City Council

City of Passaic New Jersey Passaic City Council May 11, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON THURSDAY, MAY 11, 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 MAY 11, 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 MAY 01, 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 X ABSENT 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. Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S UPDATE • Mayor Lora congratulated Council President Schaer, Councilwoman Thania Melo and Councilman Members Chaim Munk on their reelection, and councilwoman elect Maritza Colon-Montanez on her election. • May 4 was the National Day of Prayer. • On May 5 Council General of Mexico-NY and Council General of Mexico-NJ visited Passaic to lay a wreath at the statue of general Zaragoza. • Tuesday, May 9 was the fire memorial service for Passaic’s fallen firefighters. Over the last 70 years 12 Passaic firefighters have fallen. • Union Baptist church, under Rev Courtney Haigler, held their 10th anniversary celebration. • Department of Recreation held the baseball and softball alumni game over the weekend. • Diane McNair hosted a Mother’s day painting program over the weekend. • He thanked everyone involved in their assistance in resolving a police involved shooting. Council Member Love took his seat on the dais at 7:11 p.m. MINUTES Council Meeting Minutes for February 28, 2023 were submitted for approval. Upon motion made by Council Member Garcia 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: Page 2 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. Council Member Munk stepped away from the dais at 7:41 p.m. Council Member Munk returned to the dais at 7:43 p.m. Yosef Wolf, 71 Spring St • Re Item #25 - does contract cover emergency sewer work? • Is Passaic open to getting more surveillance on main thoroughfares? Joe Conoscenti, 170 Broadway • Have any new veteran banners been put up in the last three months? • When will names be added to the Wall of Honor outside council chambers? • What happened to the military Hummers donated to the city? • Storm drains are filled with water and debris. A peanut cart on Lexington Ave and one on Jefferson Ave have been emptying used oil into the storm drains. • Have any summons been given to the property at 147-149 Broadway? • What is the status of dirt bikes on sidewalks? 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 Page 3 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 2395-23 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 Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member 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 Melo and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Page 4 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City of Passaic (Department of Recreation), 330 Passaic Street submitting the following applications: • International Dance Day, on April 29, 2023 from 12:00 pm to 3:00 pm in Third Ward Park. • Mayor’s Baseball Special/Alumni, on May 6, 2023 from 11:00 a.m. to 8:00 p.m. in Boverini Stadium Baseball and Softball fields. (Rain Date: May 7, 2023). • Mother’s Day Painting, on May 7, 2023 from 1:00 p.m. to 4:00 p.m. in the Senior Center. • Mayor’s Family Bike Ride, on May 21, 2023 from 10 a.m. to 2:00 p.m. within the confines of Third Ward Park. Passaic Public School No. 21, submitting application to hold a School Field Trip on May 18, 2023 from 4:00 p.m. to 5:30 p.m. to Third Ward Park (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 Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted The Fountain Church, 45 Hamilton Avenue, submitting an application to hold an Indoor Prayer Service, on May 1, 2023 from 7:00 p.m. to 9:00 p.m. at 45 Hamilton Avenue. Dexter Allen, 12 Linden Street, submitting application to hold a Charity Event- Cooked Food Give-A-Way, on May 13, 2023 from 1:00 p.m. to 3:00 p.m. on the sidewalk in front of 220 6th Street (Contingent Upon Departmental Approvals) Bais Medrash L’Torah, 181 Lafayette Avenue, submitting application to hold a Bonfire on May 8, 2023 from 8:00 p.m. to 10:00 p.m. at 181 Lafayatte Avenue (private property) (Contingent Upon Departmental Approvals) Page 5 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC YBH of Passaic, 270 Passaic Avenue, submitting application to hold a Field Day/Color War on May 9 and May 30, 2023 from 10:30 a.m. to 2:00 p.m. in Third Ward Park (field area) (Contingent Upon Departmental Approvals) ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Melo and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting the following: • Notice of their May 01, 2023, Annual Organization Meeting ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer 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 Munk 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: Page 6 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Proclamation honoring Reverend Dr. William F. Baskerville Passaic Industrial Center Associates, New York , NY, submitting the following: Community Outreach Program – Passaic Industrial Center Environmental Remediation 88- 90 Dayton Ave (Block 4054, Lots 4,39,50&70) City of Passaic , Passaic County LANGAN, submitting the following: Copy of NJDEP Application for Upland Waterfront Development Permit 2-12 South Market Street Redevelopment Block 1030, Lot 43 City of Passaic, Passaic County, New Jersey (File available for review in: In the City Clerk’s Office) NJ Department of Transportation submitting correspondence re: NJDOT Fiscal Year 2024 State Aid City of Passaic Planning Board, submitting the following: • Notice of their May 3, 2023 meeting North Jersey Water Supply Commission, submitting the following: • Notice and Agenda of their April 26, 2023 meeting • Minutes of their March 22, 2023 Meeting Passaic Valley Water Commission submitting the following: • Agenda of their April 26, 2023 meeting NJ Department of Environmental Protection, submitting the following: • LSEP General Information Notice- 2-12 South Market Street City of Passaic, Alcoholic Beverage Control Board, submitting the following: • Notice and Agenda of their April 20, 2023 meeting ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X X X Page 7 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON MAY 11, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEM WAS VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO.23-04-137 RESOLUTION AUTHORIZING DELGADO BROTHERS FOR EMERGENCY ON-CALL SERVICES FOR SANITARY SEWER MATTERS WHEREAS, on June 30, 2022, the City of Passaic’s contract with Mott McDonald of Iselin, NJ for Sanitary Sewer Maintenance expired; and WHEREAS, while awaiting a contract award for the Operation and Maintenance of the Wastewater and Sewerage Removal System, the City of Passaic contracted out an Emergency Contract to Delgado Brothers, of Passaic, NJ for Emergency On-Call Services For Sanitary Sewer Matters; and WHEREAS, emergency contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, it was the determination of Vivian Vergel, Principal Drafting Technician, that without this on-call service to handle sanitary sewer matters, it would affect the health and safety of the community; and Page 8 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the cost of these services from July 1, 2022, thru December 31, 2022, was $486,500.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for the Emergency On- Call Services for Sanitary Sewer Matters from July 1, 2022, thru December 31, 2022, in the amount of $ 486,500.00 from Delgado Brothers, Passaic, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #2-07-55-505-000-029-Maintenance Contractual. ROLL CALL Munk Love Melo Schwartz Garcia CP Schaer X X X X ABSTAIN X THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO.23-04-138 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE NEIGHBORHOOD PRESERVATION PROGRAM PROJECT FY 2023 NPP-ARP TO THE NJ DEPARTMENT OF COMMIUNITY AFFAIRS WHEREAS, the City of Passaic desires to apply for and obtain a grant from the NJ Department of Community Affairs Page 9 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC titled FY 2023 Neighborhood Preservation Program (NPP)- American Rescue Plan (ARP) Grant for approximately $250,000 to repair and replace sidewalks and cellar doors located in the City of Passaic Neighborhood Preservation Program (NPP) district; and WHEREAS, these activities are linked to the City of Passaic Neighborhood Preservation Program Year 3 Implementation Plan, which includes streetscape improvements, are expected to concentrate on those locations in the district where NPP Events have been held over the past two years, and are consistent with the NPP Policies and Procedures; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds; and NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for the 2023 Neighborhood Preservation Program Project FY 2023 NPP-ARP Grant in the amount of approximately $250,000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also, upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Passaic and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: Page 10 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._23-04-139 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 8/1/2022 and a refund is due them; 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 and for the Tax Collector to cancel the below taxes and adjust her records accordingly; Block/Lot Owner / Property Cancel Refund Tax Year 3265/45/C001D Patel, Jaydeep 1,750.19 1,750.19 2022 5-13 ascension St. 2,087.65 1,043.83 2023 Total Refund $2,794.02 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 Page 11 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it has been determined that the proposed settlement offer is in the best interest of the City of Passaic; and WHEREAS, the City of Passaic wishes to accept the proposed settlement offer of Counsel for the taxpayer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that City of Passaic is hereby authorized to accept the proposed settlement offer for the 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. 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.23-04-140 RESOLUTION AUTHORIZING THE ACCEPTANCE OF DRUG ENFORCEMENT DEMAND REDUCTION (DEDR) FUND GRANT AWARD FOR FY 2024 WHEREAS, the City of Passaic Municipal Alliance has previously applied for the Drug Enforcement Demand Reduction (“DEDR”) fund grant being offered through the County of Passaic (“County”) for FY 2024 (7/1/23 – 6/30/24); and WHEREAS, the Passaic Municipal Alliance was recommended for DEDR funding in the amount of $17,311.87, contingent upon the Passaic Municipal Alliance producing Page 12 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the required 25% Cash Match ($4,327.97) and 75% In-Kind Match ($12,983.90); and WHEREAS, it is the desire of the Passaic Municipal Alliance to accept the maximum grant award being allotted from the County subject to the terms and conditions of the Grant Agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the Passaic Municipal Alliance is hereby authorized to accept the DEDR grant award from the County of Passaic for FY 2024 subject to the terms and conditions set forth in the Grant Agreement; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Grant Agreement attached hereto and any other documents necessary to effectuate receipt of these funds. CITY OF PASSAIC RESOLUTION NO. 23-04-141 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A DONATION FROM PITCH IN FOR BASEBALL EQUIPMENT GRANT PROGRAM WHEREAS, the City of Passaic applied to receive donated baseball equipment from the Pitch In For Baseball Equipment Grants Program; and WHEREAS, the Recreation Department has received notice that the City of Passaic was selected to receive equipment through the grant program; and WHEREAS, such donation of various baseball equipment is valued in the amount of $1,930.14; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby Page 13 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC authorized to accept the donation of equipment valued in the amount of $1,930.14 from the Pitch In For Baseball Equipment Grant; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute the required Contract Agreement and/or take all other steps necessary to effectuate the receipt of the equipment. CITY OF PASSAIC RESOLUTION NO.__23-04-142 RESOLUTION AUTHORIZING A CONTRACT WITH PEIRCE EAGLE EQUIPMENT FOR THE RENTAL OF A TANDEM AXLE VAC CON COMBINATION MACHINE FOR CLEANING STORM INLETS WHEREAS, it has become necessary for the City of Passaic to rent a Tandem Axle Vac-Con combination machine for cleaning sanitary storm inlets; 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, Peirce Eagle Equipment Company of Branchburg, NJ has been awarded this contract for the rental of this truck under Hunterdon County Educational Services Commission Co-op #HCESC-Cat-21-06; and WHEREAS the cost of the rental for this equipment is $ 11,400.00/month; and WHEREAS, the City of Passaic is estimating that the rental will be for approximately four (4) months for the calendar year 2023 with an estimated amount of $45,600.00; and Page 14 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic wishes to contract with Peirce Eagle Equipment of Branchburg, NJ for the Rental of a vac truck, in the estimated amount of $45,600.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for the emergency rental of a vac truck for approximately four (4) months in the estimated amount of $45,600.00 from Peirce Eagle Equipment Co, of Branchburg, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account # 3-07-55- 502-000-9ER. CITY OF PASSAIC RESOLUTION NO. 23-04-143 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF HEALTH STRENGTHENING LOCAL PUBLIC HEALTH CAPACITY 2024 PROGRAM WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Department of Health Strengthening Local Public Health Capacity; 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the New Jersey Department of Health Strengthening Local Public Capacity Program. Page 15 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the City of Passaic, 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 Health Strengthening Local Public Health Capacity Program. CITY OF PASSAIC RESOLUTION NO.23-04-144 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FY2024 NEW JERSEY DIVISION OF HIGHWAY TRAFFIC AND SAFETY PEDESTRIAN SAFETY GRANT PROGRAM WHEREAS, the City of Passaic has received notification from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Highway Traffic Safety, regarding a grant for the FY2024 Pedestrian Safety Grant Program; and WHEREAS, under the Pedestrian Safety Grant Program $35,000.00 in funding may be utilized from October 1, 2023, to September 30, 2024, for law enforcement personnel costs; and WHEREAS, the City of Passaic Police Department wishes to submit an application for this grant. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic Police Department is hereby authorized to submit a FY2024 grant application to the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Highway Traffic Safety in the amount of $35,000.00 for law enforcement personnel costs under the Pedestrian Safety Grant Program. BE IT FURTHER RESOLVED that the Passaic City Police Department, Mayor and City Clerk are hereby authorized to Page 16 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC take all necessary action to file this application and to accept grant funds from the State of New Jersey CITY OF PASSAIC RESOLUTION NO. 23-04-145 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF HEALTH FY 2024 CHILDHOOD LEAD EXPOSURE PREVENTION (CLEP) GRANT PROGRAM WHEREAS, the City of Passaic has learned of the availability of funding from the New Jersey Department of Health, Childhood Lead Exposure Prevention (CLEP) Grant Program; 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the New Jersey Department of Health, Childhood Lead Exposure Prevention (CLEP) Grant Program. BE IT FURTHER RESOLVED that the City of Passaic, 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 Health, Childhood Lead Exposure Prevention (CLEP) Grant Program. Page 17 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-04-146 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE NATIONAL WIC ASSOCIATION STRENGTHENING AND DIVERSIFYING THE WIC WORKFORCE (IBCLC) SUBGRANT WHEREAS, the City of Passaic wishes to submit an application for the National WIC Association, Strengthening and Diversifying WIC Workforce Subgrant; and WHEREAS, the purpose of the Program is to strengthen the WIC’s program of RDs and IBCLCS for the purpose of not only serving individuals to provide vital nutrition and breastfeeding education and support, but to ensure WIC professionals are diverse and reflective of the communities they serve; and WHEREAS, the City of Passaic, as a municipality, is eligible to apply for funding through this Program; and WHEREAS, there is a 18-month project period associated with the Program set to begin May 2023; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application for the National WIC Association, Strengthening and Diversifying WIC Workforce Subgrant subject to the terms and conditions set forth in the grant guidance attached hereto; 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. Page 18 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-04-147 RESOLUTION AUTHORIZING A CONTRACT WITH PEIRCE EAGLE EQUIPMENT FOR THE EMERGENCY RENTAL OF A TANDEM AXLE VAC CON COMBINATION MACHINE FOR ON-CALL SANITARY SEWER MATTERS WHEREAS, on June 30, 2022, the City of Passaic’s contract with Mott McDonald of Iselin, NJ for Sanitary Sewer Maintenance expired; and WHEREAS, the City of Passaic had to rent a Tandem Axle Vac truck for emergency sanitary sewer issues from July 1, 2022, thru December 31, 2022; and WHEREAS, emergency contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, it is the determination of Vivian Vergel, Principal Drafting Technician, that without this equipment to handle sanitary sewer matters, it would affect the health and safety of the community; and WHEREAS the cost of the rental for this equipment is $ 11,400.00/month; and WHEREAS, the rental was for approximately six (6) months totaling $ 68,400.00; and WHEREAS, the City of Passaic has contracted with Peirce Eagle Equipment of Branchburg, NJ, for the Emergency Rental of the Vac truck, in the amount of $ 68,400.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for the emergency rental of a Vac truck for six (6) months from July 1, 2022 thru December 31, 2022 in the amount of $ 68,400.00 from Page 19 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Peirce Eagle Equipment, of Branchburg, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #2-01-26-290- 000-028, and Account #2-07-55-505-000-020. CITY OF PASSAIC RESOLUTION NO. 23-04-148 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION AND ACCEPTANCE FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY 2023 CLICK IT OR TICKET STATEWIDE MOBILIZATION GRANT PROGRAM WHEREAS, the City of Passaic has received notification from the State of New Jersey Division of Highway and Traffic Safety, regarding the grant for the 2023 Click It or Ticket Statewide Mobilization Grant Program; and WHEREAS, $10,500 in overtime enforcement grant funding may be utilized during the Click It or Ticket Statewide Mobilization from May 22, 2023, to June 25, 2023, for law enforcement personnel costs; and WHEREAS the City of Passaic Police Department wishes to submit an application for this grant. NOW THEREFORE, BE IT RESOLIVED by the Council of the City of Passaic and the Passaic Police Department is hereby authorized to submit a FY2023 grant application to the State of New Jersey, Division of Highway and Traffic Safety for the 2023 Click It or Ticket Statewide Mobilization Grant Program. BE IT FURTHER RESOLVED that the Passaic City Police Department, Mayor and City Clerk are hereby authorized to take all necessary action to file this application. Page 20 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-04-149 RESOLUTION AUTHORIZING THE ISSUANCE OF ESTIMATED TAX BILLS WHEREAS, the City of Passaic has determined that the Municipal Tax Collector will be unable to complete the mailing and/or delivery of 2023 tax bills by June 15, 2023 as required by law, since the City’s tax rate has not yet been certified by the County; and WHEREAS, N.J.S.A. 54:4-66.2 provides that in the above circumstance the governing body may authorize and direct the Tax Collector to prepare and issue estimated tax bills for the third quarter 2023, as provided by statute, and such bills must be mailed to tax payers by June 30, 2023; and WHEREAS, N.J.S.A. 54:4-66.2 also provides that in the event that Estimated Tax Bills are issued, that Reconciled Tax Bills must also be issued for the same tax year by September 30, 2023; WHEREAS, it is in the best interests of the City of Passaic that said authorization be granted; WHEREAS, the Chief Financial Officer and the Tax Collector have computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3 and has attached a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic as follows: 1. The Tax Collector be and hereby is authorized and directed to prepare and issue estimated tax bills for the City of Passaic for the third Page 21 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC installment of 2023 taxes, and shall proceed and take such actions as are permitted and required by New Jersey statutes, specifically N.J.S.A. 54:4-66.2 and 54:4-66.3. 2. The entire estimated tax levy for 2023 is hereby set at $118,089,616.50_and the tax rate is set at $_3.996 per $100 of assessed valuation. 3. In accordance with the law, the third installment of 2023 taxes shall not be subject to interest until the later of August 10 or the 25th calendar day after the date the estimated tax bills are mailed. 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._2396-23 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 406 Handicapped Parking Spaces. 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 Page 22 of 31  Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 # 436 Highland East (Pine Street) Beginning at C42MCF Avenue a point 35 feet north of the northerly curbline of Highland Avenue and extending to a point 22 feet northerly therefrom 166 Hope Avenue East Beginning at a point 119 L96LNA feet north of the northerly curbline of Van Buren Street and extending to a point 22 feet northerly therefrom 16 Van Buren North Beginning at a point 201 9842HG Street feet west of the westerly curbline of Park Avenue and extending to a point 20 feet westerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 436 Highland East (Pine Street) Beginning at N25PKX Avenue a point 35 feet north of the northerly curbline of Highland Avenue and Page 23 of 31  Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC extending to a point 22 feet northerly therefrom 166 Hope Avenue East Beginning at a point 119 Y54JVW feet north of the northerly curbline of Van Buren Street and extending to a point 22 feet northerly therefrom 16 Van Buren North Beginning at a point 201 Y57PGL Street feet west of the westerly curbline of Park Avenue and extending to a point 20 feet westerly 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 23, 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._2397-23 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; Page 24 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Passaic,” is hereby amended by replacing Chapter 297-5 (Fees) in its entirety, amending and replacing Chapter 297-6(E) (Trespass towing and booting) in its entirety and creating new Chapter 297-7 (Hours of operation) as follows: All deletions are stricken through all additions are underlined SECTION I 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 Page 25 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (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 (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 Page 26 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (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 (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 Page 27 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (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 (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. H. The invoice must provide an itemized breakdown of fees, allowing the vehicle owner to clearly understand the charges. I. If a vehicle is towed due to the tower's error, the individual or entity whose vehicle was towed shall not be responsible for any fees. SECTION II Page 28 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Chapter 297 Vehicles, Towing of 297-6 Trespass towing and booting. E. No vehicle shall be removed unless to a storage facility located at a distance no greater than one mile from the municipal boundaries of the City of Passaic. Tows of vehicles partially or completely on public property must be directed by the Passaic Police Department, and if any such tow occurs without Police direction, the tower forfeits their fees. SECTION III Chapter 297 Vehicles, Towing of 297-7 Hours of operation. A. The facility must be open for vehicle access, release and retrieval from 7:00 AM to 8:00 PM daily. Access shall further be made available from 8:01 PM to 11:00 PM; however the Tower may impose an additional after-hours release charge of $50.00. No storage fee shall be charged for holidays if vehicle retrieval is not allowed. If a person attempts to retrieve their vehicle during the established hours, but the towing company is unavailable for release, no additional storage fee shall be charged for that day. B. Vehicles towed and stored for less than four hours during operating business hours shall not be charged a storage fee for that day. C. Vehicles towed, stored, and released within a 24- hour period will only be charged a storage fee for one day. SECTION IV 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 V All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION VI This ordinance shall take effect upon publication as provided by law. Page 29 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on May 23, 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 Council Member Love congratulated re-elected council members and welcomed newly elected councilwomen-elect Maritza Colon-Montanez. 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 8:30 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 30 of 31 Passaic City Council Minutes: May 11, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Page 31 of 31