City Council

City of Passaic New Jersey Passaic City Council July 19, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON WEDNESDAY, JULY 19, 2023 AT 7:00 P.M. Weatherly Frias,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 July 19, 2023 City Council Meeting 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 JULY 17, 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 JULY 18, 2023 COUNCIL MEETING TO WEDNESDAY, JULY 19, 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. ALL AGENDA ITEM WILL CARRIED TO THE JULY 19, 2023 MEETING. BE FURTHER ADVISED THE HEARING ON THE BUDGET AND TAX RESOLUTION HAS BEEN RESCHEDULED FROM JULY 18, 2023 TO WEDNESDAY, JULY 19, 2023 AT 7:00 P.M. AT WHICH TIME AND PLACE OBJECTIONS TO THE BUDGET AND TAX RESOLUTION FOR THE FISCAL YEAR 2023 MAY BE PRESENTED BY TAXPAYERS OR OTHER INTERESTED PERSONS. 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 JUNE 30, 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Love took his seat on the dais at 7:04 p.m. MAYOR’S UPDATE • Mexican consulate for NJ – Arianne Diaz – Mi Casas Puebla Consulate Services in New Brunswick NJ • concerts in the park – Grupo Macal 20th anniversary • The mayor presented to NJTPA, Port Authority regarding pedestrian crossings, road improvements. • Columbian flag raising took place. • Do It In The Park took place on Saturday. • Scoreboards are now up in several Passaic parks. • Bleachers will be added at the Davis Avenue complex. • 200 kids and families received trophies for baseball, softball and other sports. • Passaic citywide campout will take place next week; three additional campouts will take place by September. • Passaic held a Goya food giveaway sponsored by various organizations. • Passaic seniors went on a cruise around the Statue of Liberty. • Market Street has additional lighting have been redesigned and installed. • Benson court lot is officially open. • Parking initiatives continue to look for additional potential parking areas in Passaic. • The administration is focusing on quality of life issues i.e. loitering and littering in Passaic. Page 2 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. John Willis • Mr. Willis Addressed the topic of Mayor Lora's Facebook posts. A meeting was held involving members of the Board of Education and City of Passaic employees, which focused on discussing opportunities for the youth of Passaic. He questioned the outcome of this meeting. • Additionally, during the week of Juneteenth, Mayor Lora invited Dr. Elena Ochoa to speak about her new STEM children's book at a school named after her in Passaic. Questioning why a prominent African-American figure wasn't invited to speak during that specific week Joe Conoscenti • Who is paying for the flags put up at Passaic Avenue? • Why is the city buying a 2023 Ford Edge SUV for code enforcement? • Can next year’s Fourth of July celebration be in Passaic stadium? • What kind of improvements are being made at Colonel Johnson Park? • At 413-417 Paulison Avenue, why is property tax waived? • Parking meters at Broadway meter timer is not synced to the app. • Who authorized a Passaic resident to video the last meeting on July 6? Page 3 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Yosef Wolf • He attended a planning board meeting being run by the attorney, who oversees the meeting? Documents are not available on the website. • Regarding tax breaks, why is there only a 5-year or a 30-year tax abatement? Aryeh Mack • The corner of Van Houten and Howe Street is dangerous, people are being hit by cars at that corner. • Why at each meeting is the discussion of disabled parking? Mayor Lora stepped away from the dais at 7:25 p.m. Mayor Lora took his seat on the dais at 7:27 p.m. Mayor Lora stepped away from the dais at 7:25 p.m. Mayor Lora took his seat on the dais at 7:30 p.m. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Munk took his seat on the dais at 8:02 p.m. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2401-23 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) (INTRODUCED AT THE JUNE 13, 2023 MEETING) Page 4 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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 City of Passaic (Administration), 330 Passaic Street submitting the following applications • Family Festival, at Third Ward Park on September 07, 2023, through September 10, 2023, (Thursday through Friday 6:00p.m – 10:00 p.m.; Saturday & Sunday 3:00 p.m. – 10:00 p.m.) (Contingent Upon Departmental Approvals) Page 5 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Peruvian Parade Inc., Luis Ona, P.O. Box 2452, Paterson NJ submitting an application to hold a Parade, on July 30, 2023, from 10:00 a.m. to 12:00 p.m. the Parade will commence on the corner of Main Ave and Gregory Ave and will travel all Main Ave to termination point Highland Ave and continue to City of Clifton (Contingent Upon Departmental Approvals) St. Nicholas Ukrainian Catholic Church, Reverend Andriy Dudkevych, 217 President St, Passaic, submitting an application to hold their Annual Church Festival, at 217 & 223 President St (private parking lot), on September 17, 2023, from 12:00 p.m. to 9:00 p.m. (Contingent Upon Departmental Approvals) Christian Pentecostal Church, Pastor Esteban Aponte, 63 Linden St, Passaic NJ submitting an application to hold an Outdoors Worship Services, on August 22, 24, 25, 2023 from 7:00 p.m. to 9:30 p.m. 86 Market Street (private parking lot) (Contingent Upon Departmental Approvals) Our Lady of Fatima, Rev. Roland Uribe, 153 Washington Place, Passaic NJ submitting an application to hold a Picnic/ Kermes, on August 20, 2023, from 9:00 a.m. to 3:00 p.m. at 153 Washington Place (Rectory Backyard)(Contingent Upon Departmental Approvals) La Gran Parrillada, Bertha M. Gill 80 Passaic Ave, Passaic NJ submitting an application to hold a Picnic Festival, on September 03, 2023, from 10:00 a.m. to 8:30 p.m. at 140 First Street Parking Lot (Contingent Upon Departmental Approvals) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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. Page 6 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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: • McDonald’s Grand Re-Opening Proclamation Millennium Strategies submitting their monthly report as of June 2023. 249 Lexington Ave LLC, PO Box 71, Clifton, NJ submitting the following: Notice to property owners within 200ft of Development: 247 Lexington Ave A/k/a 249 Lexington Ave, Passaic NJ Passaic Enterprise Zone, submitting the following: • Minutes of their March 15, 2023 meeting NJ Department of Community Affairs submitting Press Release Re: Murphy Administration Announces More than $4.6 Million in Local Government Grant Awards in 2023 under the Shared Service Czar Program Dynamic Earth, submitting public Notification & Outreach for Site Remediation McDonald’s Restaurant #029-0272 15- 31 Central Ave, City of Passaic, Passaic County DuBois & Associates, submitting correspondence re: Freshwater Wetlands, Waterfront Development, and Flood Hazard Area Application Notice to Neighboring Landowners and Interested Parties Re: 27 8th Street, Warehouse Redevelopment Project North Jersey Water Supply Commission, submitting the following: • Notice and Agenda of their June 28, 2023 meeting • Minutes of their May 24, 2023 meeting Passaic Valley Water Commission, submitting the following: • Agenda of their June 28, 2023 meeting • Minutes of their May 24, 2023 meeting Passaic Municipal Court submitting their monthly report for June 2023. Page 7 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC New Jersey Department of Environmental Protection, submitting the following: • No Further Action Letter and Covenant Not to Sue – Area of Concern: One 550 Gal. #2 Heating Oil Underground Storage Tank System Unrestricted Use – Block 3299.02, Lot 1- 53 Main Ave (Aka 13 Benson Ave) • Correspondence Re: Individual NJPDES/DSW General Permit Authorization under the Category BGR Master General Remediation Clean-up Permit ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X CY 2023 BUDGET ADOPTION “PUBLIC HEARING REQUIRED" Council President Schaer called up for the second and final reading the following Resolution CY 2023 BUDGET ADOPTION “PUBLIC HEARING REQUIRED" Council Member Love moved a public hearing to be held on Resolution. 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 Resolution. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 8 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the resolution be adopted and motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X CITY OF PASSAIC RESOLUTION NO. 23-07-211 RESOLUTION CANCELLATION OF APPROPRIATED GRANT RESERVE BALANCES – AMERICAN RESCUE PLAN WHEREAS, there exists Appropriated Grant Reserves – American Rescue Plan on the balance sheet of the Current Fund; and WHEREAS, the balances of these reserves have been investigated and it has been determined that these reserves should be canceled: NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Passaic that the following Appropriated Grant Reserves, be hereby canceled to Unappropriated Grant Reserves. Local Fiscal Recovery Funds – $6,050,000 American Rescue Plan Council Member Love moved a public hearing to be held on resolution. 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 Resolution. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 9 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Love moved the resolution 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X CITY OF PASSAIC RESOLUTION ADOPTION OF THE CY 2023 MUNICIPAL BUDGET 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Melo stepped away from the dais at 8:22 p.m. Council Member Melo took her seat on the dais at 8:25 p.m. RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JULY 18, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Page 10 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Munk and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 23-07-213 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 6/22/23 for Block: 2160 Lot 5, also known as 109 HOWE Ave., Passaic, NJ, property owners: MADONNA MULTINATIONAL. The judgments entered for to tax years 2020 and 2021 reduced the assessments on the property for both tax years from 822,000 to 663,600; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for tax year 2020 and 2021. 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 2160/5 109 Howe Ave. Madonna Multinational 2020 $5,909.90 2021 $5,955.84 Total Refund $11,865.74 CITY OF PASSAIC RESOLUTION NO._23-07-214 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED 120 PARK PL LLC V. CITY OF PASSAIC Page 11 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, 120 Park Pl LLC is the owner and/or taxpayer of real property located at 112 Park Place in the City of Passaic and identified as Block 2146, Lot 33, on the official Tax Map of the City of Passaic; and WHEREAS, taxpayer has filed property tax appeals against the City of Passaic for tax years 2019, 2020, 2021, 2022 and 2023 in a matter entitled 120 Park Pl LLC v. City of Passaic, which is presently pending in the Tax Court of New Jersey; and WHEREAS, the total estimated refund/tax credit for the proposed settlement offer is $31,072.00; 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 120 Park Pl LLC v. City of Passaic, so that for the tax years 2019, 2020 and 2021 the total assessment for the property of $5,100,000 will remain; and so that for tax year 2022 the total assessment for the property of $5,100,000 will be reduced to $4,900,000; and so that for the tax year 2023 the total assessment for the property of $5,100,000 will be reduced to $4,500,000; resulting in a total refund/tax credit owed to the taxpayer of $31,072.00. BE IT FURTHER RESOLVED that the taxpayer shall accept a refund of $7,768.00 for the settlement of tax years 2019 through 2022; and BE IT FURTHER RESOLVED that the taxpayer shall accept tax credits in the estimated amount of $23,304.00 (calculated using the 2022 general tax rate) for the settlement of tax year 2023, which shall be applied to the Page 12 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC next quarter taxes owed following the issuance of Judgments and thereafter applied to future tax quarter payments owed, until the total credit has been issued; and BE IT FURTHER RESOLVED that the governing body acknowledges the Tax Assessor’s agreement to set the 2024 assessment at $4,250,000; and 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._23-07-215 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE PASSAIC COUNTY CULTURAL AND HERITAGE COUNCIL (PCCHC)- COUNTY HISTORIC PARTNERSHIP PROGRAM (CHPP) 2023 WHEREAS, the City of Passaic has learned of the availability of funding from the Passaic County Historic Partnership Program for the Kindred Spirits Unity Sculpture; and WHEREAS, the Passaic County Historic Partnership Program (CHPP) provides valuable funding opportunities to support local arts initiatives up to $10,000; and WHEREAS, the City of Passaic desires to enhance and protect our historic resources for the benefit of current and future generations; and WHEREAS, said grant requires 50% matching funds from the City of Passaic; and Page 13 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Passaic County Historic Partnership 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 Passaic County Historic Partnership Program. CITY OF PASSAIC RESOLUTION NO._23-07-216 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE PASSAIC COUNTY CULTURAL AND HERITAGE COUNCIL (PCCHC)- PASSAIC COUNTY LOCAL ARTS PROGRAM (LAP) RE-GRANT PROGRAM 2023 WHEREAS, the City of Passaic has learned of the availability of funding from the Passaic County Local Arts Re-Grant Program for the Native American History Project; WHEREAS, said grant requires 50% matching funds 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 Passaic County Local Arts Re-Grant Program. BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to Page 14 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC file this application and to accept grant funds from the Passaic County Local Arts Re-Grant Program. CITY OF PASSAIC RESOLUTION NO._23-07-217 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF PASSAIC AND THE CITY OF PATERSON DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH FOR TUBERCULOSIS CONTROL SERVICES 2023 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“Passaic”), wishes to enter into an Agreement for the furnishing of Tuberculosis Control Services of a technical and professional nature (“Agreement”) with the City of Paterson, Department of Health and Human Services, Division of Health, 176 Broadway, Paterson, New Jersey 07505 (“Paterson”) pursuant to N.J.S.A. 26:3A2-1 et seq., N.J.S.A. 40A:65-1 et seq., and N.J.A.C. 8:57-5; and WHEREAS, public health services are administered in the City of Passaic by the City Council through an Advisory Board of Health or Health Authority as prescribed by N.J.S.A. 26:3-1; and WHEREAS, the duration of this Agreement shall be from January 1, 2023 through December 31, 2023; and WHEREAS, Paterson, as the recipient of a grant from the New Jersey Department of Health to provide tuberculosis control services to the County of Passaic, shall provide tuberculosis control services to the City of Passaic subject to the terms and conditions of the Agreement attached hereto. 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 Agreement with the City of Paterson Department of Health and Human Services, Page 15 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Division of Health subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Agreement shall be forwarded to the City of Paterson, Department of Health and Human Services, Division of Health. CITY OF PASSAIC RESOLUTION NO._23-07-218 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR A PASSAIC UEZ BUSINESS EXPANSION GRANT PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for and obtain a grant from the NJ Department of Community Affairs for Passaic UEZ Business Expansion Grant Project in an amount not to exceed $100,000 to support business expansion in the Passaic Urban Enterprise Zone; and, WHEREAS, the PEZDC Board of Trustees at their meeting of June 14, 2023 approved resolution to submit a grant application for the re-establishment of a Passaic UEZ Business Expansion Grant Project to the NJ Urban Enterprise Zone Authority in the amount of $100,000; and WHEREAS, this project funding will expand existing businesses and increase employment, which are consistent Page 16 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC with the provisions of the UEZ legislation to enhance economic development; and WHEREAS, this program will address the capital needs of businesses that have been negatively impacted by COVID whose cash reserves were depleted during the pandemic; 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 a Business Expansion Grant Project grant in the amount of $100,000; 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 Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO._23-07-219 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ BUSINESS DISTRICT SURVEILLANCE CAMERA PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY Page 17 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for The Passaic UEZ Business District Surveillance Camera Project and obtain a grant from the NJ Department of Community Affairs for $200,000 for the project; and WHEREAS, the PEZDC Board of Trustees at their meeting of June 14, 2023 approved a resolution to submit a grant application to initiate a Passaic UEZ Business District Surveillance Camera Project to the NJ Urban Enterprise Zone Authority in the amount of $200,000; and WHEREAS, the Surveillance Camera Program will complement the proposed Quality of Life initiative the City intends to undertake to address issues including: loitering, panhandling, graffiti, vandalism are a detriment to the UEZ areas, particularly the retail outlets; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Business District Surveillance Camera in the amount of $200,000; 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 Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the Page 18 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO._23-07-220 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ CARNIE BRAGG PARK PHASE 2 TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for and obtain a grant from the NJ Department of Community Affairs for $500,000 for the Passaic UEZ Carnie Bragg Park Phase 2 Project to construct a concession stand at Carnie Bragg Park; and WHEREAS, the PEZDC Board of Trustees at their meeting of June 14, 2023 approved a resolution to submit a grant application for the Passaic UEZ Carnie Bragg Park Phase 2 Project to the NJ Urban Enterprise Zone Authority in the amount of $500,000; and WHEREAS, other parks in the City, including Dundee Island Park, Pulaski Park and Third Ward Park have concession stands; and WHEREAS, this stand shall serve a variety of purposes including: a location to disseminate community information; a site making available light refreshments to residents, visitors using mass transit, and workers, including school employees; and to serve as a gathering place for residents for community events; and Page 19 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the project will provide both construction employment and service jobs at the site once completed; and, WHEREAS, NJ Urban Enterprise Zone Authority has already approved Phase 1 of the Carnie Bragg Concession Stand Project funding design work and conceptual drawings; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Carnie Bragg Park Phase 2 Project grant in the amount of $500,000; 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 Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO._23-07-221 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION Page 20 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ QUALITY OF LIFE POLICE AND CIVILIAN INSPECTION PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for Passaic UEZ Quality of Life Police And Civilian Inspection Project and obtain a grant from the NJ Department of Community Affairs for $650,000 for the project; and WHEREAS, the PEZDC Board of Trustees at their meeting of June 14, 2023 approved a resolution to submit a grant application to initiate a Quality of Life Police And Civilian Inspection Project to the NJ Urban Enterprise Zone Authority in the amount of $650,000; and WHEREAS, Quality of Life issues including loitering, panhandling, graffiti, and vandalism are a detriment to the UEZ areas, particularly the retail outlets; and, WHEREAS, the project will provide both new employment opportunities; and, WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Quality of Life Police And Civilian Inspection Project in the amount of $650,000; 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 Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. Page 21 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO._23-07-222 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF AGRICULTURE SPOTTED LANTERNFLY CHEMICAL CONTROL TREATMENT GRANTS PROGRAM FY 2023 WHEREAS, the City of Passaic has received notice from the New Jersey Department of Agriculture Spotted Lanternfly Chemical Control Treatment Grants Program; and WHEREAS, said grant provides municipalities and counties funding to cover cost accrued during chemical treatment activities associated with spotted lanternfly control and requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to apply for the maximum award of $15,000 and 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 Agriculture Spotted Lanternfly Chemical Control Treatment 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 Page 22 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC New Jersey Department of Agriculture Spotted Lanternfly Chemical Control Treatment Grants Program. CITY OF PASSAIC RESOLUTION NO._23-07-223 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY FOR THE FOOD AND SECURITY PLANNING GRANT WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Economic Development Authority for the Food Security Planning Grant program; and WHEREAS, such grant is in the amount of $125,000.00 and covers a nine month period which starts from the date that the Contract Agreement is executed. 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 Economic Development Authority for the Food and Security Planning Grant program in the amount of $125,000; 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 grant monies. CITY OF PASSAIC RESOLUTION NO._23-07-224 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO APPLY AND ACCEPT A GRANT FROM THE NEW JERSEY ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS (NJACCHO)- ENHANCING LOCAL PUBLIC HEALTH INFRASTRUCTURE GRANTS PROGRAM Page 23 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic desires to apply and accept a grant from the New Jersey Association of County and City Health Officials (NJACCHO) Enhancing Local Public Health Infrastructure Grants Program; and WHEREAS, Through the Enhancing Local Public Health Infrastructure program, NJACCHO supports LHDs to build local public health infrastructure capacity to better prepare to respond to emerging infectious diseases; and WHEREAS, such grant is in the amount of $728,740.00; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the New Jersey Association of County and City Health Officials (NJACCHO) Enhancing Local Public Health Infrastructure Grants Program in the amount of $728,740.00; 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 grant monies. CITY OF PASSAIC RESOLUTION NO._23-07-225 RESOLUTION DIRECTING A RECOMMENDATION FROM THE PASSAIC CITY PLANNING BOARD REGARDING BLOCK 2172.01 LOTS 13, 14, 15 AND 16 (386-394 MONROE STREET) AS AN AREA IN NEED OF REDEVELOPMENT/REHABILITATION WHEREAS, it has been determined by the planning officials of the City of Passaic that certain properties located at 386-394 .Monroe Street(Block 2172.01 Lots 13, 14, 15 and 16) in the City of Passaic qualify as an area Page 24 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC iIi. need of redevelopment/rehabilitation under the conditions for determination for redevelopment/ rehabilitation in NJ.S.A. 40:12A-14; and WHEREAS, those conditions are that: (1) a program of rehabilitation is expected to prevent further deterioration and promote the overall development of the community; and (2) the designation will prevent vacancy of properties; and, (3) to prevent the deterioration which would accompany any vacancy; and WHEREAS, this designation as an area in need of redevelopment/rehabilitation is not intended to confer the power of condemnation; and WHEREAS, the City of Passaic is encouraging the redevelopment/rehabilitation of the aforementioned property; and WHEREAS, a designation of an area in need of redevelopment/rehabilitation would assist the City and potential developers in the rehabilitation of the area. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic refers to the Planning Board of the City of Passaic, this matter directing a recommendation after an Investigation on Designating Block 2172.01 Lots 13, 14, 15 and 16 (386-394 Monroe Street) as an Area in Need of Redevelopment/ Rehabilitation. CITY OF PASSAIC RESOLUTION NO._23-07-226 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT AWARD FROM THE NEW JERSEY DEPARTMENT OF HEALTH STRENGTHENING LOCAL PUBLIC HEALTH CAPACITY GRANT PROGRAM Page 25 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Department of Health Strengthening Local Public Health Capacity Grant; WHEREAS, such grant is in the amount of $406,046.00 and covers the period of July 1st 2023 through June 30th 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the New Jersey Department of Health Strengthening Local Public Health Capacity Grant Program in the amount of $406,046.00; 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 grant monies. CITY OF PASSAIC RESOLUTION NO._23-07-227 RESOLUTION AWARDING CONTRACT FOR FURNISHING AND DELIVERY OF TWO (2) SMALL-SIZE SUV AWD VEHICLES FOR CODE ENFORCEMENT WHEREAS, bids were received by the Director of Purchasing on Thursday, July 6, 2023, for the Furnishing and Delivery of Two (2) Small Size SUV AWD Vehicles for Code Enforcement; and WHEREAS, bids were received as per the attached; and WHEREAS, specifications were downloaded from the City of Passaic’s Website by multiple vendors (a full list can be obtained from the purchasing department); and WHEREAS, the lowest responsible bid was received from Nielsen Ford of Morristown NJ in the amount of $31, 470.00 Page 26 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ea. for two (2) Ford Bronco Sports, in the Total amount of $62,940.00; and WHEREAS, it is the recommendation of Alberto Ventura, Construction Officer that the Contract be awarded to Nielsen Ford of Morristown NJ in the total amount of $62, 940.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the Contract for Furnishing and Delivery of Two (2) Small Size SUV AWD Vehicles (Two (2) Ford Broncos Sports) for Code Enforcement be awarded to Nielsen Ford of Morristown, NJ in the total amount of $62, 940.00 BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct T-03-56-293-000- 808; Fire Prevention and 3-01-22-195-000-051; Uniform Construction Code. Contingent upon adoption of the 2023 budget. CITY OF PASSAIC RESOLUTION NO._23-07-228 RESOLUTION AUTHORIZING AGREEMENT FOR PROVISION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES AND THE CITY OF PASSAIC/PASSAIC ALLIANCE WHEREAS, Department of Children and Families, has notified the City of Passaic that they wish to renew the agreement to provide Substance Abuse Treatment services; and Page 27 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic, through the Passaic Alliance, can provide the alcohol and drug treatment services required by the State of New Jersey; and WHEREAS, the City of Passaic, through the Passaic Alliance, has provided these treatment services to the Department of Children and Families since 2008, and, WHEREAS, this agreement between the City of Passaic and State of New Jersey is not subject to the pay to play requirements. NOW, THEREFORE, BE IT RESOLVED that the City of Passaic, through the Passaic Alliance and the State of New Jersey shall renew the agreement to provide Substance Abuse Treatment services on a fee-for-service basis for clients referred to the City of Passaic through the Department of Children and Families from July 1, 2023 to June 30th, 2024. BE IT FURTHER RESOLVED that the State of New Jersey, Department of Children and Families shall provide reimbursement to the City of Passaic for the services provided in accordance with their fee schedule. Outpatient Individual Counseling (30 minutes) $61.39 Outpatient Individual Counseling (1 Hour) $81.23 Outpatient Group Therapy (1 Hour) $24.75 Intensive Outpatient Treatment Per Diem $98.53 Urine Drug Screen $25.00 BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement, which is attached hereto, regarding these services. Page 28 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._23-07-229 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO APPLY AND ACCEPT A GRANT AWARD FROM NJPDES STORMWATER ASSISTANT GRANT PROGRAM WHEREAS, the City of Passaic submitted an application and desires to accept a grant from the Bureau of NJPDES Stormwater Permitting and Water Quality Management’s Stormwater Assistant Grant Program; and WHEREAS, such grant is in the total amount of $25,000; and WHEREAS, the City will receive the first payment installment of $15,000 and then receive a second installment of $10,000 will be dispersed upon NJPDES’S receipt of the City’s completed infrastructure map. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to apply and accept a grant from the Bureau of NJPDES Stormwater Permitting and Water Quality Management’s Stormwater Assistant Grant Program in the amount of $25,000; 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 grant monies. CITY OF PASSAIC RESOLUTION NO._23-07-230 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY’S AMERICAN RESCUE PLAN ACT- CORONAVIRUS STATE FISCAL Page 29 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RECOVERY FUND FY 2021 AUTOMATED LICENSE PLATE READER INTIATIVE GRANT AWARD WHEREAS, the City of Passaic has applied and been awarded funding from the New Jersey Department of Law and Public Safety through the FY21 ARP Automated License Plate Reader Initiative for the City of Passaic Automatic License Plate Reader Project; and WHEREAS, the City of Passaic desires to accept the grant from the New Jersey Department of Law and Public Safety through the FY21 ARP Automated License Plate Reader Initiative to purchase and implement automated license plate reader technology; and WHEREAS, such grant is in the amount of $148,253.00 and covers the period of December 1st , 2022 to November 30th 2024. 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 award from the subaward identified as ALPR-29-21 from the New Jersey Department of Law and Public Safety through the FY21 ARP Automated License Plate Reader Initiative in the amount of $148,253.00; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute any documents and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION NO._23-07-231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASSAIC, NEW JERSEY, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PASSAIC AND NORTH JERSEY FEDERAL Page 30 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CREDIT UNION REGARDING THE INSTALLATION AND MAINTENANCE OF AN ATM AT THE WIC CENTER WHEREAS, the City of Passaic owns the structure located at 333 Passaic St, Passaic, New Jersey 07055, which includes an area known as the WIC Center (the "WIC Center"); and WHEREAS, the North Jersey Federal Credit Union ("Credit Union"), at the request of the Mayor, has agreed to install and maintain an ATM at the WIC Center at a monthly rent of $0; and WHEREAS, the leadership of the City of Passaic has determined that installing such an ATM is in the City's and its residents' best interest; and WHEREAS, the Memorandum of Understanding (“MOU”) between the City and the Credit Union outlines the terms and conditions associated with the installation, maintenance, and use of the ATM, including its term, purpose, notice of installation and servicing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASSAIC AS FOLLOWS: SECTION 1. That the City Council of the City of Passaic does hereby authorize the Mayor and City Clerk to execute the MOU between the City of Passaic and North Jersey Federal Credit Union, regarding the installation and maintenance of an ATM at the WIC Center for an initial term of five years. SECTION 2. That the Mayor and City Clerk are further authorized to perform all tasks necessary to complete and satisfy the terms and conditions of the MOU. SECTION 3. That this resolution shall take effect immediately. Mayor Lora stepped away from the dais at 8:35 p.m. Mayor Lora took his seat on the dais at 8:37 p.m. Page 31 of 46  Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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. 2403-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS WHEREAS the total number of restricted parking for use by Handicapped Persons as per last ordinance was 24 Generic Handicapped Parking Spaces. WHEREAS the total number of restricted parking for use by Handicapped Persons as per this ordinance is 23 Generic Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 (Part 2 - Art. XIII, Section 295-33) shall be amended as follows: SECTION 1 295-33 Article XIII: Restricted Parking for Handicapped Persons shall be amended by the deletion of the following: NAME OF STREET SIDE LOCATION 19 Brinkerhoff Southerly Beginning at a point 128 feet east Place of the easterly curbline of Van Winkle Avenue and extending to a point 22 feet easterly therefrom Page 32 of 46 Passaic City Council Minutes: July 19, 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 Munk the public hearing be held on August 1, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2404-23 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 409 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 409 Handicapped Parking Spaces. 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: Page 33 of 46  Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC DELETION: NAME OF STREET SIDE LOCATION PLATE # 49 Broadway East (Grove Street) Beginning W84FGU at a point 62 feet south of the southerly curbline of Broadway and extending to a point 22 feet southerly therefro 256 Broadway East (Delaware Avenue) L53MRH Beginning at a point 50 feet north of the northerly curbline of Broadway and extending to a point 20 feet northerly 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 72 Passaic North Beginning at a point 73 E91NNA Street feet east of the easterly curbline of Eighth Street and extending to a point 22 feet easterly therefrom 117 Passaic South Beginning at a point 69 Y72LUU Street feet west of the westerly curbline of Sixth Street and extending to a point 22 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: Page 34 of 46  Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADDITION: NAME OF STREET SIDE LOCATION PLATE # 19 Brinkerhoff South Beginning at a point 128 N79PML Place feet east of the easterly curbline of Van Winkle Avenue and extending to a point 22 feet easterly therefrom 49 Broadway East (Grove Street) Beginning V77SEE at a point 62 feet south of the southerly curbline of Broadway and extending to a point 22 feet southerly therefrom 256 Broadway East (Delaware Avenue) Z44RXR Beginning at a point 50 feet north of the northerly curbline of Broadway and extending to a point 20 feet northerly therefrom 122 Park Place East Beginning at a point 86 Y29RXT feet south of the southerly curbline of Prospect Street and extending to a point 22 feet southerly therefrom 72 Passaic North Beginning at a point 73 V54SBT Street feet east of the easterly curbline of Eighth Street and extending to a point 22 feet easterly 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 August 1, 2023. Page 35 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2405-23 ORDINANCE APPROVING THE APPLICATION FOR A LONG-TERM TAX EXEMPTION AND AUTHORIZING THE CITY OF PASSAIC TO ENTER INTO A FINANCIAL AGREEMENT WITH SFG PASSAIC URBAN RENEWAL, LLC FOR PROPERTY IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AS BLOCK 1024 LOT 17 (122-152 EIGHTH STREET) PASSAIC, NEW JERSEY WHEREAS, SFG Passaic Urban Renewal, LLC (the “Entity”) proposes to develop a warehouse/storage facility and logistics and distribution center (the “Project”) within the City of Passaic (the “City”), on the site located at Block 1024 Lot 17 on the Official Tax Map of the City of Passaic and commonly known as 122-152 Eighth Street, Passaic, New Jersey (the “Project Site”), located within the Eastside Redevelopment Zone; and WHEREAS, by the Resolution, the Passaic Redevelopment Agency (the “Agency”) designated the Entity the designated Redeveloper of the Project Site for the Project; and WHEREAS, the New Jersey Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq. authorizes a municipality to enter into a Financial Agreement SFG Passaic Urban Renewal, LLC with an urban renewal entity and grant such long-term tax exemptions for the subject Project; and Page 36 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Entity is qualified to do business under the provisions of the New Jersey Long Term Tax Exemption Law and has made application to the City for: (i) the approval of the Project; (ii) the grant of a long-term tax exemption for the Project; and (iii) the execution of a Financial Agreement; and WHEREAS, the Redevelopment Law authorizes the City to arrange or contract with a redeveloper for the planning, construction or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment; and WHEREAS, in order to enhance the economic viability of and opportunity for a successful project, the City will enter into an agreement with along with their respective successors and/or assigns qualified to do business under the provisions of the Long Term Tax Exemption Law of 1992, as amended and supplemented, N.J.S.A. 40A:20-1, et seq. (the “Long Term Tax Exemption Law”), governing payments made to the City in lieu of real estate taxes on the Project pursuant; and WHEREAS, SFG PASSAIC URBAN RENEWAL, LLC filed an application with the City for approval of a Long Term Tax Exemption for the Project, which is on file with the City Clerk (the “Application”), a copy of which is attached hereto; and WHEREAS, the provisions of the Long Term Tax Exemption Law authorize the City to accept, in lieu of real property taxes, an annual service charge paid by SFG PASSAIC URBAN RENEWAL, LLC to the City; and WHEREAS, SFG PASSAIC URBAN RENEWAL, LLC has agreed to make payment of an Annual Service Charge as defined in the Long Term Tax Exemption Law to the City; and WHEREAS, the City Council has determined that the Project represents an undertaking permitted by the Long Term Tax Exemption Law, and has further determined that the Project is an improvement made for the purposes of clearance, replanning, development, or redevelopment of an Page 37 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC area in need of redevelopment within the City as authorized by the Long Term Tax Exemption Law; and WHEREAS, the City Council has determined that the Project would not have been constructed without a tax emption; and WHEREAS, the City of Passaic has been designated a Garden State Growth Zone pursuant to the Economic Opportunity Act of 2013 (“EOA”) and possesses all relevant powers and authority pursuant to same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASSAIC that an exemption from taxation as shall be set forth in the Financial Agreement is hereby granted to SFG Passaic Urban Renewal, LLC, with respect to the Project on the Project Site for the term set forth in the Financial Agreement; provided that in no event shall the tax exemption exceed the earlier of (i) thirty-five (35) years from the date of execution of the Financial Agreement or (ii) to the extent permitted by N.J.S.A. 40A:20-13, thirty (30) years from the Entity’s receipt of a Certificate of Occupancy for the Project or Phase thereof and only so long as the Entity remains subject to and complies with the Financial Agreement and the Long Term Tax Exemption Law and any other agreement related to the Project or the Property; and provided, further that in no event shall the resulting property tax obligation in each year the property tax exemption is in effect, when combined with the Annual Service Charge as defined in the Financial Agreement, be less than the amount of the property tax obligation that would have been due and owing on the Property, after redevelopment, if no property tax exemption were to have been granted; and be it FURTHER ORDAINED that the Mayor and Clerk are hereby authorized and directed to execute the Financial Agreement with SFG Passaic Urban Renewal, LLC, a certified copy of which shall be kept on file in the Office of the City Clerk; and be it FURTHER ORDAINED that the Project shall conform with all Federal and State law and ordinances and regulations Page 38 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC of the City relating to its construction and use; and be it FURTHER ORDAINED that SFG Passaic Urban Renewal, LLC shall, from the time the Annual Service Charge becomes effective, pay the Annual Service Charge as set forth in the Financial Agreement; and be it FURTHER ORDAINED that if any section of 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; and be it FURTHER ORDAINED that all ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistencies only; and be it FURTHER ORDAINED that this Ordinance shall take effect upon final adoption and publication in accordance with 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 August 1, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE #__2406-23____ ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 1003 LOTS 6 & 20 IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 1003 Lots 6 & 20 more Page 39 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC commonly known as 113 & 99-107 Fourth Street (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic accepted the recommendation of the City of Passaic Planning Board; and WHEREAS, the City Council for the City of Passaic adopted a Resolution designating this area as an area in need of rehabilitation; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(a) states, “No redevelopment project shall be undertaken or carried out accept in accordance with a redevelopment plan adopted by ordinance”; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(e) requires a referral of the redevelopment plan to the Planning Board for a Master Plan consistency review; and NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Council of the City of Passaic hereby accepts the attached Redevelopment Plan for first reading; and BE IT FURTHERED ORDIANED, by the City Council of the City of Passaic that the redevelopment plan is hereby referred to the City of Passaic Planning Board for its recommendation in accordance with N.J.S.A. 40A:12A-7e. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on August 1, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez Page 40 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE #__2407-23__ ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 4062 LOT 18 IN THE CITY OF PASSAIC, NEW JERSEY WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 4062 Lot 18 more commonly known as 162-164 President Street (the “Property”) has been identified as a location in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to conduct a preliminary investigation into whether the Property met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic accepted the recommendation of the City of Passaic Planning Board; and WHEREAS, the City Council for the City of Passaic adopted a Resolution designating this area as an area in need of rehabilitation; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(a) states, “No redevelopment project shall be undertaken or carried out accept in accordance with a redevelopment plan adopted by ordinance”; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(e) requires a referral of the redevelopment plan to the Planning Board for a Master Plan consistency review; and Page 41 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Council of the City of Passaic hereby accepts the attached Redevelopment Plan for first reading; and BE IT FURTHERED ORDIANED, by the City Council of the City of Passaic that the redevelopment plan is hereby referred to the City of Passaic Planning Board for its recommendation in accordance with N.J.S.A. 40A:12A-7e. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on August 1, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE #_2408-23_____ ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR MARKET STREET REDEVELOPMENT PLAN AREA WHEREAS, certain properties identified on the Official Tax Map of the City of Passaic as set forth in Appendix A attached hereto (collectively, the “Market Street Redevelopment Plan Area”) have been identified as an area in need of rehabilitation; and WHEREAS, the City Council for the City of Passaic adopted a Resolution directing the City of Passaic Planning Board to investigate and determine whether census tracts 1752, 1753.01, 1754.01, 1754.02, 1758.01, 1758.02 and 1759 (collectively, the “Study Area”), including but not limited to the Market Street Redevelopment Plan Area, met the statutory criteria for designation as an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and Page 42 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic Planning Board held a public hearing on the investigation results and adopted a Resolution recommending that the City Council for the City of Passaic designate the Study Area an Area in Need of Rehabilitation under the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.; and WHEREAS, the City Council for the City of Passaic adopted a Resolution accepting said recommendation of the City of Passaic Planning Board; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(a) states, “No redevelopment project shall be undertaken or carried out accept in accordance with a redevelopment plan adopted by ordinance”; and WHEREAS, the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7(e) requires a referral of the redevelopment plan to the Planning Board for a Master Plan consistency review; and NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Passaic that the City Council of the City of Passaic hereby accepts the attached Redevelopment Plan for first reading; and BE IT FURTHERED ORDIANED, by the City Council of the City of Passaic that the redevelopment plan is hereby referred to the City of Passaic Planning Board for its recommendation in accordance with N.J.S.A. 40A:12A-7e. . Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on August 1, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 43 of 46 Passaic City Council Minutes: July 19, 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 Garcia, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X MAYOR’S REPORT Mayor Lora thanked the Business Administrator and other members of his administration for the work they put in for the city. Passaic projects go through a process, from planning board, zoning, etc. before going to the administration and put on the agenda for the city council to approve or reject. The administration requested that Item 44, Item 45 and Item 46 of the agenda be reconsidered and be set for second and final reading at the September 7, 2023 council meeting. On a motion by Council Member Schwartz and seconded by Council Member Love, to reconsider item no. Item 44 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 1003 LOTS 6 & 20 IN THE CITY OF PASSAIC, NEW JERSEY ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 44 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC On a motion by Council Member Love and seconded by Council Member Melo, to reconsider item no. Item 45 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 4062 LOT 18 IN THE CITY OF PASSAIC, NEW JERSEY. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X On a motion by Council Member Love and seconded by Council Member Melo, to reconsider item no. Item Item 46 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR MARKET STREET REDEVELOPMENT PLAN AREA ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Schwartz moved Ordinance Item 44 be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on September 7, 2023. ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 1003 LOTS 6 & 20 IN THE CITY OF PASSAIC, NEW JERSEY ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Love moved Ordinance Item 45 be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on September 7, 2023 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 4062 LOT 18 IN THE CITY OF PASSAIC, NEW JERSEY. Page 45 of 46 Passaic City Council Minutes: July 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Love moved Ordinance Item 46 be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on September 7, 2023 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR MARKET STREET REDEVELOPMENT PLAN AREA ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X 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 9:21 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 46 of 46