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City Council

Regular Meeting

Passaic, NJ · January 24, 2023

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Minutes

City of Passaic New Jersey Passaic City Council January 24, 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 24, 2023 AT 7:00 P.M. Weatherly Frias, Acting Municipal 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 JANUARY 11, 2023 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS.) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie B. Burns, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council Member Munk joined at 7:15 p.m. REV. DR. MARTIN LUTHER KING CELEBRATION DAY 2023 PRESENTATION Councilman Dr. Terrance Love moderated the MLK celebration. Evelyn T. Robinson offered libations and presented the following honorees: Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Ida Bell Wells-Barnett, an investigative journalist, educator, early leader in the civil rights movement, and one of the founders of the NAACP. • Arthur Robert Ashe Jr., professional tennis player who won three Grand Slam singles titles. • Fannie Lou Hamer, voting and women's rights activist, community organizer, and a leader in the civil rights movement. • Dr. Daniel Hale Williams, who founded the first black- owned hospital in America, and performed the world's first successful heart surgery, in 1893. Council President Schaer called for a five minute recess at 8:26 p.m. On a motion by Council Member Melo and seconded by Council Member Love the council meeting was reconvened at 8:33 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X MAYOR’S UPDATE • Mayor Lora presented the Passaic 150th anniversary calendar. MINUTES Council Meeting Minutes for July 01, 2022, October 06, 2022, and October 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 Page 2 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. Yosef Wolf, 71 Spring St • What is the cost of a new payloader? • Who writes the agenda? Evelyn T. Robinson – 222 6thSt apt 2D • She thanked the council for allowing her to participate in the MLK celebration. • She commended the council for expanding early nonpartisan voting. • The Wall Street/Passaic Street crosswalk is becoming more dangerous. • There is dangerous ATV racing on 6th street. Joe Conoscenti, 170 Broadway • Someone stole a medal of honor and he would like to see it put back up. Daniel Meyer, 17 Dakota St • He congratulated the council for having the types of problems they have compared to years ago. 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. Page 3 of 25 Passaic City Council January 24, 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 Munk stepped away from dais at 9:07 p.m. Council Member Munk took his seat on the dais at 9:08 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. 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. Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Schwartz, 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 Schwartz the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL Page 4 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2378-22 ORDINANCE AMENDING CHAPTER 295, “VEHICLES AND TRAFFIC”, ARTICLE XII “SCHEDULES” SECTION 22 “SCHEDULE III: NO STOPPING OR STANDING” 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 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 Page 5 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2379-22 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 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 Evelyn T. Robinson – 222 6thSt apt 2D • Where will the bus stop be moved? After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 6 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2380-22 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Melo moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Melo and seconded by Council Member Schwartz the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 7 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted NAACP. P.O. BOX 1321, Passaic, NJ, submitting an application to hold a Flag Raising in the City Hall Courtyard on February 04, 2023, from 10:00 a.m. to 12:00 p.m. (Contingent Upon Departmental Approvals) Rosas Sports Bar, 317 Broadway Ave, submitting application to renew their Entertainment License for the year 2023. David’s Place, 361 Monroe St, submitting application to renew their Entertainment License for the year 2023. The Roman Place, 194 B Jefferson St, submitting application to renew their Entertainment License for the year 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: • Memorandum re: Swearing in of Robert Munier to Deputy Chief of the Fire Department Passaic Valley Water Commission submitting the following : • Minutes of their November 30, 2022 meeting • Notice of their January 25, 2023 Reorganization meeting Page 8 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Whitestone Environmental and Geotechnical Engineers and Consultants, submitting the following: • Public Notification – Use of Alternative Fill Pierson Industries (North) 74 0 120 Eighth Street, Block 1024, Lot 54.01 NJ Environmental Protection, submitting the following: • Notice that the FY2023 Annual Fee Report and Assessment of Fees for the NJPDES Permit Program Paul Sakson Environmental submitting the following : • Response Action Outcome, Remedial Action Type: Unrestricted Use Scope of Remediation: Entire site Case Name: New Beginnings Daycare Address: 40-54 Passaic Ave Boswell Engineering submitted the following : • Public Participation Plan River Oil Site – 175 River Drive Block 1209, Lot 5, 19 & 21 PSE&G submitting the following: • Press release – PSE&G Helps Customers Makes the Most Out of National Cut Your Energy Costs Day ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 24, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Page 9 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 23-01-026 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY WHEREAS, on October 18, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard; and WHEREAS, a private contractor had to be hired to repair the sanitary sewer main; and 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 following contractors were contacted: Delgado Brothers General Contractors, LLC Passaic, NJ Montana Construction Lodi, NJ WHEREAS, Delgado Brothers General Contractors, LLC indicated they did not have the immediate resources to address the repair project and Montana Construction was authorized to proceed with the repair; and WHEREAS, the final cost of the repair was $50,522.17; and Page 10 of 25 Passaic City Council January 24, 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 payment to Montana Construction of Lodi, NJ be made in the amount of $50,522.17. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-ARP-020. CITY OF PASSAIC RESOLUTION NO. 23-01-027 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY WHEREAS, on October 21, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard; and WHEREAS, a private contractor had to be hired to repair the sanitary sewer main; and 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 following contractors were contacted and prices obtained: J. Fletcher Creamer and Son Inc. ($79,940.00) Hackensack, NJ Montana Construction ($73,240.00) Lodi, NJ Page 11 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Joseph M. Sanzari Inc. was unable to perform the work within the required timeframe and did not quote a price; and WHEREAS, the final cost of the repair was $42,500.00 due to a final curb-to-curb replacement not yet performed (25,000.00) and police allowance not required due to the presence of on-duty police onsite ($6,240.00); and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Montana Construction of Lodi, NJ be made in the amount of $42,500.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02-40-021- ARP-020. CITY OF PASSAIC RESOLUTION NO. 23-01-028 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY WHEREAS, on November 3, 2022 there was an emergency sanitary sewer repair on Madison Street between Hamilton Avenue and Columbia Avenue, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard; and WHEREAS, a private contractor had to be hired to repair the sanitary sewer main; and 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 Page 12 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the following contractors were contacted and prices obtained: J. Fletcher Creamer and Son Inc. ($79,940.00) Hackensack, NJ Montana Construction ($56,240.00) Lodi, NJ Joseph M. Sanzari Inc. ($62,740.00) WHEREAS, Montana Construction was the low bidder and was authorized to mobilize onsite and proceed with the sanitary sewer repair; and WHEREAS, the final cost of the repair was $45,00.00 due to a final curb-to-curb replacement not yet performed ($5,000.00) and police allowance not required due to the presence of on-duty police onsite ($6,240.00); and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Montana Construction of Lodi, NJ be made in the amount of $45,000.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02-40-021- ARP-020. CITY OF PASSAIC RESOLUTION NO. 23-01-029 RESOLUTION RESCINDING AWARD OF CONTRACT TO KOCH 33 FORD FOR THE FURNISHING AND DELIVERY OF ONE (1) NEW 2022 FORD F-150 RESPONDER WHEREAS, the City Council adopted Resolution #22-03- 071 (attached) on March 9, 2022, awarding a contract to Koch 33 Ford, Easton PA; and Page 13 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Koch 33 Ford, Easton PA has notified the City of Passaic that the 2022 Ford F-150 Police Responder is no longer being manufactured, therefore the order has been canceled; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract with Koch 33 Ford, Easton PA be rescinded in the amount of $36,209.00 for the 2022 Ford F-150 Police Responder NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for the 2022 Ford F-150 Police Responder is hereby rescinded. CITY OF PASSAIC RESOLUTION NO. 23-01-030 RESOLUTION ACCEPTING FUNDING FROM THE CITY OF PATERSON FOR THE PASSAIC MUNICIPAL ALLIANCE TO ASSIST PERSONS WITH THE HIV SPECTRUM DISEASE IN OBTAINING AND MAINTAINING STABLE HOUSING THROUGH THE HOUSING OF PEOPLE WITH AIDS (HOPWA) PROGRAM FOR THE PERIOD OF JANUARY 1, 2023 TO DECEMBER 31, 2023 IN THE AMOUNT OF $82,500.00 WHEREAS, the City of Passaic has submitted an application for funding for the 2022 HOPWA funds for the delivery of housing assistance persons living with HIV/AIDS in the City of Passaic and Passaic County and WHEREAS, the City of Passaic has been approved for funding for this program for January 1, 2023 to December 31, 2023 for the delivery of services to persons living with HIV/AIDS in the City of Passaic and Passaic County and WHEREAS, the City has been awarded funds for: 7% Administration/Program Delivery $ 5,775.00 Direct Services $76,725.00 TOTAL= $82,500.00 Page 14 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic does hereby accept grant funds in the total amount of $82,500 for the HOPWA program. BE IT FURTHER RESOLVED that the Passaic Alliance, the Mayor of the City of Passaic, and the City Clerk are hereby authorized to execute all necessary documents and to carry out the terms and provisions of this grant. CITY OF PASSAIC RESOLUTION NO. 23-01-031 RESOLUTION AUTHORIZING APPLICATION FOR THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2023 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM WHEREAS, the City of Passaic desires to apply for and obtain a grant from the New Jersey Department of Community Affairs Local Recreation Improvement Grant for approximately $100,000.00 in order to enhance the recreational opportunities for our residents by supporting the completion of the Colonel Johnson Park Improvements Project; and WHEREAS, the City of Passaic does hereby authorize the application for such a grant and recognizes and accepts that the Department may offer lesser or a greater amount upon receipt of the grant agreement from the New Jersey Department of Community Affairs; and BE IT THEREFORE RESOLVED, that the City of Passaic does further authorize the execution of any such grant agreement; and also, upon receipt of the executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Passaic and the New Jersey Department of Community Affairs; and Page 15 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below 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. 23-01-032 RESOLUTION AWARDING CONTRACT FOR RISK MANAGEMENT CONSULTANT/BROKER MEDICAL, DENTAL, VISION, AND PRESCRIPTION INSURANCE (CURRENT AND RETIREE EMPLOYEES) WHEREAS, proposals were received by the Purchasing on Thursday, October 27th, 2022 for Risk Management Consultant/Broker Medical, Dental, Vision, and Prescription Insurance (Current and Retiree Employees); and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received as per the attached vendors: WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: AMH Insurance Brokerage Bid Ocean BidNet Franklin Lakes, NJ Grand Junction, CO Latham, NY WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Risk Management Consultant/Broker Medical, Dental, Vision, and Prescription Insurance (Current and Retiree Employees) be awarded to Fairview Insurance Agency, Verona, NJ for a commission amount not to exceed 3.5% of Annual Premium Page 16 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC and/or $ 60,000.00 whichever is less, for the period January 1, 2023, through December 31, 2023. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Risk Management Consultant/Broker Medical, Dental, Vision, and Prescription Insurance (Current and Retiree Employees) be awarded to Fairview Insurance Agency, Verona, NJ for a commission amount not to exceed 3.5% of Annual Premium and/or $ 60,000.00 whichever is less, for the period January 1, 2023, through December 31, 2023. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CITY OF PASSAIC RESOLUTION NO. 23-01-033 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR MUNICIPAL COURT INTERPRETER SPANISH/ENGLISH MORNING AND AFTERNOON SESSIONS WHEREAS, on November 9, 2021, the City Council of the City of Passaic adopted Resolution #21-11-277 (attached) approving a contract with Sol’s Interpreter Services for Municipal Court Interpreter Spanish/English-Morning and Afternoon Sessions (Calendar Year January 1, 2022-December 31, 2022) in an amount not to exceed $55,500.00; and WHEREAS, it is necessary to increase the contract amount by an additional $2,400.00 for a revised total amount of $57,900.00 due to additional court sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Sol’s Interpreter Services for Municipal Court Interpreter Spanish/English-Morning and Afternoon Sessions shall be amended to increase the contract amount to $ 57,900.00. Page 17 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the contract be amended to increase the total amount of this contract per resolution. CERTIFICATION OF FUNDS Funds are available in Account #2-01-43-490-000-029. CITY OF PASSAIC RESOLUTION NO. 23-01-034 RESOLUTION AUTHORIZING A CONTRACT WITH FOLEY CAT FOR THE EMERGENCY REPAIR OF PAYLOADER #60 WHEREAS, on Tuesday, November 17, 2022 payloader # 60 became inoperable due to a pin becoming dislodged which resulted in the arms of the loader becoming bent; and WHEREAS, the repair of the loader is essential as it is a vital piece of equipment in the daily operation of Public Works, and WHEREAS, emergency contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, it is the determination of Mr. Mark Watkins, Sr., Public works, Director that the emergency repair of this piece of equipment is vital as it affects the health and safety of the community; and WHEREAS the cost of this repair is approximately $54,868.48 for this equipment; and WHEREAS, the City of Passaic has contracted with Foley Cat of Piscataway, NJ for the Emergency Repair of loader #60, in the estimated amount of $54,868.48. Page 18 of 25 Passaic City Council January 24, 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 a contract for the emergency repair of loader #60 in the estimated amount of $54,868.48 from Foley Cat of Piscataway, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #2-01-26-315- 000-050. CITY OF PASSAIC RESOLUTION NO. 23-01-035 RESOLUTION AUTHORIZING A CONTRACT WITH FOLEY CAT FOR THE EMERGENCY RENTAL OF A PAYLOADER WHEREAS, on Tuesday, November 17, 2022 payloader # 60 became inoperable due to a pin becoming dislodged which resulted in the arms of the loader becoming bent; and WHEREAS, the repair of the loader can take five to six months to repair and because it is an essential piece of equipment in the daily operation of Public Works, the City of Passaic must rent a replacement loader; and WHEREAS, emergency contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, it is the determination of Mr. Mark Watkins, Sr., Public works, Director that the loss of this piece of equipment affects the health and safety of the community; and WHEREAS the cost of the rental for this equipment is $ 8,751.34 for the first month and $ 8,311.34 every month thereafter; and WHEREAS, the City of Passaic is estimating that the rental will be for approximately five (5) months totaling the estimated amount of $41,996.70; and Page 19 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic has contracted with Foley Cat of Piscataway, NJ for the Emergency Rental of a loader, in the estimated amount of $41,996.70. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for the emergency rental of a loader for approximately five (5) months in the estimated amount of $41,996.70 from Foley Cat of Piscataway, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #2-01-26-290- 000-028. CITY OF PASSAIC RESOLUTION NO. 23-01-036 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received a duplicate tax payment from Lereta Corp. for property known as Block 1011 Lot 8, also known as 208 Fourth St., for $2,830.04; WHEREAS, the tax servicer requested a refund of the amount paid in duplicate to be issued directly back to them. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer is hereby authorized to make the following refund(s) and for the Tax Collector to adjust her records accordingly. BLOCK / LOT PROPERTY Name & Address YEAR AMOUNT 1011 / 8 208 Fourth St. Concepcion, R & J 2023 $2,830.04 Page 20 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-01-037 RESOLUTION AUTHORIZING PAYMENTS TO SETTLE CIVIL ACTIONS PAS-L-3664-16 AND PAS-L-2153-20 WHEREAS, there is a civil action against the City of PASSAIC in the Passaic County Superior Court bearing docket number PAS-L-3664-16. WHEREAS, there is also a pending civil action bearing docket number PAS-L-2153-20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic hereby authorizes payment of $50,000.00 to settle the litigation bearing docket number PAS-L-3664-16 and a payment of $50,000.00 to settle the litigation bearing docket number PAS-L-2153-20. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreement and any other documents required for same to further the purpose of this Resolution; and ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Munk left the dais at 9:30 p.m. ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2381-23 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 2173 LOTS 9, 12, 14, 19 & 26 IN THE CITY OF PASSAIC, NEW JERSEY Page 21 of 25 Passaic City Council January 24, 2023 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 2173 Lots 9, 12, 14, 19 & 26 (the “Properties”) 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 Properties 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 except 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 ORDAINED, by the City Council of the City of Passaic that the redevelopment plan is hereby referred to the City of Passaic Planning Board for its recommendation in accordance with N.J.S.A. 40A:12A-7e. . Page 22 of 25 Passaic City Council January 24, 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 February 7, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X Payment of Bills was presented out of agenda order. 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 Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2382-23 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 409 Handicapped Parking Spaces. Page 23 of 25 Passaic City Council January 24, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 278 Summer North Beginning at a point 44 D46LZZ Street feet west of the westerly curbline of Pretoria Street and extending to a point 20 feet westerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 136 Prospect North (Academy Street) F47GJM Street Beginning at a point 35 feet east of the easterly curbline of Prospect Street and extending to a point 22 feet easterly therefrom 278 Summer North Beginning at a point 44 V63RTG Street feet west of the westerly curbline of Pretoria Street and extending to a point 20 feet westerly therefrom Page 24 of 25 Passaic City Council January 24, 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 February 7, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer ABSENT X X X X X MAYOR’S REPORT • Mayor Lora highlighted that Dundee Park will receive rubberized surface and spray pad. • NAACP flag raising will take place on February 4 at City Hall. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council President Schaer the meeting was adjourned at 9:53 p.m. 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 25 of 25

Agenda

City Council Agenda: January 24, 2023 City of Passaic New Jersey CITY COUNCIL https://drive.google.com/drive/folders/1tT2W_kkD38fiGLVaZwCtdD17tLKtq8BY?usp=share_link REGULAR MEETING AGENDA January 24, 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 JANUARY 11, 2023 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 REV. DR. MARTIN LUTHER KING 1929-1968 CELEBRATION DAY 2023 PROGRAM IV. MAYOR’S UPDATE V. MINUTES: July 01, 2022, October 06, 2022, and October 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 Page 1 of 4 City Council Agenda: January 24, 2023 makes these statements will relinquish their allotted five minutes for public discussion VII. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) 1. 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. 2. 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 3. 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 4. ORDINANCE NO. 2380-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER VIII. COMMUNICATION 5. NAACP. P.O. BOX 1321, Passaic, NJ, submitting an application to hold a Flag Raising in the City Hall Courtyard on February 04, 2023, from 10:00 a.m. to 12:00 p.m. (Contingent Upon Departmental Approvals) 6. Rosas Sports Bar, 317 Broadway Ave, submitting application to renew their Entertainment License for the year 2023. 7. David’s Place, 361 Monroe St, submitting application to renew their Entertainment License for the year 2023. 8. The Roman Place, 194 B Jefferson St, 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. 9. Hon. Hector C. Lora, Mayor, submitting the following:  Memorandum re: Swearing in of Robert Munier to Deputy Chief of the Fire Department 10. Passaic Valley Water Commission submitting the following :  Minutes of their November 30, 2022 meeting  Notice of their January 25, 2023 Reorganization meeting 11. Whitestone Environmental and Geotechnical Engineers and Consultants, submitting the following:  Public Notification – Use of Alternative Fill Pierson Industries (North ) 74 0 120 Eighth Street, Block 1024, Lot 54.01 12. NJ Environmental Protection, submitting the following:  Notice that the FY2023 Annual Fee Report and Assessment of Fees for the NJPDES Permit Program 13. Paul Sakson Environmental submitting the following :  Response Action Outcome, Remedial Action Type: Unrestricted Use Scope of Remediation: Entire site Case Name: New Beginnings Daycare Address: 40- 54 Passaic Ave Page 2 of 4 City Council Agenda: January 24, 2023 14. Boswell Engineering submitted the following :  Public Participation Plan River Oil Site – 175 River Drive Block 1209, Lot 5, 19 & 21 15. PSE&G submitting the following :  Press release – PSE&G Helps Customers Makes the Most Out of National Cut Your Energy Costs Day IX. RESOLUTIONS 16. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 24, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 17. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (October 18, 2022 Montana Construction of Lodi, NJ in the amount of $50,522.17) 18. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (October 21 2022 Montana Construction of Lodi, NJ in the amount of $42,500.00) 19. RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR ON MADISON STREET BETWEEN HAMILTON AVENUE TO COLUMBIA AVENUE PASSAIC, NEW JERSEY (November 3, 2022, Montana Construction of Lodi, NJ, in the amount of $45,000.00) 20. RESOLUTION RESCINDING AWARD OF CONTRACT TO KOCH 33 FORD FOR THE FURNISHING AND DELIVERY OF ONE (1) NEW 2022 FORD F-150 RESPONDER 21. RESOLUTION ACCEPTING FUNDING FROM THE CITY OF PATERSON FOR THE PASSAIC MUNICIPAL ALLIANCE TO ASSIST PERSONS WITH THE HIV SPECTRUM DISEASE IN OBTAINING AND MAINTAINING STABLE HOUSING THROUGH THE HOUSING OF PEOPLE WITH AIDS (HOPWA) PROGRAM FOR THE PERIOD OF JANUARY 1, 2023 TO DECEMBER 31, 2023 IN THE AMOUNT OF $82,500.00 22. RESOLUTION AUTHORIZING APPLICATION FOR THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2023 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM 23. RESOLUTION AWARDING CONTRACT FOR RISK MANAGEMENT CONSULTANT/BROKER MEDICAL, DENTAL, VISION, AND PRESCRIPTION INSURANCE (CURRENT AND RETIREE EMPLOYEES) (Awarded to Fairview Insurance Agency, Verona, NJ for a commission amount not to exceed 3.5% of Annual Premium and/or $ 60,000.00 whichever is less, for the period January 1, 2023, through December 31, 2023.) 24. RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR MUNICIPAL COURT INTERPRETER SPANISH/ENGLISH MORNING AND AFTERNOON SESSIONS (Sol’s Interpreter Services increase the contract amount by an additional $2,400.00 for a revised total amount of $57,900.00.) 25. RESOLUTION AUTHORIZING A CONTRACT WITH FOLEY CAT FOR THE EMERGENCY REPAIR OF PAYLOADER #60 (Foley Cat of Piscataway, NJ for the Emergency Repair of loader #60, in the estimated amount of $54,868.48.) 26. RESOLUTION AUTHORIZING A CONTRACT WITH FOLEY CAT FOR THE EMERGENCY RENTAL OF A PAYLOADER (Foley Cat of Piscataway, NJ for the Emergency Rental of a loader, in the estimated amount of $41,996.70) 27. RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS (208 Fourth St., for $2,830.04) Page 3 of 4 City Council Agenda: January 24, 2023 28. RESOLUTION AUTHORIZING PAYMENTS TO SETTLE CIVIL ACTIONS PAS-L-3664- 16 AND PAS-L-2153-20 X. ORDINANCE FOR INTRODUCTION AND FIRST READING: 29. ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 2173 LOTS 9, 12, 14, 19 & 26 IN THE CITY OF PASSAIC, NEW JERSEY (813-819 Main Ave.; 821 Main Ave.;823 Main Ave.; 254 Oak St.; and 258-268 Oak St.) 30. 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 – February 07, 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 4 of 4

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