City Council

City of Passaic New Jersey Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ON THURSDAY, JANUARY 13, 2022 AT 7:00 P.M. 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 22, 2021 SETTING FORTH THE SCHEDULE OF REGULAR MEETINGS FOR THE YEAR 2021- 2022, 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 VIRTUALLY STREAMED. PUBLIC NOTICE AND INSTRUCTIONS FOR THIS MEETING WAS PUBLISHED IN THE HERALD NEWS AND POSTED ON DECEMBER 21, 2021 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 Patel Schwartz CP Schaer ABSENT: Garcia ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; Peter Perla, Esq., Susie Burns Vaughn, Esq., Christian Higgins, Esq., City Attorneys Invocation was rendered by Council Member Melo, followed by the Pledge of Allegiance. Council Member Garcia joined the meeting MAYOR’S UPDATE Mayor Hector C. Lora updated the council and residents on the following:  COVID statistics from March 2020 to date:  12,542 tested positive for Covid-19; of those there were 309 deaths; no deaths since June 2021.  Passaic residents vaccinated: Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK  5 years 82% at least one shot  12 years and over: 93  18 and over: 94  65 and over: 100%  Free Covid testing are available every Thursdays from 10am-3pm at 333 Passaic Street and vaccines on Wednesdays from 10-3 at 390 Paulison Avenue. Testing and vaccinations are also available at 122 8th street.  Food distribution continues on Wednesdays from 12:30- pm. Volunteers are needed. PRESENTATION: Certificate of Recognition for “Outstanding Passaic Resident” was awarded to Angel Hernandez for his assistants to displaced residents of a fire on December 26, 2021. 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. After ample opportunity given and no one else responding on a motion by Council Member Schwartz and seconded by Council Member Garcia the public portion of the meeting was adjourned. Page 2 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: 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. 2330-21 AMENDING ORDINANCE #2034-15 REGARDING RATES FOR THE SANITARY WASTE WATER COLLECTION SYSTEM (tabled at the Council meeting of December 21, 2021) Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Schwartz and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Council Member Love moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Page 3 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2332-21 AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER Council Member Love moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Council Member Garcia moved the ordinance be adopted on second reading and final passage which motion was seconded by Council President Schaer and adopted upon a call of the roll. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Council President Schaer called up for the second and final reading Ordinance entitled: Page 4 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC ORDINANCE NO. 2333-21 AMENDING CITY CODE OF THE CITY OF PASSAIC, CHAPTER 317, “ZONING,” ARTICLE II, “GENERAL PROVISIONS,” SECTION 8, “PRINICPAL STRUCTURES AND USES; ACCESSORY STRUCTURES” Council Member Schwartz moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: After ample opportunity given and no one else responding, on a motion by Council Member Love and seconded by Council Member Melo the public portion of the meeting was closed ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Council Member Garcia 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. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: 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 communications and petitions were received placed on file and approval granted Page 5 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Millennium Strategies submitting their December 2021 report Copies of Environmental Remediation Projects submitted to New Jersey Department of Environmental Protection:  125 South St LLC, submitting copy of the application submitted to the NJDEP, Div. of Land Resource Protection for the development of the proposed Project (Plan available in the office of the City Clerk)  Northrop Grumman Re: 270 Passaic Avenue NJDEP No. 005612 New Jersey Department of Environmental Protection submitting the following:  Suspected Hazardous substance discharge Notification Case No. 21-12-15-2200-37  Permit No. 1607*05*0002.2LUP210001;Block 1326 Lots 6 & 19 North Jersey District Water Supply Commission submitting the following:  Adopted 2022 NJD Water Supply Commission Budget  Annual Meeting Notice  Minutes of their November 17, 2021 meeting Passaic Valley Water Commission submitting the following:  Report of the Audit for ye years ended December 31, 2020 and 2019 (binder filed in the City Clerk’s office)  Meeting Agenda Notice December 16, 2021 Hector C. Lora, Mayor, submitting the following:  Planning Bd. Comm. Appointment Class IV; Kelawon- Cuello Term to expire June 30, 2025 Pamela Mitchell, Passaic Housing Authority Director, submitting: Comm. Beatrice Johnson resignation letter ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: Page 6 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK On a motion by Council Member Schwartz and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted City of Passaic Board of Education submitting; Notice of meeting changed to December 21, 2021 ROLL CALL (VIA ZOOM) AYES: Munk Melo Patel Schwartz Garcia CP Schaer ABSTAIN: Love ABSENT: RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 13, 2022 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 President Schaer the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 22-01-001 RESOLUTION AWARDING CHRISTOPHER COLUMBUS PARK PARKING IMPROVEMENTS CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Tuesday, December 14, 2021 for Christopher Columbus Park Parking Improvement; and WHEREAS, bids were received as per the attached; and Page 7 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, in addition to the attached, bids were picked up by the following, none of whom submitted bids: Nadar Group, LLC Cut Rate Landscapers, LLC Construction connect Hackettstown, NJ Morristown, NJ Cincinnati, OH Onvia Construction Journal Prime vendor Seattle, WA Stuart, FL Wilmington, NC Suburban Consulting Engineer’s Inc Flanders, NJ WHEREAS, the lowest responsible, responsive bid was received from Your Way Construction, Irvington, NJ in the amount of $175,802.30; and WHEREAS, it is the recommendation of Joe Golden, City Engineer that the contract for Christopher Columbus Park Parking Improvement be awarded to Your Way Construction, Irvington, NJ in the amount of $175,802.30. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Christopher Columbus Park Parking Improvement be awarded to Your Way Construction, Irvington, NJ in the amount of $175,802.30. CERTIFICATION OF FUNDS Funds for the above are available in Capital Outlay -Acct # C-04-55-983-020-9RD. CITY OF PASSAIC RESOLUTION NO. 22-01-002 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO PARTICIPATE IN COOPERATIVE PRICING AGREEMENT THROUGH THE NATIONAL COOPERATIVE PURCHASING AGREEMENT WHEREAS, the City of Passaic wishes to participate in a cooperative pricing agreement for the purchase of Page 8 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK goods and services through the National Cooperative Purchasing Agreement; and WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into a Cooperative Purchasing Agreement with another public entity; and WHEREAS, the National Cooperation Purchasing Agreement will serve as lead agency approved by the Division of Local Government Services and has offered to the City of Passaic voluntary participation in their Cooperative Pricing Agreement for the purchase of goods and services; and WHEREAS, the Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Laws (N.J.S.A.40A:11-1 et seq.) and all other provisions of the statutes of the State of New Jersey; and WHEREAS, this participation will be at no cost to the City of Passaic. NOW, THEREFORE BE IT RESOLVED that the City of Passaic enter into a voluntary Cooperative Pricing Agreement with the National Cooperative Purchasing Agreement which will serve as the Lead Agency for the purchase of goods and services. CITY OF PASSAIC RESOLUTION NO. 22-01-003 RESOLUTION REJECTING PROPOSALS FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH EVENING SESSIONS WHEREAS, proposals were received by the Purchasing Department on Thursday, November 30, 2021 for Municipal Court Interpreter, Spanish/English, Evening Sessions; and Page 9 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the proposals were solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq; and WHEREAS, a proposal was received as per the attached: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Languages Line Services, LLC Seven Outsource Source Management Monterey, CA Newark, DE Seattle, WA Vancro Clayton, NC WHEREAS, the only bidder was deemed non-responsive as they did not comply with the requirements of the proposal as per 40A:11-13.2 WHEREAS, it is the recommendation of Doris Dudek, Director of Purchasing, that this bid be rejected and re- advertised. CITY OF PASSAIC RESOLUTION NO. 22-01-004 RESOLUTION AWARDING CONTRACT FOR MUNICIPAL COURT INTERPRETER – SPANISH/ENGLISH EVENING SESSIONS WHEREAS, proposals were received by the Purchasing Department on Thursday, December 16, 2021 for Municipal Court Interpreter, Spanish/English, Evening Sessions; 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 Page 10 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, a proposal was received as per the attached: WHEREAS, in addition to the attached, proposals were downloaded from the City of Passaic’s website, none of whom submitted proposals: Languages Line Services, LLC Source Management Jersey City, NJ Seattle, WA North American Procurement Council, Inc Grand Junction Colorado WHEREAS, the interpreter must be certified with the Administrative Office of the Courts to perform interpreting services; and WHEREAS, it is the recommendation of the Evaluation Committee, that the contract for Municipal Court Interpreter Spanish/English – Evening Sessions be awarded to Yonny Gomez, of Clifton, NJ in the amount of $ 200.00 per session with a not to exceed amount of $ 20,738.30; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Municipal Court Interpreter Spanish/English- Morning and Afternoon Sessions be awarded to Yonny Gomez, of Clifton, NJ in the amount of $200.00 per session with a not to exceed amount of $ 20,738.30; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form prepared by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available contingent upon CY 21 Budget being approved by the Governing Body -Municipal Court, Acct. #2-01-43-490-000-029. Page 11 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 22-01-005 RESOLUTION AUTHORIZING CANCELLATION OF SMALL BALANCES WHEREAS, in accordance with N.J.S.A. 40A:5-171 a municipal governing body may adopt a resolution designating a municipal employee, on its behalf, to process or cancel property tax refunds under ten dollars and/or cancel any property tax delinquencies under ten dollars. WHEREAS, the enactment of P.L. 2013.c.54 has expanded the scope of this statute to encompass any delinquent charges or fees imposed by the municipality so long as the delinquency is less than ten dollars. WHEREAS, the cancellation of small balances will prevent those properties with such small delinquencies from going to tax sale and having additional interest and penalties imposed; And to further avoid any hardship that would otherwise be imposed on residents with such small delinquencies of less than ten dollars. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 40A:5-171 the Council hereby directs, that the Tax Collector is hereby authorized to process or cancel any small balances of less than ten dollars. CITY OF PASSAIC RESOLUTION NO. 22-01-006 RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES. Page 12 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, New Jersey property taxes are a continuous lien on the real estate. Property taxes are due in four installments during the tax year: February 1, May 1, August 1, and November 1. in accordance with N.J.S.A. 54:4-67 The governing body shall fix, by resolution, the rate of interest to be charged for the nonpayment of taxes, assessments, or other municipal liens or charges, on the date when they would become delinquent, and may also provide that no interest shall be charged if payment of any installment is made within the tenth calendar day following the date upon which the same became payable, also known as the grace period. WHEREAS, The rate so fixed shall not exceed 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00, to be calculated from the date taxes were payable, known as the Quarterly Due Date, until the date that actual payment to the tax collector is made. In accordance with N.J.S.A. 54- 4-67 any taxes, remaining unpaid after the 10th of each due date is subject to interest from the first of quarterly due date. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, that in accordance with N.J.S.A. 54:4-67 the City of Passaic, hereby directs that the interest rate for the non-payment of taxes, assessments or other municipal liens or charges shall be fixed at 8% for the first $1,500.00 delinquent amount and at 18% for any amounts in excess of $1,500.00; provided, however, that no interest shall be charged if payment of any installment of such taxes or assessments is made within the tenth calendar day following the date upon which same became payable, also known as the grace period. Page 13 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 22-01-007 RESOLUTION AUTHORIZING ANNUAL TAX SALE WHEREAS, Chapter 99 of the Public Laws of 1997 of the State of New Jersey (P.L.1997, c.99) was enacted on May 12, 1997; and WHEREAS, P.L. 1997, c.99 permits municipalities to hold a “tax lien sale” for arrearages in real property taxes and other liens or charges, after the eleventh day of the eleventh month of the fiscal year upon passage of a Resolution Permitting the same, by the Governing Body; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic, Passaic County, New Jersey, as follows: 1. In accordance with P.L. 1997, c.99 (N.J.S.A. 54:5-19) the City of Passaic, hereby directs that for unpaid real property taxes or other municipal liens or charges, or any part thereof in arrears as of the eleventh day of the eleventh month of the previous and/or current year, the Tax Collector shall, subject to the provisions of N.J.S.A. 54:5-19, enforce the lien by selling a tax sale certificate on the delinquent property taxes, pursuant to law, provided that the sale in conducted no later than December 31, of the current year for delinquencies from current and/or prior years. 2. Such sale shall include only such unpaid taxes or other municipal liens or charges as were in arrears in the prior and/or current year. CITY OF PASSAIC RESOLUTION NO. 22-01-008 RESOLUTION AWARDING CONTRACT FOR MYRTLE AVE & MONROE STREET SIDEWALK & DOG PARK ADA RAMP CITY OF PASSAIC Page 14 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, bids were received by the Purchasing Department on Tuesday, November 9, 2021 for Reconstruction of Myrtle Ave & Monroe Street Sidewalk & Dog Park Ada Ramp; and WHEREAS, bids were received as per the attached; and WHEREAS, in addition to the attached, specifications and plans were downloaded by the following, none of whom submitted bids: LSEA Corporation Prime Vendor Delgado Brothers General Montville, NJ Wilmington, NC Contractors, LLC Passaic, NJ Source Management Onorati Construction Dodge Data & Analytics Seattle, WA Co. Inc. Hamilton Township, NJ Boonton, NJ Onvia Dodge Data & Suburban consulting Seattle, WA Analytics Engineering Inc. Hamilton Township, Flanders, NJ NJ WHEREAS, the lowest responsible, responsive bid was received from Diamond Construction of Brick, NJ in the amount of $48,173.00; and WHEREAS, it is the recommendation of Joseph Golden, City Engineer that the contract be awarded to Diamond Construction of Brick, NJ in the amount of $48,173.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Reconstruction of Myrtle Ave & Monroe Street Sidewalk & Dog Park Ada Ramp be awarded to Diamond Construction of Brick, NJ in the amount of $48,173.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by City Attorney. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #C-04-55-983- 020-9RD Page 15 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 22-01-009 CASH MANAGEMENT PLAN WHEREAS, NJ.S. 40A:5-14, Local Fiscal Affairs Law, requires that each municipality adopt a Cash Management Plan designed to assure the deposit, investment and proper disbursement of local funds; now, therefore, be it RESOLVED, that the Municipal Council of the City of Passaic does hereby adopt the following Cash Management Plan: A. DESIGNATION OF DEPOSITORIES The following institutions are designated as permissible depositories for the deposit of City funds: POPULAR BANK PNC BANK VALLEY BANK TD BANK CAPITAL ONE NORTH JERSEY FEDERAL CREDIT UNION All depositories must conform to the Governmental Unit Deposit Protection Act ("GUDPA"), and shall provide a Notification of Eligibility from the State of New Jersey, Department of Banking, on a semi-annual basis. In addition, designated depositories shall maintain maximum FDIC or FSLIC coverage of all City funds on deposit. B. DEPOSIT OF FUNDS All funds shall be deposited within forty-eight (48) hours of receipt, in accordance with NJ.S. 40A:5-15, into appropriate fund operating accounts. Interest bearing operating and capital accounts shall be regularly monitored for the availability of funds for investment. Debt Service and Trust accounts shall be maintained in accordance with Federal and State statutes regulating such funds. Payroll, Developers' Escrow deposits and other agency funds, which represent funds of individuals and other organizations held by the City, shall be deposited in regular, interest bearing checking accounts unless applicable State statutes direct otherwise. Grant funds shall be deposited in accordance with regulations of the granting government or agency. Page 16 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK C. INVESTMENT INSTRUMENTS AND PROCEDURES The City may purchase those investments permitted in NJ.S. 40A:5-15.l, which include: United States Treasury Bonds, Notes and Bills United States Government Agency and Instrumentality Obligations New Jersey Arbitrage Rebate Management Fund Savings Bank Deposits and Certificates of Deposit State of New Jersey Cash Management Fund The City may purchase other obligations approved by the Division of Investment of the Department of Treasury for investment by local units. Investments shall be limited to a maturity of not more than one year 1 unless a longer term is permitted by applicable Federal or State regulations. Allowable investments with maturities which extend beyond the end of the City's fiscal year shall be permitted. The purchase of Certificates of Deposit shall be made based on the availability of funds for investment and the analysis of projected cash flows. D. DISBURSEMENT OF FUNDS All funds shall be disbursed as authorized and directed by the Municipal Council, except that the Chief Financial Officer shall have the authority to make the following disbursements prior to receiving the approval of the Municipal Council: County Taxes Payroll Withholding Amounts Debt Service Postage Insurance Premiums Purchase of Investments Interfunds Salaries and Wages Petty Cash Reimbursements School Taxes Utility Expenses Statutory Expenses Any disbursements made prior to Municipal Council approval shall be listed and included in the Payment of Bills for the first available council meeting following said disbursement for Municipal Council approval. Disbursements shall be executed via electronic wire transfer of funds by the Chief Financial Officer, or designated staff member, when that method of payment will result in an operating and/or financial benefit to the City. E. PETTY CASH FUND Reimbursements for expenditures through the Petty Cash Fund shall be made within the limits approved by the Director of the Division of Local Government Services. The Petty Cash Fund shall be maintained in accordance with N.J.S. 40A:5-21. Individual reimbursements from the Petty Cash Fund shall not exceed $50 per item. The following Petty Cash Funds shall be maintained: City Clerk $300 Page 17 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK Fire Department $250 Police Department $250 Public Works $250 F. BONDING The following officials shall be covered by surety bonds; said surety bonds to be examined by the independent auditor to insure their proper execution: Chief Financial Officer Tax Collector City Clerk Treasurer Municipal Court Staff members of the Department of Finance and Tax Collection not covered by separate surety bonds shall be covered by a Public Employee's Faithful Performance Bond. G. COMPLIANCE The Cash Management Plan of the City of Passaic shall be subject to the approval of the City's Legal Counsel, and shall be subject to the annual audit, conducted pursuant to N.J.S. 40A:5-4. As stated in N.J.S. 40A:5-l4, the official(s) charged with the custody of City funds shall deposit them as instructed by this Cash Management Plan, and shall thereafter be relieved of any liability or loss due to the insolvency or closing of any designated depository. If, at any time, this Cash Management Plan conflicts with any regulation of the State of New Jersey, or any department thereof, the applicable State regulations shall apply. CITY OF PASSAIC RESOLUTION NO. 22-01-010 A RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE CITY OF PASSAIC BE IT RESOLVED by the City Council of the City of Passaic that: The following bank accounts, at their respective depositories of the City of Passaic, shall be continued and shall be as follows: Page 18 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK PNC BANK Trust Account Capital Account Dog Trust Account Primary General Election Account Sewer Capital Grants Account Claims Account VALLEY NATIONAL BANK Current Account Redemption Account EMS Billing Account Problem Solving Account Home Investment Partnership Program Account FLEX Plan D&H Alternative Solutions, Inc. – Worker’s Compensation Emergency Solutions Grant Account Municipal Court Account CAPITAL ONE Agency Account Current Account Community Development Block Grant Account Salary Account Tax Sale Premium Account Specialty Claims Management – Liability Utility Operations Regional Contribution Agreement – Savings Account Payroll Account Credit Card Account TD BANKNORTH Escrow Account Norwood RCA Account Recreation Officials Fee POPULAR BANK Current Account City of Passaic Grant Fund City of Passaic Claims Fund NORTH JERSEY FEDERAL CREDIT UNION Page 19 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 22-01-011 RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2022 WHEREAS, NJSA 40A:4-19 of the Local Budget Act provides that the Temporary appropriations should be made prior to the adoption of the CY2022 current operating budget as well as Sewer Utility budget, for the purpose and the amounts required, and WHEREAS, the date of this resolution is within the first 30 days of the fiscal year, and WHEREAS, the total appropriations in the CY2021 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $94,294,982.00, and Sewer utility budget is the sum of $6,295,000. 0 0 and WHEREAS, 26.25% of the total appropriation in the CY2021 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement and public assistance in the said budget is the sum of $24,752,432.00, and $1,652,437.00, and NOW,THEREFORE BE IT RESOLVED by the governing body of City of Passaic, County of Passaic, State of New Jersey, that the following temporary appropriations be made; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to the Chief Financial Officer of the City of Passaic, Passaic County, New Jersey. Page 20 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK CITY OF PASSAIC RESOLUTION NO. 22-01-013 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF LUXXE GREEN, LLC’S CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30-7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, Luxxe Green, LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and Page 21 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is Luxxe Green, LLC; and WHEREAS, Luxxe Green, LLC wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 35-95 Eighth Street, Building #1, 2nd Floor, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by Luxxe Green, LLC to operate within the City of Passaic; 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 the purpose of this Resolution. CITY OF PASSAIC RESOLUTION NO. 22-01-014 RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR MUNICIPAL SUPPORT OF GARDEN STATE BORN LLC’S CANNABIS BUSINESS LICENSURE WHEREAS, Pursuant to N.J.A.C. 17:30-7.1, N.J.A.C. 17:30-7.8, and N.J.A.C. 17:30-7.10 applicants for cannabis business licenses (“license-applicants”) shall submit proof of local support in the form municipal approval as part of their application; and WHEREAS, pursuant to N.J.A.C. 17:30-5.1, N.J.A.C. 17:30-6.3 and the Notice of Application Acceptance adopted by the New Jersey Cannabis Regulatory Commission (“Commission”) on November 9, 2021, municipalities may submit their preference for licensure to the Commission; and Page 22 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-5 (2021), the City of Passaic authorizes a person to engage in cannabis business, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing and distribution of cannabis or a cannabis product only if the person: (1) has a valid cannabis business permit or cannabis dispensary permit from the City of Passaic; and (2) is currently in compliance with all applicable laws and local laws and regulations pertaining to the cannabis business and the cannabis business activities, including the duty to obtain any required state licenses; and WHEREAS, pursuant to Passaic, New Jersey, Municipal Code art. IV, § 232-7 (2021), the City of Passaic has not imposed a maximum number of cannabis businesses that may be licensed to operate in the City at any given time; and WHEREAS, Garden State Born LLC wishes to submit an application for City of Passaic’s support as part of its cannabis business license application; and WHEREAS, the license-applicant’s legal name under which it is registered to do business in the State of New Jersey is Garden State Born LLC; and WHEREAS, Garden State Born LLC wishes to cultivate and manufacture cannabis under New Jersey State License within the City of Passaic located at 2-8 5th Street, Passaic, New Jersey; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic hereby authorizes the Cannabis Cultivator license and Cannabis Manufacturer license being sought by Garden State Born LLC to operate within the City of Passaic; 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 the purpose of this Resolution. Page 23 of 24 Passaic City Council January 13, 2022 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED AS A LIVE STREAM VIA FACEBOOK ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: 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 Patel Schwartz Garcia CP Schaer ABSENT: MAYOR’S REPORT  Mayor Lora congratulated Perla on his appointment, and he looks forward to working with him and the other city attorneys.  Assemblyman Gary Schaer of the 36th legislative district was officially sworn in.  Phlebotomy classes begins for the spring semester  SORA and CDL licenses have been expanded. ADJOURNMENT There being no further business to come before the Council on a motion by Council Member Love and seconded by Council Member Schwartz the meeting was adjourned at 8:22 p.m. ROLL CALL (VIA ZOOM) AYES: Munk Love Melo Patel Schwartz Garcia CP Schaer ABSENT: ATTEST: APPROVED: Amada D. Curling, Gary S. Schaer, City Clerk Council President Page 24 of 24