City Council

City of Passaic New Jersey Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Amada D. Curling, City Clerk read the following notice into record: 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 23, 2020 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2020- 2021, SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK PLEASE BE FURTHER ADVISED DUE TO COVID-19 THIS MEETING WILL BE VIRTUAL STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON NOVEMBER 30, 2020 ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE IN THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ALSO PRESENT: Hector C. Lora, Mayor; Christian Hibinski, Esq., City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. MINUTES Council Meeting Minutes for November 24, 2020 submitted for approval. Upon motion made by Council Member Garcia and seconded by Council Member Melo the aforementioned meeting minutes were approved. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK MAYOR’S UPDATE Mayor Hector C. Lora updated the council and residents on the following:  Updated the City Council on the most recent COVID- 19 numbers  Hospitalizations due to COVID -19 are up  Vaccines will be available to the state of NJ, and the City of Passaic has been selected to provide vaccines to the public.  COVID 19 testing is available now seven days a week in the city of Passaic  Encouraging all residents to continue to social distance and wear mask  Many businesses are suffering- Local government stands with them and will assisting them in finding assistance  The city is distributing toys to families in need  This year celebration will be different; therefore, The city will hold a virtual Hanukkah menorah lighting and Parade of Lights  Thanks to Assemblyman Schear, who facilitated people with cosmetology licenses for another county to be able to legally work in this country as they acquire their license in this country 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. Page 2 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK After ample opportunity given and no one else responding on a motion by Council Member Love and seconded by Council Member Garcia the public portion of the meeting was adjourned. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ORDINANCES FOR SECOND AND FINAL READING (PUBLIC HEARING REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2284-20 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 ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Council Member Melo moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Love and adopted upon a call of the roll. Page 3 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel COMMUNICATIONS AND PETITIONS: 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 communication was received placed on file and approval granted Hector C. Lora, Mayor, submitting the following:  City of Passaic –Proclamation entitled “City Of Passaic School Choice Week”  Memorandum re: Fire Department Promotions Personnel Actions- December 2020 City Of Passaic Municipal Court submitting their Monthly Report- October 2020 Passaic County Board Of Chosen Freeholders, Submitting Notice Of Open Public Sale At Auction Thursday, December 3, 2020 At 1:00 PM North Jersey District Water Supply Commission submitting the following:  Notice of their October 28, 2020 virtual meeting.  Notice and Agenda of their October 28, 2020 meeting.  Minutes of their September 23, 2020 meeting  Minutes of their October 28, 2020 meeting  Notice of their November 18, 2020 meeting revision.  Notice and Agenda of their November 18, 2020 meeting. Page 4 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK Passaic Valley Water Commission, submitting the following:  Minutes of their September 9, 2020 meeting  Minutes of their October 14, 2020 meeting  Notice rescheduling November 11, 2020 meeting to Thursday, November 12, 2020 at 9:30 A.M.  Agenda of their November 12, 2020 meeting  Audit Report year ending December 31, 2019 Department of Environmental Protection :  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 20-10-30-1052-51  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 20-11-18-0906-22  P E R M I T- United Scrap Metal And Iron Co. Permit No. 1607-14-0002.2 Lup200001  Suspected Hazardous Substance Discharge Notification NJDEP Case Number: 20-11-29-1010-47 Zoning Board of the City of Passaic, submitting the following:  Agenda of their November 10, 2020 meeting  Notice cancelling November 24, 2020 meeting  Minutes of their October 13, 2020 meeting Planning Board of the City of Passaic, submitting the following:  Notice of their October 7, 2020 meeting  Agenda of their October 7, 2020 meeting  Minutes of their Octobers 14, 2020 meeting  Meeting dates for the calendar year 2021 Redevelopment Agency of the City of Passaic, submitting notice cancelling their November 12, 2020 meeting. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 5 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK On a motion by Council Member Garcia and seconded by Council Member Melo the following communication was received placed on file and approval granted Passaic Board of Education, submitting the following:  Notice of their November 23, 2020 public meeting Passaic Arts and Science Charter Schools, submitting notice of their meeting dates for August 2020 to June 2021. ROLL CALL (VIA ZOOM) AYES: Munk Melo Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: Patel RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON DECEMBER 8, 2020 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 Garcia the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION#_20-12-366 RESOLUTION AUTHORIZING REFUND OF TAX OVERPAYMENTS RESULTING FROM TAX COURT JUDGMENTS Page 6 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, the Tax Court of New Jersey based on judgments from a rendered decision entered on 11/20/2020 for Block: 1292.01 Lot 12, also known as 40-46 Elliot St. Passaic, NJ, property owner: Weingarten, Neil & Chana. The judgment entered reduced the assessed value on the property by 101,000 for tax years 2019 & 2020. WHEREAS, the above-mentioned property, based on same judgments entered from the Tax Court of New Jersey, have overpaid their taxes for tax year 2019 & 2020. 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 REFUND DUE YEAR 1292.01/12 40-46 Elliot St. Weingarten, Neil & Chana 2019 $3,713.77 2020 $3,768.31 Total Refund $7,482.08 CITY OF PASSAIC RESOLUTION NO. 20-12-367 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE NEW JERSEY DEPARTMENT OF TRANSPORTATION MUNICIPAL AID GRANT PROGRAM AWARD WHEREAS, the City of Passaic has applied for grant funding through the Municipal Aid Grant Program (“Program”) being offered through the New Jersey Department of Transportation (“NJDOT”); and WHEREAS, the purpose of the Program is to provide funding to municipalities for local transportation improvement projects, including but not limited to, road improvement projects, road resurfacing projects, road rehabilitation projects, road reconstruction and signalization, and bridge improvements; and Page 7 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, the City of Passaic has been awarded grant funding from the NJDOT in the total amount of $754,435.00 to be used for various street improvements; and WHEREAS, the City of Passaic wishes to accept the maximum grant award being allotted through this Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the grant award from the application identified as MA-2021-Various Streets-00364 from the New Jersey Department of Transportation Municipal Aid Grant Program in the total amount of $754,435.00, subject to the terms and conditions set forth in the grant guidance attached hereto; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and City Engineer are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate receipt of these funds. CITY OF PASSAIC RESOLUTION NO. 20-12-368 RESOLUTION AUTHORIZING THE ACCEPTANCE OF NEW JERSEY DIVISION OF CRIMINAL JUSTICE STATE BODY ARMOR REPLACEMENT FUND GRANT PROGRAM AWARD(S) WHEREAS, the City of Passaic Police Department has applied for grant funding through the State Body Armor Replacement Fund Program (“Program”) being offered through the New Jersey Division of Criminal Justice (“DCJ”); and WHEREAS, the purpose of the Program is to support the purchase of ballistic-resistant or stab-resistant body armor to replace worn or expired body armor used by municipal or county law enforcement agencies; and Page 8 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, the City of Passaic has been awarded grant funding in the amount of $31,546.06 for the 2019 fiscal year; and WHEREAS, the City of Passaic has been awarded grant funding in the amount of $3,600.00 for the 2020 fiscal year; and WHEREAS, the City of Passaic wishes to accept the maximum grant award(s) being allotted through this Program for fiscal years 2019 and 2020 prior to the expiration date(s). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic Police Department is hereby authorized to accept all eligible grant awards from the New Jersey Division of Criminal Justice State Body Armor Replacement Fund Program for the fiscal years of 2019 and 2020, subject to the terms and conditions set forth in the grant guidance attached hereto; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and Police Department are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate receipt of these funds. CITY OF PASSAIC RESOLUTION #20-12- 369 RESOLUTION TO AMEND CY2020 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) PATRICK LEAHY BULLET PROOF VEST 2020 - $3,600.00 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and Page 9 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2020 as follows: Patrick Leahy Bullet Proof Vest 2020 - $3,600.00 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: Patrick Leahy Bullet Proof Vest 2020 - $3,600.00 Account #G-02-40-020-PLV-000 CITY OF PASSAIC RESOLUTION #20-12-370 RESOLUTION TO AMEND CY2020 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) PATRICK LEAHY BULLET PROOF VEST 2019 - $31,546.06 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2020 as follows: Patrick Leahy Bullet Proof Vest 2019 - $31,546.06 Page 10 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: Patrick Leahy Bullet Proof Vest 2019 - $31,546.06 Account #G-02-40-020-PLB-000 CITY OF PASSAIC RESOLUTION #20-12-371 RESOLUTION TO AMEND CY2020 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) COUNTY CARES ACT GRANT - ADDITIONAL $1,500,000 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2020 as follows: County CARES Act Grant - Additional $1,500,000 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: County CARES Act Grant – Additional $1,500,000 Account #G-02-40-020-CCA-000 Page 11 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION #20-12-372 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2020 FORD UTILITY INTERCEPTOR VEHICLE HUMAN SERVICES WHEREAS, the City of Passaic wishes to purchase One (1) 2020 Ford Utility Interceptor Vehicle – Human Services; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under a Cooperative Pricing System/NJ State Contract without the necessity for public bidding; and WHEREAS, this vehicle is offered under the New Jersey State Contract # 88728 as follows: One (1) 2020 Ford Utility Interceptor Vehicle $ 30,344.00 Options: (Attached) 3,158.00 Total $ 33,502.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Winner Ford, Cherry Hill, NJ in the amount of $ 33,502.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by Corporation Counsel. CERTIFICATION OF FUNDS Funds for the above are available in Account #0-01-27- 330-HMS-051 Page 12 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION#20-12-373 RESOLUTION AWARDING CONTRACT FOR SNOW PLOWING/ REMOVAL SERVICES 2020-2021 CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Tuesday, November 17, 2020 for Snow Plowing/Removal Services 2020-2021; and WHEREAS, bids were received as per the attached summary: WHEREAS, in addition to the attached specifications were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted bids: TTL Services Source Mngt. Bid Net Construction Journal Paramus, NJ Seattle, WA Latham, NY Stuart, FL WHEREAS, Doris Dudek, Director of Purchasing recommends that a contract be awarded to Super LLC, Haledon, NJ for the following truck classes on an as needed basis; and Truck Class Hourly Rate Class A: 26,000 lbs. & over GVW $170.00/hr. Class B: 20,000 lbs. to 25,999 GVW $150.00/hr. Class C: 6,500 lbs. to 19,999 $120.00/hr. Class D: Small 4 wheel drive vehicles $110.00/hr. Class E: Front Loader minimum 3yd bucket $220.00/hr. 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 $25,000.00 commencing December 1, 2020 to through April 15, 2021; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Snow Page 13 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK Plowing/Removal Services be awarded to Super, LLC of Haledon, 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 $25,000.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Public Works Acct. #0-01-26-290-000-028 and funds for subsequent budget is available providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION #20-12-374 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR PYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM WHEREAS, on December 17, 2019 the City Council of the City of Passaic adopted Resolution #19-12-365 (Attached), approving a contract with Dr. Nirmal Trivedi for Physician Services for Substance Abuse Treatment Program in an amount not to exceed $ 48,000.00; and WHEREAS, it is necessary to increase the contract amount by an additional $ 15,700.00 for additional sessions for a revised total amount of $ 63,700.00. NOW, THEREFORE, BE IT RESOLVED that the contract with Dr. Nirmal Trivedi for Physician Services for Substance Abuse Treatment Program shall be increased by an additional $15,700.00 for a revised total amount of $ 63,700.00. Page 14 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK BE IT FURTHER RESOLVED that the City of Passaic is hereby authorized to execute this amendment on a form approved by the City Attorney and that this amendment be filed in the City Clerk’s Office. CERTIFICATION OF FUNDS Funds for the above are available in Account #T-03-56-330- 3SU-MAP. CITY OF PASSAIC RESOLUTION #20-12-375 RESOLUTION AWARDING CONTRACT FOR TAX APPEAL APPRAISER CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Friday, November 13, 2020 for Tax Appeal Appraiser; 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 from the attached vendors: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals: Stirling Disanto & Assoc. Associated Appraisal Group Somerville, NJ Cranford, NJ WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Tax Appeal Appraiser be awarded to McNerney & Associates, of Glen Rock, NJ at an hourly rate of $ 100.00 in an amount not to exceed Page 15 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK $ 40,000.00 for the period January 1, 2021 through December 31, 2021. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Tax Appeal Appraiser be awarded to McNerney & Associates, of Glen Rock, NJ at an hourly rate of $ 100.00 in an amount not to exceed $ 40,000.00 for the period January 1, 2021 through December 31, 2021. 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 governing body approving CY 20 Budget-Tax Assessor Professional, Consultant –Acct. #1-01-20-150-000-119. CITY OF PASSAIC RESOLUTION NO. 20-12-376 RESOLUTION AUTHORIZING THE EMERGENCY PURCHASE OF FOUR (4) DIESEL LIGHT TOWERS FROM TRAFFIC SAFETY SERVICE FOR THE COVID 19 TEST SITE & FOOD DISTRIBUTION SITE WHEREAS, on March 9, 2020 the State of New Jersey issued Executive Order #103 declaring a State of Emergency and a Public Health Emergency to Mitigate the spread of Covid-19; and WHEREAS, emergency purchases and contracts may be negotiated and awarded without public advertising for bids pursuant to N.J.S.A. 40A:11-6; and WHEREAS, the City of Passaic offers evening hours for the Covid Test Site and Food Distribution Site; and Page 16 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, for the safety of the employees and public, additional lighting is needed in these areas; and WHEREAS, the City of Passaic wishes to purchase four (4) Diesel Light Towers for the Covid 19 Test Site and Food Distribution Site from Traffic Safety Services, LLC of South Plainfield ; and WHEREAS, Traffic Safety Service of South Plainfield, NJ has been contracted to provide Four (4) Diesel Light Towers @ $8,900.00/ea for a total amount of $35,600.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract to provide Four (4) Diesel Light Towers for a total amount of $35,600.00 to Traffic Safety Service of South Plainfield, NJ is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02-40-020- CCA-020. CITY OF PASSAIC RESOLUTION NO. 20-12-377 RESOLUTION APPROVING EMERGENCY DISINFECTION AND DEEP CLEANING OF VARIOUS CITY OF PASSAIC BUILDINGS WHEREAS, on March 9, 2020 the State of New Jersey issued Executive Order #103 declaring a State of Emergency and A Public Health Emergency to Mitigate the spread of Covid-19; 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 Page 17 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, it is the determination of Health Officer, John Biegel that this pandemic posed a serious Public health Emergency; and WHEREAS, it is necessary to perform disinfection and deep cleaning of various City of Passaic buildings to mitigate the spread of Covid-19; and WHEREAS, ServPro of East Brunswick was contracted to perform emergency disinfection and deep cleaning of the following City of Passaic buildings: 41 Myrtle Avenue, Police, City Hall and Seniors for a total cost of $ 38,200.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to ServPro of East Brunswick in the amount of $ 38,200.00 is hereby authorized. CERTIFICATION OF FUNDS Funds for the above are available in Account #G-02-40-020- CCA-020. CITY OF PASSAIC RESOLUTION # 20-12-378 RESOLUTION AWARDING CONTRACT FOR PUBLIC RELATIONS AND MARKETING SERVICES CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Wednesday, November 18, 2020 for Public Relations and Marketing Services; and WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, proposals were received as per the attached: Page 18 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website by the following vendors, none of whom submitted proposals. Bid Ocean The Fugone Group Xenophon Strategies Grand Junction, CO Parsippany, NJ Washington, DC SG & W Integrated Enroute Communications Mojjo Collaborative Montville, NJ Brentwood, NY New Providence, NJ BLJ Worldwide Diversity Consulting Group O’Dwyer Co. New York, NY Santa Barbara, CA New York, NY List Partners Atlanta, GA WHEREAS, it is the recommendation of the evaluation committee that the contract for Public Relations & Marketing Services be awarded to Catania Consulting Group, Inc., of North Haledon, NJ in the amount of $ 35,000.00 for the period January 1, 2021 through December 31, 2021. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Public Relations & Marketing Services be awarded to Catania Consulting Group, Inc. of North Haledon, NJ in the amount of $ 35,000.00 for the period January 1, 2021 through December 31, 2021. 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 2021 Budget being approved by the Governing Body- Account #1-01-20-110-000-029. Page 19 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION #20-12-379 RESOLUTION AWARDING CONTRACT FOR AUDITING SERVICES CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on Tuesday, November 10, 2020 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, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Onvia BidNet Seattle, KS Latham, NY WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Auditing Services, City of Passaic be awarded to Lerch Vinci & Higgins of Fairlawn, NJ for the following services; $70,000.00 for Statutory Annual Audit of the City’s Financial Statements $10,00.00.00 for Audit of the Financial Statements of the Sewer Utility $ 20,000.00 for Bond Sales $ 7,500.00 for Bond Anticipation Note Sales $ 1,500.00 for Market Disclosure Documents WHEREAS, this contract shall commence on January 1, 2021 through December 31, 2021. 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 & Higgins of Fairlawn, NJ as per the above noted amounts Page 20 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK for the period January 1, 2021 through December 31, 2021. 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 Governing Body approving CY 21 Budget Audit Professional, Consultant, Special Services, Acct. #1-01-20-135-000-028 and Sewer Utility, Acct. #1-07-55-502-000-020. CITY OF PASSAIC RESOLUTION #20-12-380 RESOLUTION AWARDING CONTRACT FOR PEDIATRIC PHYSICIAN SERVICES WHEREAS, proposals were received by the Director of Purchasing on Friday, November 13, 2020 for Pediatric Physician Services; and WHEREAS, the Health Division in the City of Passaic, is mandated by the State of NJ to provide Pediatric Physician Services for their child health clinic; 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 from the attached list of vendors: WHEREAS, it is the recommendation of Evaluation Committee, that Dr. Tadeusz Jedlinski, 50 Mt. Prospect Avenue, Clifton, NJ and Dr. Rodulfo Moises, a member of Allwood Pediatrics, 1040 Clifton Avenue, Clifton, NJ be awarded the contract at a cost of $ 85.00/hr. for each Page 21 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK pediatrician at a total cost not to exceed $60,000.00 inclusive of both pediatricians for the period January 1, 2021 through December 31, 2021. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that a contract for Pediatric Physician Services be awarded to Dr. Jedlinski, and Dr. Rodulfo Moises, a member of Allwood Pediatrics at a cost of $85.00/hour for each pediatrician, at a total cost not to exceed $60,000.00 inclusive of both pediatricians for the period January 1, 2021 through December 31, 2021. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute a contract for the above services on a form prepared by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon Governing Body approving CY 2021 Budget Account #1-01-27- 330-000-029. CITY OF PASSAIC RESOLUTION #20-12-381 RESOLUTION AWARDING CONTRACT FOR BOND COUNSEL WHEREAS, proposals were received by the Director of Purchasing on Tuesday, November 12, 2020 for Bond Counsel; 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 from the attached list of vendors: and Page 22 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, in addition to the attached, specifications were downloaded from the City of Passaic’s website from the following vendors, none of whom submitted proposals: JP Capizzi, LLC Seven Out Source Onvia West New York, NJ Newark, DE Seattle, WA WHEREAS, it is the recommendation of the Evaluation Committee that the contract for Bond Counsel be awarded to Waters, McPherson, McNeill, Secaucus, NJ in an amount not to exceed $ 35,000.00 as per their fee schedule for the period January 1, 2021 through December 31, 2021. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Bond Counsel be awarded to Waters, McPherson, McNeill, Secaucus, NJ in an amount not to exceed $ 35,000.00 for the period January 1, 2021 through December 31, 2021. 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 governing body approval funds will be available in the CY 2020 General and Sewer Capital Appropriations. CITY OF PASSAIC RESOLUTION NO._20-12-382 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE NEW JERSEY LAW AND PUBLIC SAFETY STATIONHOUSE ADJUSTMENT SUPPORT INITIATIVE GRANT PROGRAM AWARD 2020 WHEREAS, the City of Passaic has applied for grant funding through the Stationhouse Adjustment Support Initiative Grant Program (“Program”) being offered through Page 23 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK the New Jersey Department of Law and Public Safety (“LPS”); and WHEREAS, the purpose of the Program is to provide immediate, short-term sanctions and/or services for low- level juvenile offenders as part of the stationhouse adjustment process; and WHEREAS, the City of Passaic has been awarded grant funding from the LPS in the amount of $35,462.00; and WHEREAS, the City of Passaic wishes to accept the maximum grant award being allotted through this Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to accept the grant award from the New Jersey Law and Public Safety Stationhouse Adjustment Support Initiative Grant Program in the amount of $35,462.00, subject to the terms and conditions set forth in the grant guidance attached hereto; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate receipt of these funds. CITY OF PASSAIC RESOLUTION #20-12-383 RESOLUTION TO AMEND CY2020 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) STATION HOUSE ADJUSTMENT 2021 $35,462 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and Page 24 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2020 as follows: Station House Adjustment 2021 $35,462 BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: Station House Adjustment 2021 $35,462 Account #G-02-40-020-STH-000 CITY OF PASSAIC RESOLUTION #20-12-384 RESOLUTION TO AMEND CY2020 MUNICIPAL BUDGET (N.J.S.A. 40A:4-87) NJ DOT 2021 - VARIOUS STREETS $754,435 WHEREAS, N. J.S.A. 40A:4-87 provides that the Director of the Division of Local Finance may approve the insertion of any special item been made available by law and the amount thereof was not determined at time of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic hereby request the Director of the Division of Local Finance to approve the insertion of an item of revenue in the budget of the CY2020 as follows: NJ DOT 2021 - Various Streets $754,435 Page 25 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK BE IT FURTHER RESOLVED, that a like sum be and that same is hereby appropriated as follows: NJ DOT 2021 - Various Streets $754,435 Account #G-02-40-020-DOT-000 CITY OF PASSAIC RESOLUTION NO._20-12-385 RESOLUTION AUTHORIZING COVID-19 SPECIAL EMERGENCY APPROPRIATION APPLICATION AND CERTIFICATION OF CHIEF FINANCIAL OFFICER WHEREAS, the City of Passaic has experienced COVID- 19 related revenue loss during the budget year 2020; and WHEREAS, P.L. 2020, c. 74 provides for the funding of these revenue losses through a COVID-19 Special Emergency; and WHEREAS, in order to qualify for a special emergency under the provisions of N.J.S.A. 40A: 4-53, as amended by P.L.2020, c. 74, the City must make an application to the Director of the Division of Local Government Services to obtain an approval of the certification of the special emergency and the resulting deferred charge in advance of the close of budget year 2020; and WHEREAS, the City has received an extension to submit the required Certification to the Director of the Division of Local Government Services by December 9, 2020; and WHEREAS, the Chief Financial Officer has determined that there is an operational gap attributable to COVID - 19 affected revenue loss which needs to be addressed prior to year-end. NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Passaic (by not less than a majority vote of the full governing body members affirmatively Page 26 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK concurring), in accordance with the provisions of N.J.S.A 40A:4-53, as amended by P.L. 2020, c. 74, as follows: 1. The Chief Financial Officer is directed to submit an application to the Division Director on the prescribed form and shall certify that the deficits in revenue are directly attributable to COVID-19. 2. The Chief Financial Officer has submitted said certification to the governing body for approval (attached to this resolution). 3. The City Council by approval of this resolution approves the certification made by the Chief Financial Officer related to COVID-19 Special Emergency. 4. The City Council directs the Chief Financial Officer, the Auditor and Bond Counsel to prepare the Ordinance and Resolution for Special Emergency COVID-19 related revenue deficit pursuant to statute and regulations resulting from P.L.2020, c. 74. 5. That two (2) certified copies of this resolution will be filed with the Director of the Division of Local Government Services. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION Page 27 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 20-12-364 RESOLUTION RE-APPOINTING MEMBER TO THE PASSAIC HOUSING AUTHORITY (BEATRICE JOHNSON) BE IT RESOLVED by the City Council of the City of Passaic that the City Council hereby re-appoint the following Commissioner: Name Address Beatrice M. Johnson 202 Sixth Street Apt. 2-B As a Commissioner to the Housing Authority of the City of Passaic for a five year term to commence immediately and to expire on September 9, 2025. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel 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. 20-12-365 RESOLUTION RE-APPOINTING MEMBER TO THE PASSAIC PARKING AUTHORITY (TIFFANY ALLEN) BE IT RESOLVED by the City Council of the City of Passaic that the City Council hereby re-appoints: Name Address Tiffany K. Allen 15 Federal Street, Passaic, New Jersey As a Commissioner of the City of Passaic Parking Authority for a five year term to begin immediately and to expire on September 12, 2025. Page 28 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ORDINANCE FOR INTRODUCTION AND FIRST READING: Council President Schaer read said Ordinance by title. CITY OF PASSAIC ORDINANCE NO.2285-20 ORDINANCE OF THE CITY OF PASSAIC, IN THE COUNTY OF PASSAIC, STATE OF NEW JERSEY, PROVIDING FOR A SPECIAL EMERGENCY APPROPRIATION PURSUANT TO N.J.S.A. 40A:4- 53(M) TO FUND A DEFICIT IN OPERATIONS OF THE CITY DIRECTLY ATTRIBUTABLE TO COVID-19 WHICH IS ANTICIPATED TO BE EXPERIENCED BY THE CITY IN THE CURRENT 2020 FISCAL YEAR WHEREAS, the Governor of the State of New Jersey (the “State”) has heretofore declared a public health emergency pursuant to the Emergency Health Powers Act, P.L. 2005, c. 222, and a state of emergency pursuant to P.L. 1942, c. 251, in response to the outbreak of the coronavirus as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China (“COVID-19); and WHEREAS, N.J.S.A. 40A:4-53(m) provides that a municipality may, subject to the approval of the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs (the “Director”), adopt an ordinance providing for a special emergency appropriation for the funding of a deficit in operations incurred by the City directly attributable to COVID-19; and WHEREAS, the City of Passaic has experienced approximately $2,200,000 in COVID-19 related revenue losses during the 2020 budget year; and Page 29 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK WHEREAS, in order to qualify for a special emergency under the provisions of N.J.S.A. 40A:4-53, as amended by P.L. 2020, c.74, the City must make an application to the Director to obtain an approval of the certification of the special emergency and the resulting deferred charge in advance of the close of the 2020 budget year; and WHEREAS, the City has received an extension to submit the required Certification to the Director of the Division of Local Government Services by December 9, 2020; and WHEREAS, the Chief Financial Officer of the City has prepared and executed a certification in the form prescribed by the Director, a copy of which has been presented at this meeting, certifying that the deficit balances anticipated to be reported on the City’s annual financial statement for the current fiscal year in an amount equal to $1,500,000 in the Current Fund and $700,000 in the Sewer Utility Fund; and WHEREAS, the City Council, by resolution adopted on December 8, 2020, by a majority of the full governing body, approved the certification and the submission of the application to the Director in accordance with N.J.S.A. 40A:4-53(m); and WHEREAS, the City Council now wishes to make a special emergency appropriation in accordance with N.J.S.A. 40A:4- 53(m) and adopt an ordinance authorizing such special emergency appropriation in the amount of $2,200,000, consisting of $1,500,000 in the Current Fund and $700,000 in the Sewer Utility Fund to provide for the funding of such deficit balances. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE GOVERNING BODY OF THE CITY OF PASSAIC, IN THE COUNTY OF PASSAIC, STATE OF NEW JERSEY, AS FOLLOWS: SECTION I Pursuant to N.J.S.A. 40A:4-53(m), the City has determined and does hereby authorize a special emergency appropriation in the amount of $2,200,000, consisting of Page 30 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK $1,500,000 in the Current Fund and $700,000 in the Sewer Utility Fund, subject to the approval of the Director. SECTION II The portion of the authorization financed shall be provided for in succeeding budgets by inclusion of at least one-fifth (1/5) of the amount authorized by this ordinance beginning in the year after the year in which the resulting deferred charge appears in the City’s unaudited financial statements, as provided by N.J.S.A 40A:4-55. Thus, the deferred charge resulting from the special emergency in 2020 will not be budgeted in 2021, but rather one-fifth (1/5) of the amount will be budgeted in the 2022 through 2026 annual budgets. SECTION III The Mayor and Chief Financial Officer are each hereby authorized and directed to determine all matters in connection with the special emergency appropriation not determined by this or a subsequent ordinance, all in consultation with the City Attorney or Bond Counsel, and the manual or facsimile signature of the Mayor or Chief Financial Officer upon any documents shall be conclusive as to all such determinations. SECTION IV A certified copy of this ordinance shall be filed with the Director of the Division of Local Government Services, New Jersey Department of Community Affairs (“the Director”). SECTION V This ordinance is subject to the approval of the Director and shall take effect upon final passage and publication, as required by law; provided that the approval of the Director has been obtained. Council Member Schwartz moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on December 17, 2020. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel Page 31 of 32 Passaic City Council December 8, 2020 Minutes MEETING WAS CONDUCTED AS A ZOOM LIVE STREAM VIA FACEBOOK 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 (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ADMINISTRATOR’S REPORT Ricardo Fernandez thanked everyone for their prayers and condolences on the Passing of his grandfather MAYOR’S REPORT  Mayor Lora encouraged all residents to continue to wear a mask and social distance. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Garcia the meeting was adjourned at 8:21 p.m. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Schwartz Garcia CP Schaer ABSENT: Patel ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 32 of 32