City Council

City of Passaic New Jersey Passaic City Council May 21, 2024 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, MAY 21, 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 MAY 21, 2024 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 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 MAY 08, 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 ABSENT X X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Susie Burns, City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. MAYOR’S UPDATE • Councilman Munk joined meeting at 7:00 • Councilman Love joined meeting 7:09 • Mayor Hector Lora attended the Blue Mass at St. John’s Cathedral in Paterson, NJ, honoring fallen officers, including Passaic Officer Brian Lora and Passaic County Sheriff Richard Berdnik. Lieutenant Governor Tahesha Way, Attorney General Matthew Platkin, and Congressman Bill Pascrell were among the dignitaries present.  Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Beginning June 1st, the city will enforce regulations on unlicensed food vendors operating illegally. The initiative includes the police, code enforcement, and health departments to ensure compliance with health standards and fair competition for permitted businesses. Vendors have had a grace period and designated selling areas but continue to operate unlawfully. Zero tolerance enforcement will begin, with fines, product confiscation, and towing of unauthorized vehicles. • Illegal food vendors have been linked to public health risks, environmental issues like grease dumping, and unfair competition against legal businesses. The city clerk’s office at 330 Passaic Street is available for vendors to apply for permits. • DPW has begun seasonal pothole repair and road resurfacing, addressing damage from winter conditions. Projects will continue through August, including work on 3rd Street, Summer Street, Parkview Ave, Orth Ave, Donald Ave, Ball Ave, Vreeland Ave, Hoover Ave, 8th Street, Myrtle Ave, Passaic Street, Exchange Street, Chestnut Street, High Street, Oak Street, Howe Ave (Main Ave to Prospect St), Grove Street, Henry Street (Main Ave to Myrtle Ave), Marcus Street (South Street to Monroe Street), Passaic Ave, Acre Ave, Pennington Ave, Hope Ave, Monroe Street, Burgess Place, Van Houten Ave, Harrison Ave, and Gregory Ave. • Additional traffic safety upgrades will include new ADA- compliant sidewalks, traffic signals, and pedestrian beacons at Passaic Ave & Acre Ave intersection, Passaic Ave & Prospect Street intersection, Hope Ave & Monroe Street intersection, and Main Ave sidewalk improvements. Traffic studies determined these areas for improvement. • The Memorial Day Parade and ceremony will be held on Monday, May 27th, beginning at Lexington Ave and concluding at Armory Park. The Avenue of Flags honoring fallen service members has been installed at Armory Park and Third Ward Memorial Park. • The grand opening of the new VFW building will take place this weekend. • On June 9th, the city will hold a tire recycling collection to combat illegal dumping, in partnership with Passaic County. Residents can drop off old tires at City Hall for proper disposal. • Passaic received $1.4 million through the NJDOT Local Aid and Safe Streets to Transit Program for traffic signal upgrades and pedestrian safety improvements at Acre Ave, Passaic Ave, Prospect Street, and Gregory Ave. Studies conducted with police and engineers helped determine the best locations for new traffic signals and pedestrian safety enhancements. • Ongoing infrastructure projects include storm and sanitary sewer improvements at Central Ave (Burgess Place to Harrison Ave), Columbia Ave, and Jefferson Page 2 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Street parking lot. PSE&G was instructed to restore sidewalks affected by utility pole installations and will provide a report at the next council meeting. The mayor concluded by emphasizing the city’s commitment to infrastructure improvements, public health, and fair economic opportunities while maintaining public safety and quality of life. HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Shantee Sapp • Expressed her frustration with how local officials handle community concerns and ethical conduct. She reference the historical significance of the Constitution's "We the People" and argued that the community's issues are being ignored or dismissed. She criticize the officials for not adhering to ethical standards and for mismanaging or criminalizing community concerns, especially regarding mental health and public spaces like Carnie Bragg Park.. The speaker feels that officials are not genuinely addressing community needs and are instead engaging in actions that harm rather than help the community. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Colon-Montanez the public portion of the meeting was adjourned. Page 3 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X ORDINANCE FOR 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. 2449-24 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 Colon- Montanez, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Colon-Montanez 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 Munk and adopted upon a call of the roll. ROLL CALL Munk Love Melo Schwartz Garcia Colon- CP Schaer Page 4 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Montanez X X X X X X X CITY OF PASSAIC ORDINANCE NO. 2450-24 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE CITY OF PASSAIC, APPROPRIATING $14,700,000 THEREFOR, INCLUDING A GRANT IN THE AGGREGATE AMOUNT OF $10,000,000 FROM THE STATE DEPARTMENT OF COMMUNITY AFFAIRS, $525,000 FROM THE CITY CAPITAL IMPROVEMENT FUND, AND $475,000 FROM THE CITY RESERVE FUND FOR PARKING IMPROVEMENTS, AND AUTHORIZING THE ISSUANCE OF $3,700,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF Council Member Schwartz 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 Colon-Montanez 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 Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Colon-Montanez and adopted upon a call of the roll. Page 5 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X COMMUNICATIONS AND PETITIONS: On a motion by Council Member Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted • Passaic Preparatory Academy, 252 Boulevard, submitting an application to hold an 8th-Grade end-of-year picnic, at Third Ward Park, on June 12, 2024, from 9:00 a.m. to 4:00 p.m. (Rain Date: June13, 2024) (Contingent upon Departmental Approvals) ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X X X ABSTAIN X On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Weatherly Frias, City Clerk, submitting requests for a cash bond refund for the following: • Rana Samaj in the amount of $2000.00 for their April 07, 2024 Holi Festival of Colors City of Passaic, Recreation Department, 330 Passaic Street, submitting an application to hold a Memorial Day Parade, on May 27, 2024, from 9:00a.m to 1:00 p.m. The procession will commence on the corner of Highland and Lexington travel Main Ave, to River Drive, ending at Armory Park (Contingent upon Departmental Approvals) Page 6 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC YBH of Passaic, 270 Passaic Ave , submitting an application to hold a Field Day, at Third Ward Park(Baseball Field) on June 06, 2024, from 10:00 a.m. to 1:00 p.m. (Contingent Upon Departmental Approvals) Bais Medrash L’Torah, 181 Lafayette Ave, submitting an application to hold a Bonfire at 181 Lafayette Ave (private parking lot) on May 26, 2024, from 8:00 p.m. to 11:00 p.m. (Contingent Upon Departmental Approvals) Nutley School of Music, 213 Darling Ave, Nutley NJ 07110, submitting an application to hold a Music Performance at Third Ward Park Stage area on June 01, 2024 from 12:00p.m to 1:30 p.m. (Contingent Upon Departmental Approvals) Our Lady of Fatima & Saint Nicholas R.C. Church, 153 Washington Place, submitting an application to hold a Picnic/Kermes at 153 Washington Place (Rectory Backyard) on June 09, 2024 from 7:00a.m. To 5:00p.m. (Contingent Upon Departmental Approvals) Church of the Holy Trinity, 226 Harrison St, submitting an application to hold a Procession on June 02, 2024, from 5:00p.m to 7:00 p.m. Procession will commence at Church of the Holy Trinity located at 209 Hope Ave, will travel to Harrison St, to Lexington Ave, to President St, to Hope Ave, Ending at Church of the Holy Trinity (Contingent Upon Departmental Approvals) Albert Lawson Memorial VFW Post, 135 Summer Street, submitting application for a new Entertainment License for the year 2024. Crystal Palace Hall LLC, 55 Central Ave, submitting application for a new Entertainment License for the year 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 7 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Mayor Hector C. Lora, submitting the following: • Designating April 25, 2024 Optimist Youth Appreciation Day Proclamation State of NJ Department of Environmental Protection, submitting the following: • Suspected Hazardous Substance Discharge Notification :NJDEP Case Number :24-04-30-1118-35 • Suspected Hazardous Substance Discharge Notification :NJDEP Case Number :24-04-30-1057-11 • Suspected Hazardous Substance Discharge Notification :NJDEP Case Number :24-05-01-1357-22 State of NJ Department of Transportation, submitting the following: • Notification: Application are being accepted for NJDOT Fiscal Year 2025 State Aid programs PSEG, submitting the following: • Notice of their May 30, 2024, public Hearing Re: In the Matter of the Petition of Public Service Electric and Gas Company for Approval of its Clean Energy Future – Energy Efficiency II (“CEF- EE II”) Program on a regulated basis Notice of Filing and Notice of Public Hearing Docket No.QO23120874 • Notice of their May 13, 2024, public Hearing Re: In the Matter of the Petition of Public Service Electric and Gas Company for Approval of increased in Electric and Gas Rates and for Changes in the Tariffs for Electric and Gas Services, B.P.U.N.J No. 17 Electric and B.P.U.N.J. No.17 Gas, and for Changes in Depreciation Rates, Pursuant to N.J.S.A. 48:2-18, N.J.S.A. 48:2- 21.1, and for Other appropriate relief Notice of Filing and Notice of Public Hearings BPU Docket Nos. ER23120924 & GR 23120925 OAL Docket No. PUC 00926-24 Passaic Valley Water Commission, submitting the following: • Minutes of their March 27, 2024 meeting Page 8 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City of Passaic, Zoning Board of Adjustments Agenda submitting the following: • Agenda of their May 07, 2024 meeting City of Passaic, Planning Board submitting the following: • Agenda of their May 15, 2024 meeting City of Passaic, Alcoholic Beverage Control Board, submitting the following: • Notice of their May 16, 2024 meeting Millennium Strategies submitting their monthly report as of May 01, 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 Melo and seconded by Council President Schaer the following communications and petitions were received placed on file and approval granted Passaic Board of Education submitting the following: • Notice of their May 06, 2024 Annual Organization meeting ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X X X ABSTAIN X Page 9 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON MAY 21, 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 Melo and seconded by Council President Schaer the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-05-120 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR HOPE AND MONROE STREET INTERSECTION PASSAIC, NEW JERSEY WHEREAS, on April 8, 2024, Public Works notified the City Engineer, Yasseen Saad that there was a sinkhole forming at the intersection of Hope and Monroe Street, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, that this sanitary sewer emergency posed a serious potential for a health and safety hazard; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the following contractors were contacted: John Garcia Construction Co Clifton, NJ $, 24,615.00 Delgado Brothers General Contractors, LLC Passaic, NJ $ 34,400.00 Montana Construction Lodi, NJ $ 41,000.00 Page 10 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, John Garcia Construction Co., Inc. was contracted to replace a 32 linear foot section of a stormwater pipe that had collapsed; and WHEREAS, the final cost of the repair was $23,115.00; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to John Garcia Construction, Clifton, NJ be made in the amount of $ 23,115.00. CERTIFICATION OF FUNDS Funds for the above are available in Capital Outlay Account – Sewers Account # 4-01-44-905-000-9RD. CITY OF PASSAIC RESOLUTION #_24-05-121 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT FOR 2022 NJDOT LOCAL AID ROAD IMPROVEMENTS WHEREAS, on March 22, 2022, the City Council of the City of Passaic adopted Resolution #22-03-085 (attached) approving a contract with French & Parrello Associates, of Wall NJ, for Design and Construction Management for 2022 NJDOT Local Aid Road Improvements; and WHEREAS, the initial contract for these services was $49,600.00; and WHEREAS, additional construction management and inspection services were needed in the amount of $ 1,972.50; and Page 11 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED that the contract with French & Parrello Associates, Wall NJ, shall be amended to increase the total contract amount to $ 51,572.50. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account # G-02-40- 021-DOT-020. CITY OF PASSAIC RESOLUTION #_24-05-122 RESOLUTION AWARDING CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT FOR 2024 LOCAL AID & URBAN AID ROAD IMPROVEMENTS WHEREAS, proposals were received by the Purchasing Director on Wednesday, May 8, 2024, for Design and Construction Management For 2024 Local Aid & Urban Aid Road Improvements; 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 list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, the Evaluation Committee reviewed the proposals received and recommends that the contract for Page 12 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Design and Construction Management For 2024 Local Aid & Urban Aid Road Improvements be awarded to French & Parrello Associates, Wall, NJ in an amount not to exceed $ 61,200.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Design and Construction Management For 2024 Local Aid & Urban Aid Road Improvements be awarded to French & Parrello Associates, Wall, NJ in an amount not to exceed $ 61,200.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in 2024 NJDOT Local Aid & Municipal Aid – Account # G-02-40-024-LAM-020 CITY OF PASSAIC RESOLUTION #24-05-123 RESOLUTION REJECTING PROPOSALS FOR DESIGN AND CONSTRUCTION MANAGEMENT 2023 NJDOT LOCAL TRANSPORTATION PROJECT FUND (LTPF) VARIOUS ROADWAY IMPROVEMENTS PROJECT WHEREAS, proposals were received by the Director of Purchasing on Wednesday, May 8th, 2024 for Design and Construction Management for 2023 NJDOT Local Transportation Project Fund (LTPF) Various Roadway Improvements Project; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20 et seq; and Page 13 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, it is the recommendation of Yasseen Saad, City Engineer that these proposals be rejected for the revision of the specifications and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposals received on Wednesday, May 8th, 2024, for Design and Construction Management for 2023 NJDOT Local Transportation Project Fund (LTPF) Various Roadway Improvements Project be rejected and re-advertised. CITY OF PASSAIC RESOLUTION NO. 24-05-124 RESOLUTION AWARDING CONTRACT FOR RECREATION SPORTS EQUIPMENT AND SUPPLIES YEAR 2024-2025 WHEREAS, bids were received by the Director of Purchasing on Tuesday, May 7th, 2024, for Recreation Sports Equipment and Supplies Year 2024-2025; and WHEREAS, a list of vendors that downloaded specifications from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, a bid was received as per the attached: WHEREAS, the items that the City did not receive prices on will be purchased as needed utilizing the Educational Services Commission of New Jersey (ESCNJ) Coop; and Page 14 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Cindy Gomez, Recreation Supervisor that the lowest responsible, responsive bidder, BSN Sports LLC of Dallas Texas be awarded the contract in the approximate amount of $40,253.86. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Recreation Sports Equipment and Supplies Year 2024-2025 be awarded to BSN Sports LLC of Dallas, Texas in the approximate amount of $40,253.86. BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total amount of this contract and will be ordered on an as-needed basis. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in 2023 CDBG Multi Sports Program Account #B-12-49-BG3-430-868 and Account #4-01-28-370-000-065 and CY 2025 Recreation which will be contingent upon governing body approval CITY OF PASSAIC RESOLUTION NO. 24-05-125 RESOLUTION AWARDING CONTRACT FOR RECREATION UNIFORMS YEAR 2024-2025 WHEREAS, bids were received by the Director of Purchasing on Tuesday, May 7th, 2024; and Page 15 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a bid was received from BSN Sports, LLC of Dallas, TX, and was deemed non-responsive as per NJ State Statute 40A:11-23.2 required mandatory Items; and WHEREAS, a list of vendors that downloaded specifications from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, a bid was received as per the attached; and WHEREAS, the items that the City did not receive prices on will be re-bid; and WHEREAS, it is the recommendation of Cindy Gomez, Recreation Supervisor that the lowest responsible, responsive bidder, DOT Designing of Monroe Twp., NJ be awarded the contract in the approximate amount of $ 19, 113.40. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the contract for Recreation Uniforms – 2024-2025 be awarded to DOT Designing of Monroe Twp., NJ in the approximate amount of $ 19,113.40 BE IT FURTHER RESOLVED that the City of Passaic has made no commitment to purchase the total amount of this contract and will be ordered on an as-needed basis. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute contracts for the above, on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in 2023 CDBG Multi Sports Program Account #B-12-49-BG3-430-868 – Multi-Sport and Account #4-01-28-370-000-032 and CY 2025 Recreation which will be contingent upon governing body approval Page 16 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._24-05-126 RESOLUTION AUTHORIZING THE ACCEPTANCE OF BEQUEST FROM THE ESTATE OF ROBERTA ANNE CANTALUPO WHEREAS, the City of Passaic has received notice from the law firm of Kaye Cooper Kay & Rosenberg, LLP, that the City of Passaic Animal Shelter has been named as a beneficiary in the Last Will and Testament of Roberta Anne Cantalupo; and WHEREAS, the Estate of Roberta Anne Cantalupo has bequeathed $1,231.67 to the City of Passaic Animal Shelter, representing 2.5% of the date of death balance of the decedent's bank account identified in the annexed Refunding Bond and Release (the “Refunding Bond and Release”); and WHEREAS, the Executor of the Estate, Patty Briand, through her attorney David L. Kay, has requested that the City of Passaic execute the Refunding Bond and Release as a condition of receiving the bequest; and WHEREAS, N.J.S.A. § 40A:5-29 authorizes local units to accept bequests, legacies, and gifts, and to utilize such bequests, legacies, and gifts in the manner set forth in the conditions of the bequest, legacy, or gift, provided that such use is not inconsistent with the laws of the State of New Jersey and the United States; and WHEREAS, the City Council of the City of Passaic finds it in the best interest of the City to accept this bequest for the benefit of the City of Passaic Animal Shelter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, County of Passaic, State of New Jersey, as follows: Page 17 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 1. The City of Passaic hereby accepts the bequest of $1,231.67 from the Estate of Roberta Anne Cantalupo for the benefit of the City of Passaic Animal Shelter. 2. The Mayor, City Clerk, and other appropriate City officials are hereby authorized to execute the Refunding Bond and Release and any other necessary documents to effectuate the receipt of this bequest, subject to review and approval by the City Attorney. 3. The funds received from this bequest shall be deposited into the appropriate City account for the benefit of the City of Passaic Animal Shelter and shall be utilized in accordance with the conditions of the bequest and all applicable laws and regulations. 4. This Resolution shall take effect immediately upon adoption. CITY OF PASSAIC RESOLUTION NO. 24-05-127 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY STATE DIVISION OF HIGHWAY TRAFFIC AND SAFETY FOR THE FY24 CLICK IT OR TICKET GRANT PROGRAM WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Division of Highway Traffic and Safety for the FY24 Click It or Ticket Grant Program. WHEREAS, such grant is in the amount of $10,500.00 and covers the period of May 20th, 2024 through June 2nd, 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the New Jersey Division Page 18 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC of Highway Traffic and Safety for the FY24 Click It or Ticket Grant Program in the amount of $10,500; 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. 24-05-128 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO APPLY AND ACCEPT AN AWARD FROM THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL OFFICE, FOR THE SAFE AND SECURE COMMUNITIES GRANT PROGRAM FY2024 WHEREAS, the City of Passaic Police Department wishes to submit and subsequently accept an application to the State of New Jersey, Department of Law and Public Safety, in the amount of $67,725.00 under the Safe and Secure Communities Grant Program, Grant No. 24-100-066-1020-232, with match-fringe benefits for a total project cost of $423,183.94 and; WHEREAS, through the Program, the New Jersey Department of Law and Public Safety supports municipal police departments in their efforts to add law enforcement personnel based on the needs of the community; and WHEREAS, in order to maintain eligible status, the City of Passaic must pay all fringe benefit costs associated with personnel hired, as well as costs in excess of the grant application, and agree that it will not reduce its baseline regular complement of police offices and other law enforcement personnel (as of December 31, 1993, or as reported in the 1993 UCR); and Page 19 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the allocation of funding is formular based for the Subaward Period of January 22, 2024 to January 21, 2025; and WHEREAS, the City of Passaic Police Department wishes to apply for and accept the maximum grant award being allotted through this Program. NOW THEREFORE BE IT RESOLVED, by the City Council for the City of Passaic that the City of Passaic Police Department is hereby authorized to submit a grant application #24-1607 to the New Jersey Department of Law and Public Safety, Safe and Secure Communities Grant Program subject to the terms and conditions set forth in the grant guidance attached hereto and thereafter accept all awarded funds; and BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Police Department are hereby authorized and directed to execute any and all documents and/or undertake any and all such actions necessary to effectuate the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 24-05-129 RESOLUTION REJECTING PROPOSALS FOR CONSULTING SERVICES CITY OF PASSAIC POLICE DEPARTMENT ACCREDITATION BY NJ STATE OF CHIEFS OF POLICE WHEREAS, a proposal was received by the Director of Purchasing on Thursday, April 25, 2024, for Consulting Services City of Passaic Police Department Accreditation by NJ State of Chiefs of Police; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20 et seq; and Page 20 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a proposal was received from Lexipol, Frisco, TX; and WHEREAS, in addition to the above, a complete list of vendors that downloaded from the City of Passaic’s website, are available in the Purchasing Department. WHEREAS, the proposal received from Lexipol was deemed non-responsive as their pricing did not reflect the scope of work in its entirety; and WHEREAS, it is the recommendation of Police Chief Louis Guzman, that this proposal be rejected and re- advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the proposal received on Thursday, April 25, 2024, Consulting Services City of Passaic Police Department Accreditation by NJ State of Chiefs of Police be rejected and re-advertised. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Consulting Services City of Passaic Police Department Accreditation by NJ State of Chiefs of Police be rejected and the City of Passaic re-advertise. CITY OF PASSAIC RESOLUTION NO. 24-05-130 RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY OF PASSAIC AND THE CITY OF PASSAIC PARKING AUTHORITY FOR THE OPERATION AND MAINTENANCE OF A NEW PARKING GARAGE FACILITY WHEREAS, the City desires to lease the Property and Project to the City of Passaic Parking Authority (the Page 21 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC "Authority") for the exclusive right to operate, manage, and maintain the Project in exchange for an annual rent payment of $250,000 over a term of 20 years; and WHEREAS, the City and Authority have negotiated a Lease Agreement (the "Agreement") setting forth the terms and conditions of the lease, including provisions related to the issuance of municipal bonds to finance the Project, indemnification, insurance requirements, and other standard contractual terms; and WHEREAS, the City Council has reviewed the Agreement and believes it to be in the best interests of the City to enter into the Agreement with the Authority; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, New Jersey, as follows: 1. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Lease Agreement between the City and the City of Passaic Parking Authority, substantially in the form attached hereto, subject to such minor modifications as deemed necessary and appropriate by the City Attorney to effectuate the purposes of this Resolution. 2. The Mayor, CFO, Business Administrator, City Attorney, and other appropriate City officials are hereby authorized and directed to take any and all actions necessary to effectuate the purposes of this Resolution and the Lease Agreement. 3. This Resolution shall take effect immediately upon adoption. Page 22 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-05-131 RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PASSAIC AND NEW JERSEY TRANSIT CORPORATION FOR THE PASSAIC TRAIN STATION PROPERTY WHEREAS, the City of Passaic (the "City") and New Jersey Transit Corporation ("NJ Transit") have negotiated the terms of a Lease Agreement (the "Lease") concerning the Passaic Train Station property located at Block 286A, Lot 1 on the official Tax Map of the City (the "Demised Premises"); and WHEREAS, the Lease sets forth the rights and obligations of the City, as Lessee, and NJ Transit, as Lessor, with respect to the use, occupancy, maintenance and repair of the Demised Premises; and WHEREAS, the term of the Lease shall be for a period of nine years, commencing on May 1, 2024 and expiring on April 30, 2033, with an option to automatically renew on a month-to-month basis; and WHEREAS, under the Lease, the City shall be responsible for routine maintenance, repairs and upkeep of the Demised Premises, while NJ Transit shall be responsible for major structural repairs and replacements; and WHEREAS, the Lease provides for the sharing of profits derived from any subleases or parking fees between the City and NJ Transit; and WHEREAS, the City Council has determined that entering into the Lease is in the best interests of the City and its residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, in the County of Passaic, State of New Jersey, as follows: Page 23 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 1. The Mayor and City Clerk are hereby authorized to execute the Lease Agreement between the City of Passaic and New Jersey Transit Corporation, in substantially the form attached hereto, subject to minor revisions acceptable to the City Administrator and City Attorney. 2. This Resolution shall take effect immediately upon adoption. CITY OF PASSAIC RESOLUTION NO. 24-05-132 RESOLUTION AUTHORIZING THE ISSUANCE OF ESTIMATED TAX BILLS WHEREAS, the City of Passaic has determined that the Municipal Tax Collector will be unable to complete the mailing and/or delivery of the 2024 tax bills by June 15, 2024 as required by law, since the City’s tax rate has not yet been certified by the County; and WHEREAS, N.J.S.A. 54:4-66.2 provides that in the above circumstance the governing body may authorize and direct the Tax Collector to prepare and issue estimated tax bills for the third quarter of 2024, as provided by statute, and such bills must be mailed to tax payers by June 30, 2024; and WHEREAS, N.J.S.A. 54:4-66.2 also provides that in the event that Estimated Tax Bills are issued, that Reconciled Tax Bills must also be issued for the same tax year by September 30, 2024; WHEREAS, it is in the best interests of the City of Passaic that said authorization be granted; Page 24 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Chief Financial Officer and the Tax Collector have computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3 and has attached a certification showing the tax levies for the previous year, the tax rates, and the range of permitted estimated tax levies. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic as follows: 1. The Tax Collector be and hereby is authorized and directed to prepare and issue estimated tax bills for the City of Passaic for the third installment of 2024 taxes, and shall proceed and take such actions as are permitted an required by New Jersey Statutes, specifically N.J.S.A. 54:4-66.2 and 54:4-66.3. 2. The entire estimated tax levy for 2024 is hereby set at $122,305,742.20 and the tax rate is set at $4.142 per $100 of assessed valuation. 3. In accordance with the law, the third installment of 2024 taxes shall not be subject to interest until the later of August 10th, or the twenty-fifth calendar day after the date the estimated tax bills are mailed. CITY OF PASSAIC RESOLUTION # 24-05-133 RESOLUTION RE-APPOINTING JEREMIAS E. BATISTA AS JUDGE OF THE MUNICIPAL COURT OF THE CITY OF PASSAIC WHEREAS, Mayor Hector C. Lora seeks to re-appoint a Judge in the Municipal Court; and WHEREAS, the City desires to confirm the re- appointment made by the Mayor of Jeremias E. Batista, Esq. as Judge of the Municipal Court of the City of Passaic; and Page 25 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, Jeremias E. Batista, Esq. is qualified in all respects to hold the position of Judge of the Municipal Court of the City of Passaic. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that Jeremias E. Batista, Esq. shall be re-appointed to the position of Presiding Judge of the Municipal Court of the City of Passaic for a term of three (3) years to expire on February 8, 2027; and BE IT FURTHER RESOLVED that Jeremias E. Batista, Esq. shall be paid the sum of $74,892.00 per year as compensation in his role as Presiding Judge of the Municipal Court of the City of Passaic. CITY OF PASSAIC RESOLUTION # 24-05-134 RESOLUTION APPOINTING KECIA CLARKE MICHEL AS JUDGE OF THE MUNICIPAL COURT OF THE CITY OF PASSAIC WHEREAS, Mayor Hector C. Lora seeks to appoint a Judge in the Municipal Court; and WHEREAS, the City desires to confirm the appointment made by the Mayor of Kecia Clarke Michel as Judge of the Municipal Court of the City of Passaic; and WHEREAS, Kecia Clarke Michel is qualified in all respects to hold the position of Judge of the Municipal Court of the City of Passaic. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that Kecia Clarke Michel shall be appointed to the position of Judge of the Municipal Court of the City of Passaic for a term of three (3) years to expire on February 8, 2027; and Page 26 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that Kecia Clarke Michel shall be paid the sum of $70,531.00 per year as compensation in her role as Judge of the Municipal Court of the City of Passaic. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2451-24 ORDINANCE AMENDING CHAPTER 258 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “STORM SEWER” WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires municipalities to adopt NJDEP mandated regulations for privately owned salt storage; and 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 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 WHEREAS, Chapter 258 of the Code of the City of Passaic, "Storm Sewer," sets forth regulations regarding storm sewers, storm water runoff, and water quality protection within the City of Passaic; and Page 27 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, that Chapter 258 of the Code of the City of Passaic, "Storm Sewers,” is hereby amended to add “Article IV: Privately-Owned Salt Storage” as follows: SECTION I Chapter 258: Storm Sewers Article IV: Privately Owned Salt Storage Section 258-17. Purpose The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately- owned), including residences, in the City of Passaic to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. Section 258-18. Definitions For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A. De-icing Materials Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. B. Impervious Surface A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. C. Storm Drain Inlet Page 28 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC The point of entry into the storm sewer system. D. Permanent Structure A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications: (1) Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials; (2) The design shall prevent stormwater run-on and run through, and the fabric cannot leak; (3) The structure shall be erected on an impermeable slab; (4) The structure cannot be open sided; and (5) The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall. E. Person Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. F. Resident A person who resides on a residential property where de-icing material is stored. Section 258-19. Deicing Material Storage Requirements A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th: (1) Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through; (2) Loose materials shall be placed at least 50 feet from surface water bodies, storm drain Page 29 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC inlets, ditches and/or other stormwater conveyance channels; (3) Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use; (4) Loose materials shall be covered as follows: (a) The cover shall be waterproof, impermeable, and flexible; (b) The cover shall extend to the base of the pile(s); (c) The cover shall be free from holes or tears; (d) The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and (e) Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. [1] Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used; (5) Containers must be sealed when not in use; and (6) The site shall be free of all de-icing materials between April 16th and October 14th. B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 - April 15. Page 30 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC C. The City of Passaic requires that all such temporary and/or permanent structures must also comply with all other local ordinances, including building and zoning regulations. D. The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request. (1) Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections. Section 258-20. Exemptions Residents may store de-icing materials outside in a solid- walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within 2 weeks. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Section III above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. This ordinance does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit. Section 258-21. Enforcement & Penalties A. This article shall be enforced by the Department of Public Works, Police Department and Code Enforcement of the City of Passaic. B. Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall be subject to the penalties set forth in the general Page 31 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC penalty provisions, Ch. 1, Article II, § 1-3 of the Code of the City of Passaic. SECTION II Each section, subsection, sentence, clause, and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Ordinance. 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 Love the public hearing be held on June 6, 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. Page 32 of 33 Passaic City Council Minutes: May 21, 2024 Approved: September 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X MAYOR’S REPORT Passaic held a second passport clinic, and he thanked the City Clerk and staff for their work. He also thanked the police department for their help with family bike ride event at Third Ward Memorial Park. 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 8:27 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 33 of 33