City Council

City of Passaic New Jersey Passaic City Council March 21, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND LIVE STREAM VIA ZOOM ON TUESDAY, MARCH 21, 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 MARCH 7, 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. PRESENTATION: PROCLAMATIONS FOR INTERNATIONAL WOMEN’S DAY Councilwoman Melo, on behalf of the City Council and Mayor Hector C. Lora, presented proclamations in recognition of International Women's Day for the month of March. Council Member Melo then proceeded to honor the following women from the City of Passaic: 1. Dunaina Solis 2. Isabella Agudelo 3. Dinah Leiter 4. Dr. Torise Hiller Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC These remarkable individuals were acknowledged for their outstanding contributions and achievements in their respective fields. Their dedication and positive impact on our community serve as an inspiration to us all. The council congratulates Dunaina Solis, Isabella Agudelo, Dinah Leiter, and Dr. Torise Hiller for their remarkable accomplishments. Council President Schaer called for a five minute recess at 7:47 p.m. On a motion by Council Member Schwartz and seconded by Council Member Melo the council meeting was reconvened at 7:52 p.m. 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 intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Joe Conoscenti, 170 Broadway • It is unfair for legal businesses to compete with illegal vendors on Main Avenue and other areas. • What is the status of the body shop on Main Avenue near Page 2 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the Armory? • Why are the owners at 147-149 Broadway getting away with not maintaining the property? After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2386-23 ORDINANCE AMENDING CHAPTER 189 OF THE CITY OF PASSAIC CODE TO REQUIRE THE INSPECTION OF RENTAL DWELLINGS FOR LEADBASED PAINT HAZARDS Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. 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 Page 3 of 44 Passaic City Council Minutes: March 21, 2023 Approved: 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 Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2387-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKINGFOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER 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 Joe Conoscenti, 170 Broadway • Who is responsible for investigating and verifying handicap spaces? 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 4 of 44 Passaic City Council Minutes: March 21, 2023 Approved: 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 Garcia 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. 2388-23 ORDINANCE AMENDING CHAPTER 75 “ALCOHOLIC BEVERAGES”, ARTICLE I “SALE AND DISTRIBUTION”, SECTION 21 “NUDE OR NEARLY NUDE ACTIVITY” OF THE CITY OF PASSAIC CODE Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Munk, 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. Page 5 of 44 Passaic City Council Minutes: March 21, 2023 Approved: 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 President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2389-23 ORDINANCE AMENDING CHAPTER 129 “ENTERTAINMENT” TO ADD SECTION 15 “LEWD OR IMMORAL ACTIVITY” Council Member Melo 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 Garcia the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: Page 6 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2390-23 ORDINANCE AMENDING CHAPTER 90A “BARBERSHOPS, COSMETOLOGY AND HAIRSTYLING”, ARTICLE III “MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS”, SECTION 21 “VIOLATIONS AND PENALTIES” 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 Joe Conoscenti, 170 Broadway • There is a lot of after-hours activities happening. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love 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 Schwartz and seconded by Council Member Melo the following communications and Page 7 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC petitions were received placed on file and approval granted Residents of Speer Village (Renee Griggs), 23 Aspen Place, submitting application to hold an Easter Egg Hunt, at 33- 45 Aspen Place (Backyard), on April 8, 2023 from 12:00 p.m. to 5:00 p.m. (Contingent Upon Departmental Approvals) St. Mary’s Assumption Church, 63 Monroe Street, submitting application to hold a Procession, on April 7, 2023 from 1:30 pm. To 3:00 p.m. The Procession is to commence at 63 Monroe Street travel to Monroe Street to Third Street to Mercer Street to Fourth Street to Passaic Street to Market Street ending at 63 Monroe Street. (Contingent Upon Departmental Approvals) 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 Schwartz and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: • Proclamation- National Arab American Heritage Month April 2023 • Proclamation National Poison Prevention Week / NJ Poison Control Center • Proclamation- Recognizing the Sovereignty of Ukraine and the Unbreakable spirit of the People of Ukraine • Proclamation- Welcoming New Business • Proclamations to Distinguished Leaders of Dominican Descent Page 8 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Millennium Strategies Monthly Report Passaic Municipal Court Report JS Held, submitting the following: • Response Action Outcome: Remedial Action Type/Unrestricted Use Scope of Remediation Area –Case Name Bartlo Packaging Inc., Leasehold Space Address: 61 Willet Street, Passaic, NJ South Street Apartments, LLC, Airmont, NY, submitting the following: • Copy of Application for a waterfront Development Individual Permit and Flood Hazard Area Verification (available for view in the City Clerk’s Office) Zuniga Entertainment LLC, 11 Van Winkle, Avenue, Passaic, NJ submitting the following: • Notice to property owners within 200ft of Development: 115 President Street (City of Passaic-Zoning Board Hearing) Neel Rana and Askash Rana, 106 Campbell Avenue, Clifton, NJ, submitting the following: • Notice to property owners within 200ft of Development: 290-292 Gregory Avenue, Passaic, NJ (City of Passaic - Planning Board Hearing) North Jersey Water Supply Commission, submitting the following: • Minutes of their January 25, 2023 meeting • Notice and Agenda of their February 22, 2023 meeting PSE&G, submitting the following: • Press Release: Its Consumer Protection Week- Learn the Telltale Signs of a Scam Department of Environmental Protection, submitting the following: • Correspondence re: Area of Concern: One 550 gal.#2 Heating Oil Underground Storage Tank System -37 Vreeland Avenue – No Further Action Letter and Covenant to Sue Page 9 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Permit No. 1607-22-0002.1 LUP220002, 101 7th Street, LLC Block 1030, Lot 1 • Correspondence re: Flood Hazard Area Verification Approval, File No. 1607-22-0003.1 LUP Applicant: John Lira, Block 1019.1, Lot 30.01 • Withdrawal Letter- Permit No. 1607-22-0003.1 LUP220003,192 9TH Street Passaic – NJ Block 1019.01, 30.01 • Correspondence re: Flood Hazard Area Verification Approval, File No. 1607-22-0003.1 LUP Applicant: John Lira, Block 1019.1, Lot 30.01 • Apply for a Land Use Authorization Permit –Land Use Authorization or Permit – 192 9th Street, Passaic, NJ • Suspected Hazardous Substance Discharge Notification NJDEP Case No. 23-03-01-1531-44 • Suspected Hazardous Substance Discharge Notification NJDEP Case No. 23-03-08-1613-48 Passaic Enterprise Zone Development, submitting the following: • Resolution 22-022 entitled “Resolution Establishment meeting dates for 2023 Passaic Valley Water Commission, the following: • Notice and Agenda of their February 22, 2023 Regular meeting • Notice of their March 22, 2023 Regular meeting ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X On a motion by Council Member Melo and seconded by Council Member Schwartz the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting the following: • Notice of their February 27, 2023 Regular Meeting • Notice of their March 6, 2023 Special Meeting Page 10 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X ABSTAIN X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON MARCH 21, 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 On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION#_23-02-078 RESOLUTION REJECTING PROPOSALS FOR TAX MAP MAINTENANCE SERVICES AND GEOGRAPHIC INFORMATION SYSTEMS BASE MAP SERVICES FOR THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Wednesday February 22, 2023, for Tax Map Maintenance Services and Geographic Information Systems Base Map Services; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq; and WHEREAS, proposals were received as per the attached.: Page 11 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing that the proposals received be rejected based on modifying the specifications; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposals received on Wednesday, February 22, 2023 for Tax Map Maintenance Services and Geographic Information Systems Base Map Services be rejected. BE IT FURTHER RESOLVED by the City Council of the City of Passaic that the proposals for Tax Map Maintenance Services and Geographic Information Systems be rejected. CITY OF PASSAIC RESOLUTION#_23-02-079 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE MAJOR LEAGUE BASEBALL ASSOCIATION 2023 SCOTTS COMPANY FIELD REFURBISHMENT GRANT PROGRAM WHEREAS, the City of Passaic has received notice from the Major League Baseball Association 2023 Scotts Company Field Refurbishment Grant Program; and WHEREAS, through the Field Refurbishment Grants Program, MLB.com has partnered with the Scotts Company to support renovations to youth baseball fields; and WHEREAS, the City of Passaic wishes to apply for the maximum award of $50,000 for a new pitcher’s mound, home plate, batter boxes, bases and anchors. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to apply and accept a grant award from the Major League Baseball Association for renovations to existing ballfields; and Page 12 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Passaic Recreation Department, Mayor and City Clerk are hereby authorized to take all necessary action to apply and accept the 2023 Major League Baseball Association 2023 Scotts Company Field Refurbishment Grant CITY OF PASSAIC RESOLUTION NO. 23-02-080 RESOLUTION AWARDING CONTRACT FOR DELIVERY OF CERTIFIED PLAYGROUND MULCH INFIELD CLAY AND SCREENED TOPSOIL CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Thursday, February 16, 2023, for Delivery of Certified Playground Mulch, Infield Clay, and Screened Topsoil; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the purchasing Department): and WHEREAS, it is the recommendation of Mark Watkins, Director of Public Works that the lowest responsible, responsive bidder, DTS Trucking of Hawthorne, NJ be awarded the contract for Infield Clay and Top Soil in the amount of $ 4,250.00 and Natures Choice of Hillsborough, NJ be awarded the contract for Certified Playground Mulch in the amount of $ 20,490.00. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Infield Clay and Top Soil in the amount of $ 4,250.00 and Natures Choice of Hillsborough, NJ be awarded the contract for Certified Page 13 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Playground Mulch in the amount of $ 20,490.00 for a one year period commencing on the signing of contract. 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 Parks, Acct. #3-01- 28-375-000-029. Funds for the subsequent budget are available, providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION #23-02-081 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR PHYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM WHEREAS, on October 19, 2021, The City Council of the City of Passaic adopted Resolution #21-10-256 (Attached) approving a contract with Dr. Trivedi of Flemington, NJ for Physician Services for Substance Abuse Treatment Program in an amount not to exceed $ 48,000.00; and WHEREAS, it is necessary to increase the contract amount by an additional $ 3,000.00 for a revised total amount of $51,000.00 for additional sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Dr. Trivedi, for Physician Services for Substance Abuse Treatment Program shall be amended to increase the contract amount to $51,000.00. BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this amendment on a form Page 14 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC approved by the City Attorney and that this amendment be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Account #T-03-56-330- 3SU-MAP. CITY OF PASSAIC RESOLUTION NO.23-02-082 RESOLUTION AWARDING CONTRACT FOR HOME AMERICAN RESCUE PLAN FUNDING CONSULTANT WHEREAS, proposals were received by the Director of Purchasing on Wednesday, February 23, 2023 for Home American Rescue Plan Funding Consultant; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq; and WHEREAS, proposals were received as per the attached; and WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: UHY CSA Consulting RES Advisors FPA Columbia, MD Group LLC. Paoli, PA Wall, NJ Wayne, NJ IMS Seven Outsource Onvia Monhar Construction San Diego, CA Delaware, De Seattle, NY Coffee, KY Solix, Inc. Guidehouse Visualinformedia Anser Advisory Parsippany, NJ Tysons Corner, VA Coimbatore, NJ Clinton, NJ Page 15 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Solix, Inc. Emergent Risk Parsippany, NJ Solutions Baton Rouge, LA WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Home American Rescue Act Plan Funding Consultant be awarded to RES Advisors, Paoli, PA in the amount not to exceed $50,000.00 for the period March 15, 2023 through March 14, 2024; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Home American Rescue Plan Funding Consultant be awarded to RES Advisors, Paoli, PA in the amount not to exceed $50,000.00 for the period March 15, 2023 through March 14, 2024: BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the city attorney. CERTIFICATION OF FUNDS Funds for the above are available in Home Admin. Account #H-24-47-ARP-000-813. CITY OF PASSAIC RESOLUTION #23-02-083 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR PAULISON AVENUE AND RIVER DRIVE PASSAIC, NEW JERSEY WHEREAS, on February 9, 2023, there was an emergency sanitary sewer repair at the intersection of Paulison Avenue and River Drive, Passaic, NJ; and Page 16 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it was the determination of Yasseen Saad, City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard; 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: Quote Received Actual Cost of Repair Your Way Construction $ 48,640.00 $ 50,600.00 Irvington, NJ Montana Construction Inc. $ 67,640.00 Lodi, NJ J. Fletcher Creamer & Son $81,040.00 Hackensack, NJ WHEREAS, Your Way Construction, Irvington, NJ was contracted to repair the sanitary sewer main; and WHEREAS, the final cost of the repair was $50,600.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Your Way Construction, Irvington, NJ be made in the amount of $50,600.00. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-ARP-020. Page 17 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION # 23-02-084 RESOLUTION AUTHORIZING A CHANGE ORDER TO DECREASE A CONTRACT WITH KM CONSTRUCTION FOR PULASKI PARK PARKING LOT IMPROVEMENTS WHEREAS, on October 19, 2021, the City Council of the City of Passaic adopted Resolution #21-10-255 (attached) approving a contract with KM Contraction, Irvington, NJ for Pulaski Park Parking Lot Improvements in the amount of $ 381,918.75; and; WHEREAS, a change order is necessary to decrease the contract as follows: Original Contract $ 381,918.75 Additional Work $ 25,898.04 Less Reductions -$52,089.32 $355,727.47 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 KM Construction, Irvington, NJ for Pulaski Park Parking Lot Improvements is ratified and accepted, adjusting the contract to the revised total amount of $ 355,727.47. 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. CITY OF PASSAIC RESOLUTION NO. 23-02-085 RESOLUTION ACCEPTING GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2022 RECREATIONAL Page 18 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES GRANT PROGRAM AND AUTHORIZING GRANT/LOAN AGREEMENT WHEREAS, there is a need to provide recreation and leisure services for individuals with disabilities in the City of Passaic City; WHEREAS, the Recreational Opportunities for Individuals with Disabilities (“ROID”) grant supports projects that will provide these services to people with disabilities in our community by offering the ROID Grant Program; WHEREAS, the Passaic City Department of Recreation applied to the New Jersey Department of Community Affairs (“DCA”) for an ROID grant and was awarded a grant in the amount of $20,000 (the “Grant”), subject to appropriate execution of a grant/loan agreement with DCA (the “Grant/Loan Agreement”) and the City’s compliance with the terms, conditions and requirements set forth therein; and WHEREAS, the City desires to accept the Grant and execute the Grant/Loan Agreement in a form approved by the City Attorney.j NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized (i) to enter into the Grant/Loan Agreement with DCA in a form approved by the City Attorney and (ii) accept the Grant; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Grant/Loan Agreement and any other documents required for same to further the purpose of this Resolution. Page 19 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION # 23-02-086 RESOLUTION REJECTING A PROPOSAL FOR GEESE CONTROL SERVICES FOR THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Thursday, February 23, 2023, for Geese Control Services; and WHEREAS, the proposal was solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq; and WHEREAS, the proposal was received as per the attached.: WHEREAS, the proposal received exceeds the budget appropriation for this service and it is the recommendation of Doris Dudek, Director of Purchasing that the proposal is rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal received on Thursday, February 23, 2023 for Geese Control Services be rejected and re-advertised. BE IT FURTHER RESOLVED by the City Council of the City of Passaic that the proposal for Geese Control Services be rejected. CITY OF PASSAIC RESOLUTION # _23-02-087 RESOLUTION AUTHORIZING THE EXTENSION OF CURRENT CLEANING SUPPLIES CONTRACT WHEREAS, the City of Passaic wishes to purchase Cleaning Supplies offered under the Educational Services Page 20 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Commission of New Jersey Cooperative #ESCNJ 21/22-18 from Spruce Industries of Rahway, NJ; and WHEREAS, said contract has been extended through January 21, 2024; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract for Cleaning Supplies be awarded to Spruce Industries of Rahway, NJ from January 22, 2023, through January 21, 2024, in an amount not to exceed $55,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for Cleaning Supplies offered under the Educational Services Commission of New Jersey Cooperative #ESCNJ 21/22-18 be awarded to Spruce Industries of Rahway, NJ in an amount not to exceed $55,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #3-01-26- 310-000-035. Funds for the subsequent budget year are available, providing that the budget is approved by the governing body. Page 21 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION #_23-02-088 RESOLUTION AWARDING CONTRACT FOR MAPPING, CONCEPTUAL DRAINAGE DESIGN, STORM WATER INVESTIGATION REPORT, AND COST ESTIMATE FOR HAMMOND AVENUE INVESTIGATION AND CONCEPTUAL DRAINAGE DESIGN WHEREAS, proposals were received by the Division of Purchasing on Tuesday, February 28, 2023, for Mapping, Conceptual Drainage Design, Storm Water Investigation Report, and Cost Estimate For Hammond Avenue Investigation and Conceptual Drainage Design 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 following; and NV5 $44,940.00 Neglia Engineering Lyndhurst, NJ $75,992.00 French & Parello $ 140,700.00 WHEREAS, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, the evaluation Committee reviewed the proposals received and recommends that the contract for Mapping, Conceptual Drainage Design, Storm Water Investigation Report, and Cost Estimate For Hammond Avenue Investigation and Conceptual Drainage Design be awarded to NV5 of Parsippany, NJ in an amount not to exceed $ 44,940.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Mapping, Conceptual Drainage Design, Storm Water Investigation Report, and Cost Estimate For Hammond Avenue Investigation Page 22 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC and Conceptual Drainage Design be awarded to NV5 of Parsippany, NJ in an amount not to exceed $44,940.00. 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 American Rescue Plan, Acct. #G-02-40-021-ARP-020. CITY OF PASSAIC RESOLUTION # 23-02-089 RESOLUTION AUTHORIZING A CONTRACT WITH SAL ELECTRIC, JERSEY CITY, NJ FOR ELECTRICAL WORK NEEDED TO POWER FOUR (4) SCOREBOARDS CHRISTOPHER COLUMBUS PARK, PULASKI PARK AND THIRD WARD PARK WHEREAS, the City of Passaic wishes to enter into a contract with Sal Electric of Jersey City, NJ for Electrical work needed to power Four (4) Scoreboards that the City of Passaic has purchased for Christopher Columbus Park, Pulaski Park, and Third Ward Park; and WHEREAS, these services are offered under the Bergen County Cooperative Contract #BC-22-19; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies, or equipment under the Cooperative Pricing System entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, it is the recommendation of Doris Dudek, the Director of Purchasing that the contract for this Page 23 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Electrical work offered under Bergen County Cooperative Contract #22-19 be awarded to Sal Electric as follows: Christopher Columbus Park $ 7,810.00 Pulaski Park $ 6,930.00 Third Ward Park $ 12,540.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Sal Electric of Jersey City, NJ in the amount not to exceed $ 27,280.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Community Development Block Grant, Account #B-12-46-BG0-202-878 – Park Improvements. CITY OF PASSAIC RESOLUTION # 23-02-090 RESOLUTION AUTHORIZING A CONTRACT WITH SAL ELECTRIC FOR ELECTRICAL SERVICES TIME & MATERIAL WHEREAS, the City of Passaic wishes to enter into a contract with Sal Electric of Jersey City, NJ for Electrical Services Time & Material offered under the Bergen County Cooperative Contract #BC-22-19; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under Cooperative Pricing System entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and Page 24 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Doris Dudek, the Director of Purchasing that the contract for Electrical Services Time and Material offered under Bergen County Cooperative Contract #BC-22-19 be awarded to Sal Electric as follows: Standard Hourly Premium Hourly Rates Rates Journeyman $ 94.46/hr. Journeyman $141.69/hr. Foreman 110.52$/hr. Foreman $165.78/hr. WHEREAS, the contract is for a one (1) year period from May 15, 2022 to May 14, 2023 in an amount not to exceed $75,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Sal Electric of Jersey City, NJ in the amount not to exceed $75,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Building and Grounds Contractual Account #3-01-26-310-000-029. CITY OF PASSAIC RESOLUTION #23-02-091 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a settlement judgment entered on 9/9/2022 for Block: 2154 Lot 3, also known as 25 Howe Ave., Passaic, NJ, property owners: RDM Properties, LLC. The judgment entered reduced Page 25 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the assessments on the property for tax years 2021 and the tax freeze year was applicable for tax year 2022; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for tax year 2022. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s) as provided by the judgment attached hereto and for the Tax Collector to adjust her records accordingly; BLOCK/LOT PROPERTY OWNER TAX YEAR REFUND DUE 2154/3 25 Howe Ave. RDM Properties LLC 2022 $5,161.84 CITY OF PASSAIC RESOLUTION #23-02-092 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED NORTH 13TH HOLDINGS LLC V. CITY OF PASSAIC & PASSAIC MEDICAL PLAZA LLC V. CITY OF PASSAIC WHEREAS, North 13th Holdings LLC has filed a tax appeal in Tax Court challenging the assessment of real property designated as Block 2148, Lot 8, on the official Tax Map of the City of Passaic and located at 623 Main Avenue, Passaic, New Jersey for the tax year 2019; and WHEREAS, Passaic Medical Plaza LLC has filed a tax appeal in Tax Court challenging the assessment of real property designated as Block 2148, Lot 8, on the official Tax Map of the City of Passaic and located at 623 Main Avenue, Passaic, New Jersey for the tax years 2020, 2021 and 2022; and WHEREAS, the total refund for the proposed settlement offer is $76,367.50; and Page 26 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it has been determined that the proposed settlement offer is in the best interest of the City of Passaic; and WHEREAS, the City of Passaic wishes to accept the proposed settlement offer of Counsel for the taxpayer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that City of Passaic is hereby authorized to accept the proposed settlement offer for the matters of North 13th Holdings LLC v. City of Passaic and Passaic Medical Plaza LLC v. City of Passaic. BE IT FURTHER RESOLVED that the Mayor, City Clerk and City’s Tax Appeal Attorney are hereby authorized and directed to execute any other documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION #23-02-093 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE SPORTSNET NEW YORK PLAYBALL GRANT PROGRAM WHEREAS, the City of Passaic has received notice from the SportsNet New York (SNY) Playball SNY Play Ball is accepting grant applications for the 2023 season to support youth baseball and softball leagues that serve children ages 6-14 in the New York tri-state area; and WHEREAS, the SNY Playball partnership with the New York Mets offers the following benefits to successful applicants: a $5,000 grant award, baseball/softball donations, a clinic at Citi Field, tickets to a Mets game, and special experiences; and WHEREAS, the City of Passaic recognizes the importance of promoting youth sports, healthy lifestyles, and community engagement; and Page 27 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, The City of Passaic wishes to apply for the maximum award of $5,000 to purchase new baseball equipment. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to apply and accept a grant award from the SNY Playball Grant; and BE IT FURTHER RESOLVED that the Department of Recreation and Cultural Affairs, Mayor and City Clerk are hereby authorized to take all necessary action to apply and accept the 2023 SNY Playball Grant. CITY OF PASSAIC RESOLUTION #23-02-094 RESOLUTION REJECTING PROPOSALS FOR FIREWORKS DISPLAY SHOW WHEREAS, proposals were received by the Director of Purchasing on Wednesday, March 8, 2023 for Fireworks Display Show; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, specifications were downloaded from the City of Passaic’s website by multiple vendors (full list can be obtained from the Purchasing Department): and WHEREAS, the only proposer was deemed non-responsive as they did not comply with the requirements of the mandatory forms needed to be returned and made part of the packet; and Page 28 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of the Doris Dudek, Director of Purchasing, that this proposal be rejected and re-advertised; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal for Fireworks Display Show is rejected and is to be re-advertised. CITY OF PASSAIC RESOLUTION #23-02-095 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT ADDITIONAL GRANT FUNDING FROM THE PASSAIC COUNTY YOUTH SERVICES COMMISSION FOR THE 2023 LOCAL STATION HOUSE ADJUSTMENT PROGRAM WHEREAS, on February 7, 2023, the City of Passaic adopted Resolution # 23-02-042 which authorized the application and acceptance of funding from the Local Stationhouse Adjustment Program for a maximum amount of $39,801.00; and WHEREAS, on February 24, 2023, the Passaic County Youth Services Commission notified the Passaic Police Department that additional funding was approved for the Station House Adjustment Program in amount of $1,290.00 for the calendar year of 2023; WHEREAS, the City desires to accept additional grant funding from the Passaic County Youth Services Commission for the 2023 Local Station House Adjustment Program in the amount of $1,290.00, covering the period of January 1st , 2023 through December 31st , 2023; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the Passaic County Youth Services Commission in the amount of $1,290.00; and Page 29 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute the required Contract Agreement and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION #23-02-096 RESOLUTION DESIGNATING BLOCK 4062 LOT 18, WHICH IS LOCATED AT 162-164 PRESIDENT STREET AS AN AREA IN NEED OF REHABILITATION WHEREAS, it has been determined by the Planning Board of the City of Passaic that Block #4062 Lot #18 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 March 1, 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 #4062 Lot #18. Page 30 of 44 Passaic City Council Minutes: March 21, 2023 Approved: 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. Page 31 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION #23-02-097 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 1003 LOTS 6 & 20 (113 & 99-107 FOURTH STREET) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 113 & 99-107 Fourth Street (Block 1003 Lots 6 & 20) in the City of Passaic qualify as an area in need of redevelopment/rehabilitation under the conditions for determination for redevelopment/ rehabilitation in N.J.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and WHEREAS, this designation as an area in need of redevelopment/rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/rehabilitation of the aforementioned property; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 1003 Lots 6 & 20 (113 & 99-107 Fourth Street) as an Area in Need of Redevelopment/ Rehabilitation. Page 32 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION #23-02-098 RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PASSAIC AND THE PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION FOR NPP YEAR THREE GRANT MANAGEMENT SERVICES WHEREAS, the City of Passaic has received certain funding from the State of New Jersey, Department of Community Affairs, Neighborhood Preservation Program (“NPP”); and WHEREAS, there are certain deadlines imposed on the City regarding the timing of expending the grant funds; and WHEREAS, the PEZDC has pursued various projects to assist businesses within its UEZ zone in the City of Passaic, with goals of retaining and expanding business activity, increasing employment and expanding the local tax base; and WHEREAS, the City would benefit from the participation of the PEZDC to serve as a sub-grantee that shall provide grant management services for the NPP Year Three Grant; and WHEREAS, the PEZDC served as a sub-grantee for NPP Year One and Year Two Grants, funded by the NPP in an effective manner; and WHEREAS, the NPP has agreed that the PEZDC may serve as a sub-grantee for the NPP Year Three Grant and that such would be in the best interest of the City and NPP; and Page 33 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Board of Trustees of the PEZDC adopted a resolution for the PEZDC to serve as a sub-grantee for NPP Year Three Grant at its Quarterly Meeting on March 15, 2023 meeting. NOW, THEREFORE BE IT RESOLVED, that the City Council authorizes an interlocal agreement between City of Passaic and the Passaic Enterprise Zone Development Corporation for the purposes of managing the NPP Year 3 Grant; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CITY OF PASSAIC RESOLUTION #23-02-099 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received duplicate tax payments in error from CoreLogic Servicer for Block 3242 Lot 14, also known as 84 Linden St. for the total amount of $2,747.06; WHEREAS, CoreLogic submitted a written request for a refund of the amount paid in error to be issued directly back to them. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer is hereby authorized to make the following refund(s) and for the Tax Collector to adjust her records accordingly. BLOCK/LOT PROPERTY Name & Address YEAR AMOUNT 3242/14 84 Linden St. Banks, James 2023 $2,747.06 Page 34 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION #23-02-100 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received duplicate tax payments on the following property from the previous owner’s mortgage company and the new owner’s Title Agency, in the amount of $3,484.61 intended for the 4th quarter 2022 tax payment, the property is known as: Block 1292.03 Lot 8, also known as 52 Howard Ave. WHEREAS, the Title Agency, Dynamic Title, requested the 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 YEAR AMOUNT 1292.03 / 8 52 Howard Ave. 2023 $3,484.61 CITY OF PASSAIC RESOLUTION #23-02-101 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PASSAIC AND THE COUNTY OF PASSAIC FOR CODE BLUE PROGRAM 2022-2023 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; Page 35 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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, when temperatures drop below 35 degrees Fahrenheit, and conditions pose a threat to individual who are homeless, at risk of being homeless and/or whose homes are unable to provide a heating source, the Passaic County Office of Emergency Management coordinates with municipalities within the County of Passaic (the “County”) to initiate and communicate an alert to the general public that shelter arrangements and/or warming stations are being prepared (such actions collectively, “Code Blue”); and WHEREAS, to facilitate the effective implementation of Code Blue, and to better protect at-risk residents of the County andj the City of Passaic (the “City”) the County and City wish to enter into a shared services agreement (the “Agreement”) regarding the shared responsibility and levels of participation that the County and the City have with respect to assisting individuals in need during Code Blue alerts. WHEREAS, the attached Shared Services Agreement covers the period of November 1, 2022 through June 30, 2023 in exchange for the sum of Forty-Five Thousand dollars ($45,000.00), with an option to extend the term of the Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the Agreement with the County, subject to the terms and conditions set forth therein, for the Initial Term (as defined in the Agreement) of November 1, 2022 through June 30, 2023; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreement and any other Page 36 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC documents required for same to further the purpose of this Resolution. CITY OF PASSAIC RESOLUTION #23-02-102 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION AND GRANT ACCEPTANCE FOR THE NEW JERSEY DEPARTMENT OF HIGHWAY AND TRAFFIC SAFETY DISTRACTED DRIVING CRACKDOWN U DRIVE. U TEXT.U PAY GRANT 2023 WHEREAS, the City of Passaic Police Department wishes to submit an application and accept a grant for the Distracted Driving Statewide Crackdown U Drive U Text U Pay Grant Program that is being offered through the New Jersey Department of Highway and Traffic Safety (“Program”); and WHEREAS, the purpose of the Program is to provide funding to local police departments to conduct enforcement details related to distracted driving; and WHEREAS, the maximum award is based on a $70.00 per hour rate formula allocation for a one-month project period; and WHEREAS, such grant is in the amount of $12,250.00 and covers the period of April 1st, 2023 through April 30th 2023; and WHEREAS, funding through this Program may only be applied towards reimbursement for police overtime enforcement details conducted between April 1, 2023 and April 30, 2023; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application and accept a grant Page 37 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC from the New Jersey Department of Highway and Traffic Safety Distracted Driving Crackdown U Drive U Text U Pay Grant Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Police Department are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION #23-02-103 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO APPLY AND ACCEPT AN AWARD FROM THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL OFFICE, FOR THE SAFE AND SECURE COMMUNITIES GRANT PROGRAM FY2023 WHEREAS, the City of Passaic Police Department wishes to submit and subsequently accept an application to the State of New Jersey, Department of Law and Public Safety, in the amount of $48,600.00 under the Safe and Secure Communities Grant Program, Grant No. 23-1607, with match- fringe benefits for a total project cost of $523,265.75 and; WHEREAS, through the Program, the New Jersey Department of Law and Public Safety supports municipal police departments in their efforts to add law enforcement personnel based on the needs of the community; and WHEREAS, in order to maintain eligible status, the City of Passaic must pay all fringe benefit costs associated with personnel hired, as well as costs in excess of the grant application, and agree that it will not reduce its baseline regular complement of police offices and other law enforcement personnel (as of December 31, 1993, or as reported in the 1993 UCR); and Page 38 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the allocation of funding is formula based for the Subaward Period of January 22, 2023 to January 21, 2024; and WHEREAS, the City of Passaic Police Department wishes to apply for and accept the maximum grant award being allotted through this Program. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Passaic that the City of Passaic Police Department is hereby authorized to submit an application to the New Jersey Department of Law and Public Safety, Safe and Secure Communities Grant Program subject to the terms and conditions set forth in the grant guidance attached hereto and thereafter accept all awarded funds; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Police Department are hereby authorized and directed to execute any and all documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION #23-02-104 A RESOLUTION HONORING ISRAEL TOLENTINO JR. AND KEVIN LEIVA BY DESIGNATING THE ENTRANCE DRIVEWAY TO THE EMS BUILDING LOCATED AT 54 GROVE STREET, PASSAIC, NJ WITH THE HONORARY NAME “LEIVA/TOLENTINO WAY” WHEREAS, Israel Tolentino Jr., born on September 29, 1986 in Paterson, New Jersey was a dedicated and hardworking family man, known for his service as a firefighter and Emergency Medical Technician (EMT) in the City of Passaic; and Page 39 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Israel Tolentino Jr. was hired as a firefighter by the Passaic Fire Department in December 2018, and prior to that, he had been serving the residents of the City of Passaic and surrounding communities as an EMT with St. Clare's Emergency Medical Service since 2016; and WHEREAS, Israel Tolentino Jr. had a profound presence in both the Passaic Fire Department and St. Clare's EMS, impacting many lives in the community and among his peers, before sadly contracting COVID-19 in the line of duty and passing away on March 31, 2020, at the age of 33; and WHEREAS, Kevin Leiva, born on March 27, 1996, was a loving and cherished son who found his calling as an EMT, proudly serving the City of Passaic since 2016 with MONOC and later with St. Clare's EMS; and WHEREAS, Kevin Leiva, a graduate of Manchester Regional High School in 2014 and an associate degree holder from Passaic County Community College, was known for his dedication, selflessness, and passion as an EMT, earning him a promotion to EMS Supervisor in 2020 for Saint Clare’s Passaic; and WHEREAS, Kevin Leiva was deeply committed to the well-being of his crew, especially during challenging times, and he contracted COVID-19 in the line of duty, succumbing to the virus on April 8, 2020; and WHEREAS, in honor of the selfless dedication and exceptional service of Israel Tolentino Jr. and Kevin Leiva, it is appropriate to designate the entrance driveway of the EMS Building, located at 54 Grove Street, Passaic, New Jersey, with the honorary name “Leiva/Tolentino Way” as a tribute to their unwavering commitment to their community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Passaic hereby designates the entrance driveway of the EMS Building at 54 Grove Street, Passaic, NJ, with the honorary name “Leiva/Tolentino Way” to Page 40 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC commemorate the dedicated service of Israel Tolentino Jr. and Kevin Leiva to the City of Passaic; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute any documents or instruments required to effectuate the purpose of this Resolution. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO._2391-23 ORDINANCE AMENDING CITY ORDINANCE NO. 2377-23, WHICH AUTHORIZED MUNICIPAL NON-PARTISAN EARLY VOTING IN THE CITY OF PASSAIC, TO CORRECT SCRIVENER’S ERROR CONTAINED THEREIN WHEREAS, the City of Passaic adopted Ordinance No. 2377-23 to authorize municipal non-partisan early voting pursuant to N.J.S.A. 19:15A-1 et seq.; WHEREAS, Ordinance No. 2377-23 sets forth the correct days of the month of May for the 2023 early voting period but, due to a scrivener’s error, references the year 2022 instead of 2023; and WHEREAS, pursuant to Section 4 and Section 5 of Ordinance No. 2377-23 regarding inconsistent and inoperative provisions within the Ordinance and N.J.S.A. 19:15A-1(a), which remains controlling regarding the dates of the early voting period, the Mayor and Council wish to amend Ordinance No. 2377-23 to correct the above-reference scrivener’s error. Page 41 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF PASSAIC as follows: Section 1. Section 2 (Period of Early Voting) of Ordinance No. 2377-23 is hereby amended to change “2022” wherever it appears to “2023.” Section 2. Ordinance No. 2377-23 shall remain in effect during the pendency of this amendment pursuant to Section 4 and Section 5 therein. Section 3. All Ordinances or portions of Ordinances inconsistent herewith are hereby repealed to the extent of their inconsistency only. Section 4. 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 5. 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. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 10, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X PAYMENT OF BILLS On a motion by Council Member Garcia and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 42 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC X X X X X X MAYOR’S REPORT • The mayor offered condolences to the family of Lucho Candelilio. • River Drive cleanup efforts resulted in a traffic backup in the surrounding areas. DPW has been requested to clean up the areas. • Operation Clean Sweep is in effect in Passaic. Residents are reminded to take measures to secure cardboard, bottles, etc. • The mayor met with city pharmacy owners to proactively address string of robberies in other cities in order to step up surveillance efforts in Passaic. • April 2 will be the birthday of city of Passaic. Everyone is invited to city hall to celebrate Passaic flag raising. There will be a contest for the redesign of Passaic symbol for a new flag. • Brook Avenue and Main Avenue in front of animal shelter will be transformed into 70 public parking spaces. • The holiday decorating contest winners received their prizes. • The mayor wishes residents happy holidays for Ramadan, Passover and Easter. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Melo and seconded by Council Member Garcia the meeting was adjourned at 9:42 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 43 of 44 Passaic City Council Minutes: March 21, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Acting Municipal Clerk Council President Page 44 of 44