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City Council

Regular Meeting

Passaic, NJ · April 27, 2023

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Minutes

City of Passaic New Jersey Passaic City Council April 27, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON THURSDAY, APRIL 27, 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 27, 2023 CITY COUNCIL MEETING IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED VIA FAX TO THE HERALD NEWS AND PUBLISHED ON APRIL 11, 2023 AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS RE-SCHEDULED THEIR APRIL 25, 2023 COUNCIL MEETING TO THURSDAY, APRIL 27, 2023, AT 7:00 PM TO BE HELD IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY IN PERSON AND VIRTUAL THROUGH HYBRID COMMUNICATIONS EQUIPMENT IN CONFORMANCE WITH THE DIRECTIVES OF THE STATE OF NEW JERSEY. 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 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 X ABSENT X X ABSENT X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie B. Burns, Esq., City Attorney Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council Member Garcia took his seat on the dais at 7:04 p.m. PRESENTATION Mayor Lora presented certificates of recognition to Passaic youth who participated in the Passaic County Annual Poster Contest. Council Member Love took his seat on the dais at 7:07 p.m. MAYOR’S UPDATE  Mayor Lora thanked police, fire and emergency responders for their response to two recent incidents in Passaic, one a two-person altercation and the other a fire. He also thanked police department detectives and commanding officers who responded to an attempted pharmacy robbery; the person who was arrested had targeted pharmacies in Passaic as well as surrounding towns.  Today was Bring Your Kids to Work day; he thanked the dedication and commitment of city employees, the day was a success. Council President Schaer called for a recess at 7:31 p.m. On a motion by Council Member Love and seconded by Council Member Schwartz the council meeting was reconvened at 7:37 p.m. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 2 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MINUTES Council Meeting Minutes for February 7, 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 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  Would the city consider putting cameras along route 21?  What is the status of the 4th Street church lot that has been designated for redevelopment?  How can a large building pay the same tax amount as a small house?  From the last meeting, how did 3 million dollars get allocated to eleven units? Council Member Munk stepped away from the dais at 7:49 p.m. Page 3 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Joe Conoscenti, 170 Broadway  Was a traffic study ever done at the intersection at Howe and Paulison Avenue?  How many tickets have been given to illegal vendors?  Have any summons been given for the property at 147-149 Broadway?  665 Main Avenue outdoor dining area is a mess.  Armory Park dog park should be honoring human heroes.  The animal shelter is being given a 70 car parking lot. The stores across the street could use this lot for their customers. Council Member Munk returned to the dais at 7:57 p.m. After ample opportunity given and no one else responding, on a motion by Council Member Garcia and seconded by Council Member Melo 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. 2392-23 ORDINANCE AMENDMENT TO THE CITY OF PASSAIC TOWING AND STORAGE FEE SCHEDULE ORDINANCE Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 4 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC X X X X X X Yosef Wolf, 71 Spring St  He thanked the mayor for being candid in not just passing the resolution. He asked if the tow lot that includes a police station be added to the municipal lot being built. Mayor Lora stated that every member of the Council wants Passaic residents and businesses to be treated fairly. Following a lengthy discussion on the merits of the ordinance and 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 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. Council President Schaer called up for the second and final reading Ordinance entitled: 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 Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Schwartz, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. Page 5 of 23 Passaic City Council Minutes: April 27, 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 Yosef Wolf, 71 Spring St  Does 7500 dollars for an electric meet the cost of construction? 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 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. 2394-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR 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 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 Page 6 of 23 Passaic City Council Minutes: April 27, 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 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 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 COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Schwartz the following communications and petitions were received placed on file and approval granted Kehlias Eitz Chaim, 371 Brook Avenue, submitting application to hold a Procession on May 21, 2023 from 3:30 p.m. to 5:00 p.m. The Procession will commence at 385 Terhune Avenue travel to Elwood Avenue to Brook Avenue ending at 231 Brook Avenue (Contingent Upon Departmental Approvals) Ukraine Congress Committee (Marie Duplak) 240, submitting an application to hold an Informational Session at 240 Hope Ave on April 30, 2023, from 1:00 p.m. to 3:00 p.m. (Contingent upon Departmental Approvals) The Crowne Place Corp LLC – 830 Main Ave, submitting application for New Entertainment License for the year 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer Page 7 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC X ABSTAIN 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 Garcia the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following:  Dr. Ruth Hayes Proclamation Paul A. Sarlo, Senator District 36, submitting the following correspondence:  Award letter -Local Recreation Improvement Grant Passaic Municipal Court Report March 2023 NJ Department of Environmental Protection, submitting the following:  Suspected hazardous Discharge Notification NJDEP Case Number: 23-04-11-1204-22  LSEP General Information Notice- 35 8th Street Passaic Valley Water Commission submitting the following:  Minutes of their February 22, 2023 meeting Mita Realty, Edison, NJ, submitting the following: Notice to property owners within 200ft of Development: 35 Linden Street, Passaic (City of Passaic-Planning Board Hearing) Borough of East Rutherford, submitting correspondence re: Amendment to the Housing Element and Fair Share Plan of East Rutherford Passaic Enterprise Zone Development Corporation, submitting Resolution 23-24 Establishing their meeting dates for 2023 Page 8 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Passaic County Mosquito Control, submitting correspondence re: spraying of adult mosquitos First Environment, submitting the following:  Response Action Outcome, Remedial Action Type: Unrestricted Use, 70-80 Liberty Street Whitestone, submitting the following:  Notice of Discharge to Surface Water Clean Up Permit, 74-120 Eighth Street and 122-152 Eighth Street 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 27, 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.23-04-129 RESOLUTION AWARDING CONTRACT FOR RECREATION SPORTS EQUIPMENT AND SUPPLIES YEAR 2023-2024 WHEREAS, bids were received by the Director of Purchasing on Tuesday, March 28, 2023, for Recreation Sports Equipment and Supplies Year 2023-2024; and Page 9 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a list of vendors that downloaded specifications from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, bids were received as per the attached: WHEREAS, the items that the City did not receive prices on will be purchased as needed utilizing an equipment donation grant received from Good Sports Organization; and WHEREAS, it is the recommendation of Cindy Gomez, Record Support Technician that the lowest responsible, responsive bidder, Riddell All American of North Ridgeville, OH be awarded the contract in the amount of $ 10,986.90 and BSN Sports LLC of Dallas, Texas in the amount of $ 35, 915.14 be awarded contracts for an aggregate amount of $ 46,902.04. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Recreation Sports Equipment and Supplies - Year 2023-2024 be awarded to Riddell All American of North Ridgeville, OH in the amount of $10,986.90 and BSN Sports LLC of Dallas, Texas in the amount of $35,915.14 for an aggregate amount of $46,902.04. BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total amount of this contract and will be ordered on an as-needed basis. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in 2022 CDBG Multi Sports Program Account #B-12-48-BG2-399-868 and Account #3-01-28-370-000-065 Recreation Equipment Contingent upon approval of the 2023 budget. Page 10 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._23-04-130 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED MADONNA MULTINATIONAL HOME FOR FNRL V. PASSAIC WHEREAS, Madonna Multinational Home for FNRL is the owner and/or taxpayer of real property designated as Block 2160, Lot 5 and Block 2160, Lot 1, on the official Tax Map of the City of Passaic and located at 109 Howe Avenue and 336 Gregory Avenue, respectively; and WHEREAS, taxpayer has filed property tax appeals against the City of Passaic for tax years 2020, 2021 and 2022 in a matter entitled Madonna Multinational Home for FNRL v. City of Passaic, which is presently pending in the Tax Court of New Jersey; and WHEREAS, the total refund for the proposed settlement offer is $11,865.74; and 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 matter entitled Madonna Multinational Home for FNRL v. City of Passaic, so that for the tax years 2020 and 2021 the total assessment of $1,008,400 will be reduced to $850,000; and so that for the tax year 2022 the total assessment of $1,008,400 will remain; resulting in a total refund to the taxpayer of $11,865.74. Page 11 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE 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 NO.23-04-131 RESOLUTION AWARDING CONTRACT FOR RECREATION UNIFORMS YEAR 2023-2024 WHEREAS, bids were received by the Director of Purchasing on Tuesday, March 28, 2023, for Recreation Uniforms Year 2023-2024; and WHEREAS, a bid was received by Jonah’s Enterprises Inc. of Brooklyn, NY, and was deemed non-responsive as per NJ State Statute 40A:11-23.2; and WHEREAS, a list of vendors that downloaded specifications from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, bids were received as per the attached: WHEREAS, the items that the City did not receive prices on will be re-bid WHEREAS, it is the recommendation of Cindy Gomez, Record Support Technician that the lowest responsible, responsive bidders, DOT Designing of Monroe Twp., NJ be awarded the contract in the amount of $22,347.00 and Riddell All American of North Ridgeville, OH in the amount of $ 33,147.50 for an aggregate amount of $55,494.50 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Recreation Page 12 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Uniforms – 2023-2024 be awarded to DOT Designing of Monroe Twp., NJ in the amount of $ 22,347.00 and Riddell All American of North Ridgeville, OH in the amount of $ 33,147.50 for an aggregate amount of $ $55,494.50 BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total amount of this contract and will be ordered on an as-needed basis. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in 2022 CDBG Multi Sports Program Account #B-12-48-BG2-399-868 – Multi Sport and Account #3-01-28-370-000-032 Recreation CITY OF PASSAIC RESOLUTION NO. 23-04-132 RESOLUTION AUTHORIZING CITY OF PASSAIC TO ENTER INTO 2023 SUMMER YOUTH WORKSITE AGREEMENT WITH PASSAIC COUNTY WORKFORCE DEVELOPMENT CENTER WHEREAS, the Passaic County Workforce Development Center (“PCWDC”) is operating the 2023 Workforce Investment Act (“WIA”) summer youth program designed to provide basic skills, remediation, vocational exploration and education opportunities for eligible Passaic County youth ages sixteen (16) to twenty-four (24); and WHEREAS, the City of Passaic wishes to enter into the attached Work Site Agreement with the PCWDC governing the City’s participation in the 2023 summer youth program; and Page 13 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic and PCWDC mutually agree to be subject to the terms and conditions of the Work Site Agreement attached hereto; and WHEREAS, the attached Work Site Agreement shall be valid from July 10, 2023 through August 24, 2023. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Work Site Agreement for the Passaic County Workforce Development Center’s 2023 summer youth program; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Personnel Office are hereby authorized and directed to undertake any and all other necessary actions to effectuate the City’s participation in this program. CITY OF PASSAIC RESOLUTION NO.__23-04-133 RESOLUTION DESIGNATING BLOCK 1003 LOTS 6 & 20, |WHICH IS LOCATED AT 113 & 99-107 FOURTH STREET AS AN AREA IN NEED OF REHABILITATION WHEREAS, it has been determined by the Planning Board of the City of Passaic that Block #1003 Lots 6 & 20 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 Page 14 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 April 19, 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 #1003 Lots 6 & 20. 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 Page 15 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC be necessary and appropriate in furtherance of each redevelopment plan's goals and objectives. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 23-04-134 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2023 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Department of Community Affairs Local Recreation Improvement Grant Program; and WHEREAS, such grant is in the amount of $76,000 and will be used to support the completion of the Colonel Johnson Park Improvements Project that includes new inclusive playground equipment and the addition of a new splash pad; 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 the grant funds in the amount of $76,000 from the New Jersey Department of Community Affairs Local Recreation Improvement Grant Program; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk and Department of Recreation are hereby authorized to execute any other documents and/or undertake any other such action necessary to effectuate receipt of these funds. Page 16 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO.23-04-135 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF URBIN DISTRIBUTION 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, urBin Distribution LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and Page 17 of 23 Passaic City Council Minutes: April 27, 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 urBin Distribution LLC; and WHEREAS, urBin Distribution LLC wishes to operate as a Class 3 Wholesale and Class 4 Distribution of cannabis under New Jersey State License within the City of Passaic located at 65 South 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 licenses being sought by urBin Distribution 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. 23-04-136 RESOLUTION OF THE CITY OF PASSAIC ENDORSING “REVOLUTIONNJ” WHEREAS, Governor Philip Murphy and the New Jersey State Legislature created RevolutionNJ in 2018 to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, New Jersey’s pivotal role in the American Revolution, and the contributions of its diverse peoples to the nation’s past, present, and future; and WHEREAS, the New Jersey Historical Commission, under the leadership of Secretary of State Tahesha Way, with its non-profit partner Crossroads of the American Revolution established RevolutionNJ to advance the role that history Page 18 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC plays in public discourse, community engagement, education, tourism, and scholarship in New Jersey; and WHEREAS, RevolutionNJ will engage New Jerseyans in all 21 counties and 564 municipalities through its officially recognized programs, initiatives, and events over the next ten years; and WHEREAS, it is fitting and desirable that we commemorate the beginning of the Nation and the role New Jersey played over the past 250 years as well as its present and future role as part of the United States, with particular focus on the individuals, ideas, and events that shaped our Country, State, and the City of Passaic; and WHEREAS, RevolutionNJ will consider the role New Jersey played during the American Revolution when it saw more battles and skirmishes than any other state and was truly the Crossroads of the American Revolution; and WHEREAS, RevolutionNJ will highlight the role New Jerseyans played beyond the battlefield during the American Revolution when people of diverse backgrounds contributed to the development of the State and the Nation in various ways and fought for the right to life, liberty, and the pursuit of happiness; and WHEREAS, preserving, studying, and enjoying state history strengthens communities and builds bonds between New Jersey residents as we work together toward the goals of justice and equality embedded in the United States Constitution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic endorses RevolutionNJ and its mission to advance the role that history plays in public discourse, community engagement, education, tourism and scholarship in New Jersey.; and BE IT FURTHER RESOLVED that: Page 19 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 1. The City Council of the City of Passaic commemorates the 250th anniversary of the establishment of the United States as an independent Nation. 2. The City Council of the City of Passaic authorizes the appointment of a committee to develop a plan for this commemoration that will promote the maximum involvement of our residents, neighborhoods, businesses, schools, civic organizations, and institutions in the commemorations. 3. The City Council of the City of Passaic further urges all its residents to reflect upon the significance of this event and the role that our State and its diverse people have played in the history and development of our Nation and to participate in this important commemoration, endeavoring to include the stories of all those whose lives are part of the history of what we now know as New Jersey, and understanding that the revolution continues today as we uphold the revolutionary ideals articulated in our founding documents. 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._2395-23 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 405 Handicapped Parking Spaces. Page 20 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 406 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 # 87 Henry Street South Beginning at a point 228 U72BPN feet east of the easterly curbline of Myrtle Avenue and extending to a point 22 feet easterly therefrom 367 Highland South Beginning at a point 211 B30PSG Avenue feet east of the easterly curbline of Federal Street and extending to a point 22 feet easterly therefrom 335 Lafayette East (Across the Street) HZ5290 Avenue Beginning at a point 199 feet north of the northerly curbline of Broadway and extending to a point 18 feet northerly 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: Page 21 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADDITION: NAME OF STREET SIDE LOCATION PLATE # 367 Highland South Beginning at a point 211 J42RZD Avenue feet east of the easterly curbline of Federal Street and extending to a point 22 feet easterly therefrom 129 Jackson South Beginning at a point 146 Z26RWV Street feet east of the easterly curbline of Lexington Avenue and extending to a point 22 feet easterly therefrom 335 Lafayette West Beginning at a point 199 HZ5290 Avenue feet north of the northerly curbline of Broadway and extending to a point 22 feet northerly therefrom 8 Market Street West (Across of Street) M41RVP Beginning at a point 45 feet north of the northerly curbline of South Street and extending to a point 22 feet northerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on May 11, 2023. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 22 of 23 Passaic City Council Minutes: April 27, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 MAYOR’S REPORT  The mayor reminded citizens that there will be a municipal election on May 9. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Melo the meeting was adjourned at 10:24 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 23 of 23

Agenda

City Council Agenda: April 27, 2023 City of Passaic New Jersey CITY COUNCIL https://drive.google.com/drive/folders/1-cl5Jh4Y-0pw6NcX9e_QbYlv8j-0csIZ?usp=share_link REGULAR MEETING AGENDA April 27, 2023 7:00 P.M. IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY FAX TO THE HERALD NEWS AND PUBLISHED ON APRIL 11, 2023 PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS RE-SCHEDULED THEIR APRIL 25, 2023 COUNCIL MEETING TO THURSDAY, APRIL 27, 2023, AT 7:00 PM TO BE HELD IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY IN PERSON AND VIRTUAL THROUGH HYBRID COMMUNICATIONS EQUIPMENT IN CONFORMANCE WITH THE DIRECTIVES OF THE STATE OF NEW JERSEY. 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 THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS.) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. PRESENTATION:  Certificates of recognition to -Passaic Youths that Participated in the Passaic County’s Annual Poster Contest V. MAYOR’S UPDATE VI. MINUTES: February 7, 2023 City Council Meeting. VII. HEARING OF CITIZENS In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting…” Page 1 of 4 City Council Agenda: April 27, 2023 Therefore, please be advised that the Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which a person intends to intimidate any individual or group because of race, color, religion, gender, handicap, sexual orientation or ethnicity or makes comments intending to harass or speak any offensive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. VIII. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) 1. ORDINANCE NO. 2392-23 ORDINANCE AMENDMENT TO THE CITY OF PASSAIC TOWING AND STORAGE FEE SCHEDULE ORDINANCE 2. 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 3. ORDINANCE NO. 2394-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER IX. COMMUNICATION 4. Kehlias Eitz Chaim, 371 Brook Avenue, submitting application to hold a Procession on May 21, 2023 from 3:30 p.m. to 5:00 p.m. The Procession will commence at 385 Terhune Avenue travel to Elwood Avenue to Brook Avenue ending at 231 Brook Avenue (Contingent Upon Departmental Approvals) 5. Ukraine Congress Committee (Marie Duplak) 240, submitting an application to hold an Informational Session at 240 Hope Ave on April 30, 2023, from 1:00 p.m. to 3:00 p.m. (Contingent upon Departmental Approvals) 6. The Crowne Place Corp LLC – 830 Main Ave, submitting application for New Entertainment License for the year 2023. ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. 6a. Hon. Hector C. Lora, Mayor, submitting the following:  Dr. Ruth Hayes Proclamation 7. Paul A. Sarlo, Senator District 36, submitting the following correspondence:  Award letter -Local Recreation Improvement Grant 8. Passaic Municipal Court Report March 2023 9. NJ Department of Environmental Protection, submitting the following:  Suspected hazardous Discharge Notification NJDEP Case Number: 23-04-11- 1204-22  LSEP General Information Notice- 35 8th Street 10. Passaic Valley Water Commission submitting the following:  Minutes of their February 22, 2023 meeting 11. Mita Realty, Edison, NJ, submitting the following: Notice to property owners within 200ft of Development: 35 Linden Street, Passaic (City of Passaic-Planning Board Hearing) 12. Borough of East Rutherford, submitting correspondence re: Amendment to the Housing Element and Fair Share Plan of East Rutherford Page 2 of 4 City Council Agenda: April 27, 2023 13. Passaic Enterprise Zone Development Corporation, submitting Resolution 23-24 Establishing their meeting dates for 2023 14. Passaic County Mosquito Control, submitting correspondence re: spraying of adult mosquitos 15. First Environment, submitting the following:  Response Action Outcome, Remedial Action Type: Unrestricted Use, 70-80 Liberty Street 16. Whitestone, submitting the following:  Notice of Discharge to Surface Water Clean Up Permit, 74-120 Eighth Street and 122-152 Eighth Street X. RESOLUTIONS 17. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON APRIL 27, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 18. RESOLUTION AWARDING CONTRACT FOR RECREATION SPORTS EQUIPMENT AND SUPPLIES YEAR 2023-2024 (Awarded to Riddell All American of North Ridgeville, OH, 10,986.90. BSN Sports LLC of Dallas, Texas the amount of $ 35,915.14) 19. RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED MADONNA MULTINATIONAL HOME FOR FNRL v. PASSAIC $11,865.74 20. RESOLUTION AWARDING CONTRACT FOR RECREATION UNIFORMS YEAR 2023- 2024 (Awarded to Dot Designing of Monroe Twp, NJ in the amount of $22,347.00 and Riddell All American of North Ridgeville, OH, in the amount of $ 33,147.50) 21. RESOLUTION AUTHORIZING CITY OF PASSAIC TO ENTER INTO 2023 SUMMER YOUTH WORKSITE AGREEMENT WITH PASSAIC COUNTY WORKFORCE DEVELOPMENT CENTER 22. RESOLUTION DESIGNATING BLOCK 1003 LOTS 6 & 20, WHICH IS LOCATED AT 113 & 99-107 FOURTH STREET AS AN AREA IN NEED OF REHABILITATION 23. RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2023 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM 24. RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF URBIN DISTRIBUTION LLC CANNABIS BUSINESS LICENSURE 25. RESOLUTION OF THE CITY OF PASSAIC ENDORSING “RevolutionNJ” XI. ORDINANCE FOR INTRODUCTION AND FIRST READING: 26. ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER XII. PAYMENT OF BILLS XIII. ADMINISTRATOR’S REPORT XIV. MAYOR’S REPORT XV. ADJOURNMENT (Next meeting of the City Council – MAY 11, 2023, at 7:00 PM) Page 3 of 4 City Council Agenda: April 27, 2023 JOIN MEETING LINK: https://us02web.zoom.us/j/89892612341 MEMBERS OF THE PUBLIC, WHO WOULD LIKE TO PARTICIPATE DURING THE PUBLIC PORTION FOR PUBLIC COMMENT, CAN CALL-IN AT 929 436 2866 US (New York) AND ENTER THE MEETING ID # 898 9261 2341 For residents dialing in please be advised to Press *6 to mute or unmute your phone Press *9 to raise your hand and indicate you would like to speak Page 4 of 4

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