City Council

City of Passaic New Jersey Passaic City Council April 22, 2025 Minutes PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WAS CONDUCTED IN-PERSON AND VIRTUAL STREAMED VIA ZOOM ON TUESDAY, APRIL 22, 2025 AT 7:00 P.M. WEATHERLY FRIAS, MUNICIPAL CLERK, READ THE FOLLOWING NOTICE INTO RECORD: GOOD EVENING, ON BEHALF OF THE GOVERNING BODY OF THE CITY OF PASSAIC WE WELCOME YOU TO THE APRIL 22, 2025 CITY COUNCIL MEETING. IN ACCORDANCE WITH CHAPTER 231 PUBLIC LAWS OF 1975, ADEQUATE NOTICE OF THIS MEETING WAS PROVIDED BY RESOLUTION OF THE MUNICIPAL COUNCIL ADOPTED ON JUNE 18, 2024, SETTING FORTH THE SCHEDULE OF MEETINGS FOR THE YEAR 2024-2025. SAID NOTICE WAS PUBLISHED AND POSTED ON THE CITY HALL BULLETIN BOARD BY THE OFFICE OF THE CITY CLERK. PLEASE BE FURTHER ADVISED THIS PUBLIC MEETING WILL BE CONDUCTED IN PERSON. THE ZOOM STREAM PROVIDED IS FOR VIEWING ONLY AND IS OFFERED TO THE PUBLIC AS A CONVENIENCE. ON APRIL 2, 2025, PUBLIC NOTICE AND ZOOM INSTRUCTIONS FOR THIS MEETING WERE PUBLISHED IN THE HERALD NEWS AND POSTED ON THE CITY OF PASSAIC WEBSITE AT: WWW.CITYOFPASSAIC.COM (COUNCIL AGENDAS) INSTRUCTIONS ARE ALSO AVAILABLE ON THE LAST PAGE OF THIS AGENDA. PLEASE BE GUIDED ACCORDINGLY. ON CALL OF THE ROLL THE FOLLOWING COUNCIL MEMBERS RESPONDED: ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez ABSENT X X ABSENT X X X ALSO PRESENT: Hector C. Lora, Mayor; Ricardo Fernandez, Business Administrator (Zoom); Susie Burns, City Attorney Invocation was rendered by Council Member Melo followed by the Pledge of Allegiance. Council Member Schwartz took his seat on the dais at 7:11 p.m. Council Member Munk joined via Zoom at 7:18 p.m. Moment of Silence Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Council Member Love requested a moment of silence in memory of Sandy Shevak, longtime community advocate for children, adults, and human rights. • Mayor Lora requested a moment of silence in memory of Jennifer Cristal Contreras, a Passaic resident who tragically lost her life in the Jet Set nightclub incident in the Dominican Republic. Council President Schaer advised that there is Addendum #38 has been added to the agenda. Proclamation Mayor Lora read into the record a proclamation honoring the life of Jennifer Cristal Contreras, noting her contributions to the community and aspirations as a young entrepreneur. Mayor Lora announced the establishment of the Jennifer Contreras Cosmetology License Scholarship. A copy of the proclamation was presented to the Contreras family. MAYOR’S UPDATE • Road work has begun on Myrtle Avenue, the first roadway where the City’s Bike Master Plan will be implemented, including designated bike lanes. • The City launched a bike-share program with five stations located at: o Wall Street & Passaic Street o Central Avenue by the bus stop o Myrtle Avenue & Monroe Street (School No. 11) o In front of City Hall o Brook Avenue & Main Avenue As of the report date, approximately 200 participants had registered and over 180 rentals had occurred. • Work began on the rubberized running/walking track at Third Ward Memorial Park. • Passaic County is completing a $2 million project to repair the covered bridge near the brook, funded by the county rather than the city. Page 2 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • The City is moving forward with construction of the new all-water park on Harrison Avenue, an amenity for children and families. 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 • Raised concerns about youth gang activity (stabbings/baseball bats), individuals dressed in black with face coverings; requested the city consider an ordinance restricting face masks in public with fines; asked about bike-share security, tracking, and charging a user’s card if a bike is not returned 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 X X X X X X X Page 3 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC COMMUNICATIONS: On a motion by Council Member Love and seconded by Council Member Colon-Montanez following communications and petitions were received placed on file and approval granted Weatherly Frias, City Clerk submitting the following: • Memorandum requesting a refund in the amount of $200 to Randy Rafael/Aplatanaos En Hoja LLC for a 2025 Peddler Application (application withdrawn by applicant) City of Passaic, Recreation Department, 330 Passaic Street, submitting an application to hold a Memorial Day Parade, on May 26, 2025, from 9:00a.m to 1:00 p.m. The procession will commence on the corner of Highland and Lexington travel Main Ave, to River Drive, ending at Armory Park (Contingent upon Departmental Approvals) Passaic Family Head Start, Inc., 63 Third Street, submitting an application to hold a Health Fair, at 50- 62 Third Street on June 6, 2025, from 10:00 a.m. to 1:00 p.m. (Rain Date: June 13, 2025) (Contingent Upon Departmental Approvals) Amigos de Colombia, 135 Summer Street, submitting an application to hold a Flag Raising at Magnus Ellen Square, 330 Passaic Street, on July 13, 2025, from 1:00 p.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) Team Passaic, 49 Van Winkle Avenue, submitting an application to hold a Flag Raising at Magnus Ellen Square, 330 Passaic Street, on August 16, 2025, from 12:00 p.m. to 2:00 p.m. (Rain Date: August 17, 2025) (Contingent Upon Departmental Approvals) United Puerto Rican Council, 173-175 Passaic Avenue, submitting an application to hold a Flag Raising at Magnus Ellen Square, 330 Passaic Street, on July 27, 2025, from 1:00 p.m. to 3:30 p.m. (Contingent Upon Departmental Approvals) Alianza Ecuadorian de Passaic NJ, 29 Abbe Lane , Clifton NJ, submitting an application to hold a Flag Raising at Page 4 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Magnus Ellen Square, 330 Passaic Street, on August 24, 2025, from 1:00 p.m. to 3:00 p.m. (Contingent Upon Departmental Approvals) Anybody Can Get It Inc. t/a Tiny Tijuana, 427 Van Houten Avenue, submitting an application for a new Entertainment License for the year 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X 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 Colon-Montanez and seconded by Council Member Melo the following communications and petitions were received placed on file and approval granted Hon. Hector C. Lora, Mayor, submitting the following: • Memorandum appointing Police Special Law Enforcement Officer Class II • Proclamation Honoring Soraya Stam on her Retirement • Proclamation Honoring Nelson Castillo on his Retirement • Proclamation En Honor al Dia De La Educacion Comparir Millennium Strategies Monthly Activity Report March 2025 Rent Leveling Board of the City of Passaic submitting the following: • Notice rescheduling their regular meeting to April 8, 2025 at 7:00 p.m. • Agenda of their April 8, 2025 meeting. State of New Jersey Department of Environmental Protection submitting the following: Page 5 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC • Suspected Hazardous Substance Discharge Notification: NJDEP Case Number: 25-04-01-1705-06 • Suspected Hazardous Substance Discharge Notification: NJDEP Case Number: 25-04-03-1555-50 Alcoholic Beverage Control Board of the City of Passaic submitting the following: • Agenda of their April 17, 2025, meeting City of Passaic, Planning Board submitting the following • Agenda of their April 2, 2025, meeting City of Passaic, Zoning Board of Adjustments submitting the following • Notice cancelling their March 25, 2025 meeting • Agenda of their April 8, 2025, meeting Matrix New World, Florham Park, N.J., submitting the following: • Public Notification- NJDEP Site Remediation Program- Public Notification -24 Broadway Site – 24 Broadway- City of Passaic, New Jersey 07055; Program Interest #1090231 Applied Earth Solutions, Inc. Aberdeen Twp. NJ submitting the following: • Public Notification – H&H Service Center -390 Broadway (408 Van Houten Avenue) Passaic, Passaic County, NJ 07055 NJDEP PI #023329 NJDEP Case #91-01-03-1133-36 North Jersey District Water Supply Commission, submitting the following: • Agenda of their March 26, 2025 meeting • Minutes of their February 26, 2025 meeting Passaic Valley Water Commission submitting the following: • Minutes of their February 26, 2025 • Agenda of their March 26, 2025, meeting • Notice of their April 23, 2025, meeting Page 6 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Borough of East Rutherford Planning Board, submitting the following: • Notice of their March 24, 2025 public meeting City of Passaic Division of Engineering, submitting the following: • Correspondence re: NJDEP Flood Hazard Area Application, General Permit by Certification 11Maintenance of Existing Manmade Stormwater Management Structures and Conveyances Drainage Infrastructure Improvements at the Circle • NJDEP Flood Hazard Area Application- General Permit- by-Certification 4 and 9 Element Environment Services, submitting the following: • Public Participation Plan Delta re: 585 Broadway, Passaic, NJ Self-Insurance Fund of the City of Passaic, submitting the following: • Agenda of their April 8, 2025, meeting ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X 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 APRIL 22, 2025, AT 7:00 PM OR ANYTIME THEREAFTER TO DISCUSS PENDING LITIGATION, CONTRACT NEGOTIATIONS AND PERSONNEL MATTERS THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Melo and seconded by Council Member Colon Montanez the following RESOLUTIONS WERE OFFERED FOR ADOPTION Page 7 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-04-090 RESOLUTION AWARDING CONTRACT FOR EMERGENCY SANITARY SEWER LATERAL REPAIR BARRY PLACE AND VAN HOUTEN AVENUE (TRAIN STATION) WHEREAS, on February 3, 2025, the Engineering Division was notified of a non-functional sanitary sewer lateral servicing the Passaic Train Station; and WHEREAS, Delgado Brothers Plumbing and Heating, the City’s sewer maintenance contractor was called to investigate; and WHEREAS, Delgado Brothers Plumbing and Heating proposed the installation of a new sanitary sewer lateral using trenchless technology; and WHEREAS, due to the location of an existing high voltage electrical transmission conduit, once the road was opened, the job could not be completed as proposed; and WHEREAS, it was the determination of the City Engineer, Yasseen M. Saad, that these conditions potentially created a health and safety hazard; and WHEREAS, a quotation was obtained from Delgado Brothers Plumbing and Heating as an emergency for 50 linear feet of 6-inch PVC sanitary sewer lateral installation via open-cut method in the additional amount of $18,000.00. 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 final cost of the emergency repair was $18,000.00. Page 8 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that payment to Delgado Brothers Plumbing and Heating of Passaic, NJ be made in the amount of $18,000.00. CERTIFICATION OF FUNDS Funds for the above are available in Account #4-01- 44-905-000-9SW Capital Outlay Sewer Improvement ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X ABSTAIN X X ABSTAIN X 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 # 25-04-091 RESOLUTION RESCINDING AWARD OF CONTRACT TO DAKTRONICS FOR FURNISHING AND INSTALLATION OF THREE (3) LED MESSAGE BOARDS PASSAIC, NEW JERSEY WHEREAS, the City Council adopted Resolution #24- 10-272 (attached) on October 15, 2024, awarding a contract to Daktronics, Brookings, South Dakota For Furnishing and Installation of Three (3) LED Message Boards; and WHEREAS, Ken Pincus, Health Officer, has advised that the Sustaining Local Public Health Grant has been cancelled by the New Jersey Department of Health. Page 9 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, it is the recommendation of Ken Pincus, Health Officer that the contract with Daktronics, Brookings, South Dakota for Furnishing and Installation of Three (3) LED Message Boards in the amount of $136,319.00 be rescinded. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Furnishing and Installation of Three (3) LED Message Boards in the amount of $136,319.00 be rescinded. CITY OF PASSAIC RESOLUTION # 25-04-092 RESOLUTION AUTHORIZING THE EXTENSION OF CURRENT CLEANING SUPPLIES CONTRACT FOR CITY OF PASSAIC WHEREAS, the City of Passaic wishes to purchase Cleaning Supplies offered under the Educational Services Commission of New Jersey Cooperative #ESCNJ 21/22-18 from Spruce Industries of Rahway, NJ; and WHEREAS, said contract has been extended through June 30, 2025; and WHEREAS, N.J.S.A.40A:11-2 authorizes the purchase of any materials, supplies or equipment under Cooperative Purchasing 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, it is the recommendation of Doris Dudek, Director of Purchasing, that the contract for Cleaning Supplies be awarded to Spruce Industries from January 22, 2025, through June 30, 2025, in an approximate amount of $30,000.00. Page 10 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract for Cleaning Supplies offered under the Educational Services Commission of New Jersey Cooperative #ESCNJ 21/22-18 be awarded to Spruce Industries of Rahway, NJ in an approximate amount of $30,000.00. 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. #5-01- 26-310-000-035. Funds for the subsequent budget year are available, providing that the budget is approved by the governing body. CITY OF PASSAIC RESOLUTION # 25-04-093 RESOLUTION AWARDING CONTRACT UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT FOR FURNISHING & INSTALLATION OF PARKING ACCESS AND REVENUE CONTROL SOLUTION FOR THE PARKING DECK- PASSAIC AND STATE STREET INCLUSIVE OF YEAR ONE FOR SOFTWARE MANAGEMENT AND FOR YEAR ONE AND TWO - EXTENDED HARDWARE WARRANTY WHEREAS, the City of Passaic is permitted to join National Cooperative Purchasing agreements under the authority of N.J.S.A. 52:34-6.2(b)(3); and WHEREAS, the City of Passaic is a member of Omnia Partners National Cooperative; and WHEREAS, the City of Passaic wishes to enter into an agreement with TAPCO, of Ambler, PA for the Page 11 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Furnishing and Installation of the Furnishing and Installation of Parking Access and Revenue Control Solution inclusive of year one for software Management and Year one and Two for Extended Hardware Warranty for the Parking Deck Passaic and Street; and WHEREAS, the contract is for an amount not to exceed $288,641.60. WHEREAS, the Omnia Partners Cooperative Contract's original term is from February 28, 2020, through February 28, 2025, with five (5) additional one-year periods through February 28, 2030. This contract is currently renewed through February 28, 2026. WHEREAS, TAPCO was awarded a contract under Omnia Partners National Cooperative Contract #2020-200. WHEREAS, it is the recommendation of Mr. Ricardo Fernandez, Business Administrator to award a contract to TAPCO, Ambler, PA pursuant to the Omnia Partners National Cooperative Solutions Contract #2020-200. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for the Furnishing and Installation of Parking Access and Revenue Control Solution inclusive of year one for software Management and Year One and Two for Extended Hardware Warranty for the Parking Deck Passaic and State Street to TAPCO in an amount not to exceed $288,641.60 under a National Cooperative Purchasing Agreement herein referred to as Omnia Partners National Cooperative. CERTIFICATION OF FUNDS Funds for the above are available in Acct. #C-04-55-984- 024-PDK. Page 12 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-04-094 RESOLUTION EXTENDING CONTRACT WITH RACHLES MICHELE OIL COMPANY INC., CLIFTON, NJ AS THE PROVIDER OF ULTRA LOW SULFUR DIESEL WHEREAS, the City of Passaic purchases Ultra Low Sulfur Diesel through New Jersey State Contract; and WHEREAS, N.J.S.A. 40A:11-12 authorizes the purchase of any materials, supplies or equipment under New Jersey 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, Rachles Michele's Oil Company Inc. of Clifton, NJ has been awarded a contract for Ultra Low Sulfur Diesel and has been assigned State Contract # T- 1845; and WHEREAS, the cost for ultra low sulfur diesel fuel is approximately $2.48/gallon inclusive of the vendor profit margin of $.0675; and WHEREAS, Ultra Low Sulfur Diesel is regulated by the prices listed in the Oil Price Information Service (OPIS) which is averaging $3.89 cents/gallon; and WHEREAS, the City of Passaic uses approximately 7,500.00 gallons per month at approximately $2.48/gallon which includes the upcharge of $.0675 totaling $18,600.00/month; and WHEREAS, the contract expires on March 31, 2026. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic designate Rachles Michele Oil Company Inc. the provider of Ultra Page 13 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Low Sulfur Diesel in an approximate amount of $18,600.00/month CERTIFICATION OF FUNDS Funds are available in Gasoline, Diesel Fuel Acct. #5-01-31-460-000-078. Funds for the subsequent budget years will be available upon Governing Body approval. CITY OF PASSAIC RESOLUTION NO. 25-04-095 RESOLUTION AUTHORIZING THE PURCHASE OF HARDWARE AND SOFTWARE TO UPGRADE POLICE DEPARTMENT RADIO ROOM AND DISPATCH ROOM WHEREAS, the Passaic Police Department wishes to purchase Hardware and Software to Upgrade the Police Department Radio Room and Dispatch Room under NJ State Contract #A83924 from GTBM Inc., East Rutherford, NJ; and WHEREAS, N.J.S.A. 40A:11-2 authorizes the purchase of any materials, 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 Passaic Police Department received a grant to fund cybersecurity upgrades for network protection; and WHEREAS, the cost to Upgrade the Software and Hardware is $76,280.00 and is broken down as follows: Hardware (upgrade switches) $16,280.00 Radio Room Software 4 Years 2025-2028 – Cybersecurity Page 14 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Software upgrades $7,500.00/year $ 30,000.00 Dispatch Room Software 4 Years 2025-2028 – Cybersecurity Software upgrades $7,500.00/year $30,000.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that a contract be awarded to GTBM, E. Rutherford, NJ in the amount of $76,280.00. 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 the Account # G-02- 40-024-PSA-020 Public Safety Answering Point. CITY OF PASSAIC RESOLUTION NO. 25-04-096 RESOLUTION AWARDING A CONTRACT FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 2025 NJDOT MUNICIPAL AID VARIOUS ROADWAY IMPROVEMENTS: HILLSIDE WAY (FROM VAN HOUTEN AVENUE TO RICHARD STREET), BOULEVARD AVENUE (FROM OAK STREET TO PASSAIC AVENUE), AND HOWE AVENUE (FROM VAN HOUTEN AVENUE TO PAULISON AVENUE) WHEREAS, proposals were received by the Purchasing Director on Wednesday, March 26, 2025, for Design and Construction Management Services For 2025 NJDOT Municipal Aid Various Roadway Improvements; 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 15 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received as per the attached; and WHEREAS, a list of proposals that were downloaded from the City of Passaic’s website can be found in the Purchasing Department Office; and WHEREAS, the Evaluation Committee reviewed the proposals received and recommends that the contract for Design and Construction Management Services For 2025 NJDOT Municipal Aid Various Roadway Improvements be awarded to Neglia Group, Lyndhurst, NJ in an amount not to exceed $58,779.00. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Design and Construction Management Services For 2025 NJDOT Municipal Aid Various Roadway Improvements be awarded to Neglia Group, Lyndhurst, NJ in an amount not to exceed $58,779.00. 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 Account # G-02-40- 025-DMA-020 2025 NJDOT Municipal Aid Grant CITY OF PASSAIC RESOLUTION NO. 25-04-097 RESOLUTION AWARDING CONTRACT FOR GEESE CONTROL SERVICES PASSAIC, NJ Page 16 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, proposals were received by the Director of Purchasing on March 28, 2025, for Geese Controls 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, a complete list of vendors that downloaded proposals is available in the Purchasing Department; and WHEREAS, a proposal was received as per the following; Third Ward Park Total Annual Maintenance (52 Weeks Coverage) $375.00/week Pulaski Park Total Annual Maintenance (52 Weeks Coverage) $250.00/week WHEREAS, the Evaluation Committee reviewed the proposal received and recommends that the contract for Geese Control Services / Nest Addling (as needed) be awarded to Geese Chasers, of Great Meadows, NJ in an Amount Not to Exceed $32,500.00 for the contract period of April 1, 2025 – March 31, 2026; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Geese Control Services / Nest Addling (as needed) be awarded to Geese Chasers, Great Meadows, NJ in an Amount Not To Exceed $32,500.00 for the contract period of April 1, 2025 – March 31, 2026; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a contract for these services on a form approved by the City Attorney. CERTIFICATION OF FUNDS Funds are available in Account #5-01-28-375-000- 029. Funds for subsequent budget year will be available contingent upon budget approval. Page 17 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-04-098 RESOLUTION REJECTING BIDS FOR NEW CONCESSION STAND AT CARNIE BRAGG MEMORIAL PARK WHEREAS, bids were received by the Director of Purchasing on Thursday, March 27, 2025, for Re-bid New Concession Stand at Carnie Bragg Memorial Park; and WHEREAS, bids were received as per the attached; and WHEREAS, a full list of vendors that downloaded specifications from the website can be obtained from the Purchasing Department; and WHEREAS, the bid received from A & S Environmental was deemed non-responsive as several of the mandatory documents were not included in their bid packet (N.J.S.A.40A:11-23.2). WHEREAS, the bids received exceeded the budget appropriation for this project; and WHEREAS, the specifications will be revised so that the City can re-advertise the project; and WHEREAS, it is the recommendation of Coppa Montalbano Architects that this bid be rejected. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the bids received on Thursday, March 27, 2025, for Re-Bid New Concession Stand at Carnie Bragg Memorial Park be rejected. Page 18 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the contract for Re-bid New Concession Stand at Carnie Bragg Memorial Park be rejected and the City re-advertise. CITY OF PASSAIC RESOLUTION NO. 25-04-099 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF PASSAIC AND THE CITY OF PATERSON DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH FOR TUBERCULOSIS CONTROL SERVICES 2025 WHEREAS, the City of Passaic, having an office at 330 Passaic Street, Passaic, New Jersey, 07055 (“Passaic”), wishes to enter into an Agreement for the furnishing of Tuberculosis Control Services of a technical and professional nature (“Agreement”) with the City of Paterson, Department of Health and Human Services, Division of Health, 176 Broadway, Paterson, New Jersey 07505 (“Paterson”) pursuant to N.J.S.A. 26:3A2-1 et seq., N.J.S.A. 40A:65-1 et seq., and N.J.A.C. 8:57-5; and WHEREAS, public health services are administered in the City of Passaic by the City Council through an Advisory Board of Health or Health Authority as prescribed by N.J.S.A. 26:3-1; and WHEREAS, the duration of this Agreement shall be from January 1, 2025 through December 31, 2025; and WHEREAS, Paterson, as the recipient of a grant from the New Jersey Department of Health to provide tuberculosis control services to the County of Passaic, shall provide tuberculosis control services to the City of Passaic subject to the terms and conditions of the Agreement attached hereto. Page 19 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enter into the attached Agreement with the City of Paterson Department of Health and Human Services, Division of Health subject to the terms and conditions thereof; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute the Agreement attached hereto; and BE IT FURTHER RESOLVED that copies of this Resolution and a copy of the executed Agreement shall be forwarded to the City of Paterson, Department of Health and Human Services, Division of Health. CITY OF PASSAIC RESOLUTION NO. 25-04-100 RESOLUTION AUTHORIZING THE CITY OF PASSAIC TO PARTICIPATE IN THE DEFENSE LOGISTICS AGENCY, LAW ENFORCEMENT SUPPORT OFFICE, 1033 PROGRAM TO ENABLE THE CITY OF PASSAIC POLICE DEPARTMENT TO REQUEST AND ACQUIRE EXCESS DEPARTMENT OF DEFENSE EQUIPMENT FROM 1/1/2025 THROUGH 12/31/2025 WHEREAS, the United States Congress authorized the Defense Logistics Agency (DLA) Law Enforcement Support Office (LESO) 1033 Program to make use of excess Department of Defense personal property by making that personal property available to municipal, county and State law enforcement agencies (LEAs); and WHEREAS, DLA rules mandate that all equipment acquired through the 1033 Program remain under the control of the requesting LEA; and WHEREAS, participation in the 1033 Program allows municipal and county LEAs to obtain property they might Page 20 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC not otherwise be able to afford in order to enhance community preparedness, response, and resiliency; and WHEREAS, although property is provided through the 1033 Program at no cost to municipal and county LEAs, these entities are responsible for the costs associated with delivery, maintenance, fueling, and upkeep of the property, and for specialized training on the operation of any acquired property; and WHEREAS, N.J.S.A. 40A:5-30.2 requires that the governing body of the municipality or county approve, by a majority of the full membership, both enrollment in, and the acquisition of any property through, the 1033 Program. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Passaic that the City of Passaic is hereby authorized to enroll in the United States Department of Defense for the “1033 Program” for the period of January 1, 2025 through December 31, 2025; and BE IT FURTHER RESOLVED that the City of Passaic hereby acknowledges the terms and conditions for the application and acquisition of such surplus property as set forth in P.L. 2015, c. 23; and BE IT FURTHER RESOLVED that the Mayor and City Clerk and necessary officers are hereby authorized and directed to execute grant applications for surplus property made available under the “1033 Program” on behalf of the City and to sign any other documents necessary in connection therewith. CITY OF PASSAIC RESOLUTION NO. 25-04-101 RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT BETWEEN THE CITY OF PASSAIC AND COUNTY OF PASSAIC FOR Page 21 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC THE PURPOSE OF PROVIDING SENIOR TRANSPORTATION SERVICES TO THE ELDERLY AND RESIDENTS WITH DISABILITIES 2025 WHEREAS, the City of Passaic (“City”) is desirous of utilizing the County of Passaic’s (“County”) Para- Transit vehicles for the purpose of providing transportation services to the elderly and residents with disabilities of the City of Passaic; and WHEREAS, the City and County wish to enter into the attached Shared Services Agreement (“Agreement”) for the utilization of such vehicles pursuant to N.J.S.A. 40:8A- 1, et. seq.; and WHEREAS, under such Agreement, the County agrees to make three (3) vehicles available to the City for the period of January 1, 2025 through December 31, 2025 and also agrees to pay the City a sum not to exceed $60,402.00 for reimbursement of costs incurred by the City in hiring and maintaining drivers for such vehicles; and WHEREAS, the City, in exchange for the use of such vehicles, agrees to maintain the level of services that existed on or about December 31, 2005 and to provide all non-emergency medical transportation for its senior and handicapped citizens; and WHEREAS, the City and County have set forth their intentions within the Agreement attached hereto and mutually agree to be subject to the terms and conditions therein. 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 County of Passaic for the use of three (3) Para-Transit vehicles by the City of Passaic for the period of January 1, 2025 through December 31, 2025 subject to the terms and conditions thereof; and Page 22 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 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 a copy of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to the County of Passaic; and BE IT FURTHER RESOLVED that a copy of this Resolution and a copy of the executed Shared Services Agreement shall be forwarded to the Division of Local Government Services pursuant to N.J.S.A. 40A:65-4. CITY OF PASSAIC RESOLUTION NO. 25-04-102 RESOLUTION AUTHORIZING THE CITY OF PASSAIC DIVISION OF HEALTH TO SUBMIT AN APPLICATION FOR $21,929 IN ADDITIONAL USDA FUNDING FOR THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC) FOR FFY 2025 WHEREAS, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Program’s mission is to safeguard the health of low-income women, infants and children who are at nutritional risk by providing vouchers for nutritious foods, nutrition education, breastfeeding education and support and community referrals; WHEREAS, the City of Passaic Division of Health has been the recipient of USDA funding through the NJ Department of Health for the Passaic WIC Program for over 40 years; WHEREAS, the grant provides necessary funding to provide WIC services for eligible clients residing in the City of Passaic and the surrounding communities; Page 23 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC WHEREAS, a total of $21,929 in additional grant funding is being offered by the NJ Department of Health to the City of Passaic Division of Health for FFY 2025; WHEREAS, the funding will permit support of additional fringe benefit coverage for WIC staff, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Passaic that Kenneth Pincus, Health Officer, is hereby authorized and directed to make an application to the NJ Department of Health & Senior Services to apply for additional funding for the Special Supplemental Nutrition Program Women, Infants and Children grant for FFY 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Melo the following RESOLUTIONS WERE OFFERED FOR ADOPTION CITY OF PASSAIC RESOLUTION NO. 25-04-103 RESOLUTION AUTHORIZING THE FILING OF THE CITY OF PASSAIC’S 2025 ANNUAL ACTION PLAN APPLICATION FOR FEDERAL ASSISTANCE UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS WHEREAS, the City of Passaic is entitled to receive federal financial assistance under the Community Development Block Grant (CDBG) and HOME Investment Page 24 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Partnership Program (HOME) for the Program Year 2025, which begins July 1, 2025 and ends June 30, 2026 and, WHEREAS, to secure continued financial assistance, it is necessary to file a One-Year Action Plan with the U.S. Department of Housing and Urban Development (HUD) and, WHEREAS, the City has yet to receive its’ funding notification for the Fiscal Year 2025 allocations from HUD’s Office of Community Planning and Development, we calculated the same allocations received in fiscal year 2024, amounts outlined below: Community Development Block Grant (CDBG) $1,227,560.00 Home Investment Partnership Program (HOME) $882,707.00 and, WHEREAS, once we receive our Fiscal Year 2025 funding allocations they are subject to either increase or decrease based on HUD’s final formula determinations; which implies the City will need to adjust its’ proposed activities and budget accordingly. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Passaic that: 1. The Program Year 2025 Action Plan is hereby approved based upon the estimated total amount of $2,110,267.00, which includes an entitlement of $1,227,560.00 under the CDBG Program and an entitlement of $882,707.00 under the HOME Investment Program. 2. The attached budget is herein incorporated by reference as if fully made a part hereof. 3. The Mayor of the City of Passaic, as Certifying Officer, is hereby authorized as follows: a. Should any comment received during the required public comment period concerning the Action Plan submission so warrant, to request the City Council of the City of Passaic to modify any portion of the attached budget; and b. To file the 2025 Action Plan submission with HUD; and Page 25 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC c. To serve as the authorized representative of the City of Passaic in connection with the application and to provide such additional information as may be required; and d. To execute contracts with HUD allowing for the expenditure of said funds pursuant to the terms of said contract; and e. To execute agreements with agencies indicated as recipients of the 2025 Action Plan funds in the attached “Listing of Proposed Budget/Projects” for the purpose specified therein on forms to be approved by the Community Development Attorney; and f. To execute agreements with eligible developers approved for assistance under the City’s New Construction HOME eligible activity in a form to be approved by the Community Development’s Attorney. The Secretary of U.S. Housing and Urban Development is hereby assured of full compliance by the City of Passaic. BE IT FURTHER RESOLVED, that the Mayor, City Clerk, and Department of Community Development 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. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X THE FOLLOWING ITEMS WERE VOTED ON BY ONE MOTION On a motion by Council Member Love and seconded by Council Member Colon-Montanez the following RESOLUTIONS WERE OFFERED FOR ADOPTION Page 26 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC CITY OF PASSAIC RESOLUTION NO. 25-04-104 RESOLUTION APPOINTING COMMISSIONERS AND ALTERNATE COMMISSIONERS TO ZONING BOARD OF ADJUSTMENT WHEREAS, the City Council of the City of Passaic appoints members to the Board of Zoning Adjustment pursuant to §29-8 of the City of Passaic Municipal Code; and WHEREAS, the City Council appointments of the following individuals to serve as Commissioners and Alternate Commissioners on the Zoning Board of Adjustment, with terms beginning immediately. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Passaic that the following individuals are hereby appointed to the Zoning Board of Adjustment: Term Position Name of Appointee Appointed By Expiration Commissioner Menachem Bazian Councilman Schwartz 12/31/2026 Commissioner Yolando Soto Councilman Garcia 12/31/2026 Sheila Woodson Commissioner Councilman Love 12/31/2026 Graham Commissioner Jaime Montanez Councilwoman Colon-Montanez 12/31/2027 Commissioner Rafael A Made Councilwoman Thania Melo 12/31/2026 Commissioner Moshe Stareshefsky Councilman Gary Schaer 12/31/2027 Commissioner Yaacov Brisman Councilman Chaim Munk 12/31/2026 Alternate Jaime Delgado Councilman Jose Garcia 12/31/2026 Commissioner Alternate Harold Hess Councilman Chaim Munk 12/31/2025 Commissioner Alternate Denee Rhodes Councilman Terrence Love 12/31/2025 Commissioner Page 27 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Term Position Name of Appointee Appointed By Expiration Alternate David M. Blumenthal Councilman Daniel Schwartz 12/31/2026 Commissioner BE IT FURTHER RESOLVED, that the terms of the appointments shall begin immediately as of the adoption of this resolution. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Page 28 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ORDINANCE FOR INTRODUCTION AND FIRST READING Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2482-25 ORDINANCE ADDING ARTICLE V, "LITHIUM-ION BATTERY SAFETY REGULATIONS," TO CHAPTER 139, "FIRE PREVENTION," OF THE CITY OF PASSAIC CODE WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce ordinances as it may deem necessary and proper for the good government, order and protection of person and property; and WHEREAS, the proliferation of lithium-ion batteries in powered mobility devices, including e-bikes and e- scooters, has created new fire safety challenges within the City of Passaic; and WHEREAS, lithium-ion batteries, particularly when improperly manufactured, charged, stored, or disposed of, pose significant fire safety risks to the residents and businesses of the City of Passaic; and WHEREAS, the Mayor and the City Council find it necessary to establish comprehensive safety regulations regarding the sale, storage, charging, and disposal of lithium-ion batteries to protect public safety; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Passaic that Chapter 139, "Fire Prevention," is hereby amended to add Article V, "Lithium-Ion Battery Safety Regulations," as follows: SECTION 1. Article V Lithium-Ion Battery Safety Regulations § 139-23 Definitions. Page 29 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC For purposes of this article, the following terms shall be defined as follows: LITHIUM-ION BATTERY Is a storage battery in which an electrical current is generated by lithium-ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte. POWERED MOBILITY DEVICES Battery-powered transportation devices, including but not limited to E-bikes, E-scooters, and other similarly powered mobility devices. RETAIL STORE Business establishment within the City of Passaic that is licensed to sell mobility devices, E-bikes, E-scooters, and replacement batteries to consumers. SECOND-USE LITHIUM-ION BATTERY Is a lithium-ion battery that has been assembled, repurposed, reconditioned or renewed using cells removed from used batteries. SPECIALIZED BIKE RETAILER (or BIKE SHOPS) Retail stores within the City of Passaic that exclusively sell powered mobility devices, related equipment and accessories, including but not limited to E- bikes, E-scooters, replacement batteries, and battery chargers. UNREGULATED LITHIUM-ION BATTERY Is a lithium-ion battery in a mobility device such as an electric bicycle or scooter that is not listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark). § 139-24 Sale of second-use lithium-ion batteries prohibited. A. It shall be unlawful to assemble or recondition a lithium-ion battery using cells removed from used storage batteries. B. It shall be unlawful to sell or offer for sale a lithium-ion battery that uses cells removed from used storage batteries. § 139-25 Unregulated lithium-ion batteries prohibited. Page 30 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC A. The sale of batteries for mobility devices such as electric bicycles or scooters is prohibited unless such batteries have been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark). B. Retail stores and specialized retail stores shall be prohibited from maintaining any unregulated lithium-ion batteries within its inventory located in the City of Passaic. § 139-26 Restrictions for retail stores. A. Retail stores shall be prohibited from selling any powered mobility device, including but not limited to E-bikes-scooters, and replacement lithium-ion batteries for any such mobility devices that have not been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark). B. The total inventoried stock of all mobility devices stored within a retail store within the City of Passaic cannot exceed 50 devices at any given time. C. Retail stores shall only be permitted to display one uncharged model of any mobility device powered by lithium-ion battery at any time. The battery for any such display devices within a retail store shall remain in its original packaging and shall be stored in a secured area within the establishment that complies with all safety requirements set forth in this article for lithium-ion battery storage and charging. D. All mobility devices, E-bikes, E-scooters, or other similar equipment that are powered by a lithium-ion battery must be sold in an uncharged state, in its original packaging. E. All mobility devices, other than display models, within the inventory of a retail store in the City of Passaic shall remain boxed and safely stored in its original packaging at all times. § 139-27 Restrictions for specialized bike retailers. A. Specialized bike retailers are prohibited from selling any powered mobility devices, E-bikes, E- Page 31 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC scooters, and/or replacement lithium-ion batteries for any such mobility devices that have not been listed and labeled by a nationally recognized testing laboratory or other approved organization such as the Underwriters Laboratories Mark (UL Mark). B. Specialized bike retailers shall install a fire- resistant metal storage cabinet of sufficient size to hold as many E-bike batteries as in stock. The cabinet is required to have self-closing, self- latching doors with flame-arresting vents. C. All lithium-ion batteries stored in a specialized bike retailer are to be stored in the fire-resistant cabinet at all times except when the battery packs are being charged for delivery to customers. D. Specialized bike retailers are prohibited from charging any lithium-ion batteries while they are stored inside the fire-resistant storage cabinet. Lithium-ion batteries are only permitted to be charged immediately prior to delivery to the customer. E. Specialized bike retailers are required to have a monitored fire alarm system. If the building is more than one story or of a mixed-use occupancy, the monitored fire alarm system shall extend into the common areas of the building and basement. § 139-28 Lithium-ion battery charging restrictions. A. Lithium-ion batteries shall be charged within a specialized bike retailer on a wheeled metal cart with a quick-disconnect function from a wall outlet. A surge proof power strip may be secured to the cart to accommodate the charging of additional lithium-ion batteries, if necessary. B. Specialized bike retailers shall have a thirty- two-gallon galvanized pail that is half filled with water, an eight-foot-by-eight-foot fireproof blanket, or a "Cell Block" lithium-ion battery containment tank in the immediate vicinity of the lithium-ion battery charging cart. C. Overnight and/or unattended charging of any lithium-ion batteries is prohibited. Page 32 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC D. At least one Class A, B, C fire extinguisher shall be mounted within easy reach of the charging station to extinguish any possible fire extension. § 139-29 Disposal of lithium-ion batteries. A. Proper disposal of lithium-ion batteries shall be in accordance with state and local regulations. B. Lithium-ion batteries are prohibited from being disposed of in the regular trash. § 139-30 Violations and penalties. A person or entity who violates any section within this article or any rule or regulation promulgated thereunder shall be liable for a civil penalty as follows: A. For first violation, a civil penalty of $250. B. For each subsequent violation issued for the same offense within two years of the date of the first violation, a civil penalty of $1,500. § 139-31 Enforcement. A. The City of Passaic Fire Department/Prevention Bureau shall be responsible for performing inspections of all specialized bike retailers within the City of Passaic every three months. B. The City of Passaic Fire Department/Prevention Bureau and the Passaic Police Department shall have the authority for the enforcement of all aspects of this article. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 4. This ordinance shall take effect upon final passage and publication as provided by law. Page 33 of 38  Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Love the public hearing be held on May 6, 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X Council President Schaer read said Ordinance by title: CITY OF PASSAIC ORDINANCE NO. 2481-25 ORDINANCE AMENDING THE DESIGNATION OF RESTRICTED PARKING FOR DISABLED PERSONS BY NJ LICENSE PLATE NUMBER WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per last ordinance was 405 Handicapped Parking Spaces. WHEREAS the total number of Handicapped Parking Spaces Restricted by New Jersey License Plate Number as per this ordinance is 403 Handicapped Parking Spaces. BE IT ORDAINED by the City Council of the City of Passaic and State of New Jersey that Chapter 295 ARTICLE XII Schedule XV shall be amended as follows: SECTION I 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the deletion of the following: DELETION: NAME OF STREET SIDE LOCATION PLATE # Page 34 of 38  Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 114 Autumn North Beginning at a point 16 X62EAE Street feet west of the westerly curbline of Lexington Avenue and extending to a point 23feet westerly therefrom 139 Autumn South Beginning at a point 452 B81MPC Street feet east of the easterly curbline of Central Avenue and extending to a point 22 feet easterly therefrom 98 Burgess Place North Beginning at a point 235 HJ9772 feet east of the easterly curbline of Main Avenue and extending to a point 25 feet easterly therefrom 138 Jefferson North Beginning at a point 61 G56NDF Street feet east of the easterly curbline of Hamilton Avenue and extending to a point 22 feet easterly therefrom 25 Linden Street West Beginning at a point 113 T89SHE feet south of the southerly curbline of Howe Avenue and extending to a point 24 feet southerly therefrom 197 Marietta South Beginning at a point 61 K71PTB Avenue feet west of the westerly curbline of Falstrom Court and extending to a point 20 feet westerly therefrom Page 35 of 38  Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC 47 Martha Place West Beginning at a point 44 7329HG feet south of the southerly curbline of Dead End and extending to a point 22 feet southerly therefrom SECTION II 295-32.2.Ord. Handicapped Parking Spaces Restricted by New Jersey License Plate Number shall be amended by the addition of the following: ADDITION: NAME OF STREET SIDE LOCATION PLATE # 139 Autumn South Beginning at a point 430 B81MPC Street feet east of the easterly curbline of Central Avenue and extending to a point 22 feet easterly therefrom 162 Gregory East Beginning at a point 99 Z84RAE Avenue feet north of the northerly curbline of Park Place and extending to a point 22 feet northerly therefrom 27 Linden Street West Beginning at a point 85 L96RYF feet south of the southerly curbline of Howe Avenue and extending to a point 22 feet southerly therefrom 197 Marietta South Beginning at a point 61 U92VLK Avenue feet west of the westerly curbline of Falstrom Court and extending to a point 20 feet westerly Page 36 of 38  Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC therefrom 166 Market East Beginning at a point 69 B53ULR Street feet north of the northerly curbline of Hudson Street and extending to a point 22 feet northerly therefrom 278 Monroe South Beginning at a point 110 WE827N Street feet west of the westerly curbline of Hamilton Avenue and extending to a point 22 feet westerly therefrom Council Member Love moved the Ordinance be approved on first reading. Motion was seconded by Council Member Melo the public hearing be held on May 6, 2025. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X PAYMENT OF BILLS On a motion by Council Member Love 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 X X X X X X X Page 37 of 38 Passaic City Council Minutes: April 22, 2025 Approved: October 9, 2025 PUBLIC MEETING OF THE CITY COUNCIL OF THE CITY OF PASSAIC ADJOURNMENT There being no further business to come before the Council, on a motion by Council Member Love and seconded by Council Member Melo the meeting was adjourned at 8:17 p.m. ROLL CALL Colon- Munk Love Melo Schwartz Garcia CP Schaer Montanez X X X X X X X ATTEST: APPROVED: Weatherly Frias, Gary S. Schaer, Municipal Clerk Council President Page 38 of 38