City Council

City of Passaic New Jersey Passaic City Council September 19, 2023 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, SEPTEMBER 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 September 19, 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 13, 2023, SETTING FORTH THE SCHEDULE OF MEETINGS FOR THE YEAR 2023-2024; 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 SEPTEMBER 11, 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 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. MAYOR’S UPDATE • The 911 Memorial ceremony took place in City Hall with the Deputy Mayor, Staff and City Council. Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Flags were added along Armory Park Passaic and main avenues. • Seventy of Passaic’s senior citizens took a recreation trip to Lancaster, PA. • Mexican Day Festival took place in Passaic Pulaski Park by organizers Maria Escobar and Gabriela Perez. He thanked the Police Dept. and Chief Guzman for ensuring safety at the event. • Last Sunday Passaic held the Mexican Flag raising. • Last campout will be at Pulaski park. • This weekend Passaic will have the Puerto Rican Flag Raising. • Polish Flag Raising on following Saturday. • Broadway Eatery Event, Tour, and gifts being raffled on sept 30. • On October 4, Voter Registration Event will be held at PHS, to ensure civic engagement. • Jewish community will be celebrating New Year, Yom Kippur; City hall will be closed on those days. • The Tennis Court repairs in Benson courts have been completed. Adding lines to the tennis court for pickleball will only cause confusion. • Ten new maple trees were planted at Benson Court. • He thanked Francine Wise from the Senior Center for her participation during the Lancaster pa senior trip. Council Member Love takes his seat on the dais at 7:10 p.m. Council Member Munk takes his seat on the dais at 7:10 p.m. MINUTES Council Meeting Minutes for August 1, 2023 were submitted for approval. Upon motion made by Council Member Colon-Montanez and seconded by Council Member Schwartz the aforementioned meeting minutes were approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 2 of 33 Passaic City Council Minutes: September 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. Joe Conoscenti • Illegal food vendors are selling outside schools without a permit. • Portable signs on the sidewalks in front of businesses are a tripping hazard. • Broadway – no parking signs need additional signs. • 147-149 Broadway – there’s junk all around the back and side of the building. • Parking meters and parking app do not match. • Are the people playing soccer and football in Christopher Columbus and Third Ward park paying for a permit to use fields? • Do the towing companies used by the city have their own lots or are they using Reineri’s parking lot? • Will the Clifton towing company be going by Passaic’s new ruling? After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Schwartz 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 Page 3 of 33 Passaic City Council Minutes: September 19, 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. 2411-23 ORDINANCE AUTHORIZING THE CITY OF PASSAIC TO SELL REAL PROPERTY DESIGNATED ON THE TAX MAPS OF THE CITY OF PASSAIC AS BLOCK 5000.03 LOT 1.03 PURSUANT TO NEW JERSEY LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ 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 Schwartz and seconded by Council Member Love 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 Schwartz moved the Ordinance be approved on second reading. Motion was seconded by Council Member Garcia the public hearing be held on October 10, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 4 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2412-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Garcia, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Schwartz and seconded by Council Member Love 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 Schwartz moved the Ordinance be approved on second reading. Motion was seconded by Council Member Garcia the public hearing be held on October 10, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSENT ABSENT X X X X Page 5 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2413-23 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XII, “SCHEDULES,” SECTION 23, “SCHEDULE IV: METERED TIME LIMIT PARKING” TO CREATE ADDITIONAL METERED PARKING IN THE CITY OF PASSAIC Council Member Garcia moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Colon- Montanez, 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 Schwartz 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 Council Member Schwartz moved the Ordinance be approved on second reading. Motion was seconded by Council Member Love the public hearing be held on October 10, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 6 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 St. Mary’s Assumption Church, 63-Monroe Street, submitting the following application: • Religious Procession on October 13, 2023, from 6:30 p.m. to 8:30 p.m. The procession will commence at the Church St. Anthony of Padua R.C. Church-101 Myrtle Ave, Will travel on Myrtle to Gregory Ave to Passaic Ave to Passaic St. to St. Francis Way to State Street to Washington Place to Hope Ave to Harrison St. to Parker Ave to Monroe St to Market Street to Morris Street to Third Street to Mercer Street to Fourth Street to Passaic Street to Wall Street Ending at Holy Rosary R.C. Church -6 Wall Street. (Contingent Upon Departmental approvals) • Yolanda Alvarez, Church of God the Synagogue, 139 Hamilton Ave, submitting an application to hold a Breast Cancer Awareness Walk, in Third Ward Park, on October 14, 2023, from 10:00 a.m. to 2:00 p.m. (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. On a motion by Council Member Love and seconded by Council Member Colon-Montanez the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: Page 7 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Memorandum re: Police Special Swearing-in • Proclamation honoring Christopher “Chris” Rusca • Proclamation Recognizing International Overdose Awareness Day Jackson Central Realty LLC, PO BOX 190338, Brooklyn, NY submitting the following: • Notice to property owners within 200ft of Development: 82-100 Central Ave, Passaic NJ and 177 Van Buren St, Passaic NJ (City of Passaic-Zoning Board Hearing) Passaic Valley Water Commission submitting the following: • Agenda of their August 28, 2023 meeting • Notice of Bond Resolution passed on their meeting of August 28, 2023: “SERIES 2023 SUPPLEMENTAL RESOLUTION NO. 1 SUPPLEMENTING THE PASSAIC VALLEY WATER COMMISSION’S GENERAL BOND RESOLUTIONS DULY ADOPTED MAY 27, 1992 AS AMENDED AND SUPPLEMENTED AND PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $130,000,000 PRINCIPAL AMOUNT OF WATER SUPPLY SYSTEM REVENUE BONDS, SERIES 2023 IN ONE OR MORE SERIES OF THE COMMISSION AND DETERMINING VARIOUS MATTERS PERTAINING THERETO” New Jersey Department of Community Affairs, submitting the following: • Correspondence Re: NPP-ARP Grant of $238,764 for the City of Passaic Ricardo Rodriguez, 329 Howe Ave , Passaic NJ submitting the following: • Notice to property owners within 200 ft of Development: 329 Howe Ave, Passaic NJ (City of Passaic-Zoning Board Hearing) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 8 of 33 Passaic City Council Minutes: September 19, 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 SEPTEMBER 19, 2023 AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 23-09-279 RESOLUTION AUTHORIZING THE PURCHASE OF TRASH RECEPTACLES CITY OF PASSAIC WHEREAS, the City of Passaic wishes to purchase Trash Receptacles under NJ State Contract #16-FLEET-00130 from General Recreation, Inc., Newton Square, PA; and WHEREAS, N.J.S.A. 40A:11-12 authorizes the purchase of any materials, supplies or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the City wishes to purchase twenty-five (25) 40 Gal. Trash Receptacles at $1,810.00 per receptacle with a shipping charge of $ 1,556.000 for a total cost of $46,806.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for the purchase of twenty-five (25) 40 Gal. Trash Receptacles be awarded to General Recreation, Inc., of Newton Square, PA in the amount of $46,806.00 inclusive of shipping. Page 9 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in the Recycling Tonnage Grant Account Number # G-02-40-021-RT9-020. CITY OF PASSAIC RESOLUTION NO. 23-09-280 RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) 2023 DODGE DURANGOS PURSUIT AWD VEHICLES WHEREAS, the Passaic Police Department wishes to purchase Three (3) 2023 DODGE DURANGOS PURSUIT VEHICLES offered under the NJ State Contract #23-FLEET-34933 from Nielsen of Morristown, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment supplies, or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicles are priced as follows: Unit Price Total Three (3) 2023 Dodge Durango $38,461.00 $115,383.00 Factory Options 8,875.50 26,626.50 NJ State Contract Options 1,163.16 3,489.48 Total $48,499.66 $145,498.89 WHEREAS, it is the recommendation of Police Chief Luis Guzman that the contract for Three (3) 2023 Dodge Durangos be awarded to Nielsen of Morristown, Morristown, NJ under NJ State Contract #23-FLEET-34933 in the amount of $ 145,498.89. Page 10 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Nielsen of Morristown, Morristown, NJ for Three (3) 2023 Dodge Durango’s in the amount of $ 145,498.89. 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 Police Vehicle Account #3-01-25-240-020-051. CITY OF PASSAIC RESOLUTION NO. 23-09-281 RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT AND INSTALLATION TO UPFIT THREE (3) 2023 DODGE DURANGOS POLICE DEPARTMENT WHEREAS, the Passaic Police Department wishes to purchase equipment to up-fit Three (3) 2023 Dodge Durangos under NJ State Contract #89980 from GTBM of East Rutherford, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the equipment to upfit Three (3) 2023 Dodge Durangos includes but is not limited to lights, computers, modems, routers, software, gun racks, for a total of $ 49,482.81; and WHEREAS, the installation cost is $ 12,000.00; and Page 11 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Chief Luis Guzman that the contract to up-fit Three (3) 2023 Dodge Durangos be awarded to GTBM under NJ State Contract #89980 from GTBM, of East Rutherford, NJ in the total amount of $ 61,482.81. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract be awarded to GTBM of East Rutherford, NJ in the total amount of $61,482.81. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney CERTIFICATION OF FUNDS Funds for the above are available in Account # 3-01- 25-240-020-051 ($3,266.46) and Account #3-01-25-240-SRO- 051 ($ 58,216.35) CITY OF PASSAIC RESOLUTION NO. 23-09-282 RESOLUTION AWARDING CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DIVISION OF ENGINEERING CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Tuesday, September 5, 2023, for Professional Engineering Services for the Division of Engineering; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received as per the attached; and Page 12 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a proposal was received from CME Associates, Parlin, NJ, and was deemed non-responsive as they did not provide an hourly rate for their services. WHEREAS, in addition to the attached, a complete list of vendors that downloaded proposals is available in the Purchasing Department; and WHEREAS, the evaluation Committee reviewed the proposals received and recommends that the contract for Professional Engineering Services for the Division of Engineering be awarded to Neglia Group of Lyndhurst, NJ for a one-year contract commencing on January 1, 2024, and ending December 31, 2024, for office hours at a rate of $ 180.00/hour not to exceed $187,200.00 and an hourly rate of $180.00/hr. for Emergency Engineering Services after 4:00 p.m. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Professional Engineering Services for the Division of Engineering be awarded to Neglia Group of Lyndhurst, NJ for a one-year contract commencing on January 1, 2024, and ending December 31, 2024, for office hours at a rate of $ 180.00/hour not to exceed $187,200.00 and an hourly rate of $180.00/hr. for Emergency Engineering Services after 4:00 p.m. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in the Engineering 2024 OE Budget Contractual, Acct. 4-01-20-165 000-029 contingent upon budget being approved by the Governing Body. Page 13 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-09-283 RESOLUTION AWARDING CONTRACT FOR AUDITING SERVICES WHEREAS, proposals were received by the Director of Purchasing on Wednesday, September 6, 2023, for Auditing Services, City of Passaic; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, a proposal was received as per the attached; and WHEREAS, in addition to the attached, a complete list of vendors that downloaded from the City of Passaic’s website, are available in the Purchasing Department. WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Auditing Services, City of Passaic be awarded to Lerch Vinci & Bliss of Fairlawn, NJ in the amount of $75,000.00 for Statutory Annual Audit of the City’s Financial Statements and $12,000.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2024 through December 31, 2024. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Auditing Services, City of Passaic be awarded to Lerch, Vinci & Bliss of Fairlawn, NJ in the amount of $75,000.00 for Statutory Annual Audit of the City’s Financial Statements and $ 12,000.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2024 through December 31, 2024. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form prepared by City Attorney. CERTIFICATION OF FUNDS Page 14 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available contingent upon Governing Body approving CY 24 Budget Audit Professional, Consultant, Special Services, Acct. #4-01-20-135-000-028 and Sewer Utility, Acct. #4-07-55-502-000-021. CITY OF PASSAIC RESOLUTION NO. 23-09-284 RESOLUTION APPROVING EMERGENCY REPAIR OF TRAFFIC SIGNAL MAIN AVENUE AND HARRISON STREET PASSAIC, NJ WHEREAS, on April 3, 2023, the traffic signal and the pedestrian crosswalk signal at the intersection of Main Avenue and Harrison Street stopped working due to a short in the back panel of the cabinet; and WHEREAS, P.S.E.&G was also contacted and discovered damaged wires and conduit; and WHEREAS, the lack of power affected the operation of the traffic signal, and the pedestrian crosswalk signal; and WHEREAS, it was the determination of the Public Works Superintendent, Mark Watkins, Sr., that the lack of power for the traffic signal and the pedestrian crosswalk signal posed a serious potential to the public safety; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-16; and WHEREAS, the cost for this repair is $ 28,658.44. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Jen Electric, Springfield, NJ is hereby authorized. Page 15 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funding for the above will be funded through- Public Works Trust Acct. - Traffic Repairs # T-03-56-306-001-250. CITY OF PASSAIC RESOLUTION NO. 23-09-285 NOTICE OF INTENT TO AWARD CONTRACT UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT FOR FURNISHING & INSTALLATION OF SIX (6) LED MESSAGE BOARDS (DAKTRONICS) WHEREAS, the City of Passaic is permitted to join National Cooperative Purchasing agreements under the authority of N.J.S.A. 52:34-6.2(b)(3); and WHEREAS, the City of Passaic is a member of Sourcewell Cooperative Solutions; and WHEREAS, the City of Passaic wishes to enter into an agreement with Daktronics, of Brookings, South Dakota for the Furnishing and Installation of Six (6) Message Boards at the following locations: • One (1) Dignity House • Four (4) City Hall - Interior Upper Hallway, Interior Lower Hallway, Exterior Wall, Exterior Corner Wall (Corner of State & Passaic Street • One (1) Third Ward Park WHEREAS, the contract is for an amount not to exceed $322,078.00. WHEREAS, the Sourcewell Cooperative Solutions Agreement Contract Term is from June 19, 2023, through May 25, 2027. Page 16 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Daktronics was awarded a contract under Sourcewell Cooperative Solutions Contract #030223-DAK. WHEREAS, information regarding this contract may be found on the website www.sourcewell-mn.gov/cooperative- purchasing/030223-DAK; and WHEREAS, it is the intent to recommend to the Passaic City Council to authorize a contract award to Daktronics, Brookings, South Dakota pursuant to the Sourcewell Cooperative Solutions Contract #030223-DAK. NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Passaic authorize the Director of Purchasing to advertise the Notice of Intent to Award Contract under a National Cooperative Purchasing Agreement herein referred to as Sourcewell Cooperative Solutions; and BE IT FURTHER RESOLVED that the Comment period ends Thursday, October 5, 2023. CITY OF PASSAIC RESOLUTION NO. 23-09-286 RESOLUTION AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY OF TWO (2) NEW 2024 SIXTEEN (16) PASSENGER VANS WITH 2 WHEELCHAIR POSITIONS FOR THE DIVISION OF SENIOR AFFAIRS WHEREAS, bids were received by the Director of Purchasing on Wednesday, August 30, 2023, for Furnishing and Delivery of Two (2) New 2024 Sixteen (16) Passenger Vans with 2 wheelchair Positions for the division of Senior Affairs; and WHEREAS, bids were received as per the attached; and Page 17 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a full list of vendors that downloaded specifications from the website can be obtained from the Purchasing Department; and WHEREAS, the lowest responsible, responsive bid was received from Creative Bus Sales, Inc. of Carlstadt, NJ as per the following; and Make: Model: UNIT PRICE TOTAL BID PRICE 2024 Ford E450 STARCRAFT ALLSTAR $121, 520.00 EA. $ 243,040.00 WHEREAS, it is the recommendation of Jose Ramos, General Mechanic Supervisor of Public Works, that the contract be awarded to Commercial Bus Sales, Inc. of Carlstadt NJ in the amount of $ 243,040.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid for Furnishing and Delivery of Two (2) New 2024 Sixteen (16) Passenger Vans with 2 wheelchairs Position for the division of Senior Affairs be awarded to Commercial Bus Sales, Inc. of Carlstadt NJ in the total amount of $243,040.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds are available in Accounts #G-02-40-022-ST4-020, G02-40-022-ST7-020, G-02-40-022-ST8-020 Senior Transportation County Reimbursement CITY OF PASSAIC RESOLUTION NO. 23-09-287 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 8/10/23 for Block: 2173 Lot Page 18 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 1, also known as 831-843 Main Ave. Passaic, NJ, property owners: Anarta LLC. The judgments entered for to tax years 2022 and 2023 reduced the assessments on the property for both tax years; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, the credits resulting from 2022 judgment will be refunded and the credits resulting from 2023 judgment will be applied to the 4th quarter 2023 for the following amounts; 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 REFUND CREDITS YEAR 2022 2023 2173/1 831-843 Main Ave. Anarta, LLC 2022 $1,856.55 Applied to 2023 $3,915.91 4 QTR Total Refund $1,856.55 CITY OF PASSAIC RESOLUTION NO. 23-09-288 RESOLUTION AUTHORIZING TRAINING AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC COUNTY COMMUNITY COLLEGE FOR PHLEBOTOMY TECHNICIAN TRAINING WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Training Agreement for Phlebotomy Technician Training (“Agreement”) with Passaic County Community College, One College Boulevard, Paterson, New Jersey 07505 (“PCCC”); and WHEREAS, City has received a grant from the Department of Housing and Urban Development (HUD) via the Community Development Block Grant known as the CDBG CARES Page 19 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Act, which was enacted in order to prevent, prepare for and respond to the current Coronavirus pandemic (COVID- 19); and WHEREAS, an approved program that these funds may be used for is a medical job training program for income qualified residents of City; and WHEREAS, City has requested that PCCC provide Phlebotomy Technician training to certain constituents of City; and WHEREAS, City and PCCC have set forth their intentions within the attached Agreement and mutually agree to the terms therein. 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 Training Agreement with Passaic County Community College for Phlebotomy Technician training subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Training Agreement attached hereto; and BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Training Agreement shall be forwarded to Passaic County Community College. CITY OF PASSAIC RESOLUTION NO. 23-09-289 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ 2024 ADMINISTRATIVE BUDGET TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY Page 20 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, The Passaic Enterprise Zone Development Corporation desires to apply for and obtain a grant from the NJ Department of Community Affairs in an amount not to exceed $287,079 to fund the Passaic UEZ 2024 Administrative Budget for the period of January 1, 2024 to December 31, 2024; and WHEREAS, the PEZDC Board of Trustees at their meeting of September 13, 2023 approved resolution to submit a grant application to fund the Passaic UEZ 2024 Administrative Budget to the NJ Urban Enterprise Zone Authority in the amount not to exceed $287,079; and WHEREAS, administrative expenses are allowed in the UEZ legislation and are essential to the implementation of UEZ programs in the Zone; and WHEREAS, administrative funds are necessary to fund the day-to-day operations of the Passaic UEZ program; 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 grant for the Passaic UEZ 2024 Administrative Budget an amount not to exceed $287,079; 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 Executive Director and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the Page 21 of 33 Passaic City Council Minutes: September 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. 23-09-290 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ 2024 CLEAN SWEEP/GRAFFITI ERADICATION PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, The Passaic Enterprise Zone Development Corporation desires to apply for and obtain a grant from the NJ Department of Community Affairs in amount not to exceed $535,206 to fund the Passaic UEZ 2024 Clean Sweep/Graffiti Removal Project for the period of January 1, 2024 to December 31, 2024; and WHEREAS, the PEZDC Board of Trustees at their meeting of September 13, 2023 approved resolution to submit a grant application to fund the Passaic UEZ 2024 Clean Sweep/Graffiti Removal Project to the NJ Urban Enterprise Zone Authority in the amount not to exceed $535,206; and WHEREAS, funds for the cleaning and maintenance of commercial UEZ corridors is allowed in the UEZ legislation; and WHEREAS, the project is highly valued by the UEZ business community and the cleanliness of the commercial areas is integral to maintaining a vibrant UEZ district. WHEREAS, THE PEZDC has successfully managed a Clean Sweep/ Graffiti Eradication Project for over a decade; and WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. Page 22 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a grant for the Passaic UEZ 2024 Clean Sweep/Graffiti Removal Project an amount not to exceed $535,206; 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 Executive Director 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: 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. 2414-23 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 2172.01 LOTS 13, 14, 15 AND 16 (386-394 MONROE STREET ) IN THE CITY OF PASSAIC, NEW JERSEY Page 23 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the real property identified on the Official Tax Map of the City of Passaic as Block 2172.01 Lots 13, 14, 15 & 16 (the “Properties”) 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 Properties 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 except 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 ORDAINED, 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. Page 24 of 33 Passaic City Council Minutes: September 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 Melo the public hearing be held on October 24, 2023. other documents necessary in connection therewith: 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. 2415-23 ORDINANCE APPROVING AN AMENDMENT TO THE CITY OF PASSAIC’S SCATTERED SITE REDEVELOPMENT PLAN FOR PROPERTY DESIGNATED AS BLOCK 3319 LOT 1, BLOCK 3318A LOTS 7 & 20 AND BLOCK 3318C LOTS 9&20 ON THE OFFICIAL TAX MAP OF THE CITY OF PASSAIC AND LOCATED AT 217 BROOK AVENUE, PASSAIC, NJ WHEREAS, the City of Passaic declared twelve (12) redevelopment areas as an “area in need of redevelopment or an area in need of rehabilitation” pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A–1 et seq, as amended and supplemented, (hereinafter referred to as the “Redevelopment Law”); and WHEREAS, the City adopted a Scattered Site Redevelopment Plan, City of Passaic, New Jersey, dated February 2, 2004; and WHEREAS, the City of Passaic Council at a public hearing approving the Planning Board’s recommendation declaring the entirety of the Brook Avenue Sub-Area, Block 3319, Lot 1, inclusive of the adjacent New Jersey Transit right- of –way; Block 3318A, Lots 7 and 20; Block 3318C, Lots 9 and 20, and approximately five (5) feet of Amsterdam Page 25 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Avenue adjacent to 217 Brook Avenue (“217 Brook Avenue Sub-Area”), as “An Area in Need of Redevelopment” as memorialized in City Council Resolution 16-01-007 dated January 12, 2016; and WHEREAS, the City Council of Passaic, in Resolution 16-01-007, requested the Planning Board to prepare a Redevelopment Plan for the 217 Brook Avenue Sub- Area; and WHEREAS, An Amendment to the Scattered Site Redevelopment Plan was approved by ordinance #2058-16 on June 12, 2016; and WHEREAS, Another Amendment to the Scattered Site Redevelopment Plan is being requested to include Schools, as defined in the City of Passaic Zoning Ordinance, as a permitted use ; 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 Amendment to the Scattered Site 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. Page 26 of 33 Passaic City Council Minutes: September 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 Melo the public hearing be held on October 24, 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. 2416-23 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XII, “SCHEDULES,” SECTION 23, “SCHEDULE IV: METERED TIME LIMIT PARKING” TO CREATE ADDITIONAL METERED PARKING IN THE CITY OF PASSAIC WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 23, “Schedule IV: Metered Time Limit Parking,” sets forth the locations and time limitations of metered parking spaces within the City of Passaic; and WHEREAS, for reasons of good government, order and protection of person and property, and for the preservation of public health, safety and welfare, the City of Passaic wishes to amend the City Code of the City Page 27 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC of Passaic to amend Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 23, “Schedule IV: Metered Time Limit Parking;” and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” Section 23, “Schedule IV: Metered Time Limit Parking” is hereby amended to create additional metered parking spaces as follows: SECTION I Time Limit; Name of Street Side Hours/Days Location Main Avenue Both 2 Hours; Between Oak Street and 8:00am-6:00pm Highland Avenue SECTION II 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. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Schwartz the public hearing be held on October 10, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 28 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2417-23 ORDINANCE AMENDING CHAPTER 90A “BARBERSHOPS, COSMETOLOGY AND HAIRSTYLING”, ARTICLE III “MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS”, SECTION 21 “VIOLATIONS AND PENALTIES” OF THE CITY OF PASSAIC CODE WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; WHEREAS, the City has determined that certain buildings have been the location of multiple massage establishments violating Chapter 90A of the City of Passaic Code; WHEREAS, it is in the best interests of the City to ensure that owners of buildings that have allowed multiple instances of occupancy by massage establishments violating the provisions of Chapter 90A of the City of Passaic Code are vigilant in efforts to prevent further leasing of space to illegal massage establishments in their buildings; 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 to delete and replace Chapter 90A Section 21, entitled “violations and penalties”, as follows: Page 29 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION I ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW ARTICLE III MASSAGE, BODYWORK, AND SOMATIC THERAPY ESTABLISHMENTS § 90A-21 Licensing and regulation; violations and penalties. The procedure for licensing and regulation set forth in Chapter 177 of the Code of the City of Passaic (Licenses), as well as the penalties for noncompliance with this article, are applicable in the City of Passaic, subject to the following provisions: A. In addition to the revocation or suspension of the permit granted under this article, any person who violates any provision of this article shall be subject, upon conviction, to the penalties provided in § 1-3 of these Revised General Ordinances. B. In addition to the provisions set forth in Subsection A, the owner of real property which leases such property to a massage, bodywork or somatic therapy establishment that employs any person who violates any provision of this article may be subject, upon the conviction thereof, to a fine: for the first offense, not less than $1,000 nor more than $1,500; for a second offense, not less than $1,500nor more than $3,500; and not less than $3,500 nor more than $5,000 for a third and any subsequent offense. C. In the event that an owner of real property which leases such property to a massage, bodywork or somatic therapy establishment that employs any person who violates any provision of this article is determined to have known, or should have known, of such violation, the fines set forth above shall be doubled. An owner may be found to have knowledge of a violation sufficient to invoke the enhanced fines set forth in this Subsection C from the existence of Page 30 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC prior violations at the building, whether or not the present owner was the owner of the building at the time of the earlier violations and whether or not the employee or business who engaged in the prior violations of this article is the same employee or business currently in violation of the provisions of this article. D. All facilities and/or premises which are used, operated and/or maintained for massage, bodywork, and somatic therapy shall pay the following fees to the City Clerk of the City of Passaic at the time of initial application for a license and at the time of the renewal thereof: (1) Initial application fee: $2,500. (2) License: $500. E. All licenses issued hereunder shall be subject to the following hours of operation: 7:00 a.m. through 11:00 p.m., Monday to Saturday; 7:00 a.m. through 6:00 p.m., Sunday. F. All massage, bodywork or somatic therapist hereunder shall be subject to the following permit fees: (1) Initial permit fee: $100. (2) Renewal permit fee: $50. SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Page 31 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This ordinance shall take effect upon publication as provided by law. Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on October 10, 2023. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X MAYOR’S REPORT • Sept 15-October 15 is Hispanic Heritage month. • Prayer Walk (launched by Councilwoman Melo) was successful event • Former principal Sullie Gamble celebrated her 90th birthday. • New Trash cans will be placed around City. • Acknowledgement of Opiate Awareness and Overdose Awareness day and month initiative. Page 32 of 33 Passaic City Council Minutes: September 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Happy birthday to Municipal Attorney Susie Burns. 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 8:44 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 33 of 33