City Council

City of Passaic New Jersey Passaic City Council December 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, DECEMBER 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 DECEMBER 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 THST THIS PUBLIC MEETING WILL BE CONDUCTED IN PERSON. THE ZOOM STREAM PROVIDED IS FOR VIEWING ONLY AND IS OFFERED TO THE PUBLIC AS A CONVENIENCE. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON DECEMBER 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 X X X X X X X ALSO PRESENT: City Attorney Susie Burns Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. 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 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. Business Administrator Rick Fernandez joined at 7:11 p.m. Mayor Lora joined at 7:13 p.m. Aryeh Mack • Bikers going around the city, blocking traffic at Main Ave by Howard between 4 pm- 6 pm Brenda Wheeler • School vehicle with #2 license plate is still parking on Vineyard Place. • Can we request store owners use garbage cans instead of plastic bags? Trash is being strewn down the streets. Parker Brown, Jr. • Agenda Item #4 – what is the permit cost to residents? Some residents are already struggling financially. • If a vehicle parked illegally in my driveway, why is it not being towed? • The property at 210-214 Summer Street is not being taken care of; property is an eyesore to the community. Mayor left the dais at 7:18 p.m. Mayor Lora returned to the dais at 7:20 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 Page 2 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC MAYOR’S UPDATE • On Saturday, December 9th Passaic held its holiday in the park. • Mayor Lora congratulated Cindy, head of Recreation who recently passed her Recreation State exam. • Passaic received 22 new DPW garbage containers for the community. • December 11 through 14 - NJDMV held session at City Hall in the William Street lot. • Wednesday December 13 - Passaic’s fourth annual Parade of Lights. • Thursday December 14 - senior prom for Passaic senior citizens at Michelle's in Garfield. • December 11, 2023 to January 6, 2024 – free holiday parking around the city • Wednesday December 20th - a pediatric flu clinic at the health department to get the shot or at WIC. • December 27-29, storefront holiday window decoration contest begins. Submissions are accepted until January 6, 2024, then online judging will begin. If you want to enter your home or business, go to Passaic.com Recreation department. • December 31st marks the end of our 150th anniversary celebration and Passaic will have its pinata drop on Main Avenue. • City Hall will be closed on Monday January 1. • Thursday February 15 - Passaic asphalt art design. One of the winning artistic designs will be on one of our crosswalks to encourage more pedestrian safety initiatives as well as highlight public art. • Pulaski Park playground extension is in design phase by the engineering department. Park lighting design, bike layout lighting design and environmental scope were all revised and will be submitted to Green Acres the week of December 18th. • Passaic will have its very first complete water park on Harrison Street. • The mayor shared that Passaic, a city of 3.2 miles and over 70,000 residents, is classified as an urban municipality and he was recently appointed as the Vice President of The New Jersey Urban Mayors Association (NJUMA), the first ever vice president from Passaic County, beginning in January. Page 3 of 33 Passaic City Council Minutes: December 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. 2426-23 ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR MAIN AVENUE REDEVELOPMENT PLAN AREA Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Page 4 of 33 Passaic City Council Minutes: December 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. 2427-23 ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR MARKET STREET REDEVELOPMENT PLAN AREA Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Schwartz 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 Council President Schaer called up for the second and final reading Ordinance entitled: Page 5 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2428-23 ORDINANCE AMENDING ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Council President Schaer called up for the second and final reading Ordinance entitled: Page 6 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2429-23 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295 “VEHICLES AND TRAFFIC,” PART 10 “RESIDENTIAL PARKING PERMITS,” ARTICLE XXI “RESIDENTIAL PARKING PERMIT REQUIREMENTS” Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Council President Schaer called up for the second and final reading Ordinance entitled: Page 7 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2430-23 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENT INTERESTS IN PROPERTIES LOCATED AT 27 FOREST COURT AND 25 FOREST COURT IN THE CITY OF PASSAIC FOR THE PURPOSE OF CONSTRUCTION, MAINTENANCE, AND OPERATION OF A SANITARY SEWER AND ITS COMPONENTS Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL 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 Garcia 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 adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 8 of 33 Passaic City Council Minutes: December 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 Weatherly Frias, City Clerk, submitting request for a cash bond refund to Church of God Prophecy in the amount of $2000.00 for their October 1, 2023 Community Health Fair. City of Passaic, 330 Passaic Street, submitting the following application: • Tree lighting Event on Main Ave, Between Madison St. and Sokol Square, on December 02, 2023 from 5:30 p.m. to 7:00 p.m. • Holiday in the Park, in Third Ward Park on December 9, 2023 from 3:00 p.m. to 6:00 p.m. • Holiday of Lights Parade, on December 13, 2023 from 5:00 p.m. to 8:30 p.m. • New Year’s Ball Drop, on Main Ave in front of 663 Main Ave, (between Jefferson St & Washington Pl.) on December 31, 2023 from 8:00 p.m. to 1:30 a.m. (Contingent upon department approval) Anais Lounge, 52 Garden Street, submitting an application renew their Entertainment License for the year 2024. El Asadero Mexican Grill, 305 Passaic Street, submitting an application renew their Entertainment License for the year 2024. Francisco Lozano t/a Jalapeno Mexican Restaurant, 196 Monroe Street, submitting an application renew their Entertainment License for the year 2024. GV Entertainment LLC t/a Garden Vista, 29 Howe Avenue, submitting an application renew their Entertainment License for the year 2024. Mama Sushi, 663 Main Avenue, submitting an application renew their Entertainment License for the year 2024. Mojito Bar, LLC, 159 Market Street, submitting an application renew their Entertainment License for the year 2024. Page 9 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC The Roman Palace, 194B Jefferson Street, submitting an application renew their Entertainment License for the year 2024. La Rancherita Bar, 22 Jackson Street, submitting an application renew their Entertainment License for the year 2024 The Diamond Hall LLC, submitting an application renew their Entertainment License for the year 2024 Angala Private Transportation, Carlos A. Carrillo, 12 Onyx Ct Passaic NJ, submitting an application for a new Limousine License for the year 2024. DGonzalez Service Corp/Daniel Gonzalez, 502 Lafayette Ave, submitting an application to renew his Limousine License for the year 2024. 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 Melo the following communications and petitions were received placed on file and approval granted Alcoholic Beverage Control Board of the City of Passaic submitting the following : • Notice rescheduling their December 21, 2023 meeting to December 20, 2023 State of New Jersey Department of Transportation, submitting the following: • Correspondence re: Notification NJDT Division of Local Aid and Economic Development is launching a new Page 10 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC round of the Transportation Alternative Set Aside (TA Set-Aside) Design Assistance Program Millennium Strategies submitting their monthly report as of December 02, 2023. MATRIXNEWORLD Engineering, submitting the following: • Correspondence re: Response Action Outcome- PSEG – 187 Boulevard Passaic, Passaic County, New Jersey NJDEP PI #2222216 Matrix No. 22-0007-134 Passaic Valley Water Commission, submitting the following: • Notice of their December 20, 2023 meeting • Minutes of their October 25, 2023 • Agenda of their November 29, 2023 meeting PSE&G submitting the following : • Correspondence re: PSE&G is Prepared for Windy Rainstorm ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON DECEMBER 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 Page 11 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-12-442 RESOLUTION APPROVING THE APPLICATION OF THE CITY OF PASSAIC TO HOLD A NEW YEAR’S EVE CELEBRATION WITH SALE AND CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY WHEREAS, the City of Passaic has made an application to hold a New Year’s Eve Celebration from December 31, 2023 at 8:00 p.m. to 1:00 a.m. on January 1, 2024, at 663 Main Avenue, Passaic, New Jersey; and WHEREAS, the City’s New Year’s Eve Celebration also involves the use and temporary closing of certain City streets as is set forth in the application; and WHEREAS, the City of Passaic seeks approval of its application, including permission to sell alcohol for immediate consumption in a public place at the City’s New Year’s Eve Celebration by and through a partnership with Hamlet Entertainment, LLC d/b/a Mama Sushi; and WHEREAS, pursuant to Chapter 75-24 of the City Code of the City of Passaic the City Council, for good cause shown, may permit the consumption of alcoholic beverages in public areas by a resolution of the City Council, upon the written request of an organization to the Council, and which resolution shall state the hours within which such permission is granted and location where such permission shall be in force and such other terms and conditions as established by the City Council; and WHEREAS, Mama Sushi has applied to the State of New Jersey Department of Law and Public Safety, Division of Alcoholic Beverage Control for a Permit to Extend Licensed Premises to allow for the sale of alcoholic beverages for immediate consumption at the City’s New Year’s Eve Celebration, subject to strict compliance with the express conditions as set forth therein; and Page 12 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City Council’s approval of the City’s application is expressly contingent upon approval of the Petition to Extend Licensed Premises Permit by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic’s application to hold a New Year’s Eve Celebration from December 31, 2023 at 8:00 p.m. to 1:00 a.m. on January 1, 2024, at 663 Main Avenue, Passaic, New Jersey which will include the sale of alcohol in a public place, is hereby approved subject to strict compliance with the following conditions: 1. The sale of alcoholic beverages by the glass or other open receptacles at the above-captioned event shall be for immediate consumption in a confined area(s) of the New Year’s Eve Celebration between the hours of 8:00 p.m. on December 31, 2023 and 1:00 a.m. on January 1, 2024. All advertisements related to the New Year’s Eve Celebration, including but not limited to tickets, must include the Special Permit No. issued by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, and the Special permit shall be conspicuously displayed at the New Year’s Eve Celebration. 2. Hamlet Entertainment, LLC d/b/a Mama Sushi shall not serve, deliver or allow, permit or suffer the sale, service or delivery of any alcoholic beverage, directly or indirectly, or the consumption by any person under the legal age to consume alcoholic beverages, not to any person who is actually or apparently intoxicated. Self-service by attendees of the New Year’s Eve Celebration is strictly prohibited and all sale, service or delivery of alcoholic beverages to attendees of the New Year’s Eve Celebration must be made and supervised by authorized staff of Mama Sushi. Mama Sushi shall maintain adequate staff at the New Year’s Eve Celebration to monitor each sale, service or delivery of an alcoholic beverage to prevent service to intoxicated or underage individuals. Such staff shall check Page 13 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC identification of individuals prior to entry in the confined area(s) where alcoholic beverages are available to confirm that all persons therein are at least twenty-one (21) years of age. Sale, service or delivery shall be limited to two (2) alcoholic beverages per customer at a time. All persons admitted to the area(s) where alcoholic beverages are sold and/or consumed shall wear a bracelet indicating that such person has been approved for admittance. No other persons shall be allowed in such area(s) where alcoholic beverages are sold and/or consumed. 3. Mama Sushi shall comply with all State, federal, and local laws, statutes, ordinances, rules and regulations applicable to this application, including, but not limited to, the sale and consumption of alcoholic beverages. 4. Failure to comply with any of the foregoing conditions, including but not limited to the requirement that Mama Sushi obtain a Special Permit from the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control, renders this approval null and void. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute documents necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 23-12-443 RESOLUTION AWARDING CONTRACT FOR MUNICIPAL PARKING LOT 252 RIVER DRIVE (PAULISON AVENUE AT RIVER DRIVE) WHEREAS, bids were received by the Director of Purchasing on Tuesday, December 5, 2023, for Municipal Parking Lot – 252 River Drive, Passaic, NJ; and Page 14 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, bids were received as per the attached; and WHEREAS, a list of bids that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, the lowest bidder, Crossroads Paving of Kearny, NJ was non responsive as per N.J.S.A. 40A:11-23-2 (Required Mandatory Items for Bid Plans, Specification) did not provide the electrical contractors name and therefore was automatically rejected; and WHEREAS, the second lowest bidder Reivax Contracting Corporation of Flemington, NJ bid price is $271,335.80; and WHEREAS, it is the recommendation of Yasseen Saad, City Engineer that the contract be awarded to Reivax Contracting, of Flemington, NJ in the amount of $271,335.75. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Parking Lot 252 River Drive, Passaic, NJ be awarded to Reivax Contracting Corp., Flemington, NJ in the amount of $ 271,335.75. 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 2023 Capital Outlay Account #3-01-44-905-000-9PL ($169,947.00) and 2022 Capital Outlay Account #2-01-44-905-000-9PK ($101,388.75) Page 15 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-12-444 RESOLUTION RESCINDING AWARD OF CONTRACT TO TAX APPEAL ATTORNEY CALENDAR YEAR 2024 WHEREAS, the City Council adopted Resolution #23-11-346 (attached) on November 9, 2023, awarding a contract to Cleary Giacobbe Alferi Jacobs LLC, Oakland, NJ for Calendar Year 2024; and WHEREAS, Cleary Giacobbe Alferi Jacobs LLC, Oakland, NJ has notified the City of Passaic that they can no longer honor the contract under the current terms and conditions; and WHEREAS, it is the recommendation of the Administration, that the contract with Cleary Giacobbe Alferi Jacobs LLC, Oakland, NJ be rescinded for the hourly rate of $ 125.00/hour for Tax Appeal Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Tax Appeal Attorney is hereby rescinded. CITY OF PASSAIC RESOLUTION NO. 23-12-445 RESOLUTION AWARDING CONTRACT FOR TAX APPEAL ATTORNEY CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Tuesday, September 19, 2023, for Tax Appeal Attorney; 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 Page 16 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received from the attached list of vendors: 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; and WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Tax Appeal Attorney be awarded to Marmero Law, LLC, Woodbury, NJ at a rate of $125.00/hour in an amount not to exceed $150,000.00 for the calendar year 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 Tax Appeal Attorney be awarded to Marmero Law, LLC, Woodbury, NJ at a rate of $125.00/hour in an amount not to exceed $150,000.00 for the calendar year January 1, 2024, through December 31, 2024. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Contingent upon CY 2024 Budget being approved by the Governing Body funds will be available in Account. #4-01- 20-155-000-123. CITY OF PASSAIC RESOLUTION NO. 23-12-446 RESOLUTION REJECTING BIDS FOR MUNICIPAL PARKING DECK BID Page 17 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, bids were received by the Purchasing Director on Wednesday, December 6, 2023, for Municipal Parking Deck; and WHEREAS, bids were received as per the attached: and WHEREAS, a list of bids that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, Desman Design Management, New York, recommends that the bids received for the Municipal Parking Deck be rejected for the revision of the specification, and the bids received exceeded the current budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids for Municipal Parking Deck be rejected and readvertised. CITY OF PASSAIC RESOLUTION NO. 23-12-447 RESOLUTION REJECTING BID FOR 2022 NJDOT LOCAL TRANSPORTATION PROJECT FUNDS PROGRAM PASSAIC CITY MULTI-IMPROVEMENT PROJECT WHEREAS, bids were received by the Purchasing Director on Tuesday, December 5, 2023, for the 2022 NJDOT Local Transportation Project funds program Passaic City Multi-Improvement Project; and WHEREAS, a full list of vendors that downloaded specifications from the website can be obtained from the Purchasing Department; and WHEREAS it is in the recommendation of Yasseen Saadd, City Engineer that the bids received for the 2022 NJDOT Page 18 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Local Transportation Project funds program Passaic City Multi-Improvement Project be rejected so that the specifications can be revised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bid received for the 2022 NJDOT Local Transportation Project funds program Passaic City Multi-Improvement Project be rejected and re- advertised. CITY OF PASSAIC RESOLUTION NO. 23-12-448 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC AND SAFETY PEDESTRIAN SAFETY GRANT PROGRAM FY2024 WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Division of Highway Traffic and Safety Pedestrian Safety Grant Program; and WHEREAS, such grant is in the amount of $35,000 and covers the period of October 1, 2023, to September 30, 2024, for law enforcement personnel costs; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized accept a grant from the New Jersey Division of Highway Traffic Safety Pedestrian Safety Grant Program FY2024 in the amount of $35,000. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the required Contract Agreement and/or take all necessary action to accept grant funds from the State of New Jersey. Page 19 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 23-12-449 RESOLUTION AUTHORIZING 2024 INTERLOCAL SERVICES AGREEMENT WITH PASSAIC ENTERPRISE ZONE DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT REPRESENTATIVE WHEREAS, the City of Passaic maintains the position of Economic Development Representative; and WHEREAS, the Economic Development Representative is the long-time Zone Coordinator of the Passaic Enterprise Zone Development Corporation (PEZDC); and WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Economic Development Representative for approximately two- thirds of that employee’s time; and WHEREAS, sharing the time of the Economic Development Representative between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their December 13, 2023 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Economic Development Representative. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Economic Development Representative Page 20 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC providing the City with a payment of up to $89,164 for the period January 1, 2024 through December 31, 2024 for the services of the Economic Development Representative. CITY OF PASSAIC RESOLUTION NO. 23-12-450 RESOLUTION AUTHORIZING 2024 INTERLOCAL SERVICES AGREEMENT WITH PASSIAC ENTERPRISE ZONE DEVELOPMENT CORPORATION FOR BUSINESS ADMINISTRATOR WHEREAS, the City of Passaic maintains the position of Business Administrator; and WHEREAS, the Business Administrator has also served as Executive Director of the Passaic Enterprise Zone Development Corporation (PEZDC); and WHEREAS, the Passaic Enterprise Zone Development Corporation conducts programs to support economic development within the City of Passaic; and WHEREAS, The Passaic Enterprise Zone Development Corporation desires to utilize the services of the Business Administrator on a part-time basis; and WHEREAS, sharing the time of the Business Administrator between both the City and the PEZDC will result in efficiencies to both organizations; WHEREAS, the City and PEZDC have had a successful history of sharing employees in a similar manner; and WHEREAS, the PEZDC Board of Trustees at their December 13, 2023 meeting approved a resolution to enter into an inter-local services agreement with the City of Passaic for the services of the Business Administrator. Page 21 of 33 Passaic City Council Minutes: December 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 the Council authorizes the Mayor to enter into an inter-local services agreement with the PEZDC for the Executive Director providing the City with a payment of up to $53,232 for the period January 1, 2024 through December 31, 2024 for the services of the Business Administrator. CITY OF PASSAIC RESOLUTION NO. 23-12-451 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED CONGREGATION E YEHOSHUA, INC. OF PASSAIC V. CITY OF PASSAIC WHEREAS, Congregation E Yehoshua, Inc. of Passaic is the owner and/or taxpayer of real property designated as Block 1324, Lot 3 (39 Brook Avenue) and Block 1324, Lot 6 (35 Brook Avenue), 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 2020, 2021, 2022 and 2023 in matters entitled Congregation E Yehoshua, Inc. of Passaic v. City of Passaic, which are presently pending in the Tax Court of New Jersey; and WHEREAS, the total refund for the proposed settlement offer is $45,742.52; 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. Page 22 of 33 Passaic City Council Minutes: December 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 City of Passaic is hereby authorized to accept the proposed settlement offer for the matter entitled Congregation E Yehoshua, Inc. of Passaic v. City of Passaic, so that for the tax years 2020 and 2021 the total combined assessment for the two properties of $579,900 will remain; and so that for tax years 2022 and 2023, the property will be granted an exemption; resulting in a total refund to the taxpayer of $45,742.52. 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. 23-12-452 RESOLUTION AUTHORIZING SETTLEMENT OF TAX APPEALS CAPTIONED CONGREGATION ZICHRON SHLOMO V. CITY OF PASSAIC WHEREAS, Congregation Zichron Shlomo is the owner and/or taxpayer of real property designated as Block 1321.01, Lot 11 (167 Marietta Avenue) and Block 1321.01, Lot 12 (260 Park Avenue), 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 2021, 2022 and 2023 in matters entitled Congregation Zichron Shlomo v. City of Passaic, which are presently pending in the Tax Court of New Jersey; and WHEREAS, the total refund for the proposed settlement offer is $40,573.48; and Page 23 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it has been determined that the proposed settlement offer is in the best interest of the City of Passaic; and WHEREAS, the City of Passaic wishes to accept the proposed settlement offer. 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 Congregation Zichron Shlomo v. City of Passaic, so that for the tax years 2021, 2022 and 2023, the property will be granted an exemption; resulting in a total refund to the taxpayer of $40,573.48. 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. 23-12-453 NOTICE OF INTENT TO AWARD CONTRACT UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT FOR PARKING ENFORCEMENT SOFTWARE 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, OMNIA Partners holds the National Cooperative contract for Region XIV Education Service Center who is the lead agency responsible for the bidding process for this contract; Parking Enforcement Software; and WHEREAS, Passport Labs, Charlotte, NC was awarded the contract (Contract #05-82) through a formal bidding process for Parking Enforcement Software; and Page 24 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic wishes to enter into an agreement with Passport Labs, Charlotte, North Carolina for Parking Enforcement Software at the following prices: Digital Permits Software $2,395.83/month $28,749.96/year Licensing Fee WHEREAS, the contract is for an amount not to exceed $ 28,749.96/year. WHEREAS, the terms of the contract are from December 1, 2022 through November 30, 2025 with an option to renew for two (2) additional one (1) year terms through November 30, 2027. WHEREAS, information regarding this contract may be found on the https://www.omniapartners.com/suppliers/passport/public-sector. WHEREAS, it is the intent to recommend to the Passaic City Council to authorize a contract award to Passport Labs, Inc., North Carolina pursuant to the Region XIV Education Service Center, Abilene, TX, Contract #05-82. 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 OMNIA Partners; and BE IT FURTHER RESOLVED that the Comment period ends Thursday, January 11, 2024. CITY OF PASSAIC RESOLUTION NO. 23-12-454 RESOLUTION – BUDGET TRANSFERS CALENDAR YEAR 2023 Page 25 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT RESOLVED by the City Council of the City of Passaic in the County of Passaic and State of New Jersey, that, the following transfers are to be made from the Calendar Year 2023 Municipal Budget Appropriations: FROM TO Police SW 70,000.00 City Clerk OE 25,000.00 Vehicle Maint. OE 25,000.00 Municipal Court OE 20,000.00 TOTAL 70,000.00 70,000.00 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. 2431-23 ORDINANCE AMENDING CHAPTER 295 “VEHICLES AND TRAFFIC”, ARTICLE II “PARKING, STANDING AND STOPPING”, SECTION 7.2 “OVERNIGHT PARKING OF TRUCKS AND BUSES PROHIBITED” 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; and Page 26 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic” Article II, “Parking, Standing and Stopping”, Section 7.2 “Overnight Parking of Trucks and Buses Prohibited” set forth the rules and regulations governing the prohibition of overnight parking for trucks and buses in the City of Passaic; and WHEREAS, in the interest of the promotion of the general welfare, the City of Passaic wishes to amend the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic” Article II, “Parking, Standing and Stopping”, Section 7.2 “Overnight Parking of Trucks and Buses Prohibited”. NOW THEREFORE, IT IS 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 II, “Parking, Standing and Stopping”, Section 7.2 “Overnight Parking of Trucks and Buses Prohibited” is hereby amended as follows: ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW SECTION I 295-7.2. Overnight Parking of Trucks and Buses Prohibited A. The owner or operator of any omnibus, school bus, semitrailer, trailer, truck, or truck tractor regardless of the type of registration, private or commercial, as defined in Subsection B of this section, shall not park said vehicle upon any street in the City of Passaic between the hours of 10:00 p.m. and 6:00 a.m. (prevailing time). B. The following definitions will control for the purposes of this section: OMNIBUS Includes all motor vehicles used for the transportation of more than eight passengers, except commuter vans and vehicles used in ridesharing arrangements. SCHOOL BUS Page 27 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Every motor vehicle operated by, or under contract with, a public or governmental agency or religious or other charitable organization or corporation or privately operated for compensation for the transportation of children to or from school for secular or religious education which complies with the regulations of the Department of Education affecting school buses. This definition includes all vehicles with S1and S2 license plates. SEMITRAILER Every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. TRAILER Every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. TRUCK Includes every motor vehicle designed for commercial purposes, such as the transportation of goods, wares and merchandise or maintained primarily for the transportation of property. TRUCK TRAILER Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. C. Commercial vehicles. All vehicles defined in Subsection B of this section shall be prohibited from overnight parking unless the vehicle is used for the transportation of eight passengers or fewer. 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 28 of 33 Passaic City Council Minutes: December 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 be subject to review by the Council after passage of six months from its effective date. SECTION V This ordinance shall take effect upon publication as provided by law. Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on January 9, 2024. 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. 2432-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 407 Handicapped Parking Spaces. Page 29 of 33  Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 405 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 14 Cedar Street East Beginning at a point 109 T95LTV feet south of the southerly curbline of Summer Street and extending to a point 22 feet southerly therefrom 283 Madison South Beginning at a point 149 F42RBM Street feet east of the easterly curbline of Grove Street and extending to a point 22 feet easterly therefrom 98 Richard North Beginning at a point L66GJD Street 257feet east of the easterly curbline of Broadway and extending to a point 22 feet easterly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: Page 30 of 33  Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADDITION: NAME OF STREET SIDE LOCATION PLATE # 980 Main Avenue South (Highland Avenue) U91SUF Beginning at a point 80 feet east of the easterly curbline of Main Avenue and extending to a point 22 feet easterly therefrom Council Member Melo moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on January 9, 2024. 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 I join with the city council along with my Administration to congratulate St Michael's Cathedral on their 60th anniversary this year. I had the pleasure of attending their service on Sunday where Bishop Sweeney of Paterson and Bishop Kurt Burnette of Passaic were both in attendance with a number of bishops from around the country city. I also wanted to thank the police, the fire department, the DPW; we had a lot of rain and some flash flooding Page 31 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC conditions but in the city of Passaic some of the initiatives that we have implemented together have mitigated a few of the flooding issues. I want to thank the community for their cooperation as barricades went up. I just wanted to conclude by saying that on Thursday the 21st we welcome a new Deputy Mayor to the city of Passaic as I will be appointing Mr. Jaime Delgado as Deputy Mayor of Small Business and Cultural Affairs. We've seen his participation in different parades and festivals and activities, including the African-American Day parade with Dr. Love to the Peruvian parade, the Mexican parade and different family festivals and activities. Oftentimes behind the scenes he has served as a bridge for many small businesses to connect with many of our council members and the city to find out how to open, what codes they have to adhere to, what permits they have to get and we are acknowledging his leadership. For many years he's been a resident of the city of Passaic. We thank him for his service and he will be receiving this honorific designation to continue to represent in cultural activities around the city. At this time we'll have four Deputy Mayors: Deputy Mayor Minnie Hiller-Cousins of Veterans Affairs; Deputy Mayor Edwin Garcia of Deputy Mayor of Civic Engagement, IT, and Communications; he often helps with getting information out through social media; Deputy Mayor Juan Miguel Duron who serves often with our adult Recreation programs. Mr. Jaime Delgado will be sworn in here in the city council chambers. 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 8:37 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 32 of 33 Passaic City Council Minutes: December 19, 2023 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 33 of 33