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City Council

Regular Meeting

Passaic, NJ · January 9, 2024

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Minutes

City of Passaic New Jersey Passaic City Council January 11, 2024 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON THURSDAY, JANUARY 11, 2024 AT 7:00 P.M. WEATHERLY FRIAS, MUNICIPAL CLERK, READ THE FOLLOWING NOTICE INTO RECORD: GOOD EVENING, ON BEHALF OF THE GOVERNING BODY OF THE CITY OF PASSAIC WE WELCOME YOU TO THE JANUARY 11, 2024 CITY COUNCIL MEETING. IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE AND INSTRUCTIONS FOR THIS MEETING WERE PROVIDED VIA FAX TO THE HERALD NEWS, PUBLISHED ON JANUARY 5, 2024, POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS), AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS RE-SCHEDULED THEIR JANUARY 09, 2024, COUNCIL MEETING TO THURSDAY, JANUARY 11, 2024, AT 7:00 PM TO BE HELD IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY IN PERSON PLEASE BE FURTHER ADVISED THIS PUBLIC MEETING WILL BE CONDUCTED IN PERSON. THE ZOOM STREAM PROVIDED IS FOR VIEWING ONLY AND IS OFFERED TO THE PUBLIC AS A CONVENIENCE. INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator; City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PRESENTATION: HOME AND STORE FRONT WINDOW HOLIDAY DECORATING CONTEST 2023 AWARDS Residence Award 1st Place – 363 Paulison 2nd Place – 243 Burgess 3rd Place – 31 Van Houten Ave Mayors Choice – 366 Van Hounten Ave Business Award – 1st Place - My Royal Closet Boutique 2nd Place – Tabacco Road 2 MAYOR’S UPDATE New Year’s Eve Piñata Drop – December 31, 2023 • The City of Passaic hosted a successful New Year’s Eve celebration at 663 Main Avenue, with approximately 1,500 attendees. • The event featured performances by Valarie Adams & Dimension Band, Grupo Macao, Grupo Fama Tipico, and DJ Reymo. End of Holiday Free Parking – January 8, 2024 • Residents were reminded that holiday free parking has ended. Parking meters are now enforced Monday through Saturday from 8:00 AM to 6:00 PM. Christmas Tree Curbside Pickup • Residents may contact the Department of Public Works at 973-365-5654 for tree disposal. Trees must be free of tinsel, garland, lights, and ornaments. Three Kings Day Celebration – January 14, 2024 • The City hosted the 16th Annual Three Kings Day event at Fiesta Night Club, providing free toys to children. • The event was supported by local sponsors, including La Fortaleza, La Providencia, Abuelito, ShopRite, Martinez Imports, El Gallito Radio, La Ideal Bakery, and Dobras Construction. Colonel Johnson Park Public Hearing – January 25, 2024 • The City is applying for a Green Acres grant to develop Colonel Johnson Park with a new water park and updated equipment. • A public hearing was held at City Hall for community input, and surveys remain available online and at City Hall. Page 2 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Benson Avenue Parking Lot, Tennis Courts, & Baseball Field Improvements • Light poles and security cameras are expected to arrive this month, with installation scheduled for February. CDBG Storm and Sanitary Infrastructure Improvements • Sewer replacement on Third Street has been completed. • Ongoing manhole reconstruction is in progress at locations including Central Avenue, Passaic Avenue, River Drive, Westervelt Place, and Third Street. FEMA Catch Basin Repairs • Repairs are ongoing at various locations as part of the City’s efforts to improve drainage and reduce flooding. Columbia Ave & Jefferson St. Parking Lot Improvements • Paving is complete, along with curbing, stormwater enhancements, and light pole foundation installations. Deputy Mayor Appointment – December 21, 2023 • Jaime Delgado was sworn in as the new Deputy Mayor of Small Businesses & Cultural Affairs in a ceremony officiated by Mayor Hector C. Lora. HEARING OF CITIZENS Council President Schaer opened the public portion of the Meeting with the following statement for the record: In Accordance with the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.). The Council opens every public meeting for comments of the public. However, in accordance with N.J.S.A. 10:4-12 “nothing in this Act shall be construed to limit the discretion of a public body to permit, prohibit or regulate the active participation at any meeting,” Therefore, the City Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which any person attempts to intimidate any individual or group because of race, color, religion, handicap, sexual orientation, or ethnicity or makes personally offensive or abusive, defamatory or profane comments, comments intending to harass or speak any offensive or abusive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Joe Conoscenti • Concerns about low fire hydrant pressure in Passaic. Page 3 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • A hydrant at 161 Lexington Ave was removed during construction and not replaced; request for water company review. • Four fallen veteran banners raised maintenance concerns. • Fire reported on Van Buren Street last month. 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 Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2331-23 ORDINANCE AMENDING CHAPTER 295 “VEHICLES AND TRAFFIC”, ARTICLE II “PARKING, STANDING AND STOPPING”, SECTION 7.2 “OVERNIGHT PARKING OF TRUCKS AND BUSES PROHIBITED” OF THE CITY OF PASSAIC CODE Council Member Colon Montanez moved a public hearing to be held on Ordinance. Motion was seconded by Council Member Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Colon Montanez and seconded Page 4 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC by Council Member Melo the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Council Member Schwartz moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Melo and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Council President Schaer called up for the second and final reading Ordinance entitled: CITY OF PASSAIC ORDINANCE NO. 2332-23 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 Melo, So Ordered. The Council President then announced that all interested parties would be given an opportunity to be heard for or against the adoption of the Ordinance. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X After ample opportunity given and no one else responding, on a motion by Council Member Colon Montanez and seconded by Council Member Melo the public portion of the meeting was closed. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez Page 5 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ABSENT ABSENT X X X X X Council Member Colon Montanez moved the ordinance be adopted on second reading and final passage which motion was seconded by Council Member Schwartz and adopted upon a call of the roll. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X COMMUNICATIONS AND PETITIONS: On a motion by Council Member Colon Montanez and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted 40 Brighton Ave LLC, 40 Brighton Ave, submitting an application renew their Entertainment License for the year 2024. Atardecer De Mexico LLC, 210 Washington Place, submitting an application renew their Entertainment License for the year 2024. Ukrainian Center INC, 240 Hope Ave , submitting an application renew their Entertainment License for the year 2024. Premium Ride-dba Apolo Taxi, 689 Main Ave, submitting an application to renew their Taxi Owner License for the year 2024. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Page 6 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ALL MATTERS LISTED HEREUNDER ARE CONSIDERED ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION ANY COUNCIL MEMBER MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. On a motion by Council Member Melo and seconded by Council Member Colon Montanez the following communications and petitions were received placed on file and approval granted State of New Jersey Department of Environmental Protection, submitting the following: • LSRP General Information Notice : 90 Dayton Ave – 84 184 Dayton Ave , Passaic NJ , 07055 • Correspondence Re: FFY2023/ SFY2024 Clean Water State Revolving Fund (“CWSRF”) and the Drinking • Soil Remedial Action Protectiveness/ Biennial Certification Form for a Soil RAP- Industrial Complex @ 35-95 8th Street, Passaic NJ 07055 IR Property Management LLC, 18 Concord St , Clifton NJ 07013, submitting the following: • Notice to property owners within 200ft of Development: 5 Milton Ave, Clifton NJ, and 62 Brighton Ave, Passaic NJ North Jersey District Water Supply Commission, submitting the following: • 2024 North Jersey District Water Supply Commission Budget (adopted) • Annual Notice of their meeting dates for the calendar year 2024 • Minutes of their November 15, 2023 meeting • Agenda of their December 20, 2023 meeting Passaic Valley Water Commission, submitting the following: • Minutes of their November 29, 2023 meeting • Agenda of their December 20, 2023 meeting The Housing Authority of the City of Passaic submitted the following: • Notice of their meeting dates for the calendar year 2024 Page 7 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC McCormick Taylor, submitting the following : • Correspondence Re: Hamilton Avenue and State Street Improvements Passaic City; 2023 Transportation Alternatives Grant City of Passaic Enterprise Zone Dev. Corp. submitting the following: • Minutes of their September 13, 2023 meeting PSE&G submitting the following: • Correspondence re: PSE&G is Prepared for Windy Rainstorm Alcoholic Beverage Control Board of the City of Passaic submitting the following : • Agenda of their December 20, 2023 meeting • Notice of their meeting dates for the calendar year 2024 Passaic Municipal Court submitting their monthly report for November 2023. LAN Associates, Engineering, Panning, Architecture, Surveying Inc. submitting the following: • Passaic BOE /:LSRP Remedial Action Permit Biennieal Certification Services at Passaic School #20 ( NJDEP PI #461189) Henry Street & Howe Avenue, Passaic NJ ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X RESOLUTIONS: THE FOLLOWING RESOLUTION WAS TAKEN OFF THE AGENDA RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 11, 2024, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS Page 8 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Melo and seconded by Council Member Schwartz the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-01-001 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PASSAIC AND THE BOARD OF EDUCATION OF THE CITY OF PASSAIC FOR THE USE OF SCHOOLS 3 AND 19 FOR THE INSTALLATION AND MAINTENANCE OF POLICE-FIRE COMMUNICATIONS DEVICES WHEREAS, it is of paramount importance for the City of Passaic (the “City”) to enhance police-fire communications for the safety and well-being of its residents; and WHEREAS, in collaboration with Motorola, the City seeks to install and maintain black fibers, repeaters, and other necessary and advisable communications devices (collectively, the “Communications Devices”) on the buildings of Schools 3 and 19 to further the said purpose; and WHEREAS, the installation and maintenance of the Communications Devices necessitates the City to enter into an agreement with the Board of Education of the City of Passaic (the “Board of Education”); and WHEREAS, the City and the Board of Education have discussed and drafted a Memorandum of Understanding (“MOU”) to allow the use of Schools 3 and 19 for the installation and maintenance of the Communications Devices; and WHEREAS, the Mayor has requested that the City Council authorize the MOU and direct its execution on behalf of the City. Page 9 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic, as follows: 1. The Memorandum of Understanding by and between the City and the Board of Education, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved. 2. The Mayor is hereby authorized and directed to execute the MOU on behalf of the City, and the City Clerk is hereby authorized and directed to attest the same. 3. The Mayor and City Clerk are hereby authorized to execute and attest any other documentation required to achieve the purpose of this resolution. 4. This resolution shall take effect immediately upon its adoption. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X ABSTAIN X On a motion by Council Member Schwartz and seconded by Council Member Melo the following RESOLUTION WAS OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-01-002 RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC BOARD OF EDUCATION FOR SCHOOL RESOURCE OFFICERS 2023- 2024 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“City”), wishes to enter into a Shared Services Agreement for School Resource Officers (“Agreement”) with the Passaic Board of Education, having an office at 663 Main Avenue, Passaic, New Jersey 07055 (“Board”); and Page 10 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, the City and Board seek to enter this Agreement pursuant to N.J.S.A. 40A:65-1 et. seq.; and WHEREAS, under this Agreement the services of the Passaic Police Department shall be shared for the school resource officer program and additional security service; and WHEREAS, in addition to the School Resource Officers (“SROs”), there shall be up to seven (7) Special Law Enforcement Officers – Class IIIs (“Special 3s”) who shall have the explicit purpose of providing security at schools when schools are in session or occupied by students or staff; and WHEREAS, the City and Board have set forth their intentions within the attached Agreement and mutually agree to the terms therein; and WHEREAS, the Board shall adopt its own Resolution authorizing it to execute the Agreement. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Shared Services Agreement with the Passaic Board of Education for school resource officers subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Shared Services Agreement attached hereto; and BE IT FURTHER RESOLVED, that copies of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to the Passaic Board of Education to commence the same. ROLL CALL Page 11 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X ABSTAIN X On a motion by Council Member Colon-Montanez and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 24-01-003 RESOLUTION AWARDING CONTRACT FOR 2021 NJDOT SAFE STREETS TO TRANSIT CITY OF PASSAIC WHEREAS, bids were received by the Director of Purchasing on Tuesday, December 19, 2023, for Re-Bid 2021 NJDOT Safe Streets to Transit; and WHEREAS, bids were received as per the attached; and WHEREAS, the lowest responsible, responsive Bid was received from American Asphalt & Trucking, of Newark, NJ, for the Base Bid in the amount of $ 224, 739.89; and WHEREAS, it is the recommendation of Yasseen Saad, City Engineer that the contract for 2021 NJDOT Safe Streets To Transit be awarded to American Asphalt & Trucking, of Newark, NJ, for the Base Bid in the amount of $ 224,739.89. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for 2021 NJDOT Safe Streets To Transit for the Base Bid in the amount of $ 224,739.89 be awarded to American Asphalt & Trucking LLC, Newark NJ. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for the above on a form approved by the City Attorney. Page 12 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CERTIFICATION OF FUNDS Funds for the above are available in DOT Grant Account #G-02-40-021-SST-020. ($200,000.00) And Account # 3-01- 44-905-000-9PK. ($24,739.89). Capital Outlay Parks/Roads Improvement. CITY OF PASSAIC RESOLUTION # 24-01-004 RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR PHYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM CY2023 WHEREAS, on December 06, 2022, The City Council of the City of Passaic adopted Resolution #22-12-336 (Attached) approving a contract with Dr. Trivedi of Flemington, NJ 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 $ 14,400.00 for a revised total amount of $ 62,400.00 for additional sessions. NOW, THEREFORE, BE IT RESOLVED that the contract with Dr. Trivedi, for Physician Services for Substance Abuse Treatment Program shall be amended to increase the contract amount to $62,400.00. 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 Page 13 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Funds for the above are available in Account #T-03-56-330- 3SU-MAP. CITY OF PASSAIC RESOLUTION # 24-01-005 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2023 DODGE DURANGO PURSUIT AWD VEHICLE WHEREAS, the Passaic Police Department wishes to purchase One (1) 2023 DODGE DURANGO PURSUIT VEHICLE offered under the NJ State Contract #23-FLEET-34933 from Nielsen of Morristown, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, supplies or equipment supplies, or equipment under State Contract entered on behalf of the State by the Division of Purchase and Property in the Department of the Treasury without the necessity for public bidding; and WHEREAS, the vehicle is priced as follows: Total One (1) 2023 Dodge $38,461.00 Durango Factory Options 8,875.50 NJ State Contract 1,163.16 Options Total $ 48,499.66 WHEREAS, it is the recommendation of Police Chief Luis Guzman that the contract for One (1) 2023 Dodge Durango be awarded to Nielsen of Morristown, Morristown, NJ under NJ State Contract #23-FLEET-34933 in the amount of $ 48,499.66. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to Nielsen Page 14 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC of Morristown, Morristown, NJ for One (1) 2023 Dodge Durango in the amount of $ 48,499.66. 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 Police Vehicle Account #3-01-25-240-SRO-051. CITY OF PASSAIC RESOLUTION NO. 24-01-006 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 Page 15 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 24-01-007 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 or small credits of less than ten dollars. Page 16 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._24-01-008 RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES 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 17 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO._24-01-009 RESOLUTION AUTHORIZING THE ACCEPTANCE OF RYAN WHITE PART A AND MINORITY AIDS INITIATIVE GRANT FUNDS 2024 WHEREAS, the Passaic Alliance of the City of Passaic, having an office at 286 Passaic Street, Passaic, New Jersey 07055, has submitted an application for funding for the 2024 Ryan White Part A and Minority AIDS Initiative (“MAI”) grant for the delivery of HIV care for persons living with HIV/AIDS in the Passaic-Bergen transitional grant area; and WHEREAS, the Passaic Alliance has been approved for funding for its program in the total amount of $160,401.00 for the delivery of coordinated care targeting persons living with HIV/AIDS in the Passaic-Bergen region; and WHEREAS, it is the desire of the City of Passaic to accept the funds from this grant in the total amount awarded; and WHEREAS, the breakdown of grant funding by service category is as follows: SERVICE CATEGORY Total Award Substance Abuse $5,000.00 Mental Health $10,000.00 Case Management Community $60,101.00 Health Insurance Premiums $30,000.00 Early Intervention $2,000.00 Services TOTAL PART A $107,101.00 Substance Abuse MAI $20,000.00 EIS $2,300.00 Case Management MAI $26,000.00 Health Education MAI $5,000.00 Page 18 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC TOTAL MAI $53,300.00 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 funds from the Ryan White Part A and Minority AIDS Initiative in the total amount of $160,401.00; and BE IT FURTHER RESOLVED that the Mayor, City Clerk and Passaic Alliance are hereby authorized and directed to execute any documents and/or undertake any and all such actions necessary to effectuate the receipt of these funds. CITY OF PASSAIC RESOLUTION NO. 24-01-010 RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2024 WHEREAS, N.J.S.A. 40A:4-19 of the Local Budget Act provides that the Temporary appropriations should be made prior to the adoption of the CY2024 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 CY2023 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 $102,512,289.00, and Sewer utility budget is the sum of $7,554,345. 0 0 and WHEREAS, 26.25% of the total appropriation in the CY2023 budget, exclusive of any appropriation made for interest and debt redemption charges, capital improvement Page 19 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC and public assistance in the said budget is the sum of $26,909,475.00, and $1,983,015.00, 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. CITY OF PASSAIC RESOLUTION NO. 24-01-011 CASH MANAGEMENT PLAN WHEREAS, N.J.S.A. 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. Page 20 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 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 Page 21 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 School Taxes Reimbursements 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 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 Tax Collector Officer City Clerk Treasurer Municipal Court Page 22 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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. 24-01-012 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: PNC BANK Trust Account Capital Account Dog Trust Account Primary General Election Account Sewer Capital Page 23 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X Page 24 of 25 Passaic City Council Minutes: January 11, 2024 Approved: April 2, 2024 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC PAYMENT OF BILLS On a motion by Council Member Melo and seconded by Council Member Colon-Montanez, the PAYMENT OF BILLS was accepted and approved. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X MAYOR’S REPORT • Student government was sworn in by City Clerk Weatherly Frias. • $5,000 scholarships were given out to some of the students who participated in the Mexican Festival. ADJOURNMENT There being no further business to come before the Council, on a motion by Council Member Colon-Montanez and seconded by Council Member Melo the meeting was adjourned at 7:50 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT ABSENT X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 25 of 25

Agenda

City Council Agenda: January 9, 2024 rescheduled to January 11, 2024 Revised: 1/11/2024 City of Passaic New Jersey CITY COUNCIL https://drive.google.com/drive/folders/1v06a32Eh-dqaiSgZfiIvJ3HBq6C3eYnt?usp=sharing REGULAR MEETING AGENDA January 11, 2024 7:00 P.M. IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE AND INSTRUCTIONS FOR THIS MEETING WERE PROVIDED VIA FAX TO THE HERALD NEWS, PUBLISHED ON JANUARY 5, 2024, POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS), AND PLACED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK: PURSUANT TO THE OPEN PUBLIC MEETINGS ACT, BE ADVISED THAT THE CITY COUNCIL OF THE CITY OF PASSAIC HAS RE-SCHEDULED THEIR JANUARY 09, 2024, COUNCIL MEETING TO THURSDAY, JANUARY 11, 2024, AT 7:00 PM TO BE HELD IN THE COUNCIL CHAMBERS, FIRST FLOOR, 330 PASSAIC STREET, PASSAIC, NEW JERSEY IN PERSON PLEASE BE FURTHER ADVISED THIS PUBLIC MEETING WILL BE CONDUCTED IN PERSON. THE ZOOM STREAM PROVIDED IS FOR VIEWING ONLY AND IS OFFERED TO THE PUBLIC AS A CONVENIENCE. INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. I. ROLL CALL II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. PRESENTATION: HOME AND STORE FRONT WINDOW HOLIDAY DECORATING CONTEST 2023 AWARDS V. MAYOR’S UPDATE VI. HEARING OF CITIZENS 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, please be advised that the Council will not entertain any comments from persons who communicate obscene material, make statements which are considered bias intimidation in which a person intends to intimidate any individual or group because of race, color, religion, gender, handicap, sexual orientation or ethnicity or makes comments intending to harass or speak any offensive language. The person who makes these statements will relinquish their allotted five minutes for public discussion. Page 1 of 4 City Council Agenda: January 9, 2024 rescheduled to January 11, 2024 Revised: 1/11/2024 VII. ORDINANCE FOR SECOND AND FINAL READING (HEARING IS REQUIRED) 1. ORDINANCE NO. 2331-23 ORDINANCE AMENDING CHAPTER 295 “VEHICLES AND TRAFFIC”, ARTICLE II “PARKING, STANDING AND STOPPING”, SECTION 7.2 “OVERNIGHT PARKING OF TRUCKS AND BUSES PROHIBITED” OF THE CITY OF PASSAIC CODE 2. ORDINANCE NO. 2332-23 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER VIII. COMMUNICATION 3. 40 Brighton Ave LLC, 40 Brighton Ave, submitting an application renew their Entertainment License for the year 2024. 4. Atardecer De Mexico LLC, 210 Washington Place, submitting an application renew their Entertainment License for the year 2024. 5. Ukrainian Center INC, 240 Hope Ave , submitting an application renew their Entertainment License for the year 2024. 6. Premium Ride-dba Apolo Taxi, 689 Main Ave, submitting an application to renew their Taxi Owner License for the year 2024. 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. 7. State of New Jersey Department of Environmental Protection, submitting the following:  LSRP General Information Notice : 90 Dayton Ave – 84 184 Dayton Ave , Passaic NJ , 07055  Correspondence Re: FFY2023/ SFY2024 Clean Water State Revolving Fund (“CWSRF”) and the Drinking  Soil Remedial Action Protectiveness/ Biennial Certification Form for a Soil RAP- Industrial Complex @ 35-95 8th Street, Passaic NJ 07055 8. IR Property Management LLC, 18 Concord St , Clifton NJ 07013, submitting the following:  Notice to property owners within 200ft of Development: 5 Milton Ave, Clifton NJ, and 62 Brighton Ave, Passaic NJ 9. North Jersey District Water Supply Commission, submitting the following:  2024 North Jersey District Water Supply Commission Budget (adopted)  Annual Notice of their meeting dates for the calendar year 2024  Minutes of their November 15, 2023 meeting  Agenda of their December 20, 2023 meeting 10. Passaic Valley Water Commission, submitting the following:  Minutes of their November 29, 2023 meeting  Agenda of their December 20, 2023 meeting 11. The Housing Authority of the City of Passaic submitted the following:  Notice of their meeting dates for the calendar year 2024 12. McCormick Taylor, submitting the following :  Correspondence Re: Hamilton Avenue and State Street Improvements Passaic City; 2023 Transportation Alternatives Grant 13. City of Passaic Enterprise Zone Dev. Corp. submitting the following:  Minutes of their September 13, 2023 meeting 14. PSE&G submitting the following :  Correspondence re: PSE&G is Prepared for Windy Rainstorm Page 2 of 4 City Council Agenda: January 9, 2024 rescheduled to January 11, 2024 Revised: 1/11/2024 15. Alcoholic Beverage Control Board of the City of Passaic submitting the following :  Agenda of their December 20, 2023 meeting  Notice of their meeting dates for the calendar year 2024 16. Passaic Municipal Court submitting their monthly report for November 2023. 17. LAN Associates, Engineering, Panning, Architecture, Surveying Inc. submitting the following:  Passaic BOE /:LSRP Remedial Action Permit Biennieal Certification Services at Passaic School #20 ( NJDEP PI #461189) Henry Street & Howe Avenue, Passaic NJ IX. RESOLUTIONS 18. RESOLUTION AUTHORIZING CLOSED EXECUTIVE SESSION OF THE CITY COUNCIL OF PASSAIC ON PASSAIC ON JANUARY 09, 2024, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS 19. RESOLUTION AWARDING CONTRACT FOR 2021 NJDOT SAFE STREETS TO TRANSIT CITY OF PASSAIC (Contract awarded to American Asphalt & Trucking, Newark, NJ $ 224,739.89-Passaic Avenue and Van Houten Ave, Monroe Street and Montgomery St) 20. RESOLUTION AUTHORIZING AMENDMENT OF CONTRACT FOR PHYSICIAN SERVICES FOR SUBSTANCE ABUSE TREATMENT PROGRAM CY2023 (Awarded to DR. Trivedi, Of Flemington, NJ. Increase the contract amount by an additional $14,400.00 for a revised total amount of $62,400.00 for additional sessions) 21. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2023 DODGE DURANGO PURSUIT AWD VEHICLE (Awarded to Nielsen of Morristown NJ, in the amount of $48,499.66) 22. RESOLUTION AUTHORIZING ANNUAL TAX SALE 23. RESOLUTION AUTHORIZING CANCELLATION OF SMALL BALANCES 24. RESOLUTION AUTHORIZING INTEREST CHARGES ON DELINQUENT TAXES, ASSESSMENTS, AND OTHER MUNCIPAL LIENS OR CHARGES (Shall Not Exceed 8% on the First $1,500.00 and 18% on any Amount in Excess Of $1,500.00) 25. RESOLUTION AUTHORIZING THE ACCEPTANCE OF RYAN WHITE PART A AND MINORITY AIDS INITIATIVE GRANT FUNDS 2024 ($160,401.00) 26. RESOLUTION-TEMPORARY BUDGET CALENDAR YEAR 2024 27. RESOLUTION – CASH MANAGEMENT PLAN 28. RESOLUTION DESIGNATING THE OFFICIAL BANK ACCOUNTS AND THE OFFICIAL DEPOSITORIES FOR SUCH BANK ACCOUNTS OF THE CITY OF PASSAIC CASH MANAGEMENT PLAN 29. RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PASSAIC AND THE BOARD OF EDUCATION OF THE CITY OF PASSAIC FOR THE USE OF SCHOOLS 3 AND 19 FOR THE INSTALLATION AND MAINTENANCE OF POLICE-FIRE COMMUNICATIONS DEVICES 30. RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN THE CITY OF PASSAIC AND PASSAIC BOARD OF EDUCATION FOR SCHOOL RESOURCE OFFICERS 2023- 2024 Page 3 of 4 City Council Agenda: January 9, 2024 rescheduled to January 11, 2024 Revised: 1/11/2024 X. PAYMENT OF BILLS XI. ADMINISTRATOR’S REPORT XII. MAYOR’S REPORT XIII. ADJOURNMENT (Next meeting of the City Council – January 23, 2024, at 7:00 PM) Members of the public can view, but not participate in, the City Council meeting starting at 7:00 P.M. by using the “Zoom” online meeting platform using the following Internet link: https://us02web.zoom.us/j/89892612341 MEMBERS OF THE PUBLIC VIEWING VIA ZOOM WHO WOULD LIKE TO HAVE A STATEMENT READ AT THE MEETING: Please email your prepared statement to publiccomment@cityofpassaicnj.gov by 3:00 P.M. on the day of the meeting. Please note that viewing the meeting via Zoom and submitting a written statement are not substitutes for live attendance and do not constitute official meeting participation under the Open Public Meetings Act. Page 4 of 4

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