City Council

City of Passaic New Jersey Passaic City Council January 7, 2025 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, JANUARY 21, 2025 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 JANUARY 21, 2025 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 JANUARY 8, 2025, 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 Technical ABSENT X X X Difficult X X ies 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 City of Passaic held a Rev. Dr. Martin Luther King Jr. Celebration Day 2025 Program Council Member Munk arrived at 8:46 p.m. Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council President Schaer called for a 10-minute recess at 8:46 p.m. On a motion by Council Member Love and seconded by Council Member Schwartz the council meeting was reconvened at 9:06 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X MINUTES Council Meeting Minutes for November 5, 2024 were submitted for approval. Upon motion made by Council Member Love and seconded by Council Member Schwartz the aforementioned meeting minutes were approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X HEARING OF CITIZENS Council Member Munk 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 Page 2 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC person who makes these statements will relinquish their allotted five minutes for public discussion. Evelyn T. Robinson • Expressed appreciation for the Reverend Dr. Martin Luther King Jr. service and recognized Dr. Love’s efforts in organizing it. • Thanked the city for establishing the shuttle service and requested its expansion to weekends for better accessibility. • Highlighted concerns about high rental costs and shared an example of an overpriced, inadequate rental unit. • Raised parking concerns, particularly regarding a landlord using a garage for storage instead of resident parking, exacerbating the parking shortage on 6th Street. • Urged the council to investigate and enforce ordinances regarding designated parking spaces. Minnie H. Austin • Praised the city for organizing the MLK event, emphasizing its significance in inspiring young people. • Expressed gratitude for the council’s efforts and highlighted the importance of continuing such programs to honor Dr. King. • Chose to refrain from discussing parking issues in order to keep his remarks positive. Vanessa Paz • Representing the Sixth City Coalition, addressed the council about youth drug use and the sale of flavored e-cigarettes in the city. • Shared data on illegal sales and the increasing number of smoke shops, emphasizing the need for stricter monitoring and enforcement. • Offered to provide more information and collaborate with the council on addressing underage sales and substance prevention. Sherry Greer • As the president of the Passaic NAACP and a student assistance coordinator, echoed concerns about youth substance use, particularly vaping among students. • Noted an alarming increase in vaping among elementary school children and a lack of intervention programs. • Urged the council to take stronger action against stores selling to minors and to improve youth support services. Page 3 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Joe Conoscenti • Questioned the city's policies on videotaping council meetings. • Raised concerns about the awarding of a contract for emergency fire alarm repairs at 361 Madison Street, criticizing the landlord’s neglect. • Expressed frustration over the landlord receiving city funds despite past violations and a fatal fire in the building. • Warned that housing authorities might stop funding the landlord’s properties due to persistent violations. • Urged the city to take stronger action against negligent landlords. 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. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT 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. 2475-24 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 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. Page 4 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Melo 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 ABSENT 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 Schwartz and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X COMMUNICATIONS: 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 City of Passaic, 330 Passaic Street, submitting the following applications: • Read Across America Event to held in the Passaic Senior Center, 330 Passaic Street, on March 1, 2025 from 12:00 p.m. to 2:00 p.m. (Contingent Upon Departmental Approvals) • Spring Bunny at the Park Event, to be held in Third Ward Park on April 5, 2025 from 12:00 p.m. to 2:00 p.m. (Contingent Upon Departmental Approvals) Page 5 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Passaic NAACP, submitting an application to hold a Flag Raising at Magnus Ellen Square, 330 Passaic Street, on February 1, 2025, from 11:00 a.m. to 12:30 p.m. (Contingent Upon Departmental Approvals) St. Anthony of Padua Roman Catholic Church, 101-103 Myrtle Ave, submitting the following applications: • Religious Procession, on April 18, 2025 from 10:00 a.m. to 12:00 p.m. Procession to commence on the corner of Oak St. and Myrtle Ave., and will travel left on Gregory St., to Monroe St., to Myrtle Ave., ending on the corner of Oak St. and Myrtle Ave. • Religious Procession, on June 13, 2025 from 8:15 p.m. to 9:30 p.m. Procession to commence on the corner of Oak St. and Myrtle Ave., and will travel left on Gregory St., to Monroe St., to Myrtle Ave., ending on the corner of Oak St. and Myrtle Ave. Alegrije 570 LLC t/a El Alegrije Mexican Restaurant, 570 Main Ave., submitting an application to renew their Entertainment License for the year 2025. El Asadero Mexican Grill LLC, 305 Passaic St., submitting an application to renew their Entertainment License for the year 2025. The Diamond Hall LLC, 75 Lexington Ave., submitting an application to renew their Entertainment License for the year 2025. Zuniga Entertainment LLC t/a Fiestas Night Club, 115 President St., submitting an application to renew their Entertainment License for the year 2025. Brighton Ave LLC t/a Silk, 40 Brighton Ave., submitting an application to renew their Entertainment License for the year 2025. NJ Preferred LLC, 689 Main Ave, submitting a new application for Livery Owner License for the year 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X Page 6 of 32 Passaic City Council Minutes: January 21, 2025 Approved: 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 Melo and seconded by Council Member Love the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: • Memorandum re-appointing Rigoberto Sanchez, to the Passaic Valley Water for a four-year term to commence immediately and expire December 31, 2029 • Memorandum re-appointing Dr. Edwin Garcia to the Alcoholic Beverage Control Board, term to commence immediately and expire June 30, 2027 ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X On a motion by Council Member Love and seconded by Council Member Colon-Montanez the following communications and petitions were received placed on file and approval granted Passaic Valley Water Commission submitting the following: • Minutes of their November 23, 2024 meeting Brockerhoff Enviromental Service LLC, Washington NJ submitting the following: • Correspondence regarding: Updated Receptor Evaluation Kurtin’s Service Center – 25-29 Passaic Ave, Passaic City, Passaic County, NJ 07055 NJDEP Program Interest #027136 NJDEP Case #00-07-26-1213- 43 Page 7 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City State of New Jersey Department of Environmental Protection submitting the following: • Suspected Hazardous Substance Discharge Notification: NJDEP Case Number :25-01-03-1306-17 City of Passaic, Planning Board submitting the following: • Agenda of their January 8, 2025 meeting City of Passaic, Zoning Board of Adjustments submitting the following: • Agenda of their December 17, 2024 • Agenda of their January 7, 2025 meeting North Jersey District Water Supply Commission, submitting the following: • 2025 Budget • Minutes of their November 20, 2024 meeting City of Passaic Housing Authority submitting the following: • Meeting notice for year 2025 City of Passaic Redevelopment Agency , submitting the following: • Meeting notice for year 2025 Passaic Municipal Court, submitting the following: • Monthly report for December 2024 ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA Page 8 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 21, 2025, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 25-01-027 RESOLUTION AUTHORIZING A CONTRACT TO PURCHASE TIRES, TUBES AND SERVICES FOR ALL CITY VEHICLES WHEREAS, the City of Passaic wishes to enter into a contract with Goodyear Auto Service, Englewood, NJ for tires, tubes and services offered under the NJ State Contract #25-fleet-82627; and WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the contract period is from July 1, 2024 through June 30, 2027 in an approximate amount of $35,000.00/year. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Goodyear Auto Service, Englewood, NJ in an approximate amount of $35,000.00/year. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Page 9 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available in account #5-01- 26-315-000-061 Vehicle Maintenance Parts and 5-01-26- 315-000-050 Vehicle Maintenance DPW pending governing body approval. CITY OF PASSAIC RESOLUTION NO. 25-01-028 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2025 FORD POLICE INTERCEPTOR WHEREAS, the Passaic Police Department wishes to purchase One (1) 2025 Ford Police Interceptor offered under Bergen County Coop Bid #BC-BID-24-43 Coop #CK04 from Paramus Ford, DBA All American Ford of Paramus, Paramus, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment Cooperative Pricing System entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: One (1) 2025 Ford Police $46,915.40 Interceptor Utility AWD Options - Delivery $325.00 Total $ 47,240.40 WHEREAS, it is the recommendation of Police Chief Louis Guzman that the contract for One (1) 2025 Ford Interceptor Utility be awarded to Paramus Ford, DBA All American Ford of Paramus, Paramus, NJ under Bergen County coop Bid #BC-BID-24-43 Coop #CK04 in the amount of $47,240.40 inclusive of the delivery of the vehicle. Page 10 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Paramus Ford, DBA All American Ford of Paramus, Paramus, NJ for One (1) 2025 Ford Interceptor Utility in the amount of $47,240.40. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Account #T-03-56- 306-001-240 CITY OF PASSAIC RESOLUTION NO. 25-01-029 RESOLUTION AUTHORIZING A CONTRACT TO PURCHASE AUTO PARTS FOR ALL CITY VEHICLES WHEREAS, the City of Passaic wishes to enter into a contract with the following vendors for auto parts offered under the Bergen County Coop, NJ State Contract and ESCNJ; and Automotive Brake Co., BC-BID-24-34 Hackensack, NJ Cliffside Body Corporation, BC-BID-24-34 Fairview, NJ Buy-Wise Auto Parts, BC-BID-24-34 Vauxhall, NJ P&A Auto Parts, Saddle Brook, BC-BID-24-34 NJ Parts Authority LLC, New BC-BID-24-34 Hyde, NY United Ford, LLC BC-BID-24-34 W.E. Timmerman, Whitehouse, ESCNJ 20/21-55 NJ Nielsen Ford of Morristown, NJ STATE 23-FLEET- Inc. 34922 Page 11 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Frank Truck Center, Inc. NJ STATE 19-FLEET- 00922 WHEREAS, N.J.S.A. 40A:11-11 authorizes the purchase of any materials, supplies or equipment under NJ State Contract entered on behalf of the City and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the contract period is from December 4, 2024 through December 3, 2026 in an approximate amount of $235,000.00 inclusive of all listed vendors and any other vendors awarded a state contract, or Coop. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Automotive Brake Co., Cliffside Body Corporation, Buy- Wise Auto Parts, P&A Auto Parts, W.E Timmerman, Parts Authority LLC, United Ford LLC, Nielsen Ford of Morristown, Inc, and Frank Truck Center, Inc., in an approximate amount of $235,000.00 inclusive of all listed vendors and any other vendors awarded a state contract, or Coop. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in account #5-01- 26-315-000-034 Vehicle Maintenance Parts. Pending governing body approval. Page 12 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-01-030 RESOLUTION AWARDING CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT FOR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SANITARY AND STORM SEWER SYSTEM IMPROVEMENTS AT VARIOUS LOCATIONS WHEREAS, proposals were received by the Director of Purchasing on Friday, January 3, 2025, for Design and Construction Management for 2024 Community Development Block Grant (CDBG) Sanitary and Storm Sewer System Improvements at Various Locations; 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, a proposal was received from French and Parello Associates of Wall NJ which was deemed non- responsive as they did not submit the required proposal sheet specified in the specifications. WHEREAS, the evaluation Committee reviewed the proposals received and recommends that the contract for Design and Construction Management for 2024 Community Development Block Grant (CDBG) Sanitary and Storm Sewer System Improvements at Various Locations for Phase I – Survey, Plans, Specification and Cost Estimate in an amount not to exceed $41,490.00 and Phase II Construction Management and Inspections in an amount not to exceed $21,900.00 for a total not to exceed amount of $63,390.00 be awarded to Neglia Group, of Lyndhurst NJ. Page 13 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for 2024 Community Development Block Grant (CDBG) Sanitary and Storm Sewer System Improvements at Various Locations for Phase I – Survey, Plans, Specification and Cost Estimate in an amount not to exceed $41,490.00 and Phase II Construction Management and Inspections in an amount not to exceed $21,900.00 for a total not to exceed amount of $63,390.00 be awarded to Neglia Group, of Lyndhurst NJ. 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 CDBG 2023 Sewer System and Roadway Improvement Account # B-12-49-BG3- 006-9RD. CITY OF PASSAIC RESOLUTION NO. 25-01-031 RESOLUTION REJECTING BIDS FOR URBAN ENTERPRISE ZONE CENTRAL BUSINESS DISTRICT SIDEWALKS REPLACEMENT PROJECT CITY OF PASSAIC WHEREAS, bids were received by the Purchasing Director on Tuesday, January 7th, 2025 for the Urban Enterprise Zone Central Business District Sidewalks Replacement Project City of Passaic; and WHEREAS, a list of bids that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, Yasseen Saad, City Engineer recommends that the bids received for the Urban Enterprise Zone Central Business District Sidewalks Replacement Project Page 14 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC City of Passaic be rejected for the revision of the specification, and the bids received exceeded the current budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids received for Urban Enterprise Zone Central Business District Sidewalks Replacement Project City of Passaic. CITY OF PASSAIC RESOLUTION NO. 25-01-032 RESOLUTION AWARDING CONTRACT FOR SNOW PLOWING/ REMOVAL SERVICES 2024-2025 (RE-BID) CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Friday, January 3, 2025, for Snow Plowing/Removal Services 2024-2025; and WHEREAS, bids were received as per the attached spreadsheet: and WHEREAS, in addition to the attached, a complete list of vendors downloaded from the City of Passaic’s website is available in the Purchasing Department; and WHEREAS, Mark Watkins, Sr., Superintendent of Public Works recommends that a contract be awarded to Smith-Sondy Asphalt Construction Co., Wallington, NJ, for Class A, B, D, and E the following truck classes on an as-needed basis; and Truck Class Hourly Rate Class A: 26,000 lbs. & over GVW $200.00/hr. Class B: 20,000 lbs. to 25,999 $200.00/hr. GVW Class D: Small 4-wheel drive $200.00/hr. vehicles Class E: Front Loader minimum $335.00/hr. 3yd bucket Page 15 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC TOTAL BID: $7,480.00 WHEREAS, calculations for the above are based on an 8-hour day and can fluctuate plus or minus during the contract; and WHEREAS, the City of Passaic shall determine the need to execute this contract on an as-needed basis with a minimum accumulation of four (4) inches or more of snow; and WHEREAS, the above rates shall not exceed a total of $35,000.00 commencing December 1, 2024, to through April 15, 2025; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Snow Plowing/Removal Services 2024-2025 be awarded to Smith- Sondy Asphalt Construction Co. Wallington, NJ for the above-mentioned rates on an as-needed basis (a minimum accumulation of four (4) inches or more of snow shall dictate the calling out of Contractor) in an amount not to exceed $35,000.00. 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 Public Works Acct. #5-01-26-290-000-028 and funds for subsequent budgets are available providing that the budget is approved by the governing body. Page 16 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-01-033 RESOLUTION AUTHORIZING CHANGE ORDERS #7 AND 8 PARKING DECK – PASSAIC AND STATE STREET WHEREAS, on June 18, 2024, the City Council of the City of Passaic adopted Resolution #24-06-159 (attached) approving a contract with Dinallo Construction of Wood- Ridge, NJ in the amount of $12,757,000.00; and WHEREAS, on November 7, 2024, the City Council approved Resolution #24-11-284 (attached) for Change Orders #1, 2, and 3 in the amount of $591,943.71 for a revised contract amount of $13,348,943.71; and WHEREAS, on December 5, 2024, the City Council approved Resolution #24-12-311 (attached) for Change Orders #4 and 5 in the amount of $60,308.49 for a revised contract amount of $13,409,252.20 WHEREAS, on December 17, 2024, the City Council approved Resolution #24-12-382 (attached) for Change Order #6 in the amount of $40,323.71 for a revised contract amount of $13,449,575.91; and WHEREAS, Change Order #7 has been incurred due to the discovery of additional old concrete foundations throughout the construction site increasing the contract an additional $6,071.33 for a revised contract amount of $13,455,647.24; and WHEREAS, Change Order #8 has been incurred due to additional fill needed throughout the construction site increasing the contract an additional $6,071.33 for a revised contract amount of $13,461,718.57. NOW THEREFORE BE IT RESOLVED that the contract with Dinallo Construction of Wood-Ridge, NJ shall be amended to increase the contract amount to $13,461,718.57. Page 17 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC BE IT FURTHER RESOLVED that the contract be amended to increase the total amount of this contract per resolution. CERTIFICATION OF FUNDS Funds for the above are available in Bond Ordinance Account #C-04-55-984-024-PDK. CITY OF PASSAIC RESOLUTION NO. 25-01-034 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENT WHEREAS, the Tax Court of New Jersey based on a settlement judgment entered on 10/28/24 for Block: 3298 Lot: 33, also known as 129-135 Main Ave, Passaic, NJ, property owners: Congregation Kollel Ohr Hatorah. The judgments entered for tax year 2022 reduced the assessment on the property for the tax year; WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, the credits resulting from the 2022 judgments will be; 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/ TAX LOT PROPERTY OWNER YEAR REFUNDS CREDITS 3298/ Congregation Kollel 33 129-135 Main Ave Ohr Hatorah 2022 $35,728.92 $0.00 Applied to 4 QTR 2023 $0.00 Total Refund $35,728.92 Page 18 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-01-035 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ ROAD CONSTRUCTION PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for the Passaic UEZ Road Construction Project and obtain a grant from the NJ Department of Community Affairs for $500,000 for the project; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 11, 2024 approved a resolution to submit a grant application to initiate a Passaic UEZ Road Construction Project to the NJ Urban Enterprise Zone Authority in the amount of $500,000; and WHEREAS, the Passaic UEZ Road Construction Project: will benefit local businesses, residents and shoppers in the Urban Enterprise Zone; and, WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Road Construction Project in the amount of $500,000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also, upon receipt of the fully executed Page 19 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 25-01-036 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ BUSINESS DISTRICT SURVEILLANCE CAMERA PROJECT PHASE 2 TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for The Passaic UEZ Business District Surveillance Camera Project and obtain a grant from the NJ Department of Community Affairs for $300,000 for the project; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 11, 2024 approved a resolution to submit a grant application to initiate a Passaic UEZ Business District Surveillance Camera Project to the NJ Urban Enterprise Zone Authority in the amount of $300,000; and Page 20 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the Surveillance Camera Program will complement the proposed Quality of Life initiative the City intends to undertake to address issues including: loitering, panhandling, graffiti, vandalism are a detriment to the UEZ areas, particularly the retail outlets; and, WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Business District Surveillance Camera Project Phase 2 in the amount of $300,000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also , upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 25-01-037 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND Page 21 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC EXPENDITURE OF FUNDS FOR PASSAIC UEZ MARKETPLACE PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for the Passaic UEZ Marketplace Project and obtain a grant from the NJ Department of Community Affairs for $40,000 for the project; and WHEREAS, the PEZDC Board of Trustees at their meeting of December 11, 2024 approved a resolution to submit a grant application to initiate the Passaic UEZ Marketplace Project to the NJ Urban Enterprise Zone Authority in the amount of $200,000; and WHEREAS, the Passaic UEZ Marketplace Project will explore the commercial viability of creating a marketplace to enhance economic activity in the UEZ by contracting for professional services. WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Business District Surveillance Camera in the amount of $40,000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also , upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed Page 22 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 25-01-038 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ BUSINESS EXPANSION FORGIVABLE LOAN PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, the City of Passaic through the Passaic Enterprise Zone Development Corporation (PEZDC) desires to apply for the Passaic UEZ Business Expansion Forgivable Loan Project: and obtain a grant from the NJ Department of Community Affairs for $100,000 for the project; and, WHEREAS, the PEZDC Board of Trustees at their meeting of December 11, 2024 approved a resolution to submit a grant application to initiate a Passaic UEZ Business Expansion Forgivable Loan Projection the NJ Urban Enterprise Zone Authority in the amount of $100,000; and WHEREAS, the program will be available to certified Passaic UEZ Businesses planning to expand their operation and increase the number of jobs at their business; and, WHEREAS, the UEZA also requires the municipal approval of the submission, acceptance and expenditure of grant funds. Page 23 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a Passaic UEZ Business Expansion Forgivable Loan Project in the amount of $100,000; and (2) recognizes and accepts that the Department may offer a lesser or greater account and therefore upon receipt of the grant agreement from the NJ Department of Community affairs, does further authorize the execution of any such grant agreements; and also , upon receipt of the fully executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the New Jersey Department of Community Affairs. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Chairman and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: CITY OF PASSAIC RESOLUTION NO. 25-01-039 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION, ACCEPTANCE OF A GRANT, EXECUTION OF AN AGREEMENT AND EXPENDITURE OF FUNDS FOR THE PASSAIC UEZ WORKFORCE TRAINING PROJECT PHASE 2 PROJECT TO THE NJ URBAN ENTERPRISE ZONE AUTHORITY WHEREAS, The Passaic Enterprise Zone Development Corporation desires to apply for and obtain a grant from the NJ Department of Community Affairs in an amount not to exceed $100,000.00 to establish a Passaic UEZ Workforce Training Project; and, WHEREAS, the PEZDC Board of Trustees at their meeting of December 11, 2024 approved resolution to Page 24 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC submit a grant application to fund the Passaic UEZ Workforce Training Project to the NJ Urban Enterprise Zone Authority in the amount not to exceed $100,000; and WHEREAS, UEZ businesses in Passaic have been advertising for entry level positions particularly in retail and food service establishments, health and medical industries, commercial drivers and other jobs; and WHEREAS, the Passaic UEZ seeks to assist local businesses by training potential workers and creating more jobs in the zone: NOW, THEREFORE BE IT RESOLVED that: (1) the City Council of the City of Passaic does hereby authorize the application for a grant for the Passaic UEZ Workforce Training Project Phase 2 in an amount not to exceed $100,000; and (2) recognizes and accepts that the Urban Enterprise Zone Authority may offer a lesser or greater account and therefore upon receipt of the grant agreement from the Urban Enterprise Zone Authority, does further authorize the execution of any such grant agreements; and also, upon receipt of the fully executed agreement from the Urban Enterprise Zone Authority, does further authorize the expenditure of funds pursuant to the terms of the agreement between the Passaic Enterprise Zone Development Corporation and the Urban Enterprise Zone Authority. BE IT FURTHER RESOLVED that the Mayor and City Clerk and/or the Executive Director and Secretary of the Passaic Enterprise Zone Development Corporation as deemed appropriate by the NJ UEZA are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: Page 25 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-01-040 RESOLUTION AUTHORIZING APPLICATION FOR THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS 2025 LOCAL RECREATION IMPROVEMENT GRANT PROGRAM WHEREAS, the City of Passaic desires to apply for and obtain a grant from the New Jersey Department of Community Affairs Local Recreation Improvement Grant for approximately $75,000.00 in order to enhance the recreational opportunities for our residents by supporting the Mayor’s Blue Parks Initiative for Officer Robert Strone Playground; and WHEREAS, the City of Passaic does hereby authorize the application for such a grant and recognizes and accepts that the Department may offer lesser or a greater amount upon receipt of the grant agreement from the New Jersey Department of Community Affairs; and BE IT THEREFORE RESOLVED, that the City of Passaic does further authorize the execution of any such grant agreement; and also, upon receipt of the executed agreement from the Department, does further authorize the expenditure of funds pursuant to the terms of the agreement between the City of Passaic and the New Jersey Department of Community Affairs; and BE IT FURTHER RESOLVED, that the persons whose names, titles, and signatures appear below are authorized to sign the application, and that they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: Page 26 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-01-041 RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR EMERGENCY REPAIR OF THE FIRE ALARM SYSTEM 361 MADISON STREET WHEREAS, on December 31, 2024, the Construction Official, Alberto Ventura, determined that due to a fire at 361 Madison Street, Passaic, NJ, this property was deemed an unsafe structure and Imminent 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, United Federated Systems, Totowa, NJ was contracted to repair the fire alarm system and smoke detectors so that residents could return to their homes during an extremely frigid week; and WHEREAS, the cost for this service was $18,940.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to United Federated Systems, Totowa, NJ in the amount of $18,940.00 is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Fire Prevention Acct. #T-03-56-293-000-808. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 27 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2476-25 ORDINANCE AMENDING CHAPTER 231 “RENT STABILIZATION” OF THE CITY OF PASSAIC CODE WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; WHEREAS, this Ordinance is being proposed to ensure that the citizens of the City are protected from unconscionable rent increases throughout the duration of their tenancies while also ensuring that property owners are incentivized to continue investing in the City and maintaining and improving their properties to ensure adequate living conditions throughout the City; NOW THEREFORE, IT IS ORDAINED by the City Council of the City of Passaic that the City Code of the City of Passaic is hereby amended to incorporate the revisions to Chapter 231 Section 23, Subsection A. to include a carve-out to permit property owners to pass along property tax increases in a given year to their tenants, pro rata, above the rent stabilization limits, adjust the rent stabilization limits to account for said additional relief, and as promulgated herein: SECTION I ALL ADDITIONS ARE UNDERLINED ALL DELETIONS ARE NOTED BELOW BY STRIKETHROUGH Page 28 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC § 231-23 Rent Stabilization of 2025. A. Notwithstanding any other provision of this chapter, from the effective date of this section, up until the sixth (6th) anniversary of the effective date of this section, it shall be unlawful for any landlord of a multiple-dwelling housing space or Dwelling Unit to demand, receive or collect any rental increase more than once in any twelve-month period; or, in situations in which a lease for a period of time greater than twelve months is involved, no landlord shall demand, receive or collect any rental increase more than once in a twelve- month period and any rent increase shall be restricted to a maximum of 86% plus a fee derived from any pro rata share of property tax increases incurred in that calendar year as set forth in Subsection (1) below. The landlord may increase the base rent on each annual anniversary date of each tenancy by a maximum of 86% plus the below stated property tax increase fee. (1) Above any maximum rental increase authorized within this section, § 231-23, any landlord who receives a municipal property tax increase may pass 100% of the increase on to their tenants as a fee which shall be divided, pro rata, across all dwelling units based upon an approximate square footage share of total dwelling units offered for rent in said property. Any such adjustment should take effect upon the anniversary date of each tenancy, shall be specifically itemized in the landlord’s rental increase notification, and shall be deemed an admissible fee over and above the 6% maximum rental increase. For purposes of future rent increases, the portion of monthly rent associated with this property tax increase fee shall not be incorporated when calculating the subsequent permissible rent increase. Adjustments shall be applicable to the 2025 tax year and each successive tax year, with 2024 being the base year. Page 29 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC SECTION II If any section or provision of this ordinance shall be invalid in any court the same shall not affect the other sections or provisions of this ordinance except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. SECTION III All ordinances or parts of ordinances to inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION IV This Ordinance shall be subject to review by the Council after passage of six months from its effective date. SECTION V This ordinance shall take effect upon publication as provided by law. Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Colon – Montanez the public hearing be held on February 4, 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT 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 Page 30 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ABSENT X X X X X X MAYOR’S REPORT Mayor Lora addressed concerns over the holiday decorating contest results, clarifying that winners were chosen by public votes via social media, not by elected officials. He highlighted the high level of participation, with 95,000 views for faith-based and non-profit organizations, 22,000 votes for businesses, and 60,000 votes for homes. To increase engagement next year, the contest will be advertised earlier, and voter registration promotion may be integrated. He stressed the importance of using such opportunities to share fire safety tips, cold weather precautions, and emergency preparedness information. Mayor Lora also spoke about key city initiatives, including free shuttle services benefiting seniors, youth, and low-income residents, expanded programming for children with special needs, and the recent success of the 100% affordable housing development on Lexington Avenue, which provided new apartments for income-qualified residents. He acknowledged the smooth transition of power during the recent inauguration and commended the council and city administration for responsible governance. He expressed appreciation for community partnerships that help advance city programs and emphasized the collective effort required to continue improving the city. 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 9:44 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X X X X X Page 31 of 32 Passaic City Council Minutes: January 21, 2025 Approved: PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 32 of 32