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City Council

Regular Meeting

Passaic, NJ · April 2, 2024

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Minutes

City of Passaic New Jersey Passaic City Council April 2, 2024 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, APRIL 2, 2024 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 APRIL 2, 2024, CITY COUNTY 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 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. ON MARCH 20, 2024 PUBLIC NOTICE AND ZOOM INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X COUNCIL MEMBER MUNK WAS PRESENT VIA ZOOM, BUT WAS HAVING TECHNICAL DIFFICULTIES. ALSO PRESENT: Hector C. Lora, Mayor; Jonathan Frodella, City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council President Schaer read the following: Please be advised that the Administration has requested that Agenda Item No. 1, entitled "Ordinance No. 2441-24, Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Adopting a Redevelopment Plan for Block 4099 Lots 21, 24, & 26 (206, 212, 216 President Street) in the City of Passaic, New Jersey", be adjourned and set for a second and final hearing on April 18, 2024, City Council Meeting. Upon a motion by Council Member Love and seconded by Council Member Schwartz, Agenda Item No. 1 is carried to the April 18th 2024 City Council meeting. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X COUNCIL MEMBER MUNK WAS PRESENT VIA ZOOM, BUT WAS HAVING TECHNICAL DIFFICULTIES. MAYOR’S UPDATE Mayor Hector C. Lora provided updates on key city initiatives, beginning with the announcement that Passaic has been awarded $1.6 million through the efforts of Congressman Bill Pascrell and Senators Cory Booker and Bob Menendez to support flood mitigation efforts on Benson Avenue. He reminded residents of the Board of Education election on April 16, 2025, encouraging participation as election poll workers, with special opportunities for seniors and youth. The City Clerk’s Office will host a passport clinic on April 27, 2025, offering residents a streamlined application and renewal process. A fire safety seminar for seniors, led by Fire Chief Patrick Trentacost, will take place on April 9, 2025, while the free rabies vaccination clinic will be held on April 13, 2025, at Armory Memorial Dog Park. The Recreation Department’s summer employment applications will open on April 26, 2025, for residents 16 and older, with forms available online and at 330 Passaic Street. The mayor also highlighted upcoming religious observances and processions from St. Anthony’s Church, St. Mary’s Assumption Church, Holy Trinity Church, Our Lady of Fatima Page 2 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Church, and St. Nicholas Ukrainian Catholic Church, and thanked Police Chief Luis Guzman and the Passaic Police Department for their assistance. A town hall on parking is scheduled for April 6, 2025, to address ongoing parking challenges, including the construction of a new parking deck and potential solutions for the east side of the city. Lastly, the mayor shared the success of the special needs bowling event, where participants, including Councilman Terrence L. Love, Councilwoman Thania Melo, Board of Education Vice President Judith Sanchez, and Commissioner Patricia Abril Barrales-Garcia, competed against the special needs program, led by Joe Colon, who emerged victorious. He emphasized the city's commitment to community engagement, public safety, and inclusivity, thanking all departments for their continued efforts. MINUTES Council Meeting Minutes for January 11, 2024 were submitted for approval. Upon motion made by Council Member Love and seconded by Council Member Colon-Montanez the aforementioned meeting minutes were approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X COUNCIL MEMBER MUNK WAS PRESENT VIA ZOOM, BUT WAS HAVING TECHNICAL DIFFICULTIES. 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,” Page 3 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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: • Opposed using Armory Park for a pet clinic, citing its historical significance. • Questioned the demolition of 120 President Street, believing it was unnecessary. • Urged action on garbage accumulation and structural issues at 147-149 Broadway. • Raised safety concerns at the demolition site on Passaic and Aycrigg Avenues, noting the lack of fencing. • Criticized the lack of enforcement against illegal street vendors on Main Avenue. • Requested an update on the city’s 2024 crime report. • Officials acknowledged his concerns, confirming follow- ups on property issues and emphasizing that vendor enforcement requires proper verification. Aryeh Mack: • Thanked the Passaic and Wallington Police Departments for their assistance with his brother’s car accident and recovering his mother’s stolen car. • Asked how residents can help prevent crime. • Police Chief Luis Guzman advised that reporting suspicious activity is key, as officers cannot be stationed in all areas at all times. 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 ABSENT X X X X X X COUNCIL MEMBER MUNK WAS PRESENT VIA ZOOM, BUT WAS HAVING TECHNICAL DIFFICULTIES. Page 4 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) At the beginning of the city council meeting, Ordinance No. 2441-24 was voted to be carried to the April 18th meeting. Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2442-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Schwartz 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 ABSENT X X X X X X COUNCIL MEMBER MUNK WAS PRESENT VIA ZOOM, BUT WAS HAVING TECHNICAL DIFFICULTIES. 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 Page 5 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X CITY OF PASSAIC ORDINANCE NO. 2443-24 ORDINANCE AMENDING CHAPTER 295-36 OF THE CITY CODE LOADING ZONES Council Member Colon-Montanez moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Love, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council Member Garcia 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 6 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC ORDINANCE NO. 2444-24 ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” ARTICLE XII, “SCHEDULES” SECTION 21,“SCHEDULE IIB: ALTERNATE PARKING” TO ELIMINATE ALTERNATE SIDE PARKING FOR PORTIONS OF MERCER STREET, DWASLINE ROAD, AND ALLEN STREET Council Member Love 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 Aryeh Mack • What are the proposed changes and why does the city need to make the changes? 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 Schwartz 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 7 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC COMMUNICATIONS AND PETITIONS: On a motion by Council Member Schwartz and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Weatherly Frias, City Clerk, submitting an application for a Raffle License for St. Holy Rosary RC Church, 6 Wall Street, Passaic Passaic Family Head Start Inc., 68 Third Street, submitting an application to hold an Autism Walk on April 05, 2024, from 09:30 a.m. to 11:30 a.m. The walk will commence at 68 Third Street and will travel to Fourth Street to Mercer Street to Market Street to Essex Street, ending at 68 Third Street, only utilizing the sidewalk. (Rain date: April 08, 2024) (Contingent Upon Departmental Approvals) Passaic Clifton Passover Fund Inc., 24 West Parkway, Clifton, NJ submitting an application to hold a Pre- Holiday Passover Food Distribution, at 20 Brighton Ave parking lot (Private Parking Lot) from April 09, 2024, through April 16, 2024, from 10:00 a.m. to 4:00 p.m. Beis Chabad Passaic Clifton, 170 Main Ave, submitting an application to hold a Procession on June 09, 2024, from 11:30 a.m. to 11:45 a.m. The procession will commence on the corner of Pennington Ave and Van Hounten Ave and will travel onto Van Houten Ave, ending at 170 Main Avenue. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 8 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC On a motion by Council Member Melo and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Passaic Public School No. 11, 390 Gregory Ave, submitting the following applications: • 100th Anniversary Celebration at Christopher Columbus Park on May 17, 2024, from 7:30 a.m. to 4:00 p.m. (Rain Date: June 06, 2024) (Contingent Upon Departmental Approvals) • 8th Grade Field Day at Christopher Columbus Park on May 24, 2024, from 8:00 a.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) Ellen Ochoa School No. 22, 95 Dayton Ave, submitting an application to hold a Mental Health Awareness Color Run within the confines of Third Ward Park on May 24, 2024, from 9:00 a.m. to 12:00 p.m. (Contingent Upon Departmental Approvals) Passaic Arts & Science Charter, 188 First Street, submitting an application to hold their Annual Field Day at Pulaski Park on May 31, 2024, from 8:00 a.m. to 2:00 p.m. (Rain date : June 14, 2024) (Contingent Upon Departmental Approvals) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X X X ABSTAIN 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 Schwartz the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: • National Arab American Heritage Month April 2024 Proclamation Page 9 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC State of NJ Department of Environmental Protection, submitting the following: • Area of Concern- 1,000 Gallon #2 Heating Oil Tank System /No Further Action Letter Covenant Not to Sue Block 1327.01, Lot 3 -85-87 Terhune Ave • Area of Concern- 1,000 Gallon #2 Heating Oil Tank System /No Further Action Letter Covenant Not to Sue Block 3289.01, Lot 61-202 Howard Ave • Classification Exception Area / Well Restriction Area Innovative Laminating Company ; Passaic City , Passaic County Program Interest Number: G000029158 Subject Item ID: CEA100122557 Activity Number:LSR120001 RLG Environmental INC, submitting the following: • Response Action Outcome; Remedial Action Type: Unrestricted Use Case Name: 12 Orth Avenue Residence; Address: 12 Orth Avenue County of Passaic, Department of Health Services, submitting the following: • Correspondence: Informational packet in the event that spraying for adult mosquitos is deemed necessary within your municipality Passaic Valley Water Commission, submitting the following: • Agenda of their March 27, 2024 meeting. North Jersey District Water Supply Commission, submitting the following: • Agenda of their March 27, 2024 meeting. 363- 365 Main Avenue LLC,18 Almadera Drive, Wayne, N.J. 07470 submitting the following: Notice to property owners within 200ft of Development: 363-365 Main Ave(City of Passaic-Zoning Board Hearing – Scheduled for March 19, 2024) Millennium Strategies submitting their monthly report as of March 01, 2024 ROLL CALL Munk Love Melo Schwartz Garcia Colon- CP Schaer Page 10 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Schwartz and seconded by Council Member Garcia the following communications and petitions were received placed on file and approval granted Passaic Board of Education, submitting the following: • Notice of their March 25, 2024 Regular meeting ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X X X ABSTAIN X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON APRIL 2, 2024, 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 Colon-Montanez the following RESOLUTIONS WERE OFFERED FOR ADOPTION Page 11 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-04-080 RESOLUTION AWARDING A PROPOSAL FOR FIREWORKS DISPLAY SHOW WHEREAS, proposals were received by the Director of Purchasing on Wednesday, March 20, 2024, for Fireworks Display Show; 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, specifications were downloaded from the City of Passaic’s website by multiple vendors (a full list can be obtained from the Purchasing Department): and WHEREAS, the Evaluation Committee reviewed the proposals received and recommends that the contract for the fireworks display show be awarded to Serpico Pyrotechnics, LLC. of Toms River, for a total amount not to exceed $19,240.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal for Fireworks Display Show be awarded to Serpico Pyrotechnics, LLC. of Toms River, for a total amount not to exceed $19,240.00. CERTIFICATION OF FUNDS Funds for the above are available in Mayor & Council Community Activity Account # 4-01-20-110-000-047 CITY OF PASSAIC RESOLUTION NO.24-04-081 RESOLUTION AWARDING CONTRACT FOR TURF FIELD MAINTENANCE PULASKI PARK SOCCER/ Page 12 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC FOOTBALL FIELD ROBERTO CLEMENTE BASEBALL FIELD CHRISTOPHER COLUMBUS PARK INDOOR RECREATION FACILITY AND CHRISTOPHER COLUMBUS PARK ATHLETIC FIELD WHEREAS, the Department of Purchasing received proposals on Thursday, March 14, 2024, for Turf Field Maintenance, Pulaski Park Soccer/Football Field, Roberto Clemente Baseball Field, Christopher Columbus Park Indoor Recreation Facility and Christopher Columbus Park Athletic Field; 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 WHEREAS, a full list of vendors that downloaded specifications from the website can be obtained from the Purchasing Department; and WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Turf Filed Maintenance inclusive of G-Max Testing be awarded to The Landtek Group, Inc. of Bayshore, NY for a not to exceed amount of $ 26,418.00; and WHEREAS, the Contract is for a two (2) year term with the option to renew for one (1) additional year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Turf Field Maintenance, Pulaski Park Soccer/Football Field, Roberto Clemente Baseball Field, Christopher Columbus Park Indoor Recreation Facility, and Christopher Columbus Park Athletic Field be awarded to The Landtek Group, Inc, of Bayshore, in a not to exceed amount of $26,418.00. CERTIFICATION OF FUNDS Page 13 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available in Recreation Acct. #4- 01-28-370-000-029. Funds for subsequent year will be available contingent upon budget approval. CITY OF PASSAIC RESOLUTION NO.24-04-082 RESOLUTION AWARDING CONTRACT FOR GEESE CONTROL SERVICES PASSAIC, NJ WHEREAS, proposals were received by the Director of Purchasing on March 14, 2024, for Geese Controls Services; 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 complete list of vendors that downloaded proposals is available in the Purchasing Department; and WHEREAS, a proposal was received as per the attached; and WHEREAS, the Evaluation Committee reviewed the proposal received and recommends that the contract for Geese Control Services / Nest Addling (as needed) be awarded to Geese Chasers, of Great Meadows, NJ in an Amount Not To Exceed $ 32,240.00 for the contract period of April 1, 2024 – March 31, 2025; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Geese Control Services / Nest Addling (as needed) be awarded to Geese Chasers, Great Meadows, NJ in an Amount Not To Exceed $ 32,240.00 for the contract period of April 1, 2024 – March 31, 2025; and Page 14 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 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 a contract for these services on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds are available in Account #4-01-28-375-000-029. Funds for subsequent budget year will be available contingent upon budget approval. CITY OF PASSAIC RESOLUTION NO.24-04-083 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR SPEER VILLAGE SINK HOLE WHEREAS, on November 23, 2021, The City Council of the City of Passaic adopted Resolution #21-11-314 (Attached) approving a contract with Boswell Engineering of South Hackensack, NJ for Design and Construction Inspection Services for Speer Village Sink Hole in an amount not to exceed $ 127,300.00; and WHEREAS, it is necessary to decrease the contract amount by $25,075.77 for a revised total amount of $ 102,224.23. NOW, THEREFORE, BE IT RESOLVED that the contract with Boswell Engineering, for Design and Construction Inspection Services for Speer Village Sink Hole shall be amended to decrease the contract amount to $102,224.23. BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this amendment on a form approved by the City Attorney and that this amendment be filed in the City Clerk’s Office. Page 15 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO.24-04-084 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE PASSAIC COUNTY DEPARTMENT OF HUMAN SERVICES REGIONAL STATION HOUSE ADJUSTMENT PROGRAM FUNDING WHEREAS, the City of Passaic desires to accept a grant from the Passaic County Department of Human Services for the Station House Adjustment Program; and WHEREAS, such grant is in the amount of $23,467.00 and covers the period of January 1st, 2024 through December 31st 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the Passaic County Department of Human Services in the amount of $23,467.00; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute the required Contract Agreement and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION NO.24-04-085 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)- AMERICAN RESCUE PLAN FIREFIGHTER GRANT (ARPFFG) AWARD FY2024 Page 16 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic applied and has been awarded funding from the New Jersey Department of Community Affairs through the American Rescue Plan Firefighter Grant Program FY2024; and WHEREAS, the City of Passaic desires to accept the grant from the New Jersey Department of Community Affairs through the American Rescue Plan Firefighter Grant Program FY2024 to purchase personal protective equipment for the members of the Passaic City Fire Department; and WHEREAS, such grant award is in the amount of $30,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the grant award from the New Jersey Department of Community Affairs through the American Rescue Plan Firefighter Grant Program FY2024 in the amount of $30,000.00; and BE IT FURTHER RESOLVED THAT the Mayor and Clerk are hereby authorized to execute any documents and/or take all other steps necessary to effectuate the receipt of the grant monies. CITY OF PASSAIC RESOLUTION NO.24-04-086 RESOLUTION AUTHORIZING APPLICATION FOR THE UNITED WAY OF PASSAIC COUNTY FY24 EMERGENCY FOOD AND SHELTER PROGRAM (EFSP) WHEREAS, the City of Passaic has learned of the availability of funding from the United Way of Passaic County FY2024 Emergency Food and Shelter Program to supports low-income residents on an emergency basis by providing meals or groceries, lodging in a shelter or hotel, one month’s rent or mortgage payment, one month’s Page 17 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC utility bill, or equipment necessary for organizations to feed or shelter people; and WHEREAS, said grant requires no matching funds from the City of Passaic; and WHEREAS, the City of Passaic wishes to submit an application for this grant in the amount of $20,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of Passaic, that the City of Passaic is hereby authorized to submit a grant application to the United Way of Passaic County FY2024 Emergency Food and Shelter Program; and BE IT FURTHER RESOLVED that the Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the United Way of Passaic County FY2024 Emergency Food and Shelter Program. CITY OF PASSAIC RESOLUTION NO.24-04-087 RESOLUTION ACCEPTING ADDITIONAL FUNDING FROM THE CITY OF PATERSON FOR THE PASSAIC MUNICIPAL ALLIANCE TO ASSIST PERSONS WITH THE HIV SPECTRUM DISEASE IN OBTAINING AND MAINTAINING STABLE HOUSING THROUGH THE HOUSING OF PEOPLE WITH AIDS (HOPWA) WHEREAS, the City of Passaic submitted an application and was awarded funding for the 2022 HOPWA funds in the amount of $82,500 for the delivery of housing assistance persons living with HIV/AIDS in the City of Passaic and Passaic County; and WHEREAS, the City of Passaic has been approved for additional funding for this program for the period of March 2024 to August 2024 for the delivery of services to Page 18 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC persons living with HIV/AIDS in the City of Passaic and Passaic County; and WHEREAS, the following is the breakdown of the grant by service categories: HOPWA Original Amendment TOTAL award 7% Administration/Program $5,775 $2,800 $8,575 Delivery Direct Program Services $76,725 $37,200 $113,925 TOTAL $82,500 $40,000 $122,500 NEW TOTAL= $122,500.00 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic does hereby accept grant funds in the total amount of $122,500.00 for the HOPWA program. BE IT FURTHER RESOLVED that the Passaic Alliance, the Mayor of the City of Passaic, and the City Clerk are hereby authorized to execute all necessary documents and to carry out the terms and provisions of this grant. CITY OF PASSAIC RESOLUTION NO.24-04-088 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION AND GRANT ACCEPTANCE FOR THE NEW JERSEY DEPARTMENT OF HIGHWAY AND TRAFFIC SAFETY DISTRACTED DRIVING CRACKDOWN U DRIVE. U TEXT.U PAY GRANT 2024 WHEREAS, the City of Passaic Police Department wishes to submit an application and accept a grant for the Distracted Driving Statewide Crackdown U Drive U Text U Pay Grant Program that is being offered through the New Jersey Department of Highway and Traffic Safety (“Program”); and Page 19 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the purpose of the Program is to provide funding to local police departments to conduct enforcement details related to distracted driving; and WHEREAS, such grant is in the amount of $12,250.00 and covers the period of April 1st, 2024 through April 30th 2024; and WHEREAS, funding through this Program may only be applied towards reimbursement for police overtime enforcement details conducted between April 1, 2024 and April 30, 2024; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to submit an application and accept a grant from the New Jersey Department of Highway and Traffic Safety Distracted Driving Crackdown U Drive U Text U Pay Grant Program; and BE IT FURTHER RESOLVED that the Mayor, City Clerk, and Police Department are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO.24-04-089 RESOLUTION OF SUPPORT FROM CITY OF PASSAIC’S APPLICATION FOR THE 2024 SUSTAINABLE JERSEY-PSE&G ENERGY EFFICIENCY PARTNERSHIP PROGRAM WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic, and social objectives are balanced and mutually supportive; and Page 20 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic strives to save tax dollars, assure clean land, air and water, improve working and living environments; and WHEREAS, City of Passaic is participating in Sustainable Jersey; and WHEREAS, one of the purposes of Sustainable Jersey is to provide resources to municipalities to make progress on sustainability issues, and they have created the 2024 Sustainable Jersey-PSE&G Energy Efficiency Partnership Program to help increase energy efficiency for residents, businesses, and municipal facilities. This Program includes a Sustainable Jersey Start-up Grant funded by PSE&G in the amount of $2,500 for first-time participants. THEREFORE, the Passaic City Council has determined that the City of Passaic should apply for the aforementioned 2024 Sustainable Jersey-PSE&G Energy Efficiency Partnership Program and $2,500 Start-up Grant (one-time per municipality upon entering the Program); and THEREFORE, the City of Passaic applying for the 2024 Sustainable Jersey-PSE&G Energy Efficiency Partnership Program, will provide staff support for all activities related to the Sustainable Jersey-PSE&G Energy Efficiency Partnership Program, including the ability to improve building performance through energy efficiency analysis, planning, and preparing applications for PSE&G incentives for facility upgrades; and • Identify one or more staff to serve as primary contacts for Sustainable Jersey for the projects selected (e.g. outreach campaigns; energy efficiency in municipal facilities) • Provide access to utility bills and other energy records as needed for the project (energy efficiency in municipal facilities) • Commit to attend a virtual kick-off event and other virtual trainings (energy efficiency outreach campaigns) Page 21 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Provide support from relevant finance, facility, and other staff as needed for project implementation THEREFORE, that the Passaic City Council of Passaic City, State of New Jersey, authorizes submission of the aforementioned application to the 2024 Sustainable Jersey- PSE&G Energy Efficiency Partnership Program; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. 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. 2445-24 ORDINANCE AMENDING CHAPTER 289 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “TREES AND SHRUBBERY” WHEREAS, pursuant to N.J.S.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 arid 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 22 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Chapter 289 of the Code of the City of Passaic, "Trees and Shrubbery," sets forth all regulations regarding Trees within the City of Passaic; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, that sections of Chapter 289 of the Code of the City of Passaic, "Trees and Shrubbery,” set forth below are hereby amended as follows and that those portions of the Ordinance not set forth below shall remain unchanged. SECTION I Section 289-1. Definitions APPLICANT Any “person”, as defined below, who applies for approval to remove trees regulated under this ordinance. CRITICAL ROOT RADIUS (CRR) The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6” DBH would have a CRR = 6”x1.5’ = 9’ DEPARTMENT Includes the Department of Parks and Public Property of the city, the Director of such Department and any person who the Director shall assign or appoint to perform any act under the provisions of this chapter. DIAMETER OF BREAST HEIGHT (DBH) The diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 ½ foot height, the DBH shall be measured at the highest point before any division. Page 23 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC HAZARD TREE A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. 1. Has an infectious disease or insect infestation; 2. Is dead or dying; 3. Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; 4. Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or 5. Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE) PARK Includes a city park, city parkway or city park strip in the city. PERSON Any individual, resident, corporation, utility, company, partnership, firm, or association. PLANTING STRIP The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. RESIDENT An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed. STREET Page 24 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Includes road, roadway, highway, public alley and public place in the city. STREET TREE A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges. TREE A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground. This Includes shade tree, ornamental tree and shrubbery presently planted or which shall hereafter be planted in any street or park in the city. TREE CALIPER The diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line. TREE REMOVAL To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species. Section 289-2. Regulated Activities B. Tree Replacement Requirements Page 25 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 1) Any person who removes one or more street tree(s) with a DBH of 2.5” or more, unless exempt under Section C, shall be subject to the requirements of the Tree Replacement Requirements Table below. 2) Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of 6” or more per acre, unless otherwise detailed under Section C, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with Appendix A. 3) Replacement Trees Shall: a) Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the Tree Replacement Criteria in the table below; b) Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the municipality; c) Be monitored by the applicant for a period of two (2) years to ensure their survival and shall be replaced as needed within twelve (12) months; and d) Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements Tree Replacement Requirements Table: Category Tree Removed Tree Replacement Criteria (DBH) (See Appendix A) 1 DBH of 2.5” Replant 1 tree with a (for street minimum tree caliper of trees) or 6” 1.5” for each tree removed (for non- Page 26 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC street trees) to 12.99” 2 DBH of 13” to Replant 2 trees with 22.99” minimum tree calipers of 1.5” for each tree removed 3 DBH of 23” to Replant 3 trees with 32.99” minimum tree calipers of 1.5” for each tree removed 4 DBH of 33” or Replant 4 trees with greater minimum tree calipers of 1.5” for each tree removed 4) The fee for a tree removal permit application shall be the following Number of Trees Fee 1 to 5 $50.00 6 to 10 $100.00 11 to 20 $200.00 21 to 50 $300.00 51 and Over $400.00, plus an additional $100.00 for each additional 50 trees or part thereof 5) Replacement Alternatives: If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall plant replacement trees in a separate area(s) approved by the municipality. C. Exemptions: All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. A signed statement of findings by a New Page 27 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Jersey licensed tree expert or professional arborist will be required for all persons claiming exemption. 1) Residents who remove less than four (4) trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. 2) Tree farms in active operation, nurseries, fruit orchards, and garden centers; 3) Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality; 4) Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan. 5) Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP), or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan; 6) Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; 7) Hazard trees may be removed with no fee or replacement requirement. D. Violations and Penalties: Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine of $1,000.00 per tree. Appendix A Page 28 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Approved list of Replacement tree Species and Planting Standards for City of Passaic Tree Species Cultivars Planting Planting Procedure Season (soil type, watering, pruning, staking, wrapping, exposure, depth, mulching, etc) Acer Rubrum Spring / Full Sun to Part Red Maple Fall Shade, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam) Acaer x Freemanii Armstrong, Spring / Full Sun, Soil Freeman Maple Fairfall, Fall Moisture - average Marmo, to dry, Soil Type scarlet wide range (clay to Sentinel sandy loam) Amelanchier laevis Spring / Full Sun to Part Shadblow Fall Shade, Soil Serviceberry Moisture - average to wet, Soil Type wide range (prefers well-drained loams) Betula Nigra Spring / Full Sun, Soil River Birch Fall Moisture - average to wet, Soil Type- Prefers moist, acidic, fertile soils Carpinus Native Flame Spring Part Shade, Soil Caroliniana Moisture - average American Hornbeam to wet, Soil Type - Prefers moist, organically rich soils Celtis Spring Full Sun to Part Occidentalis Shade, Soil Hackberry Moisture - average to dry, Soil Type Page 29 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC wide range (clay to sandy loam) Cercis Canadensis Fall Full Sun to Part Eastern Red Bud Shade, Soil Moisture - average to wet, Soil Type - Performs best in moderately fertile soils Cercis Chinensis Late Full Sun to Part Chinese Redbud Spring / Shade, Soil Early Moisture - average Summer to wet, Soil Type - Performs best in moderately fertile soils Cladrastis Sweetshade, Spring Full Sun, Soil Kentukea Perkins Pink Moisture - average, Yellowwood Soil Type - Prefers moist well drained, organically rich soils. Crataegus Crus- Thornless Spring / Full Sun, Soil galli varieties Fall Moisture - average Cockspurn Hawthorn only to medium moisture, Soil Type wide range (clay to sandy loam) Ginkgo Bilobra Spring / Full Sun, Soil Ginkgo, Maidenhair Fall Moisture - average Tree to medium moisture, Soil Type wide range (clay to sandy loam) Gladitsia Moraine, Spring / Full Sun, Triacanthos Shademaster, Fall Thornless, Soil Honey Locust Sunburst, Moisture - average Imperial to medium moisture, Soil Type wide range (clay to sandy loam) Page 30 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Gymnocladus Early Full Sun, Soil Dioicus Winter / Moisture - Medium Kentucky Early moisture, Soil Type Coffeetree Spring organically rich, well-drained soils Liquidambar Cherokee, Early Full Sun to Part Styraciflua Rotundiloba, Winter / Shade, Soil American Sweetgum Slender Early Moisture - average Silouette, Spring to wet, Soil Type Worplesdon wide range (clay to sandy loam) Liriodendron Ardis, Spring / Full Sun, Soil Tulipifera Arnold, Fall Moisture - average, Tulip Tree Emerald Soil Type - City, organically rich, Fastigiatum well-drained loams Metasequoia Fall Full Sun to Part Glyptostroboides Shade, Soil Dawn Redwood Moisture - average to wet, Soil Type - well-drained loam Nyssa Sylvatica Spring / Full Sun, Soil Black Gum Fall Moisture - average to wet, Soil Type sandy loam Ostrya Virginiana Spring / Full Sun to Part Eastern Hop Fall Shade, Soil Hornbeam Moisture - Medium moisture, Soil Type organically rich, well-drained soils Platanus x Spring / Full Sun to Part Acerifolia Fall Shade, Soil London Planetree Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prunus Cistena Early Full Sun, Soil Purple-leaf Sand Spring Moisture - average, Cherry Soil Type - Page 31 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC organically rich, well-drained loams Prunus Sargentii Early Full Sun, Soil Sargent Cherry Spring Moisture - Medium moisture, Soil Type organically rich, well-drained soils Prunus Virginiana Spring / Full Sun to Part Chokecherry Early Shade, Soil Summer Moisture - average to dry, Soil Type wide range (clay to sandy loam) Quercus Bicolor Hightower Spring Full Sun, Soil Swamp White Oak Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prefers acidic soil Quercus Coccinea Kindred Spring Full Sun, Soil Scarlet Oak Spirit, Moisture - average Fastigiata, to dry, Soil Type Skyrocket wide range (clay to sandy loam) Quercus Macrocarpa Spring Full Sun, Soil Bur Oak Moisture - average to dry, Soil Type wide range (clay to sandy loam) Prefers moist well-drained loams Quercus Spring Full Sun, Soil Muehlenbergii Moisture - average Chinkapin Oak to dry, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams Quercus Michauxii Spring Full Sun, Soil Chestnut Oak Moisture - average to wet, Soil Type wide range (clay to Page 32 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC sandy loam) Prefer moist fertile loams Quercus Palustris Spring Full Sun, Soil Pin Oak Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams Quercus Phellos Spring Full Sun, Soil Willow Oak Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams Quercus Robur Spring Full Sun, Soil English Oak Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams Quercus Rubra Spring Full Sun, Soil Northern Red Oak Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers acidic soil Tilia Americana Spring / Full Sun to Part American Linden Fall Shade, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile, well-drained loams Ulmus Americana Accolade, Spring / Full Sun to Part American Elm Frontier Fall Shade, Soil Moisture - average to medium moisture, Soil Type - Prefers Page 33 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC moist, fertile, well-drained loams Ulmus Parvifolia Spring / Full Sun, Soil Lacebark Elm Fall Moisture - average to medium moisture, Soil Type - Prefers rich, moist loams Zelkova Serrata Spring Full Sun, Soil Zelkova Moisture - average to medium moisture, Soil Type - Prefers rich, moist loams 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 Colon-Montanez moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on April 18, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 34 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X MAYOR’S REPORT • Mayor noted that Agenda item 32 applies to all trees in the city of Passaic; everyone would have to request a permit and the tree removal company will have to show proof that they are professional and that they have insurance. The administration will review the ordinance and come back with more clarity to the council at the next meeting • The veteran’s initiative, where the city added flags are in a different portion of Armory Park than where we're hosting the animal clinic. The animal clinic will be held in the dog park section. • As spring season approaches, there are a lot of activities, programs, and summer jobs for citizens. He encouraged residents to register their children for our sports programs, for summer employment opportunities with the city recreation department. • Passaic’s annual Spring Festival was held in the park with great deal of participation with our kids. • On April 16th we have the Board of Education election; he encourages residents to participate. ADJOURNMENT There being no further business to come before the Council, on a motion by Council Member Schwartz and seconded by Council Member Melo the meeting was adjourned at 8:05 p.m. ROLL CALL Page 35 of 36 Passaic City Council Minutes: April 2, 2024 Approved: September 5, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 36 of 36

Agenda

City Council Agenda: April 02, 2024 City of Passaic New Jersey CITY COUNCIL REGULAR MEETING AGENDA https://drive.google.com/drive/folders/1lWrCi5R5Eukk8o57wjg1h82o3sxrO0mu?usp=sharing April 02, 2024 7:00 P.M. 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 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. ON March 20, 2024 PUBLIC NOTICE AND ZOOM INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MAYOR’S UPDATE V. MINUTES: January 11, 2024 City Council Meeting VI. HEARING OF CITIZENS In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting…” Therefore, please be advised that the Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which a person intends to intimidate any individual or group because of race, color, religion, gender, handicap, sexual orientation or ethnicity or makes comments intending to harass or speak any offensive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. VII. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) 1. ORDINANCE NO. 2441-24 ORDINANCE ADOPTING A REDEVELOPMENT PLAN FOR BLOCK 4099 LOTS 21, 24, & 26 (206, 212, 216 PRESIDENT STREET) IN THE Page 1 of 4 City Council Agenda: April 02, 2024 CITY OF PASSAIC, NEW JERSEY (The second and Final Hearing to be set for April 18, 2024 ) 2. ORDINANCE NO. 2442-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER 3. ORDINANCE NO. 2443-24 ORDINANCE AMENDING CHAPTER 295-36 OF THE CITY CODE LOADING ZONES 4. ORDINANCE NO. 2444-24 ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” ARTICLE XII, “SCHEDULES” SECTION 21,“SCHEDULE IIB: ALTERNATE PARKING” TO ELIMINATE ALTERNATE SIDE PARKING FOR PORTIONS OF MERCER STREET, DWASLINE ROAD, AND ALLEN STREET VIII. COMMUNICATION 5. Weatherly Frias, City Clerk, submitting an application for a Raffle License for St. Holy Rosary RC Church, 6 Wall Street, Passaic 6. Passaic Family Head Start Inc., 68 Third Street, submitting an application to hold an Autism Walk on April 05, 2024, from 09:30 a.m. to 11:30 a.m. The walk will commence at 68 Third Street and will travel to Fourth Street to Mercer Street to Market Street to Essex Street, ending at 68 Third Street, only utilizing the sidewalk. (Rain date: April 08, 2024) (Contingent Upon Departmental Approvals) 7. Passaic Clifton Passover Fund Inc., 24 West Parkway, Clifton, NJ submitting an application to hold a Pre-Holiday Passover Food Distribution, at 20 Brighton Ave parking lot (Private Parking Lot) from April 09, 2024, through April 16, 2024, from 10:00 a.m. to 4:00 p.m. 8. Passaic Public School No. 11, 390 Gregory Ave, submitting the following applications:  100th Anniversary Celebration at Christopher Columbus Park on May 17, 2024, from 7:30 a.m. to 4:00 p.m. (Rain Date: June 06, 2024) (Contingent Upon Departmental Approvals)  8th Grade Field Day at Christopher Columbus Park on May 24, 2024, from 8:00 a.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) 9. Ellen Ochoa School No. 22, 95 Dayton Ave, submitting an application to hold a Mental Health Awareness Color Run within the confines of Third Ward Park on May 24, 2024, from 9:00 a.m. to 12:00 p.m. (Contingent Upon Departmental Approvals) 10. Beis Chabad Passaic Clifton, 170 Main Ave, submitting an application to hold a Procession on June 09, 2024, from 11:30 a.m. to 11:45 a.m. The procession will commence on the corner of Pennington Ave and Van Hounten Ave and will travel onto Van Houten Ave, ending at 170 Main Avenue. 11. Passaic Arts & Science Charter, 188 First Street, submitting an application to hold their Annual Field Day at Pulaski Park on May 31, 2024, from 8:00 a.m. to 2:00 p.m. (Rain date : June 14, 2024) (Contingent Upon Departmental Approvals) 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. 12. Hon. Hector C. Lora, Mayor, submitting the following:  National Arab American Heritage Month April 2024 Proclamation 13. State of NJ Department of Environmental Protection, submitting the following:  Area of Concern- 1,000 Gallon #2 Heating Oil Tank System /No Further Action Letter Covenant Not to Sue Block 1327.01, Lot 3 -85-87 Terhune Ave Page 2 of 4 City Council Agenda: April 02, 2024  Area of Concern- 1,000 Gallon #2 Heating Oil Tank System /No Further Action Letter Covenant Not to Sue Block 3289.01, Lot 61-202 Howard Ave  Classification Exception Area / Well Restriction Area Innovative Laminating Company ; Passaic City , Passaic County Program Interest Number: G000029158 Subject Item ID: CEA100122557 Activity Number:LSR120001 14. RLG Environmental INC, submitting the following :  Response Action Outcome; Remedial Action Type: Unrestricted Use Case Name: 12 Orth Avenue Residence; Address: 12 Orth Avenue 15. County of Passaic, Department of Health Services, submitting the following :  Correspondence: Informational packet in the event that spraying for adult mosquitos is deemed necessary within your municipality 16. Passaic Valley Water Commission, submitting the following:  Agenda of their March 27, 2024 meeting. 17. North Jersey District Water Supply Commission, submitting the following:  Agenda of their March 27, 2024 meeting. 18. 363- 365 Main Avenue LLC,18 Almadera Drive, Wayne, N.J. 07470 submitting the following: Notice to property owners within 200ft of Development: 363-365 Main Ave(City of Passaic-Zoning Board Hearing – Scheduled for March 19, 2024) 19. Millennium Strategies submitting their monthly report as of March 01, 2024 20. Passaic Board of Education, submitting the following:  Notice of their March 25, 2024 Regular meeting IX. RESOLUTIONS 21. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON APRIL 02, 2024, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 22. RESOLUTION AWARDING A PROPOSAL FOR FIREWORKS DISPLAY SHOW (AWARDED TO SERPICO PYROTECHNICS, LLC. OF TOMS RIVER, NJ IN A NOT TO EXCEED AMOUNT OF $19,240.00) 23. RESOLUTION AWARDING CONTRACT FOR TURF FIELD MAINTENANCE PULASKI PARK SOCCER/FOOTBALL FIELD ROBERTO CLEMENTE BASEBALL FIELD CHRISTOPHER COLUMBUS PARK INDOOR RECREATION FACILITY AND CHRISTOPHER COLUMBUS PARK ATHLETIC FIELD (THE LANDTEK GROUP, INC. OF BAYSHORE NY IN THE NOT TO EXCEED AMOUNT OF $ 26, 418.00) 24. RESOLUTION AWARDING CONTRACT FOR GEESE CONTROL SERVICES PASSAIC, NJ (GEESE CHASERS, IN AN AMOUNT NOT TO EXCEED $ 32,240.00) 25. RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR DESIGN AND CONSTRUCTION INSPECTION SERVICES FOR SPEER VILLAGE SINK HOLE (BOSWELL ENGINEERING DECREASE CONTRACT $25,075.77) 26. RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE PASSAIC COUNTY DEPARTMENT OF HUMAN SERVICES REGIONAL STATION HOUSE ADJUSTMENT PROGRAM FUNDING ($23,467.00) 27. RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS (DCA)- AMERICAN RESCUE PLAN FIREFIGHTER GRANT (ARPFFG) AWARD FY2024 ($30,000) 28. RESOLUTION AUTHORIZING APPLICATION FOR THE UNITED WAY OF PASSAIC COUNTY FY24 EMERGENCY FOOD AND SHELTER PROGRAM (EFSP) ($20,000) Page 3 of 4 City Council Agenda: April 02, 2024 29. RESOLUTION ACCEPTING ADDITIONAL FUNDING FROM THE CITY OF PATERSON FOR THE PASSAIC MUNICIPAL ALLIANCE TO ASSIST PERSONS WITH THE HIV SPECTRUM DISEASE IN OBTAINING AND MAINTAINING STABLE HOUSING THROUGH THE HOUSING OF PEOPLE WITH AIDS (HOPWA) 30. RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION AND GRANT ACCEPTANCE FOR THE NEW JERSEY DEPARTMENT OF HIGHWAY AND TRAFFIC SAFETY DISTRACTED DRIVING CRACKDOWN U DRIVE. U TEXT.U PAY GRANT 2024 31. RESOLUTION OF SUPPORT FROM CITY OF PASSAIC’S APPLICATION FOR THE 2024 SUSTAINABLE JERSEY-PSE&G ENERGY EFFICIENCY PARTNERSHIP PROGRAM X. ORDINANCE FOR INTRODUCTION AND FIRST READING: 32. ORDINANCE AMENDING CHAPTER 289 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “TREES AND SHRUBBERY” XI. PAYMENT OF BILLS XII. ADMINISTRATOR’S REPORT XIII. MAYOR’S REPORT XIV. ADJOURNMENT (Next meeting of the City Council – April 18, 2024, at 7:00 PM) Members of the public can view, but not participate in, the City Council meeting starting at 7:00 P.M. by using the “Zoom” online meeting platform using the following Internet link: https://us02web.zoom.us/j/89892612341 MEMBERS OF THE PUBLIC VIEWING VIA ZOOM WHO WOULD LIKE TO HAVE A STATEMENT READ AT THE MEETING: Please email your prepared statement to publiccomment@cityofpassaicnj.gov by 3:00 P.M. on the day of the meeting. Please note that viewing the meeting via Zoom and submitting a written statement are not substitutes for live attendance and do not constitute official meeting participation under the Open Public Meetings Act. Page 4 of 4

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