrived in city of Passaic., will be put up on 8th avenue. • Residents who have moved away need to update their mailing address with the postmaster. • Mayor Lora met with council members on what they would like to see in 2023. Suggestions included scheduling appointments online for permits, etc. • Passaic City Hall will be closed for MLK day. Council Member Munk joined at 7:15 p.m. At the request of Council Member Love, Item #47 was taken out of order. On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION Page 2 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-001 RESOLUTION APPOINTING WEATHERLY FRIAS AS ACTING MUNICIPAL CLERK FOR THE CITY OF PASSAIC WHEREAS, the City Code of the City of Passaic, Chapter 5, “Administration of Government,” Article V, “Other Officers and Employees”, Section 34, “Office of the Clerk” establishes the Office of the Clerk and provides that the Council shall appoint a City Clerk; and WHEREAS, New Jersey Revised Statutes Title 40A “Municipalities and Counties”, Section 9-133c. “Municipal Clerk, Appointment, Duties” provides that within 90 days of the occurrence of the vacancy of the registered Municipal Clerk, the Governing Body may appoint a person who does not hold a registered Municipal Clerk certificate to serve as Acting Municipal for a period not to exceed one (1) year and commencing on the date of the vacancy; and WHEREAS, any person so appointed may, with the approval of the Director of the Division of Local Government Services, be reappointed as Acting Municipal Clerk for a maximum of two (2) subsequent on-year terms following the termination of the temporary appointment; and WHEREAS, the City Clerk for the City of Passaic retired on January 1, 2023; and WHEREAS, on July 19, 2022, the City Council adopted Resolution Number 22-07-167 RESOLUTION APPOINTING WEATHERLY FRIAS AS DEPUTY CITY CLERK FOR THE CITY OF PASSAIC; and WHEREAS, the City Council wishes to appoint Ms. Frias as “Acting Municipal Clerk”; and WHEREAS, Ms. Frias possesses all the requisite training and experience to successfully fulfill the Page 3 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC obligations and responsibilities of the Acting Municipal Clerk. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that Weatherly Frias is hereby immediately appointed Acting Municipal Clerk in accordance with all applicable ordinances and laws and shall fulfill the duties of the Acting Municipal Clerk until such time as a Municipal Clerk is appointed but for no more than three (3) consecutive years as provided by law. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X MINUTES Council Meeting Minutes for September 6, 2022 and September 20, 2022 were submitted for approval. Upon motion made by Council Member Love and seconded by Council Member Melo the aforementioned meeting minutes were approved. 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 considered bias intimidation in which any person attempts to Page 4 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. Steve Irwin, 331 Dwasaline Rd • He suggested that after construction, Dwasaline Road is too narrow to support 2 way traffic; he would like it changed to a one way street. Joseph Wolf, 71 Spring St • He thanked the mayor for being responsive on the power outage situation. • Why does the mayor feel a parking deck a priority when there are other issues like the potholes on Route 21? • He would like to see better garbage collection coordination. • What is the purpose of item agenda 42? Mary Sadrakula, 340 Dwasaline Rd • She suggested that there be no parking on Passaic section of Dwasaline Road because the road is too narrow. • She congratulated Passaic on getting state funds. Steve Siklosi – 23 Orchard St • Item #34 – what is the city purchasing? • Item #49 – no stopping or standing, is it for a certain area? • The proliferation of small school bus vans with S2 school plates are taking up parking spaces overnight - are they legally parked? • The construction of a parking deck is good not just for today but for the future. • He commended the Mayor on the ordinance regarding parking in front of homes. Joe Conoscenti, 170 Broadway • He suggested putting caps on banners that have blown off the poles. • He suggested marking car tires with chalk to measure time parked in 2-hour parking spaces. • What is the plan for property at 413 Paulison Avenue? Page 5 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Edwin Garcia, 65 Blaine St • He thanked the mayor for state assembly participation. • The City Hall website has information on all city events including offices closed on MLK day. • He thanked the council for the privilege of serving as deputy mayor. After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Schwartz the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love stepped away from dais at 8:06 p.m. Council Member Love took his seat on the dais at 8:09 p.m. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2374-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Melo the public portion of the meeting was closed. Page 6 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2375-22 RDINANCE 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 Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo , So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 7 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 2376-22 ORDINANCE ADOPTING THE REDEVELOPMENT PLAN FOR 312-328 BROADWAY (BLOCK 3272.01 LOT 11) 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 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 Joseph Wolf, 71 Spring St • He has concerns about residential development in a commercial zone. 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 Page 8 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member 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 Melo and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted Francisco Lozano, De Puebla A Veracruz, 196 Monroe St, submitting application to renew their Entertainment License for the year 2023. Club SQ, 40 3rd Street, submitting application to renew their Entertainment License for the year 2023. Alvarez V LLC t/a The Grand Saritas, 82 President St, submitting application to renew their Entertainment License for the year 2023. Scar Entertainment LLC, 2 Brighton Ave, submitting application to renew their Entertainment License for the year 2023. Factory 220, 220 Passaic St, submitting application to renew their Entertainment License for the year 2023. Lajas Civic Club, 34 Marker St, submitting application to renew their Entertainment License for the year 2023. BLP Investors t/a Bar El Anochecer, submitting application to renew their Entertainment License for the year 2023. Hamlet Ent LLC t/a Mama Sushi, submitting application to renew their Entertainment License for the year 2023. Dona Maria Restaurant, 32 Bergen St, submitting application to renew their Entertainment License for the year 2023. Page 9 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Los Arcos Mexicanos Restaurant, 305 Monroe St , submitting application to renew their Entertainment License for the year 2023. Selena Restaurant, 272 Passaic St, submitting application to renew their Entertainment License for the year 2023. AMZEP LLC t/a Grand Rodeo Night Club, 182 Third St, submitting application to renew their Entertainment License for the year 2023. (conditions as per resolution no. 13-03-066A) El Alebrije Mexican Restaurant, 570 Main Ave, submitting application to renew their Entertainment License for the year 2023. Council Member Munk left the dais at 8:06 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT 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 Melo and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting letter of appreciation to former Honorary Deputy Mayor of Cultural Affairs Julio Mora. New Jersey District Water Supply Commission, submitting the following: • Minutes of their October 26, 2022 Meeting • Notice of their December 21, 2022 Meeting • Notice of their 2023 Meeting Dates • Copy of their 2023 NJDWSC Adopted Budget Page 10 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Passaic Valley Water Commission submitting the following : • Agenda of their December 21, 2022 meeting Whitestone Environmental and Geotechnical, submitting the following: • Copy of completed and signed Soil Remedial Action Protectiveness/Biennial Certification Form (Biennial Certification) and Accompanying Remediation Cost Review and RFS/FA Form NJ Environmental Protection, submitting the following: • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-12-22-1226-46 • Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-12-15-1214-34 • 74 120 8th St (Block 1024 ; Lot 54.01) , Land Use Authorization or Permit – Application Self-Insurance Fund Commission submitting the following : • Notice of their 2023 Meeting Dates ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 10, 2023 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 Page 11 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 23-01-002 RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES WHEREAS, New Jersey property taxes are a continuous lien on the real estate. Property taxes are due in four installments during the tax year: February 1, May 1, August 1, and November 1. in accordance with N.J.S.A. 54:4-67 The governing body shall fix, by resolution, the rate of interest to be charged for the nonpayment of taxes, assessments, or other municipal liens or charges, on the date when they would become delinquent, and may also provide that no interest shall be charged if payment of any installment is made within the tenth calendar day following the date upon which the same became payable, also known as the grace period. WHEREAS, The rate so fixed shall not exceed 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00, to be calculated from the date taxes were payable, known as the Quarterly Due Date, until the date that actual payment to the tax collector is made. In accordance with N.J.S.A. 54- 4-67 any taxes, remaining unpaid after the 10th of each due date is subject to interest from the first of quarterly due date. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 54:4-67 the City of Passaic, hereby directs that the interest rate for the non-payment of taxes, assessments or other municipal liens or charges shall be fixed at 8% for the first $1,500.00 delinquent amount and at 18% for any amounts in excess of $1,500.00; provided, however, that no interest shall be charged if payment of any installment of such taxes or assessments is made within the tenth calendar day following the date upon which same became payable, also known as the grace period. Page 12 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-003 RESOLUTION AUTHORIZING ANNUAL TAX SALE WHEREAS, Chapter 99 of the Public Laws of 1997 of the State of New Jersey (P.L.1997, c.99) was enacted on May 12, 1997; and WHEREAS, P.L. 1997, c.99 permits municipalities to hold a “tax lien sale” for arrearages in real property taxes and other liens or charges, after the eleventh day of the eleventh month of the fiscal year upon passage of a Resolution Permitting the same, by the Governing Body; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, as follows: 1. In accordance with P.L. 1997, c.99 (N.J.S.A. 54:5-19) the City of Passaic, hereby directs that for unpaid real property taxes or other municipal liens or charges, or any part thereof in arrears as of the eleventh day of the eleventh month of the previous and/or current year, the Tax Collector shall, subject to the provisions of N.J.S.A. 54:5-19, enforce the lien by selling a tax sale certificate on the delinquent property taxes, pursuant to law, provided that the sale in conducted no later than December 31, of the current year for delinquencies from current and/or prior years. 2. Such sale shall include only such unpaid taxes or other municipal liens or charges as were in arrears in the prior and/or current year. Page 13 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-004 RESOLUTION AUTHORIZING CANCELLATION OF SMALL BALANCES WHEREAS, in accordance with N.J.S.A. 40A:5-171 a municipal governing body may adopt a resolution designating a municipal employee, on its behalf, to process or cancel property tax refunds under ten dollars and/or cancel any property tax delinquencies under ten dollars. WHEREAS, the enactment of P.L. 2013.c.54 has expanded the scope of this statute to encompass any delinquent charges or fees imposed by the municipality so long as the delinquency is less than ten dollars. WHEREAS, the cancellation of small balances will prevent those properties with such small delinquencies from going to tax sale and having additional interest and penalties imposed; And to further avoid any hardship that would otherwise be imposed on residents with such small delinquencies of less than ten dollars. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 40A:5-171 the Council hereby directs, that the Tax Collector is hereby authorized to process or cancel any small balances of less than ten dollars. CITY OF PASSAIC RESOLUTION NO. 23-01-005 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 11/17/2022 for Block: Page 14 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 4103.01 Lot 23, also known as 948 Main Ave., Passaic, NJ, property owners: 950 Main Ave, LLC. The judgment entered reduced the assessments on the property for tax year 2020 and 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 2020 and 2021 for the following amounts; 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 4103.01/23 948 Main Ave. 950 Main Ave, LLC 2020 $4,260.81 2021 $5,609.92 Total Refund Due: $9,870.73 CITY OF PASSAIC RESOLUTION NO. 23-01-006 RESOLUTON VOIDING CURRENT AND PRIOR YEAR TAXES DEEMED UNCOLLECTABLE ON TWO REMOVED BILLBOARDS IN 2022 WHEREAS, the City of Passaic assesses Billboards and Cell towers; and upon inspection of the below properties, the Tax Assessor concluded that the following Billboards were removed in 2022 and they should no longer be assessed for tax years 2022/2023 and it has been determined that the tax amounts attached hereto are uncollectable; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that the Tax Collector is hereby authorized to void the below listed property taxes wrongly imposed for the billboards as well as any and all interest accrued to date: Page 15 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC TAXES TO BE BLOCK/LOT PROPERTY LOCATION OWNERS CANCELLED 2022 2023 1032/8/B01 113 Passaic St. 555 Broadway Real 194.20 97.10 Estate LLC 2184/4/B01 148 Summer St. Diper Assoc. LLC 32.38 21.36 CITY OF PASSAIC RESOLUTION NO. 23-01-007 RESOLUTION DESIGNATING BLOCK 2173 LOTS 9, 12 AND 19, WHICH IS LOCATED AT 821 MAIN AVENUE, 823 MAIN AVENUE & 254 OAK STREET AS AN AREA IN NEED OF REHABILITATION WHEREAS, it has been determined by the Planning Board of the City of Passaic that Block #2173 Lots 9, 12 and 19 on the Tax Map of the City of Passaic has met the statutory criteria of an area in need of rehabilitation; and WHEREAS, a preliminary investigation in this matter has been approved by the Planning Board of the City of Passaic; and WHEREAS, the Planning Board of the City of Passaic has recommended the determination of the area in need of rehabilitation to the City Council; and WHEREAS, the Planning Board of the City of Passaic has authorized the rehabilitation plan and its adoption; and WHEREAS, the Planning Board of the City of Passaic has approved and memorialized these determinations and recommendations on January 4, 2023; and WHEREAS, it is the desire of the City Council to accept these determinations and recommendations of the Planning Board of the City of Passaic and commence with all rehabilitation efforts regarding Block #2173 Lots 9, 12 and 19. Page 16 of 50 Passaic City Council January 10, 2023 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, New Jersey that: Section 1. The delineated area on the City of Passaic Tax Map be and is hereby designated as an "Area In Need of Rehabilitation" pursuant to the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-14). Section 2. The City Clerk is hereby directed to serve within ten (10) days a copy of this Resolution upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of determination may be sent. Section 3. This Resolution shall be forwarded for approval to the Commissioner of the Department of Community Affairs for the State of New Jersey before this Resolution shall become effective. Section 4. Upon approval of the Resolution by the Commission of the Department of Community Affairs for the State of New Jersey, the City of Passaic Planning Board is hereby authorized to prepare one or more redevelopment plans indicating that the delineated area on the City of Passaic Tax Map has been declared an Area In Need of Rehabilitation pursuant to this resolution, and to make such other amendments as may be necessary and appropriate in furtherance of each redevelopment plan's goals and objectives. 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. 23-01-008 RESOLUTION REJECTING BIDS FOR REHABILITATION OF 69 JEFFERSON STREET CITY OF PASSAIC Page 17 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, on September 6, 2022, the City Council of the City of Passaic rejected Resolution # 22-09-219 (attached) Rehabilitation of 69 Jefferson Street; and WHEREAS, the project was re-bid by the Purchasing Department on Tuesday, November 22, 2022, for the Rehabilitation of 69 Jefferson Street; and WHEREAS it is the recommendation of Doris Dudek, Director of Purchasing that the bids for the Rehabilitation of 69 Jefferson Street, be rejected so that the specifications can be revised due to the bids exceeding the budget for this project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for the Rehabilitation of 69 Jefferson Street; be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 23-01-009 RESOLUTION REJECTING PROPOSALS FOR DELIVERY OF CERTIFIED PLAYGROUND MULCH INFIELD CLAY AND SCREENED TOPSOIL WHEREAS, On Tuesday, July 19, 2022, the City Council of the City of Passaic adopted Resolution #22-07-179 (attached) rejecting so that the Specifications can be revised. WHEREAS bids were received by the Purchasing Department on Thursday, September 8th, 2022, for the Delivery of Certified Playground Mulch, Infield, Clay, and Screened Topsoil; and WHEREAS specifications and plans were downloaded from the City’s website by the following, none of whom submitted bids: Page 18 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Britton Industries Monhar Construction INC Visual InfoMedia Lawrence, NJ Coffe, KY Coimbatore, NJ Bid Net Construct Connect Latham, NY Cincinnati, OH WHEREAS it is the recommendation of Doris Dudek, Purchasing Director of the City of Passaic, that the bid for Delivery of Certified Playground Mulch, Infield Clay, and Screened Topsoil be rejected so that the specifications can be revised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid for Delivery of Certified Playground Mulch, Infield Clay, and Screened Topsoil; be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 23-01-010 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2023 CHEVROLET TAHOE WHEREAS, the Passaic Police Department wishes to purchase One (1) 2023 Chevrolet Tahoe offered under Educational Services Commission of ESCNJ Co-Op #20/21-09 from Mall Chevrolet of Cherry Hill, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment Cooperative Pricing System 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, the vehicle is priced as follows: One (1) 2023 Chevrolet Tahoe $ 49,869.45 Total $ 49,869.45 Page 19 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Police Chief Luis Guzman that the contract for One (1) 2023 Chevrolet Tahoe be awarded to Mall Chevrolet of Cherry Hill, NJ under ESC of NJ in the amount of $ $ 49,869.45. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Mall Chevrolet of Cherry Hill, NJ for One (1) 2023 Chevrolet Tahoe in the amount of $ $ 49,869.45. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney CERTIFICATION OF FUNDS Funds for the above are available in Account #2-01- 25-240-SRO-051 CITY OF PASSAIC RESOLUTION NO. 23-01-011 RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH DMR ARCHITECTS LLC. FOR SPECIAL PROJECT ARCHITECT WHEREAS, on January 25, 2022, the City Council of the City of Passaic adopted Resolution #22-01-027 approving a contract with DMR Architects LLC., Hasbrouck Heights, NJ for Special Project Architect in the amount of $ 30,000.00; and WHEREAS, a change order is necessary due to the attached; and Original Contract $ 30,000.00 Additional Cost $ 11,000.00 Final Contract Price $ 41,000.00 Page 20 of 50 Passaic City Council January 10, 2023 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 change order to the contract between the City of Passaic and DMR Architects, LLC. Hasbrouck Heights, NJ for Special Project Architect is ratified and accepted, adjusting the contract to the revised total amount of $ 41,000.00. 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 Acct. # 2-01-20-165- 000-029 CITY OF PASSAIC RESOLUTION NO. 23-01-012 RESOLUTION AWARDING CONTRACT FOR LEAD ABATEMENT 152 JACKSON ST APT 1 286 MONTGOMERY ST 1ST FLOOR WHEREAS bids were received by the Director of Purchasing on Wednesday, December 28, 2022, for Lead Abatement, 152 Jackson St Apt 1 and 286 Montgomery St 1St Floor; and WHEREAS specifications and plans were downloaded from the city’s website by the following, none of whom submitted bids: ONVIA North America Procurement Inc Seattle WA Grand Junction CO AW CONTRACTING A-Arcalenz LLC Paterson NJ West Orange NJ WHEREAS it is the recommendation of Ken Pincus, Health Officer, that the bids received for Lead Abatement, Page 21 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 152 Jackson St apt 1 in the amount of $9,150.00 and 286 Montgomery St 1St Floor, in the amount of $6,900.00 be awarded to A.Paul Contracting Corp. Hillside, NJ; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for Lead Abatement, 152 Jackson St apt 1 in the amount of $9,150.00 and 286 Montgomery St 1St Floor, in the amount of $6,900.00 be awarded to A. Paul Contracting Corp., Hillside, NJ. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in the Municipal Lead Abatement Grant -Acct #G-02-40-021-MLA-020 CITY OF PASSAIC RESOLUTION NO. 23-01-013 RESOLUTION AUTHORIZING THE PURCHASE OF GOODS AND SERVICES VIA NEW JERSEY STATE CONTRACTS AND COOPERATIVE PURCHASING AGREEMENTS WHEREAS, the City of Passaic, pursuant to N.J.S.A. 40A:11-12a (Contracting unit purchases through State agency procedure) and N.J.A.C. 5:34-7.29 (c) (State of NJ Cooperative Purchasing Program) may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and WHEREAS, pursuant to N.J.A.C. 5:34-7.1 (Cooperative Purchasing), the Division of Local Government Services by approval of the application, authorizes NJ State Counties, Educational Service Commissions, and Municipalities to act Page 22 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC as lead agencies for cooperative purchasing systems which shall follow Local Public Contracts Law (N.J.S.A. 40A:11- 1); and WHEREAS, the City of Passaic will be participating as an official member in the following NJ, Division of Local Government Services approved cooperative purchasing systems; Bergen County Cooperative Purchasing; Educational Services Commission of NJ; Somerset County Cooperative Pricing System; Passaic County Cooperative Pricing System; Hunterdon County Educational Services Commission Cooperative Pricing System; Union County NJ Cooperative Pricing; and WHEREAS, under the above state conditions, no further action is required by the City of Passaic in order to utilize the contracts referenced above; and WHEREAS, any purchases that exceed the bid threshold will be presented to the Mayor and City Council for approval. NOW THEREFORE BE IT RESOLVED that the Mayor and City Council do hereby authorize the Director of Purchasing to procure goods and services via NJ State and NJ State DLGS approved cooperative pricing contracts, in an amount not to exceed the bid threshold. All purchases that exceed the bid threshold will be presented to the Mayor and City Council for approval. CITY OF PASSAIC RESOLUTION NO. 23-01-014 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY WHEREAS, on October 17, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ, where temporary Page 23 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC bypass pumping was implemented in order to prevent backup in the sanitary pipe and maintain sanitary sewer operations prior to and during repair activities. WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard, so a temporary rental of bypass equipment and mobilization of personnel was authorized. WHEREAS, Delgado Brothers Plumbing & Heating LLC, the private contractor contracted by the City to address sanitary sewer emergencies, was mobilized to establish the bypass pumping in the sanitary sewer repair. WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the final cost of the temporary bypass pumping $ 3,579.92 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating LLC, Passaic, NJ be made in the amount of $ 3,579.92. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-ARP-020. CITY OF PASSAIC RESOLUTION NO. 23-01-015 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY Page 24 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, on October 20, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ, where temporary bypass pumping was implemented in order to prevent backup in the sanitary pipe and maintain sanitary sewer operations prior to and during construction repair activities. WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard, so a temporary rental of bypass equipment and mobilization of personnel was authorized. WHEREAS, Delgado Brothers Plumbing & Heating LLC, the private contractor contracted by the City to address sanitary sewer emergencies, was mobilized to establish the bypass pumping in the sanitary sewer repair. WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the final cost of the temporary bypass pumping $ 5,552.86 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating LLC, Passaic, NJ be made in the amount of $ 5,552.86. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-ARP-020. Page 25 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-016 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY WHEREAS, on November 1, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ, where temporary bypass pumping was implemented in order to prevent backup in the sanitary pipe and maintain sanitary sewer operations prior to and during construction repair activities. WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard, so a temporary rental of bypass equipment and mobilization of personnel was authorized. WHEREAS, Delgado Brothers Plumbing & Heating LLC, the private contractor contracted by the City to address sanitary sewer emergencies, was mobilized to establish the bypass pumping in the sanitary sewer repair. WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the final cost of the temporary bypass pumping $ 12,119.92. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing & Heating LLC, Passaic, NJ be made in the amount of $ 12,119.92. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-ARP-020. Page 26 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-017 RESOLUTION CASH MANAGEMENT PLAN WHEREAS, NJ.S. 40A:5-14, Local Fiscal Affairs Law, requires that each municipality adopt a Cash Management Plan designed to assure the deposit, investment and proper disbursement of local funds; now, therefore, be it RESOLVED, that the Municipal Council of the City of Passaic does hereby adopt the following Cash Management Plan: A. DESIGNATION OF DEPOSITORIES The following institutions are designated as permissible depositories for the deposit of City funds: POPULAR BANK PNC BANK VALLEY BANK TD BANK CAPITAL ONE NORTH JERSEY FEDERAL CREDIT UNION All depositories must conform to the Governmental Unit Deposit Protection Act ("GUDPA"), and shall provide a Notification of Eligibility from the State of New Jersey, Department of Banking, on a semi-annual basis. In addition, designated depositories shall maintain maximum FDIC or FSLIC coverage of all City funds on deposit. B. DEPOSIT OF FUNDS All funds shall be deposited within forty-eight (48) hours of receipt, in accordance with NJ.S. 40A:5-15, into appropriate fund operating accounts. Interest bearing operating and capital accounts shall be regularly monitored for the availability of funds for investment. Debt Service and Trust accounts shall be maintained in accordance with Federal and State statutes regulating such funds. Payroll, Developers' Escrow deposits and other agency funds, which represent funds of individuals and other organizations held by the City, shall be deposited in regular, interest bearing checking accounts unless applicable State statutes direct otherwise. Grant funds Page 27 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC shall be deposited in accordance with regulations of the granting government or agency. C. INVESTMENT INSTRUMENTS AND PROCEDURES The City may purchase those investments permitted in NJ.S. 40A:5-15.l, which include: United States Treasury Bonds, Notes and Bills United States Government Agency and Instrumentality Obligations New Jersey Arbitrage Rebate Management Fund Savings Bank Deposits and Certificates of Deposit State of New Jersey Cash Management Fund The City may purchase other obligations approved by the Division of Investment of the Department of Treasury for investment by local units. Investments shall be limited to a maturity of not more than one year 1 unless a longer term is permitted by applicable Federal or State regulations. Allowable investments with maturities which extend beyond the end of the City's fiscal year shall be permitted. The purchase of Certificates of Deposit shall be made based on the availability of funds for investment and the analysis of projected cash flows. D. DISBURSEMENT OF FUNDS All funds shall be disbursed as authorized and directed by the Municipal Council, except that the Chief Financial Officer shall have the authority to make the following disbursements prior to receiving the approval of the Municipal Council: County Taxes Payroll Withholding Amounts Debt Service Postage Insurance Premiums Purchase of Investments Interfunds Salaries and Wages Petty Cash Reimbursements School Taxes Utility Expenses Statutory Expenses Any disbursements made prior to Municipal Council approval shall be listed and included in the Payment of Bills for the first available council meeting following said disbursement for Municipal Council approval. Page 28 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Disbursements shall be executed via electronic wire transfer of funds by the Chief Financial Officer, or designated staff member, when that method of payment will result in an operating and/or financial benefit to the City. E. PETTY CASH FUND Reimbursements for expenditures through the Petty Cash Fund shall be made within the limits approved by the Director of the Division of Local Government Services. The Petty Cash Fund shall be maintained in accordance with N.J.S. 40A:5-21. Individual reimbursements from the Petty Cash Fund shall not exceed $50 per item. The following Petty Cash Funds shall be maintained: City Clerk $300 Fire Department $250 Police Department $250 Public Works $250 F. BONDING The following officials shall be covered by surety bonds; said surety bonds to be examined by the independent auditor to insure their proper execution: Chief Financial Officer Tax Collector City Clerk Treasurer Municipal Court Staff members of the Department of Finance and Tax Collection not covered by separate surety bonds shall be covered by a Public Employee's Faithful Performance Bond. G. COMPLIANCE The Cash Management Plan of the City of Passaic shall be subject to the approval of the City's Legal Counsel, and shall be subject to the annual audit, conducted pursuant to N.J.S. 40A:5-4. As stated in N.J.S. 40A:5-l4, the official(s) charged with the custody of City funds shall deposit them as instructed by this Cash Management Plan, and shall thereafter be relieved of any liability or loss due to the insolvency or closing of any designated depository. Page 29 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC If, at any time, this Cash Management Plan conflicts with any regulation of the State of New Jersey, or any department thereof, the applicable State regulations shall apply. CITY OF PASSAIC RESOLUTION NO. 23-01-018 RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE CITY OF PASSAIC BE IT RESOLVED by the City Council of the City of Passaic that: The following bank accounts, at their respective depositories of the City of Passaic, shall be continued and shall be as follows: PNC BANK Trust Account Capital Account Dog Trust Account Primary General Election Account Sewer Capital Grants Account Claims Account VALLEY NATIONAL BANK Current Account Redemption Account EMS Billing Account Problem Solving Account Home Investment Partnership Program Account FLEX Plan D&H Alternative Solutions, Inc. – Worker’s Compensation Emergency Solutions Grant Account Municipal Court Account CAPITAL ONE Agency Account Page 30 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Current Account Community Development Block Grant Account Salary Account Tax Sale Premium Account Specialty Claims Management – Liability Utility Operations Regional Contribution Agreement – Savings Account Payroll Account Credit Card Account TD BANKNORTH Escrow Account Norwood RCA Account Recreation Officials Fee POPULAR BANK Current Account City of Passaic Grant Fund City of Passaic Claims Fund NORTH JERSEY FEDERAL CREDIT UNION CITY OF PASSAIC RESOLUTION NO. 23-01-019 RESOLUTION AWARDING CONTRACT FOR MEMORIAL PARK BENSON AVENUE PARKING LOT, TENNIS COURTS SURFACE AND BASEBALL FIELD DRAINAGE IMPROVEMENTS WHEREAS, bids were received by the Purchasing Department on Tuesday, November 22, 2022, for Memorial Park Benson Avenue Parking Lot, Tennis Courts Drainage and Baseball Field Improvements, City of Passaic; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, bids were downloaded from the City of Passaic’s website, none of whom submitted bids: Delgado Brothers General Contractor CIS Passaic NJ Kinnelon NJ Page 31 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Messercola Excavating Co Inc Arora and Associates PC Plainfield NJ Lawrenceville NJ Marini Brothers Applied Landscape Technologies Hackensack NJ Montville NJ WHEREAS, it is the recommendation of Dresdner Robin, Land Surveyor Fairfield, NJ that the contract for Memorial Park Benson Avenue Parking Lot, Tennis Courts Drainage, and Baseball Field Improvements be awarded to Green Valley Group Inc, Nanuet NY in a total amount of $789.293.00 inclusive of Alternate A (Tennis Court Surface Improvements) Alternate B (Baseball Field Improvements) and Alternate C (Security Camera System). NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Memorial Park Benson Avenue Parking Lot, Tennis Courts Drainage, and Baseball Field Improvements be awarded to Green Valley Group Inc, Nanuet NY in a total amount of $789.293.00 inclusive of Alternate A (Tennis Court Surface Improvements) Alternate B (Baseball Field Improvements) and Alternate C (Security Camera System). BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct. # G-02-40-022- GA1-020 CITY OF PASSAIC RESOLUTION NO. 23-01-020 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT BY AND BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PASSAIC AND THE CITY OF PASSAIC Page 32 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, pursuant to the New Jersey Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq. (hereinafter referred to as the “Act”), a local unit may enter into an Agreement for shared services with another local unit to provide and/or receive any service that the units participating in the Agreement are empowered to provide and/or receive within their own jurisdiction; WHEREAS, the Agreement for shared services must comply with the requirements of N.J.S.A. 40A:65-7 and specify the services to be performed under the Agreement, the procedures for payment of said services and the assignment and allocation of responsibilities for meeting the standards between and among the parties for said services; WHEREAS, Pamela Mitchell, the Executive Director of the Housing Authority of the City of Passaic (the “Authority”) is leaving the service of the Authority, effective December 31, 2022, heading towards an imminent retirement; WHEREAS, the Authority desires to contract with the City of Passaic (the “City”) for the provision of Interim Executive Director j services to be performed by an employee of the City while the Authority conducts a search for a new Executive Director; and WHEREAS, the City desires to provide said services to the Authority and has offered the services of its Director of Community Development, Ronald Van Rensalier, to be the Authority’s Interim Executive Director, while the Authority conducts a search for a new Executive Director. 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 Services Agreement (the “Agreement”) with the Housing Authority of the City of Passaic, subject to the terms and conditions set forth therein; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreement and any other Page 33 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC documents required for same to further the purpose of this Resolution; and CITY OF PASSAIC RESOLUTION NO. 23-01-021 RESOLUTION AUTHORIZING THE FILING OF A TERMINATION OF CERTAIN RESTRICTIONS AFFECTING DEED FOR THE PROPERTY LOCATED AT 522 PAULISON AVENUE, PASSAIC, NEW JERSEY 07055 AND IDENTIFIED ON THE TAX ASSESSMENT MAP FOR THE CITY OF PASSAIC AS LOT 32 IN BLOCK 2196.01. WHEREAS, on or about June 24, 1957, the City of Passaic (hereinafter, the “City”) conveyed the property located at 522 Paulison Avenue, Passaic, New Jersey 07055, which is identified on the Tax Assessment Map for the City as lot 32 in block 2196.01 (the “Property”), to Passaic Chapter #1, Disabled American Veterans, a nationally chartered organization (“DAV Chapter #1”); WHEREAS, the City conveyed the Property to the DAV Chapter #1 by way of deed (the “Deed”) with certain restrictions which required the Property to revert back to the City’s ownership in the event that the Property is no longer used by the DAV Chapter #1 for its authorized purposes or at any time that the Property is used for commercial business, trade or manufacture (the “Encumbrance”); WHEREAS, the Deed was recorded on July 2, 1957 in Deed Book F 68, page 431 and the DAV has held title subject to and occupied the Property in accordance with the Deed and Encumbrance since June 24, 1957; WHEREAS, the DAV Chapter #1 is desirous of exploring options of use, partnership, or restructuring or conveyance which may conflict with the Encumbrance, which has been in place since 1957, and has requested that the City terminate the Encumbrance from the Deed and the Property; Page 34 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the DAV Chapter #1 is concerned that the Encumbrance impedes upon the free and open negotiation and marketability of the Property; WHEREAS, the City has not taken action to enforce its reversionary interest in the Property, as permitted by the Encumbrance, since it was recorded on the Deed to the Property with the Passaic County Clerk’s Office in 1957; WHEREAS, the present physical condition of the Property has been independently determined to not be conducive to enforcing any reversionary interest that the City may possess; WHEREAS, the DAV Chapter #1 has been unilaterally operating the Property since 1957, which unilateral use gives rise to potential concerns for liability which may have, or may yet become, attached to, or otherwise impacted by, the City’s reversionary interest therein and, as a result, Christopher M. Rodriguez, Esq., of R&R Legal Advisors LLC, recommends that a release from any such liability accompany the execution and recording of any such final Termination of Deed Restriction which purports to remove the Encumbrance from the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, after due consideration at a meeting duly called, that the City of Passaic is hereby authorized to execute a Termination of Deed Restrictions affecting the Property and any other documents required for same to further the purpose of this Resolution; and BE IT FURTHER RESOLVED that the City Council for the City of Passaic hereby further affirms the recommendation of Christopher M. Rodriguez, Esq., of R&R Legal Advisors LLC, and requires that the City of Passaic obtain a release from any liability associated with the Property from the DAV Chapter #1, and that such release also contain an indemnity by the DAV Chapter #1 in favor of the City of Passaic shielding it from any liability associated with the Property, including, but not limited to, liability derived from the Property’s operation, maintenance, sale, Page 35 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC use, renovation, modification, or any condition which may now or hereinafter be discovered at the Property. CITY OF PASSAIC RESOLUTION NO. 23-01-022 RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2023 WHEREAS, NJSA 40A:4-19 of the Local Budget Act provides that the Temporary appropriations should be made prior to the adoption of the CY2023 current operating budget as well as Sewer Utility budget, for the purpose and the amounts required, and WHEREAS, the date of this resolution is within the first 30 days of the fiscal year, and WHEREAS, the total appropriations in the CY2022 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $97,916,324.00, and Sewer utility budget is the sum of $6,984,286. 0 0 and WHEREAS, 26.25% of the total appropriation in the CY2022 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $25,703,035.00, and $1,833,375.00, and NOW,THEREFORE BE IT RESOLVED by the governing body of City of Passaic, County of Passaic, State of New Jersey, that the following temporary appropriations be made; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer of the City of Passaic, Passaic County, New Jersey. Page 36 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-023 RESOLUTION APPOINTING HONORARY DEPUTY MAYOR OF VETERAN'S AFFAIRS WHEREAS, the Mayor of the City of Passaic wishes to appoint Minnie Hiller-Cousins as Honorary Deputy Mayor of Veteran's Affairs for the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Veteran's Affairs would be authorized to assist the Mayor by attending meetings as the Mayor's designee or representative and to perform such other functions as may be directed by the Mayor with respect to Veteran's Affairs, but shall possess no official authority on behalf of the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Veteran's Affairs would be appointed by and serve at the pleasure of the Mayor; and WHEREAS, the Honorary Deputy Mayor of Veteran’s Affairs would serve without compensation. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that Minnie Hiller-Cousins is hereby appointed Honorary Deputy Mayor of Veteran's Affairs for the City of Passaic subject to the terms and conditions set forth herein for the term of January 1, 2023 through December 31, 2023. Page 37 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-024 RESOLUTION APPOINTING HONORARY DEPUTY MAYOR OF CITIZEN ENGAGEMENT, INFORMATION TECHNOLOGY & COMMUNICATIONS WHEREAS, the Mayor of the City of Passaic wishes to appoint Edwin Garcia as Honorary Deputy Mayor of Citizen Engagement, Information Technology and Communications for the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Citizen Engagement would be authorized to assist the Mayor by attending meetings as the Mayor’s designee or representative and to perform such other functions as may be directed by the Mayor related to increasing civic engagement and participation within the City of Passaic, including but not limited to the use of technology, but shall possess no official authority on behalf of the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Citizen Engagement, Information Technology and Communications would be appointed by and serve at the pleasure of the Mayor; and WHEREAS, the Honorary Deputy Mayor of Citizen Engagement, Information Technology and Communications shall serve without any compensation. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that Edwin Garcia is hereby appointed Honorary Deputy Mayor of Citizen Engagement, Information Technology and Communications for the City of Passaic subject to the terms and conditions set forth herein for the term of January 1, 2023 through December 31, 2023. Page 38 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-025 RESOLUTION APPOINTING MIGUELIN DURAN AS HONORARY DEPUTY MAYOR OF ADULT SPORT AND RECREATION ACTIVITIES WHEREAS, the Mayor of the City of Passaic wishes to appoint Jean Miguel Duran as Honorary Deputy Mayor of Adult Sport and Recreation Activities for the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Adult Sport and Recreation Activities would be authorized to assist the Mayor by attending meetings as the Mayor’s designee or representative and to perform such other functions as may be directed by the Mayor related to the support and representation of the adult sport and recreation activities within the City of Passaic, including but not limited to the planning, organization, coordination, and execution of adult sport and recreation programs and activities, but shall possess no official authority on behalf of the City of Passaic; and WHEREAS, the Honorary Deputy Mayor of Adult Sport and Recreation Activities would be appointed by and serve at the pleasure of the Mayor; and WHEREAS, the Honorary Deputy Mayor of Adult Sport and Recreation Activities shall serve without any compensation. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that Jean Miguel Duran is hereby appointed Honorary Deputy Mayor of Adult Sport and Recreation Activities for the City of Passaic subject to the terms and conditions set forth herein for the term of January 2, 2023 through December 31, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Page 39 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2377-23 ORDINANCE AUTHORIZING MUNICIPAL NON-PARTISAN EARLY VOTING IN THE CITY OF PASSAIC, AS AUTHORIZED BY N.J.S.A. 19:LSA-1 ET SEQ. WHEREAS, the City of Passaic is scheduled to hold a Regular Nonpartisan Municipal Election on May 9, 2023 in accordance with the provisions of the "Uniform Nonpartisan Elections Law"; and WHEREAS, the Early Voting Act, effective March 30, 2021 and codified in pertinent part at N.J.S.A. 19:15A-l, provides that any municipality conducting such a municipal election pursuant to the provisions of the Uniform Nonpartisan Elections Law, may, by Ordinance adopted by the governing body, authorize an early voting period for the regular municipal election, in accordance with the provisions of the Early Voting Act; and WHEREAS, the Early Voting Act provides that the early voting period for a regular municipal election shall start on the 4th calendar day before the regular municipal election and end on the 2nd calendar day before the regular municipal election; and WHEREAS, the Early Voting Act further provides that the voting process during the early voting period shall be conducted using electronic poll books and optical scan voting machines that read hand marked paper ballots or other voting machines that produce a voter verifiable paper ballot; and WHEREAS, the Early Voting Act is formally incorporated into the Uniform Nonpartisan Elections Law by N.J.S.A. 40:45-7; and Page 40 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Mayor and Council of the City of Passaic seek to authorize an early voting period for the upcoming regular municipal election scheduled to take place May 9, 2023, in accordance with and pursuant to the provisions of the said Early Voting Act. NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF PASSAIC as follows: Section 1. Early Voting Established. the City of Passaic chooses to participate in, and hereby authorizes, Early Voting in accordance with and pursuant to the provisions of the Early Voting Act, N.J.S.A. 19:15A-l et seq., for the Regular Municipal Election to be held May 9, 2023, Section 2. Period of Early Voting. The Early Voting Period for the Regular Municipal Election shall begin on the 4th calendar day before the said Regular Municipal Election, which in 2023 corresponds to May 5, 2022, and shall end on the 2nd calendar day before the said Regular Municipal Election, which in 2022 corresponds to Sunday, May 7, 2022. Section 3. Subsequent Municipal Elections. If and only if the continuation of such procedures shall be authorized by State Law, including but not limited to N.J.S.A. 19:15A- 1, N.J.S.A. 19:1SA-8, and any successor statutes or regulations, then such procedures shall continue to be applied in subsequent Nonpartisan Municipal Elections in the City of Passaic, in the manner and duration that may be authorized by State Law. Section 4. All Ordinances or portions of Ordinances inconsistent herewith are hereby repealed to the extent of their inconsistency only. Section 5. If any part of this Ordinance shall be declared invalid or inoperative, such part shall be deemed severable, and its invalidity shall not affect this Ordinance's remaining parts. Section 6. This Ordinance shall take effect upon passage, approval and publication as required by law, and as may be modified by any duly adopted Resolution to Accelerate Effect. Page 41 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 24, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2378-23 ORDINANCE AMENDING CHAPTER 295, “VEHICLES AND TRAFFIC”, ARTICLE XII “SCHEDULES” SECTION 22 “SCHEDULE III :NO STOPPING OR STANDING” OF THE CITY OF PASSAIC CODE WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295-22, “Vehicles and Traffic,” Article XII “Schedule III “No Stopping or Standing”, fire lanes shall be designated as follows for the efficient and effective use of fire apparatus, access for firefighting and/or the egress of occupants; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII SCHEDULE III, 295-22 “NO STOPPING OR STANDING”, shall be amended to add the following Page 42 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION I 295-22 SCHEDULE III: NO STOPPING OR STANDING shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION Schneider Place Both Beginning at the northerly curbing of President Street and extending 300 feet northerly therefrom SECTION II If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schwartz the public hearing be held on January 24, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Page 43 of 50 Passaic City Council January 10, 2023 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. 2379-23 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XVI, “BUS STOPS,” SECTION 38 “LOCATIONS” TO DELETE AND RELOCATE BUS STOPS ON DAYTON AVENUE WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XVI, “Bus Stops,” Section 38, “Locations,” designates certain areas within the City of Passaic as bus stops and provides that and no person shall park a vehicle at any time at such locations; and WHEREAS, New Jersey Transit has requested that the City of Passaic delete one (1) and relocate three (3) bus stops on Dayton Avenue; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” is hereby amended as follows: SECTION I Chapter 295. Vehicles and Traffic Article XVI. Bus Stops 295-38. Bus Stops Locations Designated shall be amended to delete the following: Page 44 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC No person shall park a vehicle at any time at the following locations, which are hereby designated as bus stops: NAME OF STREET SIDE AT INTERSECTION WITH Dayton Avenue East President Street (far side), beginning at the northerly curbline of President Street and extending 100 feet northerly therefrom Dayton Avenue East Between President Street and Mattimore Street (midblock, adjacent to driveway), beginning at a point 650 feet south from President Street and extending 100 feet southerly therefrom Dayton Avenue West President Street (far side), beginning at the southerly curbline of President Street and extending 100 feet northerly therefrom Dayton Avenue West Between President Street and Mattimore Street (midblock, adjacent to driveway), beginning at a point 560 feet south from President Street and extending 100 feet southerly therefrom SECTION II Chapter 295. Vehicles and Traffic Article XVI. Bus Stops 295-38. Bus Stops Locations Designated shall be amended to add the following: No person shall park a vehicle at any time at the following locations, which are hereby designated as bus stops: NAME OF STREET SIDE AT INTERSECTION WITH Dayton Avenue East President Street (near side), beginning at the southerly curbline of President Page 45 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Street and extending 105 feet southerly therefrom Dayton Avenue West President Street (far side), beginning at the southerly curbline of President Street and extending 100 feet southerly therefrom Dayton Avenue West Between President Street and Mattimore Street (midblock, adjacent to driveway), beginning at a point 572 feet south from President Street and extending 135 feet southerly therefrom SECTION III If any section of provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION IV The Mayor and Council of the City of Passaic will enforce the needed traffic regulations governing the aforementioned bus stop locations and provide the necessary police security to ensure the safety of the traveling public. SECTION V All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION VI This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 24, 2023. Page 46 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2380-23 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 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: DELETION: NAME OF STREET SIDE LOCATION PLATE # 383 Harrison South Beginning at a point 125 M64PEH Street feet east of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom Page 47 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 283 Madison Street South Beginning at a point 149 F55KSA feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 8 Third Street North Beginning at a point 84 RKT81L feet of the northerly curbline of South Street and extending 22 feet north therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 383 Harrison South Beginning at a point 125 P24RJZ Street feet east of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom 283 Madison South Beginning at a point 149 K42RBM Street feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 8 Third Street North Beginning at a point 84 N80PEC feet north of the northerly curbline of South Street and extending to a point 22 feet northerly therefrom Page 48 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on January 24, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X MAYOR’S REPORT • Mayor Lora thanked Deputy Mayor Julio Mora for his service. • He congratulated Deputy Mayors Minnie Hiller-Cousins, Edwin Garcia, and Jean Miguel Duran on their appointments. • Passaic is aware of illegal activities in the city and has shut them down numerous times. More restrictive ordinances have been passed, and Passaic has coordinated with county, police, prosecutor, attorney general. Going forward, property owners will be fined. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Melo the meeting was adjourned at 9:04 p.m. Page 49 of 50 Passaic City Council January 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Acting Municipal Clerk Council President Page 50 of 50

Agenda

City Council Agenda: January 10, 2023 City of Passaic New Jersey CITY COUNCIL https://drive.google.com/drive/folders/1xVw0sdlc0MiLLN5T9vxGfhz-Q7HZ3OMW?usp=share_link REGULAR MEETING AGENDA January 10, 2023 7:00 P.M. 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 23, 2022 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS.) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MAYOR’S UPDATE V. MINUTES: September 6, 2022, September 20, 2022 City Council Meetings. VI. HEARING OF CITIZENS 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 act participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion Page 1 of 5 City Council Agenda: January 10, 2023 VII. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) 1. ORDINANCE NO. 2374-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER 2. ORDINANCE NO. 2375-22 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 3. ORDINANCE NO. 2376-22 ORDINANCE ADOPTING THE REDEVELOPMENT PLAN FOR 312-328 BROADWAY (BLOCK 3272.01 LOT 11) IN THE CITY OF PASSAIC, NEW JERSEY VIII. COMMUNICATION 4. Francisco Lozano, De Puebla A Veracruz, 196 Monroe St, submitting application to renew their Entertainment License for the year 2023. 5. Club SQ, 40 3rd Street, submitting application to renew their Entertainment License for the year 2023. 6. Alvarez V LLC t/a The Grand Saritas, 82 President St, submitting application to renew their Entertainment License for the year 2023. 7. Scar Entertainment LLC, 2 Brighton Ave, submitting application to renew their Entertainment License for the year 2023. 8. Factory 220, 220 Passaic St, submitting application to renew their Entertainment License for the year 2023. 9. Lajas Civic Club, 34 Marker St, submitting application to renew their Entertainment License for the year 2023. 10. BLP Investors t/a Bar El Anochecer, submitting application to renew their Entertainment License for the year 2023. 11. Hamlet Ent LLC t/a Mama Sushi, submitting application to renew their Entertainment License for the year 2023. 12. Dona Maria Restaurant, 32 Bergen St, submitting application to renew their Entertainment License for the year 2023. 13. Los Arcos Mexicanos Restaurant, 305 Monroe St , submitting application to renew their Entertainment License for the year 2023. 14. Selena Restaurant, 272 Passaic St, submitting application to renew their Entertainment License for the year 2023. 15. AMZEP LLC t/a Grand Rodeo Night Club, 182 Third St, submitting application to renew their Entertainment License for the year 2023. (conditions as per resolution no. 13-03-066A) 16. El Alebrije Mexican Restaurant, 570 Main Ave, submitting application to renew their Entertainment License for the year 2023. 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. Page 2 of 5 City Council Agenda: January 10, 2023 16a. Hon. Hector C. Lora, Mayor, submitting letter of appreciation to former Honorary Deputy Mayor of Cultural Affairs Julio Mora. 17. New Jersey District Water Supply Commission, submitting the following:  Minutes of their October 26, 2022 Meeting  Notice of their December 21, 2022 Meeting  Notice of their 2023 Meeting Dates  Copy of their 2023 NJDWSC Adopted Budget 18. Passaic Valley Water Commission submitting the following :  Agenda of their December 21, 2022 meeting 19. Whitestone Environmental and Geotechnical, submitting the following:  Copy of completed and signed Soil Remedial Action Protectiveness/Biennial Certification Form (Biennial Certification) and Accompanying Remediation Cost Review and RFS/FA Form 20. NJ Environmental Protection, submitting the following:  Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-12-22-1226-46  Suspected Hazardous Substance Discharge Notification NJDEP Case number: 22-12-15-1214-34  74 120 8TH St (Block 1024 ; Lot 54.01) , Land Use Authorization or Permit – Application 21. Self-Insurance Fund Commission submitting the following :  Notice of their 2023 Meeting Dates IX. RESOLUTIONS 22. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 10, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 23. RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES 24. RESOLUTION AUTHORIZING ANNUAL TAX SALE 25. RESOLUTION AUTHORIZING CANCELLATION OF SMALL BALANCES 26. RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT (948 Main Avenue – amount $9870.73) 27. RESOLUTON VOIDING CURRENT AND PRIOR YEAR TAXES DEEMED UNCOLLECTABLE ON TWO REMOVED BILLBOARDS IN 2022 28. RESOLUTION DESIGNATING BLOCK 2173 LOTS 9, 12 AND 19, WHICH IS LOCATED AT 821 MAIN AVENUE, 823 MAIN AVENUE & 254 OAK STREET AS AN AREA IN NEED OF REHABILITATION 29. RESOLUTION REJECTING BIDS FOR REHABILITATION OF 69 JEFFERSON STREET CITY OF PASSAIC 30. RESOLUTION REJECTING PROPOSALS FOR DELIVERY OF CERTIFIED PLAYGROUND MULCH INFIELD CLAY AND SCREENED TOPSOIL 31. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2023 CHEVROLET TAHOE (Awarded to Mall Chevrolet of Cherry Hill, NJ under ESC of NJ in the amount of $ $ 49,869.45.) 32. RESOLUTION AUTHORIZING A CHANGE ORDER TO A CONTRACT WITH Page 3 of 5 City Council Agenda: January 10, 2023 DMR ARCHITECTS LLC. FOR SPECIAL PROJECT ARCHITECT (Additional Cost $ 11,000.00 for a revised total amount of $ 41,000.00 33. RESOLUTION AWARDING CONTRACT FOR LEAD ABATEMENT 152 JACKSON ST APT 1 286 MONTGOMERY ST 1ST FLOOR (Awarded to A. Paul Contracting, Hillside, NJ in an amount of $9,150.00 for 152 Jackson St Apt 1 and $6,900.00 for 286 Montgomery St 1St Floor) 34. RESOLUTION AUTHORIZING THE PURCHASE OF GOODS AND SERVICES VIA NEW JERSEY STATE CONTRACTS AND COOPERATIVE PURCHASING AGREEMENTS 35. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (Delgado Brothers Plumbing & Heating LLC in the amount of $3,579.92) 36. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (Delgado Brothers Plumbing & Heating LLC in the amount of $5,552.86) 37. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER – BYPASS PUMPING ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (Delgado Brothers Plumbing & Heating LLC in the amount of $12,119.92) 38. RESOLUTION CASH MANAGEMENT PLAN 39. RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE CITY OF PASSAIC 40. RESOLUTION AWARDING CONTRACT FOR MEMORIAL PARK BENSON AVENUE PARKING LOT,TENNIS COURTS SURFACE AND BASEBALL FIELD DRAINAGE IMPROVEMENTS 41. RESOLUTION AUTHORIZING A SHARED SERVICE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF PASSAIC AND THE CITY OF PASSAIC (FOR THE PROVISION OF INTERIM EXECUTIVE DIRECTOR SERVICE) 42. RESOLUTION AUTHORIZING THE FILING OF A TERMINATION OF CERTAIN RESTRICTIONS AFFECTING DEED FOR THE PROPERTY LOCATED AT 522 PAULISON AVENUE, PASSAIC, NEW JERSEY 07055 AND IDENTIFIED ON THE TAX ASSESSMENT MAP FOR THE CITY OF PASSAIC AS LOT 32 IN BLOCK 2196.01. 43. RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2023 44. RESOLUTION APPOINTING HONORARY DEPUTY MAYOR OF VETERAN'S AFFAIRS 45. RESOLUTION APPOINTING HONORARY DEPUTY MAYOR OF CITIZEN ENGAGEMENT, INFORMATION TECHNOLOGY & COMMUNICATIONS 46. RESOLUTION APPOINTING MIGUELIN DURAN AS HONORARY DEPUTY MAYOR OF ADULT SPORT AND RECREATION ACTIVITIES 47. RESOLUTION APPOINTING WEATHERLY FRIAS AS ACTING MUNICIPAL CLERK FOR THE CITY OF PASSAIC X. ORDINANCE FOR INTRODUCTION AND FIRST READING: 48. ORDINANCE AUTHORIZING MUNICIPAL NON-PARTISAN EARLY VOTING IN THE CITY OF PASSAIC, AS AUTHORIZED BY N.J.S.A. 19:LSA-1 ET SEQ. 49. ORDINANCE AMENDING CHAPTER 295, “VEHICLES AND TRAFFIC”, Page 4 of 5 City Council Agenda: January 10, 2023 ARTICLE XII “SCHEDULES” SECTION 22 “SCHEDULE III :NO STOPPING OR STANDING” OF THE CITY OF PASSAIC CODE 50. ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XVI, “BUS STOPS,” SECTION 38 “LOCATIONS” TO DELETE AND RELOCATE BUS STOPS ON DAYTON AVENUE 51. ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER XI. PAYMENT OF BILLS XII. ADMINISTRATOR’S REPORT XIII. MAYOR’S REPORT XIV. ADJOURNMENT (Next meeting of the City Council – January 24, 2023, at 7:00 PM) JOIN MEETING LINK: https://us02web.zoom.us/j/89892612341 MEMBERS OF THE PUBLIC, WHO WOULD LIKE TO PARTICIPATE DURING THE PUBLIC PORTION FOR PUBLIC COMMENT, CAN CALL-IN AT 929 436 2866 US (New York) AND ENTER THE MEETING ID # 898 9261 2341 For residents dialing in please be advised to Press *6 to mute or unmute your phone Press *9 to raise your hand and indicate you would like to speak Page 5 of 5

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