City Council

City of Passaic New Jersey Passaic City Council October 1, 2024 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, OCTOBER 1, 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 OCTOBER 1, 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 18, 2024, SETTING FORTH THE SCHEDULE OF MEETINGS FOR THE YEAR 2024-2025; 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 SEPTEMBER 18, 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. The administration requested an addendum to the agenda, listed as Item 30A, titled An Ordinance Amending Chapter 243 of the Code of the City of Passaic, regarding shopping carts. Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC The council asked if there were any objections to including this item on the agenda. Seeing no objections, the item was added to the agenda for the meeting. MINUTES Council Meeting Minutes for June 18, 2024 were submitted for approval. Upon motion made by Council Member Colon-Montanez and seconded by Council Member Melo aforementioned meeting minutes were approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Council Member Love joined at 7:06 p.m. MAYOR’S UPDATE The mayor provided updates during the city council meeting, recognizing Captain Gary Cruz’s promotion and acknowledging community leaders for their contributions. The Mexican Festival drew a record 15,000 attendees, with city departments ensuring safety and cleanliness. Infrastructure updates included parking striping on Howe and Myrtle Avenues, plans for bike lanes, crosswalk improvements, and a new traffic light at Pennington and Aycrigg. The city secured $300,000 in violence reduction grants and DOT funding for infrastructure. A 100% affordable housing project at 199 Lexington Avenue was highlighted. The mayor addressed EV charger fire hazards, proposing public education ordinances with workshops planned for October. Upcoming events include a Mental Health Awareness Walk and Passaic River cleanup. Flu vaccine clinics and mail-in voting dates were announced. The city expanded EV charging stations and received sustainability recognition. Congressman Bill Pascrell was thanked for securing grants, and PSC&G will coordinate electrical work to reduce community disruptions. The mayor Page 2 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC closed by thanking the council and community, emphasizing ethical governance and public service. HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Joe Conoscienti Construction Safety: Raised concerns about the lack of fencing and safety precautions at 208 Passaic Avenue and Akron Avenue construction sites. Bus Stop Relocation: Requested clarification on which bus stop on Broadway is being relocated under agenda item 30. Illegal Parking Enforcement: Questioned why illegal parking on Broadway, especially near corners, bus stops, and fire hydrants, is not being addressed by traffic or parking enforcement officers. Parking Time Limits: Asked why two-hour parking regulations under Chapter 295-7 are not being enforced, with some vehicles parking for 24 hours. Driveway Parking Ordinance: Inquired about enforcement of Chapter 295-76, requiring permits and signage for parking in front of driveways. Raised concerns about public awareness and whether officers will issue tickets or inform residents of the new regulations. After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Page 3 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Member Garcia the public portion of the meeting was adjourned. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X 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. 2462-24 ORDINANCE AUTHORIZING THE PRIVATE SALE OF PROPERTY AT 24 BROADWAY, CITY OF PASSAIC, NEW JERSEY, TO DESIGNATED REDEVELOPER NEW HORIZON COMMUNITY ACTION CORPORATION PURSUANT TO N.J.S.A. 40A:12-13(C) AND N.J.S.A. 40A:12A-8(G) Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 4 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X COMMUNICATIONS AND PETITIONS: On a motion by Council Member Love and seconded by Council Member Melo following communications and petitions were received placed on file and approval granted Weatherly Frias, City Clerk, submitting the following: • Request for a cash bond refund in the amount of $2000.00 to Carnaval Tlazcala (Event: August 04, 2024 and August 11, 2024) Mayor’s Hector Lora Youth Council, 330 Passaic Street, submitting an application to hold a Mental Health Awareness Walk on October 05, 2024, from 1:00 p.m. to 4:00 p.m. The walk will commence at 330 Passaic Street travel to Market Street to Mercer Street/Jefferson Street to Main Street to Passaic Street ending at 330 Passaic Street. (Contingent Upon Departmental Approvals) City of Passaic Department of Recreation -330 Passaic Street, submitting • Free Fishing Day: First Responders on October 19, 2024 from 9:00a.m. to 12:00p.m., from 9:00a.m. to 12:00 p.m. at Third Ward Memorial Park (Contingent Upon Departmental Approvals) • Canoemobile/Native American Festival on October 05, 2024, and October 06, 2024, from 8:00 a.m. to 3:00 p.m. at Dudee Island Park Super Fresh -161 Jefferson Street, submitting an application to hold an Anniversary Party Festival on October 19, 2024, from 10:00 a.m. to 4:00 p.m. at Super Fresh Parking Lot (Contingent Upon Departmental Approvals) Page 5 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Chateau Fiesta LLC, 600 Main 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 ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Love and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Mayor Hector C. Lora, submitting the following: • Memorandum re: Police Special Law Enforcement Officer III Swearing-in City State of New Jersey Department of Environmental Protection submitting the following: • Area of Concern: One 1,000-gallon #2 Heating Oil Underground Storage Tank System Unrestricted Use- No Further Action Letter and Covenant Not to Sue :Block 2147, Lot 23 – 72-74 Park Pl; Passaic City, Passaic County; Program Interest #: 1072802, Activity Number: CSP240001: Communication Center Number: 24-08-20-1619- 18 Passaic Valley Water Commission, submitting the following: • Notice of their September 25, 2024 meeting ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 6 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 Melo the following communications and petitions were received placed on file and approval granted Passaic Board of Education submitting the following: • Notice of their September 30, 2024 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 OCTOBER 1, 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 Colon-Montanez and seconded by Council Member Love the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-09-247 RESOLUTION -NOTICE OF INTENT TO AWARD CONTRACT UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT FOR FURNISHING & INSTALLATION OF THREE (3) LED MESSAGE BOARDS (DAKTRONICS) Page 7 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City of Passaic is permitted to join National Cooperative Purchasing agreements under the authority of N.J.S.A. 52:34-6.2(b)(3); and WHEREAS, the City of Passaic is a member of Sourcewell Cooperative Solutions; and WHEREAS, the City of Passaic wishes to enter into an agreement with Daktronics, of Brookings, South Dakota for the Furnishing and Installation of Three (3) Message Boards at the following locations: One (1) 69 Jefferson Street Two (2) Parking Deck (Corner of State & Passaic Street) WHEREAS, the contract is for an amount not to exceed $136, 319.00 WHEREAS, the Sourcewell Cooperative Solutions Agreement Contract Term is from June 19, 2023, through May 25, 2027. WHEREAS, Daktronics was awarded a contract under Sourcewell Cooperative Solutions Contract #030223-DAK. WHEREAS, information regarding this contract may be found on the website www.sourcewell-mn.gov/cooperative- purchasing/030223-DAK; and WHEREAS, it is the intent to recommend to the Passaic City Council to authorize a contract award to Daktronics, Brookings, South Dakota pursuant to the Sourcewell Cooperative Solutions Contract #030223-DAK. NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Passaic authorize the Director of Purchasing to advertise the Notice of Intent to Award Contract under a National Cooperative Purchasing Agreement herein referred to as Sourcewell Cooperative Solutions; and Page 8 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the Comment period ends Tuesday, October 22, 2024. CITY OF PASSAIC RESOLUTION NO. 24-10-248 RESOLUTION AWARDING CONTRACT FOR AUDITING SERVICES CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on September 10, 2024, for Auditing Services, City of Passaic; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, a proposal was received as per the attached; and WHEREAS, 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 the Evaluation Committee, that the contract for Auditing Services, City of Passaic be awarded to Lerch Vinci & Bliss of Fairlawn, NJ in the amount of $78,000.00 for Statutory Annual Audit of the City’s Financial Statements and $12,200.00 for Audit of the Financial Statements of the Sewer Utility for the period January 1, 2025, through December 31, 2025. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Auditing Services, City of Passaic be awarded to Lerch, Vinci & Bliss of Fairlawn, NJ in the amount of $78,000.00 for Statutory Annual Audit of the City’s Financial Statements and $12,200.00 for Audit of the Financial Statements of Page 9 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC the Sewer Utility for the period January 1, 2025, through December 31, 2025. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form prepared by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon the Governing Body approving CY2025 Budget Audit Professional, Consultant, Special Services, Acct. #5-01-20-135-000-028 and Sewer Utility, Acct. #5-07-55-502-000-021. CITY OF PASSAIC RESOLUTION NO. 24-10-249 RESOLUTION AWARDING CONTRACT FOR ALCOHOL BEVERAGE CONTROL (ABC) PROSECUTOR WHEREAS, proposals were received by the Director of Purchasing on September 17, 2024, for Alcohol Beverage Control (ABC) Prosecutor; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et.seq; and WHEREAS, a proposal was received as per the attached: 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 the Evaluation Committee that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to The Law Office of Rajeh A. Saadeh, LLC, of Bridgewater, NJ in the amount of Page 10 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC $125.00/hour with a total contract amount not to exceed $30,000.00 for the period January 1, 2025 through December 31, 2025. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Alcohol Beverage Control (ABC) Prosecutor be awarded to The Law Office of Rajeh A. Saadeh, LLC, of Bridgewater, NJ in the amount of $125.00/hour with a total contract amount not to exceed $30,000.00 for the period January 1, 2025 through December 31, 2025. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Contingent upon funds being approved by the governing body funds for the above will be available in Prosecutor O.E. Acct. #5-01-25-275-000-029. CITY OF PASSAIC RESOLUTION NO. 24-10-250 RESOLUTION AWARDING CONTRACT FOR MUNICIPAL COURT PUBLIC DEFENDERS WHEREAS, proposals were received by the Director of Purchasing on Tuesday, September 17, 2024, for Municipal Court Public Defenders; 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: Page 11 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 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; and WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Municipal Court Public Defenders, be awarded to Salvatore Bellomo of Totowa, NJ, Michael Maher of Hackensack, NJ, Curt J. Geisler, LLC, of Garfield, NJ in the amount of $150.00/session with a total amount not to exceed $105,000.00 inclusive of all two (3) public defenders for the period January 1, 2025 through December 31, 2025; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Public Defenders be awarded to be awarded to Salvatore Bellomo of Totowa, NJ, Michael Maher of Hackensack, NJ, Curt J. Geisler, LLC, of Garfield, NJ in the amount of $150.00/session with a total amount not to exceed $105,000.00 inclusive of all two (3) public defenders for the period January 1, 2025 through December 31, 2025; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon CY 2025 Budget being approved by the Governing Body, Acct. #5-01- 43-495-000-028. CITY OF PASSAIC RESOLUTION NO. 24-10-251 RESOLUTION AWARDING CONTRACT FOR TWO (2) MUNICIPAL COURT PROSECUTORS Page 12 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Tuesday, September 17, 2024, for two (2) Municipal Court Prosecutors; 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: 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 the Evaluation Committee that the contract for Municipal Court Prosecutors be awarded to Rajeeh A. Saadeh, LLC of Bridgewater, NJ; and James V. Pomaco of Nutley, NJ in the amount of $200.00/session and $225.00/DWI session with a total contract amount for both (2) prosecutors not to exceed $90,000.00 for the period January 1, 2025, through December 31, 2025. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Prosecutors be awarded to Rajeeh A. Saadeh, LLC of Sommerville, NJ; and James V. Pomaco of Nutley, NJ in the amount of $200.00/session and $225.00/DWI session with a total contract amount for both (2) prosecutors not to exceed $90,000.00 for the period January 1, 2025 through December 31, 2025. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon Governing Body approval CY 2025 – Budget, Acct. 5-01-25- 275-000-029. Page 13 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-10-252 RESOLUTION AUTHORIZING A CHANGE ORDER TO DECREASE A CONTRACT WITH LEXIPOL OF FRISCO, TEXAS FOR THE POLICE DEPARTMENT ACCREDITATION BY NJ STATE ASSOCIATION OF CHIEFS OF POLICE WHEREAS, on July 16, 2024, the City Council of the City of Passaic adopted Resolution 24-07-175 (attached) approving a contract with Lexipol of Frisco, Texas in the amount of $84,571.88 for the Police Department Accreditation by NJ State Association of Chiefs of Police; and WHEREAS, a change order is necessary to decrease the contract as follows: Original Contract $84,571.88 Less Reductions -$ 4,771.88 Final Contract Price $79,800.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the change order to the contract between the City of Passaic and Lexipol of Frisco, TX is ratified and accepted, adjusting the contract to the revised total amount of $79,800.00. BE IT FURTHER RESOLVED that the City is hereby authorized to execute this Change order in a form approved by the City Attorney and that the Change Order be filed in the City Clerk’s Office. Page 14 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-10-253 RESOLUTION AWARDING CONTRACT FOR 2023 NJDOT MUNICIPAL AID PROGRAM WHEREAS, bids were received by the Purchasing Department on Friday, September 13, 2024, for 2023 NJDOT Municipal Aid Program; and WHEREAS, bids were received as per the attached; and WHEREAS, the lowest responsible, responsive bid was received from Smith-Sondy Asphalt Construction Co., Wallington, NJ as per the following: BASE BID $913,636.30 ALTERNATE A $ 48,674.50 ALTERNATE B $ 16,452.05 TOTAL: $978,762.85 WHEREAS, it is the recommendation of Yasseen Saad City Engineer that the contract be awarded to Smith-Sondy Asphalt Construction Co., Wallington, NJ for the 2023 NJDOT Municipal Aid Program for the total amount of $978,762.85 inclusive of Alternate A and B. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for the 2023 NJDOT Municipal Aid Program be awarded to Smith-Sondy Asphalt Construction Co., Wallington, NJ for the total amount of $978,762.85 inclusive of Alternate A and B. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Page 15 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available in Account # G-02-40- 023-LAM--020 NJDOT FY 2023 Local Municipal Aid ($875,383.00) and Account #G-02-40-021-DOT-020 NJDOT FY2022 Local Urban Aid ($103,379.85) CITY OF PASSAIC RESOLUTION NO. 24-10-254 RESOLUTION AWARDING SHUTTLE AND BIKE SHARE SERVICE MANAGEMENT PASSAIC URBAN ENTERPRISE ZONE (UEZ) BUSINESS AREA TRANSPORTATION PROJECT WHEREAS, proposals were received by the Director of Purchasing on Friday, September 20, 2024, for the Shuttle and Bike Share Service Management for the Urban Enterprise Zone (UEZ), Business Area Transportation Project; 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 list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department; and WHEREAS, the following proposal was received; and WHEREAS, the Evaluation Committee recommends that the contract for the Shuttle and Bike Share Service Management for the Urban Enterprise Zone (UEZ), Business Area Transportation Project be awarded to Downtown Merchant Corporation, Passaic, NJ in the amount of $50,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for the Shuttle and Bike Share Service Management for the Urban Enterprise Zone (UEZ), Business Area Transportation Project be awarded to Downtown Merchant Corporation, Passaic, NJ in the amount of $50,000.00. Page 16 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 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 the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in UEZ Business Area Transportation Project – Account #G-02-40-024-UBT-020 CITY OF PASSAIC RESOLUTION NO. 24-10-255 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS WHEREAS, the tax office received a duplicate tax payment from Zulfiqar & Tahseen Ahmed for property known as Block 1263.011 Lot 5, also known as 244 Main Avenue, owner: Zulfiqar & Tahseen Ahmed; WHEREAS, Zulfiqar & Tahseen Ahmed, the property owners requested a refund of the amount paid in duplicate. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer is hereby authorized to make the following refund(s) and for the Tax Collector to adjust his records accordingly. BLOCK/LOT PROPERTY Name & Address YEAR AMOUNT 1263.01/5 244 Main Ave Zulfiqar & Tahseen Ahmed 2024 $1,942.24 CITY OF PASSAIC RESOLUTION NO. 24-10-256 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT Page 17 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Tax Court of New Jersey based on a settlement judgment entered on 7/25/2024 for Block: 3248 Lot: 13, also known as 343 Aycrigg Avenue, Passaic, NJ, property owners: 347 Aycrigg LLC. The judgments entered for to tax years 2022, 2023, and 2024 reduced the assessments on the properties for all tax years; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, the credits resulting from the 2022 and 2023 judgments will be refunded and the credits resulting from 2024 judgment will be applied to the 4th quarter 2024 for the following amounts; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, that the Chief Financial Officer, be and is hereby authorized to make the following refund(s) as provided by the judgment attached hereto and for the Tax Collector to adjust her records accordingly; BLOCK/LOT PROPERTY OWNER TAX REFUNDS CREDITS YEAR 3248/13 343 Aycrigg Ave 347 Aycrigg LLC 2022 $12,288.98 $0.00 3248/13 343 Aycrigg Ave 347 Aycrigg LLC 2023 $22,678.66 $0.00 3248/13 343 Aycrigg Ave 347 Aycrigg LLC 2024 $0.00 $33,660.17 Applied to 4 QTR 2024 $33,660.17 Total Refund $34,967.64 CITY OF PASSAIC RESOLUTION NO. 24-10-257 RESOLUTION AUTHORIZING AGREEMENT WITH NV5 FOR PRELIMINARY ENGINEERING DESIGN SERVICES FOR STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION’S 2022 SAFE ROUTES TO SCHOOL PROJECT WHEREAS, on September 5, 2023, NV5, an engineering and design consultant pre-qualified by the New Jersey Page 18 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Department of Transportation (NJDOT) Transportation Enhancements/Transportation Design Assistance Program (TAP), submitted a proposal to NJDOT for professional services for a proposed project identified as the 2022 Safe Routes to School – City of Passaic Multi- Intersections Project (Project); and WHEREAS, the proposed Project is anticipated to include intersection safety improvements throughout the City such as pedestrian ADA ramps, rapid rectangular flashing beacons (RRFBs), pedestrian signals and recommendations for additional pedestrian safety elements; and WHEREAS, NJDOT awarded funding for the preliminary engineering design phase of the Project on May 21, 2024 in the amount of $98,844.72, which was accepted by the City of Passaic on July 16, 2024; and WHEREAS, pursuant to the requirements of NJDOT’s TAP Program, the City of Passaic seeks to enter into an agreement with NV5 for preliminary engineering design services for the proposed Project; and WHEREAS, payment for said preliminary engineering design services for the proposed Project shall be administered by the NJDOT’s TAP program. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Passaic does hereby authorize the City of Passaic to enter into an agreement with NV5 for preliminary engineering design services related to the 2022 Safe Routes to School – City of Passaic Multi-Intersections Project; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the Agreement on behalf of the City and to sign any other documents necessary in connection therewith. Page 19 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-10-258 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO APPLY FOR THE ACCELERATING URBAN FORESTRY GRANT PROGRAM FROM THE CENTER FOR REGENERATIVE SOLUTIONS WHEREAS, the City of Passaic seeks to apply for and secure a grant from the Center for Regenerative Solutions through the Urban Forestry Grant Program, aimed at supporting local governments and community organizations in expanding urban forestry initiatives and developing youth workforce programs, with a funding opportunity of up to $379,368.66; and WHEREAS, the proposed initiative will support environmental sustainability, improve community resilience, and involve youth in the planting of trees throughout the city; and WHEREAS, the program will foster civic engagement, environmental stewardship, and a commitment to climate action by educating and empowering young people to take active roles in enhancing the City’s green infrastructure; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Passaic that the City of Passaic is hereby authorized to submit a grant application to the Center for Regenerative Solutions, Urban Forestry Grant Program. BE IT FURTHER RESOLVED that the City of Passaic, Mayor, and City Clerk are hereby authorized to take all necessary actions to file this application and to accept grant funds from the Center for Regenerative Solutions, Urban Forestry Grant Program. Page 20 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 24-10-259 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FY2024 SAFE ROUTES TO SCHOOL PROGRAM FOR THE PARKER AVENUE AND VAN BUREN STREET IMPROVEMENT PROJECT WHEREAS, the City of Passaic desires to accept a grant from the New Jersey Department of Transportation for the FY2024 Safe Routes to School Program. WHEREAS, such grant is in the amount of $1,089,000.00 and no matching funds required; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept a grant from the New Jersey Department of Transportation for the FY2024 Safe Routes to School Program in the amount of $1,089,000.00; 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. 24-10-260 RESOLUTION AUTHORIZING THE CITY OF PASSAIC DIVISION OF HEALTH TO RENEW USDA GRANT FOR THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) FOR FFY 2025 WHEREAS, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Program’s mission is to safeguard the health of low-income women, infants and children who are at nutritional risk by providing vouchers for nutritious foods, nutrition education, Page 21 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC breastfeeding education and support and community referrals; WHEREAS, the City of Passaic Division of Health has been the recipient of USDA funding through the NJ Department of Health for the Passaic WIC Program for over 40 years; WHEREAS, the grant provides necessary funding to provide WIC services for eligible clients residing in the City of Passaic and the surrounding communities; WHEREAS, the NJ Department of Health has offered to renew the City of Passaic Division of Health’s WIC grant for FFY 2025; WHEREAS, a total of $1,281,524 in grant funding is being offered by the NJ Department of Health to the City of Passaic Division of Health for FFY 2025; WHEREAS, the funding will permit full support of salaries and fringe benefits for fourteen full-time employees and; WHEREAS, the funding will also support the Breastfeeding Peer Counselor Program, evening clinic hours for working parents and pre-school age children, maintenance costs for the building at 333 Passaic Street and programmatic expenses associated with providing WIC benefits by the Passaic WIC Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that Kenneth Pincus, Health Officer, is hereby authorized and directed to make an application to the NJ Department of Health & Senior Services renewing the Special Supplemental Nutrition Program Women, Infants and Children grant for FFY 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 22 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Colon-Montanez the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-09-261 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER REPAIR MAIN AVENUE AND GREGORY AVENUE INTERSECTION PASSAIC NEW JERSEY WHEREAS, on August 7, 2024, there was a sanitary sewer pipe collapse at the intersection of Main Avenue and Gregory Avenue, Passaic, NJ; and WHEREAS, it was the determination of the City Engineer, Yasseen M. Saad, that this sanitary sewer pipe collapse posed a serious potential for a health and safety hazard; and WHEREAS, Delgado Brothers Plumbing and Heating, the City’s sewer maintenance contractor was called to investigate the underground sanitary sewer pipes for signs of collapse; and WHEREAS, due to the location of adjacent high-voltage utilities, the project required hand digging to avoid damage to underground utilities and through their investigative work, Delgado Brothers Plumbing and Heating had to begin excavation and set up their bypass system; and WHEREAS, a quotation was obtained from Delgado Brothers Plumbing and Heating to repair the sewer repair. 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 Page 23 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the final cost of the repair was $28,000.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing and Heating of Passaic, NJ be made in the amount of $28,000.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #4-01- 44-905-000-9SW Capital Outlay Sewer Improvement ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X ABSTAIN X X ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2463-24 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 4014 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 414 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION 1 Page 24 of 38  Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # 153 Eighth West Beginning at a point 58 B98RBM Street feet south of the southerly curbline of South Street and extending to a point 22 feet southerly therefrom 101 Grant Street South Beginning at a point 174 2987HC feet east of the easterly curbline of Lafayette Avenue and extending to a point 21 feet easterly therefrom 125 Howard South Beginning at a point 175 J31MXP Avenue feet east of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom 24 Liberty East Beginning at a point 74 C57HMY Street feet south of the southerly curbline of Howe Avenue and extending to a point 22 feet southerly therefrom 895 Main Avenue East Beginning at a point 48 W26EUU feet north of the northerly curbline of Harrison Street and extending to a point 22 feet northerly therefrom Page 25 of 38  Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 301 Paulison West Beginning at a point 230 T75PAV Avenue feet north of the northerly curbline of Broadway and extending to a point 22 feet northerly therefrom 98 President North Beginning at a point 102 7041HD Street feet east of the easterly curbline of Parker Avenue and extending to a point 22 feet easterly therefrom 72 Prospect East Beginning at a point 30 RBD84T Street feet south of the southerly curbline of Park Place and extending to a point 22 feet southerly therefrom SECTION 2 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 153 Eighth West Beginning at a point 58 U33UYX Street feet south of the southerly curbline of South Street and extending to a point 22 feet southerly therefrom 239 Fourth West Beginning at a point 91 N12NME Street feet south of the southerly curbline of Virginia Street and Page 26 of 38  Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC extending to a point 22 feet southerly therefrom 101 Grant Street South Beginning at a point 174 5286HL feet east of the easterly curbline of Lafayette Avenue and extending to a point 21 feet easterly therefrom 125 Howard South Beginning at a point 175 63BICI Avenue feet east of the easterly curbline of Main Avenue and extending to a point 20 feet easterly therefrom 169 Market West Beginning at a point 137 3724HL Street feet north of the northerly curbline of Hudson Street and extending to a point 22 feet northerly therefrom 301 Paulison West Beginning at a point 230 Z85URR Avenue feet north of the northerly curbline of Broadway and extending to a point 22 feet northerly therefrom 98 President North Beginning at a point 102 T14UWL Street feet east of the easterly curbline of Parker Avenue and extending to a point 22 feet easterly therefrom 72 Prospect East Beginning at a point 30 P712WC Street feet south of the southerly curbline of Park Place and extending to a point 22 feet southerly therefrom Page 27 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on October 15, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2464-24 ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” (48 BERGEN STREET) 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that Chapter 295 "Vehicles and Traffic" is hereby amended as follows: SECTION I Page 28 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 295-36.1 Loading or unloading passengers at Certain Locations and During Certain Hours shall be amended to add the following: Name of Street Side Location Hours/Days 48 Bergen Street North Beginning at a point “No Parking iLearn Schools 41 feet west of the when School is westerly curbline of in Session” Market Street and extending to a point 115 feet westerly therefrom SECTION IV This ordinance shall take effect upon final passage and publication as provided by law. Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on October 15, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2465-24 AN ORDINANCE AMENDING CHAPTER 295 OF THE CODE OF THE CITY OF PASSAIC ENTITLED “VEHICLES AND TRAFFIC” 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, Page 29 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, County of Passaic, and State of New Jersey that Chapter 295 "Vehicles and Traffic" is hereby amended as follows: SECTION I Chapter 295 (Part 1 – Art. XII) “Vehicles and Traffic, Part 1 – General Provisions, Article XII – Schedules” is hereby amended to make the following addition: 295-24.1 Schedule VA: Limiting the Use of Streets to Certain Class of Vehicles. All trucks having a total of three (3) axles or more are hereby excluded from all the designated streets or portions of streets described in Schedule VA, including for delivery or loading of supplies, materials, merchandise, or goods to and from the dwellings or places of business of persons residing or doing business on such streets. SECTION II 295-24.1 Schedule VA: Limiting the Use of Streets to Certain Class of Vehicles shall add the following: Name of Street Location Ninth Street From Wall Street to Passaic Street SECTION III Chapter 295 (Part 1 – Art. III) “Vehicles and Traffic, Part 1 – General Provisions, Article III – Truck Route System” is hereby amended to make the following addition.: 295-8: Truck Route System Page 30 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Trucks having a total of three (3) axles or more are hereby prohibited from all streets or portions of streets described in Schedule VA (§295-24.1), including for pickup and delivery or materials. SECTION IV This ordinance shall take effect based upon the provisions of law regarding final passage and required publication. 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 October 15, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2466-24 ORDINANCE AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 295, “VEHICLES AND TRAFFIC,” ARTICLE XVI, “BUS STOPS,” SECTION 38 “LOCATIONS” TO RELOCATE BUS STOP ON BROADWAY WHEREAS, N.J.S.A. 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this state or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and WHEREAS, the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XVI, “Bus Stops,” Page 31 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Section 38, “Locations,” designates certain areas within the City of Passaic as bus stops and provides that and no person shall park a vehicle at any time at such locations; and WHEREAS, New Jersey Transit has requested that the City of Passaic relocate one (1) bus stop on Broadway; and NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic, Chapter 295, “Vehicles and Traffic,” Article XII, “Schedules,” is hereby amended as follows: SECTION I Chapter 295. Vehicles and Traffic Article XVI. Bus Stops § 295-38. Bus Stops Locations Designated shall be amended by the deletion of the following: NAME OF STREET SIDE LOCATION Broadway South Boulevard (near side), beginning at the westerly curbline of Boulevard and extending 100 feet westerly therefrom SECTION II Chapter 295. Vehicles and Traffic Article XVI. Bus Stops § 295-38. Bus Stops Locations Designated shall be amended by the addition of the following: NAME OF STREET SIDE LOCATION Broadway South Boulevard (far side), beginning at the easterly curbline of Boulevard and extending 100 feet easterly therefrom SECTION III 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. Page 32 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION IV All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION V 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 October 15, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2467-24 ORDINANCE AMENDING CHAPTER 243 OF THE CODE OF THE CITY OF PASSAIC, ENTITLED "SHOPPING CARTS” WHEREAS, the City of Passaic recognizes the need to regulate the use and retrieval of shopping carts within its jurisdiction to maintain public safety, cleanliness, and order; and WHEREAS, the State of New Jersey has enacted N.J.S.A. 40:48-2.65, which provides guidelines for municipalities regarding the impoundment of shopping carts; and Page 33 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Mayor of the City of Passaic seeks to align the City’s local ordinances with the state statute to ensure consistency and compliance with state law; and WHEREAS, this amendment will provide clear procedures for the impoundment and retrieval of shopping carts, balancing the needs of local businesses with the City's responsibility to maintain public spaces; and WHEREAS, the Mayor and City Council believe that these amendments will promote cooperation between the City and local retailers while addressing concerns related to abandoned shopping carts in public areas. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic, in the County of Passaic, and State of New Jersey, as follows: SECTION 1. Chapter 243 of the Code of the City of Passaic, entitled "Shopping Carts," is hereby repealed in its entirety and amended as follows: Chapter 243 Shopping Carts § 243-1. Definitions. Whenever used in the within chapter, the following terms shall have the following meanings: SHOPPING CART A push cart of the type or types which are commonly provided by grocery stores, drug stores or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and their parking areas. PARKING AREA A parking lot or other property provided by a retailer for the use of a customer for parking an automobile or other vehicle. The parking area of a retail mercantile establishment located in a multi-store complex or shopping Page 34 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC center shall include the entire parking area used by the complex or center. § 243-2. Impounding of Shopping Carts. (1) The City shall not impound a Shopping Cart that has a sign or notice identifying the owner of the Shopping Cart, or the retailer who has written consent from the owner to use the Shopping Cart, and listing a valid telephone number or address through which the owner or retailer can be contacted, unless the following conditions are met: (a) The Shopping Cart is located outside the premises or Parking Area of a retail mercantile establishment; (b) The City notifies the owner or retailer (if ascertainable) of the location of the Shopping Cart and allows three business days from the date of such notification for the owner, retailer, or an authorized agent to retrieve the Shopping Cart, unless the immediate removal is necessary to prevent a danger to public safety; (c) The City notifies the owner or retailer upon impoundment of a Shopping Cart, and includes information as to how the Shopping Cart may be retrieved; (d) The location that an impounded Shopping Cart is held is reasonably convenient to the owner, retailer, or authorized agent, and is open for business at least six hours of each business day; and (e) The City allows the owner or retailer a minimum of five business days following receipt of notice that a Shopping Cart has been impounded to retrieve the Shopping Cart before it may sell or otherwise dispose of the Shopping Cart. Page 35 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC (2) The City may impound a Shopping Cart that has a sign or notice identifying the owner of the Shopping Cart, or the retailer who has written consent from the owner to use the Shopping Cart, and lists a valid telephone number or address through which the owner or retailer can be contacted, without meeting the conditions required by paragraphs (a) through (e) of § 243-2(1) of this section if the City: (a) Notifies the owner or retailer (if ascertainable) within 24 hours of impounding the Shopping Cart, and includes information on how the Shopping Cart may be retrieved; and (b) Releases the Shopping Cart to the owner, retailer or authorized agent without any charge or fine whatsoever, if the owner, retailer, or authorized agent attempts to retrieve the Shopping Cart within six business days of notice. § 243-3. Limited Scope of Chapter. Nothing contained in this Chapter shall preclude or otherwise limit the City from impounding a Shopping Cart that does not have a sign or notice identifying the owner of the Shopping Cart, or the retailer who has written consent from the owner to use the Shopping Cart, and lists a valid telephone number or address through which the owner or retailer can be contacted. § 243-4. Violations and Penalties. Owners or retailers shall be fined $50 for each occurrence for failure to retrieve impounded Shopping Carts. An occurrence includes all Shopping Carts impounded in accordance with this section during a 24-hour period. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be Page 36 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 4. This ordinance shall take effect upon final passage and publication as provided by law. Council Member Colon-Montanez moved the Ordinance be approved on first reading. Motion was seconded by Council Member Garcia the public hearing be held on October 15, 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X PAYMENT OF BILLS On a motion by Council Member Love and seconded by Council Member Melo, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X MAYOR’S REPORT Mayor Lora acknowledged that September 15th to October 15th is Hispanic Heritage Month, celebrating the contributions of Hispanic and Latino communities to the nation, state, and local areas. Various activities will be hosted to honor their leadership. The Mayor reminded the public that the Vice Presidential debate was scheduled for 9:00 PM that evening. Page 37 of 38 Passaic City Council Minutes: October 1, 2024 Approved: December 17, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Additionally, Mayor Lora addressed ongoing issues on 9th Street and downtown, particularly with mattress companies and parking challenges. The city is working on resolving these problems, though the company in question plans to relocate within a year. Efforts include adjusting signage and ensuring compliance with fire safety and code regulations. A more detailed report will be provided at the next council meeting. 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 8:23 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 38 of 38