City Council

City of Passaic New Jersey Passaic City Council April 10, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON MONDAY, APRIL 10, 2023 AT 7:00 P.M. WEATHERLY FRIAS, ACTING MUNICIPAL CLERK, READ THE FOLLOWING NOTICE INTO RECORD: GOOD EVENING, ON BEHALF OF THE GOVERNING BODY OF THE CITY OF PASSAIC WE WELCOME YOU TO THE APRIL 10, 2023 CITY COUNCIL MEETING 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 22, 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 the meeting at 7:03 p.m. Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PRESENTATION Mayor Lora read a proclamation supporting April as Child Abuse Prevention Month. MAYOR’S UPDATE • The Mayor spoke about the distracted driving resolution. • Ramadan, Passover, Palm Sunday and Easter are being celebrated in Passaic. • Religious processions for St. Mary’s Assumption Church on Monroe Street, Holy Trinity Church, Our Lady of Fatima & Saint Nicholas Church, and St. Anthony of Padua Church, as well as Holi Festival of Colors for the Indian East Asian community on April 9 at 3rd Ward Park. He thanked the police and traffic department for coordinating. • Firefighters had a ladder up on roofs on Broadway to rescue a cat. He thanked the police and fire departments who do more than fight fires or chase crime. • There will be an Autism Awareness event on April 15 at Christopher Columbus Park. • A free rabies vaccine clinic will take place at Armory Memorial Dog Park on April 15 from 1:00-4:00. • Baseball and softball clinics will start on May 6. • on April 20, NJ Motor Vehicle will be in City Hall for licenses, permits, etc. MINUTES Council Meeting Minutes for January 10, 2023 and January 24, 2023 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 Page 2 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. Yosef Wolf, 71 Spring St • A few weeks ago, Resolution #23 was presented for first reading, did the city know this was to be low income housing? Joe Conoscenti, 170 Broadway • The intersection at Howe and Paulison Avenue is a dangerous area. • Illegal vendors have been chased off by police, but they keep returning. • At 147-149 Broadway, squatters have returned. • The dining areas at the corner of Central and Lexington, and 60 Spring are not clean. After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Love the public portion of the meeting was adjourned. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 3 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 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 Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Joe Conoscenti, 170 Broadway • What is the early voting referring to? 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 Munk 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 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Garcia the following communications and petitions were received placed on file and approval granted Casmir Pulaski School No. 8 (Emmanuel Morales), 100 4th St., submitting an application to hold a Field Day at Pulaski Park - (Field Located on Bergen St) on June 12, 2023, through June 16, 2023, from 08:00 a.m. to 3:00 p.m. (Contingent upon Departmental Approvals) ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X ABSTAIN X X X X 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 Weatherly Frias, Acting City Clerk, submitting a submitting Raffle License application for the following organization: • Children’s Day Preschool and Family Center – 104 Jefferson St Passaic NJ • St. Joseph Church- 7 Parker Ave, Passaic NJ City of Passaic Health Department(Brian Gunderson)330 Passaic Street, submitting an application to hold a Rabies Clinic at Armory Memorial Dog Park on April 15, 2023, from 11:30 a.m. to 5:30 p.m. (Contingent upon Departmental Approvals) Page 5 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ELBJ LLC t/a Platinum Dollz 426 Van Houten Ave, submitting application for New 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: • Passaic’s 150th Anniversary Proclamation • Proclamation –National Day of Outdoor Play Kids to Park Day in the City of Passaic • Proclamation Supporting the 2023 UDrive UText UPay Distracted Driving Crackdown April 1 - 30, 2023 AWZ Engineering INC., Montville NJ, submitting the following: • Copy of Application for Coastal Zone Management Permit Application -192 9th Street – Block 1019.01, Lot 30.01 (available for view in the City Clerk’s Office) Elzbieta Burak, 285 Barnstable Dr., Wyckoff, NJ submitting the following: Notice to property owners within 200ft of Development: 110 and 112 Madison St, Passaic NJ (City of Passaic-Zoning Board Hearing) North Jersey District Water Supply Commission, submitting the following: • Minutes of their February 22, 2023 meeting • Notice and Agenda of their March 22, 2023 meeting Page 6 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Department of Transportation, submitting the following: • Correspondence re: Passaic City Myrtle Avenue Roadway Improvement Project - Local Aid Infrastructure Fund Program Department of Environmental Protection, submitting the following: • Notice of Application: Application No.2596P to divert water from 4 existing but previously not approved and I proposed wells, and 1 previously approved pond intake in Prospect Park Borough, Passaic County • Correspondence re: Flood Hazard Area Verification Approval, File No. 1607-22-0003.1 LUP 220002 Applicant: John Lira, Block 1019.1, Lot 30.01 • Correspondence re: Flood Hazard Area and Costal Zone Management Extension Request File No. 1607-18-0001.1 FHA 230001, CZM 230001-Applicant: Public Service Electric & Gas • Suspected Hazardous Substance Discharge Notification NJDEP Case No. 23-03-17-1337-48 • Correspondence re: Area of Concern : One 1000 gal.#2 Heating Oil Underground Storage Tank System Unrestricted Use- Block 3271.02, Lot 18 373 Broadway Passaic City , Passaic County – No Further Action Letter Passaic Enterprise Zone Development, submitting the following: • Minutes of their December 14,2022 meeting Passaic Valley Water Commission, the following: • Notice and Agenda of their March 22, 2023, Regular meeting • Notice of their April 26, 2023, Regular meeting City of Passaic, Alcoholic Beverage Control Board, submitting the following: • Minutes of their February 17, 2022 meeting • Minutes of their March 29, 2022 meeting • Minutes of their April 14, 2022 meeting • Minutes of their May 19, 2022 meeting • Minutes of their May 25, 2022 meeting Page 7 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Millennium Strategies Monthly Report 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 APRIL 10, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Garcia the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 23-04-105 RESOLUTION AUTHORIZING CANCELATION AND REFUND OF TAXES FOR TOTALLY DISABLED VETERANS WHEREAS, pursuant to N.J.S.A. 54:4-3.30 and N.J.S.A. 54:4-3.32 a veteran who has been determined to be totally disabled shall be allowed to be exempt from property taxes; WHEREAS, the below mentioned taxpayers/veterans have been made tax exempt by the Assessor effective 7/15/2022 and a refund is due them; WHEREAS, Mr. Galambos is the owner of 79 Blaine St., a two family house, and he only occupies the second unit, therefore, the tax exemption only applies to the unit he resides in. NOW THEREFORE BE IT RESOLVED, by the City Council of Page 8 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund and for the Tax Collector to cancel the below taxes and adjust her records accordingly; Block/Lot Owner / Property Cancel Refund Tax Year 3273/30 Galambos, Daniel 1,758.45 1,758.45 2022 79 Blaine St. 1,898.92 949.45 2023 Total Refund $2,707.91 CITY OF PASSAIC RESOLUTION NO. 23-04-106 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 3/27/23 for Block: 3245.02 Lot 20, also known as 2-20 Brighton Ave., Passaic, NJ, property owners: Brighton Studios, LLC. The judgment entered reduced the assessments on the property 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 3245.02/20 2-20 Brighton Ave. Brighton 2022 $6,797.00 Studios, LLC Page 9 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-04-107 RESOLUTION PURSUANT TO N.J.S.A. 40:69A-181(B) ACCELERATING THE EFFECT OF AN AMENDMENT TO AN ORDINANCE AUTHORIZING EARLY VOTING WHEREAS, this Resolution is introduced concurrently with the second reading of an Ordinance entitled “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, by Resolution adopted by not less than a 2/3 vote of its full membership, the Municipal Council may, pursuant to N.J.S.A. 40:69A-181(b), waive the 20-day waiting period for the effect of an Ordinance, where a condition calls for immediate action; WHEREAS, the Ordinance will foreseeably allow additional persons to exercise their Constitutional right to vote, where a significant number of persons - for a variety of reasons - may be unable to vote on the regularly scheduled local election date of Tuesday, May 9, 2023; and WHEREAS, delay in adoption of the Ordinance may impede both the City and the County in providing timely notice of the location of voting sites. NOW, THEREFORE, BE IT RESOLVED BY THE REQUIRED TWO- THIRDS MAJORITY OF THE FULL MUNICIPAL COUNCIL OF THE CITY OF PASSAIC as follows: 1. The Municipal Council hereby declares that the risk of a substantial number of registered voters, for a variety of reasons, being be unable to vote on the regularly scheduled local election date of May 9, 2023 constitutes an emergency within the intent of N.J.S.A. 40:69A-181(b). 2. The Ordinance entitled “Ordinance Amending City Ordinance No. 2377-23, Which Authorized Municipal Page 10 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Non-Partisan Early Voting in the City of Passaic, to Correct Scrivener’s Error Contained Therein” shall not be subject to the 20-day statutory waiting period for the effect of an Ordinance. CITY OF PASSAIC RESOLUTION NO. 23-04-108 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION 2022 LOCAL AID INFRASTRUCTURE FUND PROGRAM WHEREAS, on July 19th, 2022, the City of Passaic adopted Resolution # 22-07-184 which authorized the submission of a grant application identified as LAIF-2022 Passaic City Myrtle Avenue Roadway-000809 to the New Jersey Department of Transportation Local Aid Infrastructure Fund; and WHEREAS, on March 8, 2023, the NJDOT notified the City of Passaic that they were allotted $365,000.00 from the Transportation Trust Fund for the Passaic City Myrtle Avenue Roadway Improvement Project funded through the Local Aid Infrastructure Fund Program; and WHEREAS, the City of Passaic desires to accept the grant in the amount of $365,000 from the New Jersey Department of Transportation for the Local Aid Infrastructure Grant Program to complete the Myrtle Avenue Roadway Improvements Project . 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 New Jersey Department of Transportation, Local Aid Infrastructure Grant Program in the amount of $365,000.00; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute the required Contract Page 11 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Agreement and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION NO. 23-04-109 RESOLUTION AUTHORIZING THE ACCEPTANCE OF RYAN WHITE PART A AND MINORITY AIDS INITIATIVE GRANT FUNDS 2023 WHEREAS, the Passaic Alliance of the City of Passaic, having an office at 286 Passaic Street, Passaic, New Jersey 07055, has submitted an application for funding for the 2023 Ryan White Part A and Minority AIDS Initiative (“MAI”) grant for the delivery of HIV care for persons living with HIV/AIDS in the Passaic-Bergen transitional grant area; and WHEREAS, the Passaic Alliance has been approved for funding for its program in the total amount of $37,220 for the delivery of coordinated care targeting persons living with HIV/AIDS in the Passaic-Bergen region; and WHEREAS, it is the desire of the City of Passaic to accept the funds from this grant in the total amount awarded; and WHEREAS, the breakdown of grant funding by service category is as follows: SERVICE CATEGORY Total Award Substance Abuse $5,000.00 Mental Health $5,000.00 Case Management Community $12,000.00 Health Insurance Premiums $4,720.00 TOTAL PART A $26,720.00 Substance Abuse MAI $3,000.00 Page 12 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC EIS $500.00 Case Management MAI $5,000.00 Health Education MAI $2,000.00 TOTAL MAI $10,500.00 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic, that the City of Passaic is hereby authorized to accept the grant funds from the Ryan White Part A and Minority AIDS Initiative in the total amount of $37,220.00; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and Passaic Alliance are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the receipt of these funds. CITY OF PASSAIC RESOLUTION NO. 23-04-110 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY22 DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMEGENCY MANAGEMENT AGENCY (FEMA), FIRE PREVENTION AND SAFETY ( FP&S) GRANT PROGRAM WHEREAS, the City of Passaic wishes to submit an application for the Department of Homeland Security, Federal Emergency Management Agency, Fire Prevention and Safety Grants Program; and WHEREAS, the amount of $30,000 will assist first responder organizations by expanding safety measures addressing high-risk target groups to minimize their chance of encountering a fire and/or fire-related safety hazard; WHEREAS, said grant requires a 5% match of cash or in-kind contribution from the City of Passaic; and Page 13 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, receipt of such funding is contingent upon the City’s compliance with all applicable grant specifications and provisions. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Passaic does hereby authorize the application for the Department of Homeland Security for funding under the Federal Emergency Management Agency, Fire Prevention and Safety Grants Program; and BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the Department of Homeland Security, Federal Emergency Management Agency, Fire Prevention and Safety Grants Program. CITY OF PASSAIC RESOLUTION NO. 23-04-111 RESOLUTION AUTHORIZING AN AGREEMENT WITH 312-328 BROADWAY PROPERTIES, LLC TO RECEIVE UP TO $2,970,000.00 IN HOME AMERICAN RESCUE FUNDS FROM THE CITY OF PASSAIC FOR DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT WHEREAS, an affordable housing project proposal has been received from 312-328 Broadway Properties, LLC, located at 694 Main Avenue, 2nd Floor, Passaic, NJ 07055. They are requesting HOME AMERICAN RESCUE FUNDS (HOME ARP) in an amount not to exceed TWO MILLION NINE HUNDRED SEVENTY DOLLARS AND NO CENTS ($2,970,000.00) to be used towards construction and development of a 56 unit apartment building with 64 parking spaces and; WHEREAS, of the 56 proposed units 11 have been designated as HOME ARP units and will be rented and operated based upon HUD’s rules and regulations governing this funding source and; Page 14 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, of the 11 units, 8 will be 3-bed/1bath units and 3 will be 2-bed/1bath and; WHEREAS, these funds are specifically earmarked to benefit qualifying individuals who are homeless, at risk of homelessness or in other vulnerable populations and; WHEREAS, the project is located on Block 3272.01 Lot 11, 312-328 Broadway, Passaic, New Jersey and; WHEREAS, the City of Passaic was awarded a total of THREE MILLION ONE HUNDRED FIFTY-FOUR THOUSAND, SEVEN HUNDRED FORTY-NINE DOLLARS AND NO CENTS ($3,154,749.00) of HOME AMERICAN RESCUE FUNDS and; WHEREAS, these funds were approved for development and funding distribution by City Council June 21, 2022 via City of Passaic Resolution #22-06-152 and; WHEREAS, the City has done its’ due diligence with regard to consulting with all appropriate service agencies in and about the city seeking their input as to how best we might service this vulnerable population, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Passaic hereby authorize 312-328 Broadway Properties LLC receive an amount not to exceed TWO MILLION NINE HUNDRED SEVENTY DOLLARS AND NO CENTS $2,970,000.00 of HOME ARP funds for the development of the proposed affordable housing project located at Block 3272.01 Lot 11, 312-328 Broadway, Passaic, New Jersey. BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Department of Community Development 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 15 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-04-113 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND ACCEPTING FUNDING FROM THE NEW JERSEY STATE DEPARTMENT OF AGRICULTURE DIVISION OF FOOD AND NUTRITION FOR SUMMER FOOD SERVICE PROGRAM 2023 WHEREAS, the Passaic Recreation Department will submit an application for funding for the Summer Food Service Program being offered through the New Jersey State Department of Agriculture, Division of Food and Nutrition (“Program”); and WHEREAS, the Program provides nutritious meals and snacks to help children in low-income areas get the nutrition they need to learn, play and grow throughout the summer months when they are out of school; and WHEREAS, the Program is a per meal reimbursement program, with monies intended to be viewed as supplemental funding; and WHEREAS, the funding from the New Jersey State Department of Agriculture Division of Food and Nutrition would enable our organization to provide meals to children in need within our community; and WHEREAS, it is the desire of the City of Passaic to accept the funds from the NJDOA in the total amount awarded. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Passaic Recreation Department is hereby authorized to authorized and directed to execute and submit all necessary documents and agreements related to the receipt of this funding; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk and Recreation Department are hereby authorized and directed to execute any documents and/or undertake any and Page 16 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 23-04-114 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF TRANSPORTATION YOUTH CORPS URBAN GATEWAY ENHANCEMENT GRANTS PROGRAM 2023 APPLICATION WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program; and WHEREAS, the NJDOT Urban Youth Corps Program is designed to provide urban youth an opportunity to gain experience and exposure to various careers in transportation as well as contribute to the improvements in their own community; and WHEREAS, said grant requires no matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant and apply for the maximum award. NOW, THEREFORE, BE IT RESOLVED the Council of the City of Passaic is hereby authorized to submit a grant application to the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program. Page 17 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program; and WHEREAS, the NJDOT Urban Youth Corps Program is designed to provide urban youth an opportunity to gain experience and exposure to various careers in transportation as well as contribute to the improvements in their own community; and WHEREAS, said grant requires no matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant and apply for the maximum award. NOW, THEREFORE, BE IT RESOLVED the Council of the City of Passaic is hereby authorized to submit a grant application to the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the New Jersey Department of Transportation Youth Corps Urban Gateway Enhancement Grants Program. CITY OF PASSAIC RESOLUTION NO. 23-04-115 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT THE GOOD SPORTS AND MAJOR LEAGUE BASEBALL GRANT PROGRAM 2023 WHEREAS, the City of Passaic had submitted an application for the Good Sports and Major League Baseball Grant ("Program") as outlined in Resolution No. 23-02-065; and Page 18 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the purpose of the Program is to support youth baseball and softball among underserved youth with brand-new equipment; and WHEREAS, the City of Passaic, as a municipality, is eligible for funding through this Program; and WHEREAS, the 3-month project period associated with the Program is set to begin in June 2023; and WHEREAS, the City of Passaic has been awarded the maximum grant amount of $50,000.00 in-kind package that includes a new pitcher's mound, new home plate and batter's boxes, and new bases and anchors; and WHEREAS, the City of Passaic wishes to accept the grant award being allotted through this Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the Good Sports and Major League Baseball Grant Program 2023 award subject to the terms and conditions set forth in the grant guidance; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Department of Recreation are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 23-04-116 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) BODY-WORN CAMERA (BWC) POLICY AND IMPLEMENTATION PROGRAM TO SUPPORT LAW ENFORCEMENT AGENCIES FY23 Page 19 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic has learned of the availability of funding from the United States Department of Justice Body-Worn Camera Policy and Implementation Program; and WHEREAS, said grant requires 50% matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant. NOW, THEREFORE, BE IT RESOLVED the Council of the City of Passaic is hereby authorized to submit a grant application to the United States Department of Justice Body-Worn Camera Policy and Implementation Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the United States Department of Justice Body-Worn Camera Policy and Implementation Program. CITY OF PASSAIC RESOLUTION NO. 23-04-117 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ) FY 23 COPS HIRING GRANT PROGRAM WHEREAS, the City of Passaic has learned of the availability of funding from the United States Department of Justice COPS Hiring Grant Program; and WHEREAS, said grant requires 25% matching contributions from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant. Page 20 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED the Council of the City of Passaic is hereby authorized to submit a grant application to the United States Department of Justice COPS Hiring Grant Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the United States Department of Justice COPS Hiring Grant Program. CITY OF PASSAIC RESOLUTION NO. 23-04-118 RESOLUTION AWARDING CONTRACT FOR UNDERWATER INSPECTION FOR HUGHES LAKE DAM AND SPILLWAY CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on March 17, 2023 for Underwater Inspection for Hughes Lake Dam and Spillway; 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, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department; and; WHEREAS, proposals were received as per the attached; and WHEREAS, the Evaluation Committee reviewed the proposals received and recommends that the contract for Underwater Inspection for Hughes Lake Dam and Spillway be awarded to Coastal Engineering of West Milford, NJ for a total amount not to exceed $8,500.00 Page 21 of 46 Passaic City Council Minutes: April 10, 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 that the contract for Underwater Inspection for Hughes Lake Dam and Spillway for the Division of Engineering be awarded to Coastal Engineering of West Milford, for a total amount not to exceed $8,500.00 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 Storm Recovery Trust Fund Account # T-03-56-320-000-RSR CITY OF PASSAIC RESOLUTION NO. 23-04-119 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND INSTALLATION TO UP FIT ONE (1) 2021 FORD F-150 POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase equipment to up-fit One (1) 2021 Ford F-150 under NJ State Contract #89980 from GTBM of East Rutherford, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing Contracts entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the equipment to up fit One (1) 2021 Ford F-150 includes but is not limited to lights, computers, modems, routers, software, gun racks, and installation for a total of $ 19,486.90; and WHEREAS, it is the recommendation of Chief Luis Guzman that the contract to up-fit One (1) 2021Ford F-150 Page 22 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC be awarded to GTBM under NJ State Contract #89980 in the total amount of $ 19,486.90. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that contract be awarded to GTBM in the total amount of $ 19,486.90. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # T-03- 56-306-001-240. CITY OF PASSAIC RESOLUTION NO. 23-04-120 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND INSTALLATION TO UP FIT ONE (1) 2023 CHEVY TAHOE POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase equipment to up-fit One (1) 2023 Chevy Tahoe under NJ State Contract #89980 from GTBM of East Rutherford, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing Contracts entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the equipment to up fit One (1) 2023 Chevy Tahoe includes but is not limited to lights, computers, modems, routers, software, gun racks, and installation for a total of $ 19,762.77; and Page 23 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Chief Luis Guzman that the contract to up-fit One (1) 2023 Chevy Tahoe be awarded to GTBM under NJ State Contract #89980 in the total amount of $ 19,762.77. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that contract be awarded to GTBM in the total amount of $ 19,762.77. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney CERTIFICATION OF FUNDS Funds for the above are available in Account # 2-01- 25-240-SRO-051 and Account # 2-01-25-240-032 CITY OF PASSAIC RESOLUTION NO. 23-04-121 RESOLUTION AWARDING A PROPOSAL FOR GEESE CONTROL SERVICES FOR THE CITY OF PASSAIC WHEREAS, on March 21, 2023 the City Council of the City of Passaic adopted Resolution # 23-03-086 (attached) rejecting a proposal for Geese Control Services due to the proposal exceeding the budget; and WHEREAS, on Friday, March 17, 2023, the Director of Purchasing received a new proposal 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 Page 24 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, the proposal was received as per the attached.: WHEREAS, the Evaluation Committee reviewed the proposal received and recommends that the contract for Geese Control Services be awarded to Geese Chasers, Great Meadows, NJ in an amount Not To Exceed $ 32,240.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Geese Control Services be awarded to Geese Chasers, Great Meadows, NJ in an amount Not To Exceed $ 32,240.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Council. CERTIFICATION OF FUNDS Funds for the above are available in Maintenance/Parks Account #3-01-28-375-000-029. CITY OF PASSAIC RESOLUTION NO. 23-04-122 RESOLUTION AUTHORIZING A CHANGE ORDER TO DECREASE A CONTRACT WITH ADVANCED ROOFING & SHEET METAL FOR ROOF REPLACEMENT AT EASTSIDE FIREHOUSE & SENIOR CENTER WHEREAS, on November 7, 2019, the City Council of the City of Passaic adopted Resolution 19-11-327 (attached) approving a contract with Advanced Roofing & Sheet Metal, Belleville, NJ in the amount of $ 237,000.00 for Roof Replacement at Eastside Firehouse & Senior Center; and Page 25 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, on July 20, 2021, the City Council of the City of Passaic adopted Resolution #21-07-176 (attached) approving a change order for addition work in the amount of $ 10,000.00; and WHEREAS, the final change order is necessary to decrease the contract as follows: Original Contract $ 237,000.00 Change Order $10,000.00 (Resolution #21-07-176) Less Reductions -$ 3,500.00 Final Contract Price $ 243,500.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and Advanced Roofing & Sheet Metal, Belleville, NJ is ratified and accepted, adjusting the contract to the revised total amount of $ 243,500.00. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order in a form approved by the City Attorney and that the Change Order be filed in the City Clerk’s Office. CITY OF PASSAIC RESOLUTION #23-04-123 RESOLUTION AWARDING A PROPOSAL FOR FIREWORKS DISPLAY SHOW WHEREAS, proposals were received by the Director of Purchasing on Wednesday, March 29, 2023 for Fireworks Display Show; and Page 26 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, 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 Evaluation Committee reviewed the proposals received and recommends that the contract for fireworks display show be awarded to Serpico Pyrotechnics, LLC. & Starfire Corporation of Toms River, for a total amount not to exceed $18,500.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal for Fireworks Display Show be awarded to Serpico Pyrotechnics, LLC. & Starfire Corporation of Toms River, for a total amount not to exceed $18,500.00 CERTIFICATION OF FUNDS Funds for the above are available in Mayor & Council Community Activity Account # 3-01-20-110-000-047. CITY OF PASSAIC RESOLUTION NO. 23-04-124 RESOLUTION REJECTING A PROPOSAL FOR CONCEPTUAL DESIGN, REPORT AND COST ESTIMATE LOCAL FLOOD HAZARD MITIGATION ANALYSIS AND PLANNING FOR THE NJ TRANSIT UNDERPASS – PASSAIC AVENUE FOR THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on , Wednesday, March 29, 2023, for Conceptual Design, Report and Cost Estimate Local Flood Hazard Mitigation Analysis and Planning for the NJ Transit Underpass-Passaic Avenue; and Page 27 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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, a proposal was received as per the following: Total Not To Exceed $ 115,340.00 WHEREAS, the proposal received exceeds the budget appropriation and the specifications will be revised for this service to include final deliverables of bid documents for construction; and WHEREAS, it is the recommendation of Yasseen Saad, City Engineer 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 Wednesday, March 29, 2023 for Conceptual Design, Report and Cost Estimate Local Flood Hazard Mitigation Analysis and Planning for the NJ Transit Underpass-Passaic Avenue be rejected and re-advertised. BE IT FURTHER RESOLVED by the City Council of the City of Passaic that the proposal for Conceptual Design, Report and Cost Estimate Local Flood Hazard Mitigation Analysis and Planning for the NJ Transit Underpass-Passaic Avenue be rejected and re-advertised. CITY OF PASSAIC RESOLUTION # 23-04-125 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) NEW ELGIN PELICAN STREET SWEEPER NP DUAL Page 28 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Department of Public Work wishes to purchase One (1) New Elgin Pelican Sweeper NP Dual offered under Educational Services Commission of New Jersey Cooperative, ESCNJ Contract #20/21-55 from W.E. Timmerman Equipment Company of Whitehouse, NJ; and WHEREAS, N.J.S.A.40A:11-12 authorizes the purchase of any materials, supplies or equipment which has been approved by the Division of Purchase and Property in the Department of the Treasury to purchase under Cooperative pricing system or joint purchasing system without the necessity for public bidding; WHEREAS, the sweeper is priced as follows: One (1) Elgin Pelican Street Sweeper $ 327,849.60 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to W.E. Timmerman Equipment Company of Whitehouse, NJ for a Elgin Pelican Street Sweeper NP Dual in the amount of $ 327,849.60. 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 Capital Outlay Street Sweeper Account #2-01-44-905-000-9SW ($300,000.00) and Streets and Roads Account #2-01-26-290-000-028 ($27,849.60) CITY OF PASSAIC Page 29 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTION NO. _23-04-126 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT ADDITIONAL GRANT FUNDING FROM NEW JERSEY WIC SERVICES BREASTFEEDING PEER COUNSELOR (BFPC) PROGRAM AND USDA WIC FARMERS MARKET PROGRAM 2023 WHEREAS, the City of Passaic Division of Health/WIC Program has received notice from the New Jersey State WIC Program regarding the availability of additional funds for the 2023 fiscal year; and WHEREAS, $9,641.00 in additional BFPC funds are being made available to the Passaic WIC Program to cover the remainder of the salary and fringe cost for the Breastfeeding Peer Counselor (BFPC) positions; and WHEREAS, $710.00 in USDA WIC Farmers Market funding is being made available to the Passaic WIC Program to cover the purchase of two NJ WIC selected label printers and compatible boxes of labels; and WHEREAS, the City of Passaic Division of Health/WIC Program wishes to accept the additional funding from the 2023 Breastfeeding Peer Counseling Program and USDA WIC Famers Market Program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic Division of Health/WIC Program is hereby authorized to accept additional funding from the NJ WIC Program in the amount of $9,641.00 for the Breastfeeding Peer Counselor program and USDA WIC Farmers Market Program in the amount of $710.00; and BE IT FURTHER RESOLVED THAT the Passaic WIC Program, Ken Pincus, Health Officer, and the City Clerk are hereby authorized to take all necessary actions to file this application and to accept 2023 grant funds from the State of New Jersey. Page 30 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO.23-04-127 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF GARDEN SOCIETY NJ LLC CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30-7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, Garden Society NJ LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and Page 31 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is Garden Society NJ LLC; and WHEREAS, Garden Society NJ LLC wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 35-95 Eighth Street, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by Garden Society NJ LLC to operate within the City of Passaic; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. _23-04-128 RESOLUTION AUTHORIZING THE FILING OF THE CITY OF PASSAIC’S 2023 ACTION PLAN; AN APPLICATION FOR FEDERAL ASSISTANCE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTIMENT PARTNERSHIP PROGRAMS WHEREAS, the City of Passaic is entitled to receive federal financial assistance under the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) for the Program Year 2023, which begins July 1, 2023 and ends June 30, 2024 and, WHEREAS, to secure continued financial assistance, it is necessary to file a One-Year Action Plan with the US Department of Housing and Urban Development (HUD) and, Page 32 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City was notified via letter on February 27, 2023 by Marion Mollegen McFadden, Principal Deputy Assistant Secretary for Community Planning and Development that the City’s allocations is as follows: • Community Development Block Grant (CDBG) $1,232,624.00 • HOME Investment Partnerships (HOME) $1,096,575.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that: 1. The Program Year 2023 Action Plan is hereby approved based upon federal funding totaling $2,329,199.00, the funding source breakdown being CDBG -$1,232,624.00 and HOME -$1,096,575.00. 2. The attached budget is herein incorporated by reference as if fully made a part hereof. 3. The Mayor of the City of Passaic, as Certifying Officer, is hereby authorized as follows: (a) Should any comment received during the required public comment period concerning the Action Plan and Consolidated Plan submission so warrant, to request the City Council of the City of Passaic to modify any portion of the attached budget; and (b) To file the 2023 Action Plan submission with HUD; and (c) To serve as the authorized representative of the City of Passaic in connection with the application and to provide such additional information as may be required; and (d) To execute contracts with HUD allowing for the expenditure of said funds pursuant to the terms of said contract; and (e) To execute agreements with agencies indicated as recipients of the 2023 Action Plan funds in the attached “Listing of Proposed Budget/Projects” for the purposes specified therein on forms to be approved by the Community Development Attorney; and (f) To execute agreements with eligible developers approved for assistance under the City’s New Construction HOME eligible activity in a form to be approved by the Community Development’s Attorney. Page 33 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC The Secretary of Housing and Urban Development is hereby assured of full compliance by the City of Passaic. 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._2392-23 AMENDMENT TO THE CITY OF PASSAIC TOWING AND STORAGE FEE SCHEDULE ORDINANCE WHEREAS, the City of Passaic wishes to update and establish an equitable and comprehensive fee schedule for towing and storage services provided by private towing companies within its jurisdiction; WHEREAS, the City of Passaic seeks to establish clear and transparent fees for various towing and storage services, including but not limited to light, medium, and heavy-duty towing, storage, recovery, and specialized equipment usage; WHEREAS, the City of Passaic aims to ensure that property owners and motorists are properly informed about the applicable fees and charges for the services they receive from private towing companies; and WHEREAS, the City of Passaic desires to regulate the charges for additional services related to towing and storage, such as after-hours release, administrative charges, and fuel surcharges. NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Page 34 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Passaic,” is hereby amended by replacing Chapter 297-5 (Fees) in its entirety as follows: SECTION 1 Chapter 297 Vehicles, Towing of 297-5 Fees. All property owners or motorists who require the services of a private towing company shall pay not to exceed the following fees: A. Towing. (1) Basic (a) Light duty- up to 10,000 lbs. hook-up $155 (b) Medium duty- 10,001-16,000 lbs. $300.00 per hour (c) Heavy duty- 16,001 and above$500.00 per hour (d) Decoupling fee (if tow is not performed) ½ of basic rate (2) On-Hook Mileage: Light duty $7.00/ per loaded miles B. Storage inside building or outside in secured facility, each space, per day. (1) Cars/ light trucks -10’ x 20’ space $35.00 per day (2) Trucks (dual wheels)/ single axle: $125.00 per day (3) Motorcycles: $17.50 each space, per day. (4) Tractor/ dump truck/ tractor and trailer combo/ trailers: $125.00 per unit per day (5) Buses: $150.00 per day (6) Roll-off: $125.00 per day for each Page 35 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (7) CARGO/ACCIDENT DEBRIS/ LOAD STORAGE/ VEHICLE COMPONENTS10’ X 20’ SPACE: $50.00 PER SPACE USED PER DAY (8) Rental of any tow company supplied trailer post incident: $500.00 per day C. Recovery/ winching (In Addition to Towing – per truck including driver) (1) Light/ medium duty 10,001-16,000 lbs.: $350.00 per hour charged in ½ hour increments of $175. per ½ hour (2) Towing of motorcycles or motor scooters (any day): $17.50 per vehicle. (3) Heavy duty 16,001 and above: $650.00 per hour D. Specialized recovery equipment (1) Rotator/ crane recovery unit: $1200.00 per hour (2) Tractor with landoll trailer or detach trailer: $500 per hour (3) Tractor/ transport hauler only: $350.00 per hour (4) Refrigerated trailer w/ tractor: $550.00 per hour (5) Box trailer w/ tractor: $500.00 per hour (6) Air cushion unit: $1000.00 per hour (7) Light tower: $250.00 per hour (8) Pallet jack: $200.00 flat rate (9) Rollers: $200.00 flat rate (10) Any other specialized equipment: $300.00 per hour (11) Loader/ backhoe/ telescopic handler/ bulldozer/ bobcat: $400.00 per hour each Page 36 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (12) Forklift: $400.00 per hour (13) Dump truck/ dump trailer w/ tractor: $400.00 per hour (14) Roll-off with container: $400.00 per hour plus disposal (15) Recovery supervisor vehicle: $150.00 per hour (16) Scene safety equipment, communication equipment, traffic management equipment, etc.: $250.00 per hour each type used (17) Recovery support vehicle/ trailer additional recovery equipment: $350.00 per hour E. Labor- All Labor Minimum of 1 Hour (1) Accident minor clean-up and disposal of debris: $0 (2) Recovery supervisor and/ or level iii recovery specialist: $250.00 per hour *Charges limited to one per incident (3) Certified towing operator: $150.00 hour per man (4) Manual laborers: $125.00 per hour per man F. Additional charges. (1) Fuel/ haz-mat/ cargo spills clean-up and disposal: time and material (2) Hazmat and trash recovery: surcharged 10% (3) Opening locked vehicle without key: $75 per vehicle. (4) Administrative charge only after 3rd visit to vehicle: cars only - $50.00 (5) Administration charge: medium/ heavy truck - $200.00 Page 37 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (6) After hours release: $50 (7) Notification documentation fee: $75 (8) Tarping/ wrapping vehicle: $90.00 per car $250.00 per truck (9) Fuel Surcharge 0% G. A copy of this Fee Schedule shall be made available to the owner of a vehicle at the time he or she obtains the required release paperwork from the City of Passaic Police Department. after the first hour, all hourly billable rates will be charged in half hour increments. charges for all tows are inclusive of the operator. you may not separately charge for an operator that drives/operates the towing equipment. SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 27, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 38 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO._2393-23 ORDINANCE AMENDING CHAPTER 29 “LAND DEVELOPMENT PROCEDURES” ARTICLE VI “PAYMENT IN LIEU OF PARKING” SECTION 29-56.2 “PIP FEES FOR OFF-TRACT PARKING IMPROVEMENTS” OF THE CODE OF THE CITY OF PASSAIC, NEW JERSEY TO INCLUDE ELECTRIC VEHICLE PARKING SPACES WHEREAS, the City of Passaic recognizes the importance of promoting environmentally sustainable practices and supporting the adoption of electric vehicles (EVs) within the community; and WHEREAS, the City Council desires to amend the Parking Improvement Plan (PIP) fees to encourage the development and expansion of electric vehicle parking spaces, contributing to the City's commitment to environmental sustainability and reducing greenhouse gas emissions; and WHEREAS, the City Council has determined that a fee of $7,500 for each electric vehicle parking space is appropriate to support the development and installation of EV infrastructure, such as charging stations; and WHEREAS, the inclusion of electric vehicle parking spaces in the PIP fee schedule will further the City's goals to reduce its carbon footprint and promote the use of cleaner transportation alternatives; and WHEREAS, the City Council finds that the amendment of Section 29-56.2(C) of the Code of the City of Passaic Page 39 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC is in the best interest of the community and serves the public health, safety, and welfare. NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic,” is hereby amended by replacing Chapter 29- 56.2(C) (Payment of PIP fee by applicant) in its entirety as follows: SECTION 1 Chapter 29 Land Development Procedures 29-56.2 PIP fee for off-tract parking improvements. C. The PIP fee to be assessed by the City for each parking space for which the applicant seeks a waiver shall be calculated as follows, until otherwise amended or revised by ordinance: Type Fee Affordable rental residential unit $2,500 Market rate rental residential unit $5,000 Commercial/retail/office lease unit $TBD For sale condominium unit $9,000 Electric vehicle parking space $7,500 SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Page 40 of 46  Passaic City Council Minutes: April 10, 2023 Approved: 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 Garcia the public hearing be held on April 27, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2394-23 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 407 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 405 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # Page 41 of 46  Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 121 Gregory North (Pennington Avenue) S51MRE Avenue Beginning at a point 35 feet west of the westerly curbline of Gregory Avenue and extending to a point 23 feet westerly therefrom 94 Henry Street North Beginning at a point 70 WXF36T feet east of the easterly curbline of Myrtle Avenue and extending to a point 22 feet easterly therefrom 391 Madison South Beginning at a point 136 H63LET Street feet east of the easterly curbline of Paulison Avenue and extending to a point 22 feet easterly therefrom 274 Main Avenue East Beginning at a point 207 W40ERW feet north of the northerly curbline of Rutgers Place and extending to a point 22 feet northerly therefrom 293 Oak Street South Beginning at a point 68 H41GLC feet west of the westerly curbline of Grove Street and extending to a point 25 feet westerly therefrom 122 Park Place East Beginning at a point 86 U73FJY feet south of the southerly curbline of Prospect Street and extending to a point 22 feet southerly therefrom 286 Paulison East Beginning at a point 74 J75MNB Avenue feet south of the southerly curbline of Page 42 of 46  Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Broadway and extending to a point 24 feet southerly therefrom 106 Pennington North Beginning at a point 143 L25AEX Avenue feet west of the westerly curbline of Paulison Avenue and extending to a point 22 feet westerly therefrom 172 President North Beginning at a point 58 T89BDW Street feet east of the easterly curbline of Hope Avenue and extending to a point 22 feet easterly therefrom 64 Quincy Street North Beginning at a point 224 HW8397 feet east of the easterly curbline of Columbia Avenue and extending to a point 22 feet easterly therefrom 96 Third Street North (Bergen Street) Beginning P51KXU at a point 80 feet east of the easterly curbline of Third Street and extending to a point 22 feet easterly 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 # 121 Gregory North (Pennington Avenue) Y29RXA Avenue Beginning at a point 35 feet west of the westerly Page 43 of 46  Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC curbline of Gregory Avenue and extending to a point 23 feet westerly therefrom 274 Main Avenue East Beginning at a point 207 Z89RYW feet north of the northerly curbline of Rutgers Place and extending to a point 22 feet northerly therefrom 405 Monroe South Beginning at a point 119 M43LWT Street feet east of the easterly curbline of Myrtle Avenue and extending to a point 24 feet easterly therefrom 293 Oak Street South Beginning at a point 68 5161HC feet west of the westerly curbline of Grove Street and extending to a point 25 feet westerly therefrom 122 Park Place East Beginning at a point 86 X977236 feet south of the southerly curbline of Prospect Street and extending to a point 18 feet southerly therefrom 286 Paulison East Beginning at a point 74 Y90RVB Avenue feet south of the southerly curbline of Broadway and extending to a point 24 feet southerly therefrom 172 President North Beginning at a point 58 T89DBW Street feet east of the easterly curbline of Hope Avenue and extending to a point 22 feet easterly therefrom Page 44 of 46  Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 64 Quincy Street North Beginning at a point 224 4347HJ feet east of the easterly curbline of Columbia Avenue and extending to a point 22 feet easterly therefrom 96 Third Street North (Bergen Street) Beginning L32RNJ at a point 80 feet east of the easterly curbline of Third Street and extending to a point 20 feet easterly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on April 27, 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 Love and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 45 of 46 Passaic City Council Minutes: April 10, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S REPORT • At 130 Third Street additional parking was added. Across from Pulaski park, an additional parking project will soon begin. • Mail-in ballots are necessary for those who are homebound. Early voting expands access to voting opportunities for residents. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Garcia the meeting was adjourned at 8:36 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Acting Municipal Clerk Council President Page 46 of 46