City Council

NOTE: THE FULL TEXT OF ALL REPORTS, PETITIONS, ORDINANCES, RESOLUTIONS, MOTIONS, AND OTHER PAPERS WHICH APPEAR HEREIN BY SYNOPSIS ARE AVAILABLE TO THE PUBLIC FOR EXAMINATION AT THE CITY CLERK' S OFFICE DURING THE REGULAR BUSINESS HOURS. THESE MINUTES DO NOT PURPORT TO CONTAIN THE FULL CONTENTS OF THE MATTERS DISCUSSED. East Orange City Council Special Meeting Virtual Meeting Zoom Monday August 19th, 2024 ROLL CALL PRESENT: Councilman Casim Gomez Councilman Sammed R. Monk Councilman Bergson Leneus Councilwoman Amy Lewis Councilwoman Naiima H. Fauntleroy Councilwoman Tameika Garrett- Ward Councilman Christopher Awe Councilman Christopher D. James Chairman Vernon Pullins, Jr. ABSENT: Councilwoman Alicia Holman The Deputy City Clerk determined there was a quorum and the meeting commenced at 5: 38 PM. CITY OFFICIALS: Ronald Hunt, Esq., Corporation Counsel Solomon Steplight, Business Administrator Eladio Negron, Director, Property Maintenance Daphne Gamboa, Acting Chief Financial Officer Horace Henry, Director, Health Department Jerome Pearson, Director, Recreation& Cultural Affairs Rubert Bell, Director, Public Works Maurice Boyd, Public Safety Director Bruce Davis, Interim Chief, Fire Department Phyllis Bindi, Chief, Police Department ALSO PRESENT: Everett Johnson, Attorney for Wilentz, Goodman, and Spencer Tim Eismeier, Outside Attorney Richard Pisacane, City Council Office II. SALUTE TO THE FLAG 1  III. SILENT PRAYER IV. SUNSHINE LAW STATEMENT THIS MEETING, WHICH CONFORMS WITH THE PROVISIONS OF THE OPEN PUBLIC MEETINGS LAW, CHAPTER231, P. L. 1975, IS A REGULAR OFFICIAL CITY COUNCIL MEETING. NOTICES HAVE BEEN FILED WITH OUR OFFICIAL NEWSPAPER WITH THE CITY CLERK AND POSTED ON THE REGULAR BULLETIN BOARD. THE PUBLIC IS ALLOWED TO PARTICIPATE WHERE STIPULATED ON THE AGENDA. REPORT OF COMMITTEES A. HOUSING, LICENSING AND INSPECTION Resolution I-302: RESOLUTION AUTHORIZING THE CITY OF EAST ORANGE TO ENTER INTO A CONTRACT TO UTILIZE SPATIAL DATA LOGIC SOFT WARE SYSTEM SERVICES FOR THE DEPARTMENT OF CODE ENFORCEMENT WHEREAS the City of East Orange desires to enter a service contract for SDL Software- HS3000 and Hosting Services for the Department of Code Enforcement SoftWare- HS3000, Hosting Services, and SL3000- Enterprise License, a current software system for the City East Orange, Department of Code Enforcement; and WHEREAS, the Purchasing Agent has determined and certified in writing Spatial Data Logic Soft Ware System Services Contract value, will not exceed$ 80, 400. 00; and WHEREAS, the Chief Financial Officer of the City of East Orange has prepared necessary Certificate of Availability of Funds, Contract and Invoice, a copy of attached hereto, certifying that funds are available for the purpose in Account# 4- 01- 22- 195- 003- 117 at a cost not to exceed $ 80,400.00 ( Eighty-Thousand, Four Hundred Dollars); and WHEREAS the Spatial Data Logic Software System at 285 Davidson Avenue, Suite 3(02, Somerset, NJ 08873 utilized by the Department of Code Enforcement is a registered system retained, and programmed contractual services, has submitted contract for SDL SoftwareHS3000 and Hosting Services for the Department of Code Enforcement Contractual Services Term 2/ 29/ 2024 to 2/ 27/ 2025; and WHEREAS Contractual Services Term 2/ 29/ 202,4 to 2/ 27/ 2025; and WHEREAS, the Director of Code Enforcement has recommended that Spatial Data Logic be awarded a contract to provide the services as per attached contract; and WHEREAS the Local Public Contracts Law ( N. J. S. A. 40A: 11- 5( 1)( dd) permits contracts for the provision or performance of goods or services for the support or maintenance of registered software system to be negotiated and award by the governing body without public advertising for bids; and WHEREAS the City is acquiring these services directly and openly as a statutorily permitted contract pursuant to the provisions of N.J. S. A. 19: 44a- 20. 4 et seq. ( Pay to Play Law); and 2  WHEKt; AS the vendor has completed and submitted a Business Entity Disclosure Certification which certifies the vendor has not made any reportable contributions to the political or candidate committees listed in the Business Entity Disclosure Certification in the previous one year, and that the contract will prohibit the vendor from making any reportable contributions during the term of the contract; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of East Orange is authorized to utilize Spatial Data Logic, 285 Davidson Avenue, Suite 302, Somerset, NJ 08873 through Registered Software System services to provide SDL Software- Hs3000, Hosting Services/ Site, SL3000 Enterprise License- 1 year per computer or named user ( 50) and 1 training credit for the East Orange Department of Code Enforcement. BE IT FUTHER RESOLVED that a copy of this Resolution shall be made available in the Clerk's office in accordance with applicable law. A roll call was taken: Aye: Councilman Monk, Councilman Leneus, Councilwoman Fauntleroy, Councilwoman Garrett-Ward, Councilman Awe, Councilman James, Chairman Pullins Nay: Councilwoman Lewis Abstain: Councilman Gomez Absent: Councilwoman Holman 7- Ayes, 1- Nays, 1- Abstentions, 1- Absent) B.' LAW& LEGISLATION No Resolutions ORDINANCE ON FIRST READING Councilwoman Garrett- Ward on behalf of the Law and Legislation Committee moved that Ordinance # 22 of 2024 be taken up on First Reading and read by title only. Councilman Awe seconded the motion. Ordinance No. 22 of 2024 BOND ORDINANCE PROVIDING FOR VARIOUS 2024 CAPITAL ACQUISITIONS AND IMPROVEMENTS, BY AND IN THE CITY OF EAST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY; APPROPRIATING $ 7, 622, 000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $ 7, 240, 900 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF EAST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY not less than two- thirds of all members thereof affirmatively concurring) AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the City of East Orange, in the County of Essex, State ofNew Jersey 3  the" City"). For said improvements or purposes stated in Section 3 hereof, there is hereby appropriated the aggregate sum of $ 7, 622, 000, which sum includes 381, 100 as the aggregate amount of down payments for said improvements or purposes as required by the Local Bond Law, N.J.S. A. 40A: 2- 1 et seq. ( the" Local Bond Law"). The down payments are now available therefor by virtue of a provision or provisions in a previously adopted budget or budgets of the City for down payment or for capital improvement purposes. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet part of the said$ 7, 622,000 appropriation not provided for by application hereunder of the down payments, negotiable bonds of the City are hereby authorized to be issued in the aggregate principal amount of$7,240, 900 pursuant to, and within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the City in an aggregate principal amount not exceeding $ 7, 240, 900 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. The various improvements hereby authorized and various purposes for the financing of which said obligations are to be issued, include, but are not limited to, the following: Down Useful Description Appropriation Authorization Payment Life a) The purchase of municipal 1, 699, 000 1, 614, 050 82, 950 10 yrs Vehicles and equipment for the Department of Public Works, Including a mechanical street Sweeper, two( 2) Peterbilt heavy Duty dump trucks, and three( 3) Buses for Senior Services, and the purchase and installation of an above- ground gas tank; b) Various capital improvements, $ 3, 973, 000 3, 774, 350 198, 650 20 yrs repairs and upgrades to, and capital acquisitions for, municipal buildings, facilities and properties, including, but not limited to, the replacement of the furnace at the Courthouse, the replacement of The air conditioning systems at The Courthouse, the Municipal Library, and Recreation Center, The replacement of the roofs at the Courthouse and the Recreation Center, and the replacement, installation, and repair, as applicable of light fixtures, plumbing, electrical, sheet rock, and flooring at City Hall and other municipal facilities; c) The purchase and installation $ 350, 000 332, 500 17, 500 7 yrs of various IT equipment, including servers and routers; and upgrades to the building automation system; d) Various repairs, 1, 500, 000 1, 425, 000 75, 000 20 yrs improvements, and upgrades to City Firehouses, including, but not limited to, plumbing, electrical, and flooring, and other exterior and interior 4 improvements; and the construction of sleeping quarters at the Firehouse; and e) Section 20 costs 100, 000 95, 000 5, 000 7, 622, 000 $ 7, 240, 900 $ 381, 100 a) The estimated aggregate maximum amount of bonds or notes to be issued for said improvements or purposes is $ 7, 240, 900. b) The estimated aggregate cost of said improvements or purposes is 7, 622, 000, the excess amount thereof over said estimated maximum amount of bonds or notes to be issued therefore is the aggregate down payments available for such improvements or purposes in the amount of$381, 100. c) All such improvements or purposes described above shall include, but are not limited to, as applicable, all construction planning, engineering, design work, preparation of plans and specifications, permits, bid documents, environmental testing and remediation, construction inspection and contract administration and all materials, equipment, accessories and work necessary therefor or incidental thereto. SECTION 4. In the event the United States of America, the State of New Jersey, and/ or the County of Essex make a contribution or grant in aid to the City for the improvements or purposes authorized hereby and the same shall be received by the City prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/ or the County of Essex. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Essex shall be received by the City after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the City as a result of using funds from this bond ordinance as matching local funds" to receive such contribution or grant in aid. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City ( the " Chief Financial Officer'), provided that no note shall mature later than one ( 1) year from its date. The bond anticipation notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the bond anticipation notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J. S. A. 40A:2- 8. 1. The Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the bond anticipation notes so sold, the price obtained and the name of the purchaser. 5 SECTION 6. The City hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the City is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Director of the Division of Local Government Services, within the New Jersey Department of Community Affairs. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: a) The improvements or purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the City may lawfully undertake as general improvements, and no part of the costs thereof have been or shall be specially assessed on property specially benefited thereby. b) The average period of usefulness of said improvements or purposes within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of issuance of the bonds authorized by this bond ordinance, is 17. 14 years. c) The Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed with the Director of the Division of Local Government Services, within the New Jersey Department of Community Affairs, and such statement shows that the gross debt of the City, as defined in the Local Bond Law, is increased by the authorization of the bonds or bond anticipation notes provided for in this bond ordinance by 7,240,900 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. d) An aggregate amount not exceeding $ 100, 000 for items of expense listed in and permitted under N.J. SA. 40A: 2- 20 is included in the estimated cost indicated herein for the purposes or improvements described in Section 3 hereof. SECTION 8. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the City, and, unless paid from other sources, the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the principal of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The City reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes, This Section 9 is intended to be and hereby is a declaration of the City' s official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of the bonds or notes authorized herein in accordance with Treasury Regulation §1 . 150- 2. SECTION 10. The City covenants to maintain the exclusion from gross income under Section 103( a) of the Internal Revenue Code of 1986, as amended, of the interest all bonds and bond anticipation notes issued on a tax- exempt basis under this bond ordinance. SECTION 11. The Chief Financial Officer is hereby authorized to prepare and update from time to time as necessary a financial disclosure document to be 6  distributed connection with the sale of obligations of the City, which are authorized herein, and execute such disclosure document on behalf of the City. The Chief Financial Officer further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the City pursuant to Rule 15c2- 12 of the Securities and Exchange Commission( the " Rule") for the benefit of holders and beneficial owners of obligations the City, which are authorized herein, and to amend such undertaking from time to time connection with any change in law, or interpretation thereof, provided such undertaking and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the City fails to comply with undertaking, the City shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. SECTION 12. This bond ordinance shall take effect twenty ( 20) days after the publication of this bond ordinance after final adoption, as provided by the Local Bond Law. A roll call was taken: Aye: Councilman Gomez, Councilman Monk, Councilman Leneus, Councilwoman Lewis, Councilwoman Fauntleroy, Councilwoman Garrett- Ward, Councilman Awe, Chairman Pullins Nay: None Abstain: Councilman James Absent: Councilwoman Holman 8- Ayes, 0- Nays, 1- Abstentions, 1- Absent) X. CALL OF THE WARDS 1. Councilwoman Lewis announced a bookbag giveaway event on August 31st at Soverel Park at 12pm and a community meeting on August 20th at St. Mark' s AME Church at 6 pm. 2. Councilman Awe announced the start of a series of block meetings at Melmore Gardens, in collaboration with Councilman Monk, starting August 23r1. He congratulated Everett Johnson as one of the country' s best lawyers. 3. Councilman Monk announced Taichi at Rowley Park at 6 pm. He also announced Mike Davis' s celebration and back- to- school event in the 2" d Ward on August 27th. He informed the public to contact City Hall regarding any issues with the storm. 4. Councilman Leneus announced the 3` d Ward' s Annual Bookbag Giveaway event on August 24th, immediately followed by Summer Jam in Elmwood Park. He also announced Adult Movie Night on September 6th 5. Councilman Gomez thanked law enforcement and public safety for helping out with the storm and his colleagues for resolving the issues during the storm. 6. Councilwoman Garrett-Ward thanked public safety for helping and stressed the importance of Global warming and climate change. She announced Hispanic Heritage Month on September 28th. She also announced that the 4th 7  Wards Community Meeting will be announced at the next meeting. She also thanked Rana Pullins for the NPP Block Party. 7. Councilwoman Fauntleroy wished a happy birthday to Alberta Daniels, mother of Carol Clark. 8. Chairman Pullins stated to the administration that, moving forward, all directors need to be present for Council meetings. He thanked members of the public, directors, Mr. Johnson, Mr. Eismeier, our legal team, and City Council members for appearing in tonight' s meeting. XII. ADJOURNMENT There being no further business, Councilwoman Lewis moved to ad' ourn. The stion was seconded by Councilwoman Fauntleroy and the meeting wa Jo at 7: 25 ' M. id t 41, 41040 Justin R. Brown n Pullins Deputy City Clerk Ci • uncil Chai :