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Rahway City Council

Regular Meeting

Rahway, NJ · November 16, 2020

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Agenda

CITY OF RAHWAY NEW JERSEY MUNICIPAL COUNCIL AGENDA: COMBINED MEETING November 16, 2020 ~ 7:00 P.M. “Each person addressing the Council shall first give their name and address to the Clerk. All remarks shall be addressed to the Council as a body and not to any member thereof and, shall not exceed five (5) minutes in duration.” (Chapter 5-63 (C) Rules of Order No. 3) 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE and INVOCATION 2a. OPEN PUBLIC MEETING STATEMENT: This Meeting was called pursuant to the provisions of the Open Public Meetings Act. Notice of this meeting was sent to the Union County Local Source, Home News Tribune, and the Star Ledger. In addition, copies of notice were posted on the bulletin board in the Municipal Building and filed in the Office of the City Clerk. Notices on the bulletin board have remained continuously posted. Proper notice having been given the City Clerk is directed to include this statement in the minutes of this meeting. 3. PRESENTATIONS 4. MINUTES October 13, 2020 Regular Meeting 5. COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICERS AND BILL PAYMENT LIST 6. REPORTS OF COUNCIL COMMITTEES 7. HEARINGS OF CITIZENS: ITEMS ON AGENDA Except Ordinances on Second Reading. (Five Minutes per Speaker) 8. CONSENT AGENDA All items considered routine by the City Council will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or Citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence on the Agenda. 9. ORDINANCES - FIRST READING O-33-20 BOND ORDINANCE PROVIDING FOR THE PURCHASE OF AN AMBULANCE AND A 911 COMMAND CENTER SYSTEM FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $750,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $714,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF O-34-20 AN ORDINANCE AMENDING CHAPTER 5: ADMINISTRATION OF GOVERNMENT OF THE CODE OF THE CITY OF RAHWAY (SPECIAL-DUTY JOBS, HOURLY RATES/CHARGES) O-35-20 AN ORDINANCE AMENDING CHAPTER 401 VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF RAHWAY - TIME LIMIT PARKING O-36-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) 2 HOUR / RESIDENTIAL PERMIT PARKING O-37-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING (2001 Elizabeth Avenue) O-38-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING Combined Meeting of November 16, 2020 1 of 3 City of Rahway O-39-20 AN ORDINANCE AMENDING CHAPTER 209 FIRE PREVENTION OF THE CODE OF THE CITY OF RAHWAY O-40-20 BOND ORDINANCE PROVIDING FOR THE PURCHASE AND INSTALLATION OF OUTDOOR SHELTERS FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $150,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF O-41-20 AN ORDINANCE TO AMEND CHAPTER 73 (PERSONNEL POLICIES) ARTICLE I (MANAGEMENT EMPLOYEES) SECTION 73-3 (HOLIDAYS) OF THE CITY OF RAHWAY CODE TO JUNETEENTH AS AN OFFICIAL HOLIDAY 10. RESOLUTIONS Department of Administration AR-195-20 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO HEYER, GRUEL & ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES AS CONFLICT PLANNER WHEN AND IF NEEDED FOR PLANNING BOARD, ZONING BOARD AND RAHWAY REDEVELOPMENT AGENCY FOR CITY OF RAHWAY AR-196-20 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO T&M ASSOCIATES FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR CITY OF RAHWAY AR-197-20 RESOLUTION AUTHORIZING THE CITY OF RAHWAY TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH THE TOWNSHIP OF WOODBRIDGE COOPERATIVE AR-198-20 RESOLUTION AWARDING A CONTRACT FOR CONTROLLED SUBSTANCE/ ALCOHOL TESTING TO DYNAMIC TESTING SERVICE Department of Community Development AR-199-20 RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE TRANSPORTATION ALTERNATIVES PROGRAM AR-200-20 RESOLUTION AUTHORIZING THE RELEASE PERFORMANCE BOND ASSOCIATED WITH PLANNING BOARD APPLICATION 16/06 FOR 1019 W. LAKE AVENUE, BLOCK 115, LOTS 5.01, 5.021 AND 5.022 (FORMERLY LOTS 5.01 & 5.02) AR-211-20 RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT OF WATER BILLS NOVEMBER 2020 AR-212-20 RESOLUTION AUTHORIZING A PAYMENT TO BERTO CONSTRUCTION FOR EMERGENCY SEWER SYSTEM IMPROVEMENTS AT THE INTERSECTION OF ELM AVENUE AND IRVING STREET, PURSUANT TO N.J.S.A. 40A:11-6 Police Department AR-201-20 RESOLUTION AUTHORIZING THE EMERGENCY PURCHASE AND INSTALLATION OF A NEW OXYGEN GENERATION SYSTEM FOR THE CITY OF RAHWAY AR-202-20 RESOLUTION APPROVING THE PURCHASE AND INSTALLATION OF ADDITIONAL SECURITY CAMERAS TO THE EXISTING CAMERA NETWORK WITHIN THE CITY AR-203-20 RESOLUTION AUTHORIZING THE SALE OF UNUSED OR SEIZED CITY PROPERTY Department of Revenue and Finance AR-204-20 RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF THE CITY OF RAHWAY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) THOMAS GRAHILL CHARITABLE TRUST - $10,000.00 AR-205-20 CAPITAL BUDGET AMENDMENT AR-206-20 RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF THE CITY OF RAHWAY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) CARES ACT Grant - $2,000,000 Combined Meeting of November 16, 2020 2 of 3 City of Rahway AR-207-20 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF UNION TO RECEIVE REIMBURSEMENT FROM THE STIMULUS FUNDS FOR COVID-19 RELATED COSTS AND DAMAGES AR-208-20 RESOLUTION OF THE MUNICIPAL COUNCIL CONCERNING THE AUDIT REPORT FOR CALENDAR YEAR 2019 AR-209-20 RESOLUTION AUTHORIZING THE REFUND OF PAYMENT OF TAXES DUE TO THE GRANTING OF DISABLED VETERAN EXEMPTION AR-210-20 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES FOR 2018 & 2019 TAX LIENS 11. ORDINANCES – FINAL ADOPTION/SECOND READING 12. MISCELLANEOUS (Unfinished Business) 13. COMMUNICATIONS: Hearing of Citizens on Any Item (Five Minutes per Speaker) 14. COUNCIL COMMENT (Three Minutes per Member) 15. ADJOURNMENT Combined Meeting of November 16, 2020 3 of 3 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-33-20 BOND ORDINANCE PROVIDING FOR THE PURCHASE OF AN AMBULANCE AND A 911 COMMAND CENTER SYSTEM FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $750,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $714,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (not less than two- thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the City of Rahway, in the County of Union, State of New Jersey (the “City”). For the said improvements or purposes stated in Section 3, there is hereby appropriated the amount of $750,000, said amount being inclusive of $36,000 as the amount of down payment for said improvements or purposes as required by the Local Bond Law, N.J.S.A. §40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by virtue of a provision or provisions in a previously adopted budget or budgets of the City for down payment or for capital improvement purposes. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet the part of said $750,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the City are hereby authorized to be issued in the principal amount not exceeding $714,000 pursuant to, and #11804126.1(125869.009) within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the City in the principal amount not exceeding $714,000 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued are for the purchase of (i) a new ambulance, including ancillary equipment and upgrades, for the City of Rahway First Aid Emergency Squad, and (ii) a 911 Command Center System, including but not limited to, computers, cameras, monitors, software, workstations, servers, cables, switches, and ancillary equipment, for the Police Department of the City. (b) The estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $714,000. (c) The estimated cost of said improvements or purposes is $750,000, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefor, being the amount of $36,000 is composed of the down payment for said improvements or purposes. (d) All such improvements or purposes set forth in Section 3(a) shall include, but are not limited to, as applicable, all engineering and design work, consulting, surveying, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and also shall include all work, materials, equipment, accessories, labor and appurtenances necessary therefor or incidental thereto. O-33-20 2 of 7 City of Rahway SECTION 4. In the event the United States of America, the State of New Jersey, and/or the County of Union make a contribution or grant in aid to the City for the improvements and purposes authorized hereby and the same shall be received by the City prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Union. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Union shall be received by the City after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the City as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City, provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer of the City shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon O-33-20 3 of 7 City of Rahway receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The City hereby certifies that it has adopted a capital budget or temporary capital budget, as applicable. The capital budget or temporary capital budget, as applicable, of the City is hereby amended to conform with the provisions of this bond ordinance, and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, will be on file in the office of the Clerk and will be available for public inspection. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the City may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The average period of usefulness of said improvements within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is eight (8) years. O-33-20 4 of 7 City of Rahway (c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, Department of Community Affairs, State of New Jersey, and such statement shows that the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $714,000 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) An aggregate amount not exceeding $50,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the purposes or improvements herein before described. SECTION 8. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the bond or notes authorized by this bond ordinance. The bond and notes authorized in this bond ordinance shall be direct, unlimited obligations of the City and, unless paid from other sources, the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the principal of the bonds or notes and the interest thereon without limitation as to rate or amount. SECTION 9. The City reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the City's official intent to reimburse any expenditures toward the costs of the O-33-20 5 of 7 City of Rahway improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §1.150-2. All reimbursement allocations will occur not later than eighteen (18) months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized herein is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is “placed in service” (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three (3) years after the expenditure is paid. SECTION 10. The City covenants to maintain the exclusion from gross income under Section 103(a) of the Internal Revenue Code of 1986, as amended, of the interest on all tax-exempt bonds and notes issued under this bond ordinance. SECTION 11. The Chief Financial Officer of the City is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the City, which are authorized herein, and to execute such disclosure document on behalf of the City. The Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the City pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of bonds or notes of the City, and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the City fails to comply with its undertaking, the City shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. O-33-20 6 of 7 City of Rahway SECTION 12. This bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, as provided by the Local Bond Law. O-33-20 7 of 7 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-34-20 AN ORDINANCE AMENDING CHAPTER 5: ADMINISTRATION OF GOVERNMENT OF THE CODE OF THE CITY OF RAHWAY (SPECIAL-DUTY JOBS, HOURLY RATES/CHARGES) NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Rahway that the Code be and is hereby amended in that Chapter 5 “Administration of Government,” Article XVII “Department of Police,” Section § 5-71 Special-duty jobs, salary and vehicle fees that the current language shall be deleted in its entirety and replaced with the additions noted by underline below: Section 1. (5) Hourly rates/charges. (a) Subject to the provisions of Subsection E(5)(b), below, the hourly rate/charge payable to police officers for special duty assignments performed within the City of Rahway shall be as follows: Job Rate Per Hour Under 8 Hours Traffic Assignments $75 Emergency Traffic $90 City Traffic Assignments $50 City Emergency Traffic $65 Security Assignments $40 Nonrecurring Security $55 Special Security $32.50 For any job that exceeds eight hours, the officer will be compensated at a rate of time and one-half the aforementioned rate per hour. Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-34-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-35-20 AN ORDINANCE AMENDING CHAPTER 401 VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF RAHWAY - TIME LIMIT PARKING NOW, THEREFORE, be it ordained, by the City Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. “Chapter 401: Vehicles and Traffic, 401-75 Schedule XVI: Time Limit Parking ADD: Name of Street Time Limit/Hours/Days Location Irving Street 15 mins / ALL From the apex of E Milton to 140 feet North on East side of Irving Street Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-35-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-36-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) 2 HOUR / RESIDENTIAL PERMIT PARKING NOW, THEREFORE, be it ordained, by the City Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. “Chapter 401: Vehicles and Traffic, 401-84 Schedule XXV: Add: Montgomery Street Both Sides 7:00 a.m. to 6:00 p.m./Mon. through Fri. From East Milton to Dead End Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-36-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-27-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING NOW, THEREFORE, be it ordained, by the City Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. “Chapter 401: Vehicles and Traffic, § 401-79 Schedule XXI: Handicapped Parking Add: In front of 2001 Elizabeth Avenue North Side – From the apex of West Scott Ave heading south 158’ and extending to a point 22’ south thereof. Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-37-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-38-20 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING NOW, THEREFORE, be it ordained, by the City Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. “Chapter 401: Vehicles and Traffic, 401-79 Schedule XXI: Handicapped Parking DELETE: 1076 Fulton Street (added) 02-12-18 by Ord No. O-01-18 527 Union Street (added) 9-11-17 by Ord No. O-24-17 1528 Totten Street (added) 12-11-00 by Ord No. O-62-00 99 E. Emerson Ave (added) 2-10-14 by Ord No. O-1-14 277 Lafayette St (added) 05-13-2019 by Ord No. O-07-19 Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-38-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-39-20 AN ORDINANCE AMENDING CHAPTER 209 FIRE PREVENTION OF THE CODE OF THE CITY OF RAHWAY NOW, THEREFORE, be it ordained, by the City Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. “Chapter 401: Fire Prevention, § 209-91. Schedule I: Fire Zones and Fire Lanes Add: 81 Monroe Street Fire Lane zone beginning on Monroe Street from apex of East Cherry Street continuing north on the west side of the street uninterrupted for 353 feet. Add: Fire Lane on Monroe Street from apex of East Cherry Street heading North on the east side of the street traveling a distance of 117 feet. Section 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 3. If any section, subsection, sentence, clause, phrase, or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall become effective after second reading and publication as required by law. O-39-20 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-40-20 BOND ORDINANCE PROVIDING FOR THE PURCHASE AND INSTALLATION OF OUTDOOR SHELTERS FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (THE “CITY”); APPROPRIATING $150,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $142,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COSTS THEREOF BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY (not less than two- thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the City of Rahway, in the County of Union, State of New Jersey (the “City”). For the said improvements or purposes stated in Section 3, there is hereby appropriated the amount of $150,000, said amount being inclusive of $7,500 as the amount of down payment for said improvements or purposes as required by the Local Bond Law, N.J.S.A. §40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by virtue of a provision or provisions in a previously adopted budget or budgets of the City for down payment or for capital improvement purposes. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet the part of said $150,000 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the City are hereby authorized to be issued in the principal amount not exceeding $142,500 pursuant to, and O-40-20 1 of 6 City of Rahway within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the City in the principal amount not exceeding $142,500 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued are for the purchase and installation of 25’ x 25’ foot outdoor shelters to be located throughout the downtown area of the City for the distribution of items related to COVID-19. (b) The estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $142,500. (c) The estimated cost of said improvements or purposes is $150,000, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefor is the amount of $7,500 appropriated for the down payment for said improvements or purposes. (d) All such improvements or purposes set forth in Section 3(a) shall include, but are not limited to, as applicable, all engineering and design work, consulting, surveying, environmental testing and remediation, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and also shall include all work, materials, equipment, accessories, labor and appurtenances necessary therefor or incidental thereto. SECTION 4. In the event the United States of America, the State of New Jersey, and/or the County of Union make a contribution or grant in aid to the City for the improvements and purposes authorized hereby and the same shall be received by the City O-40-20 2 of 6 City of Rahway prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Union. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Union shall be received by the City after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the City as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the City, provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer of the City shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the O-40-20 3 of 6 City of Rahway notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The City hereby certifies that it has adopted a capital budget or temporary capital budget, as applicable. The capital budget or temporary capital budget, as applicable, of the City is hereby amended to conform with the provisions of this bond ordinance, and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, will be on file in the office of the Clerk and will be available for public inspection. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the City may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The average period of usefulness of said improvements within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is fifteen (15) years. (c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the City and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local O-40-20 4 of 6 City of Rahway Government Services, Department of Community Affairs, State of New Jersey, and such statement shows that the gross debt of the City as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $142,500 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) An aggregate amount not exceeding $30,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the purposes or improvements herein before described. SECTION 8. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the bond or notes authorized by this bond ordinance. The bond and notes authorized in this bond ordinance shall be direct, unlimited obligations of the City and, unless paid from other sources, the City shall be obligated to levy ad valorem taxes upon all the taxable property within the City for the payment of the principal of the bonds or notes and the interest thereon without limitation as to rate or amount. SECTION 9. The City reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the City's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations §1.150-2. All reimbursement allocations will occur not later than eighteen (18) months after O-40-20 5 of 6 City of Rahway the later of (i) the date the expenditure from a source other than any bonds or notes authorized herein is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is “placed in service” (within the meaning of Treasury Regulations §1.150-2) or abandoned, but in no event more than three (3) years after the expenditure is paid. SECTION 10. The City covenants to maintain the exclusion from gross income under Section 103(a) of the Internal Revenue Code of 1986, as amended, of the interest on all tax-exempt bonds and notes issued under this bond ordinance. SECTION 11. The Chief Financial Officer of the City is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the City, which are authorized herein, and to execute such disclosure document on behalf of the City. The Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the City pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of bonds or notes of the City, and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the City fails to comply with its undertaking, the City shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. SECTION 12. This bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, as provided by the Local Bond Law. O-40-20 6 of 6 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-41-20 AN ORDINANCE TO AMEND CHAPTER 73 (PERSONNEL POLICIES) ARTICLE I (MANAGEMENT EMPLOYEES) SECTION 73-3 (HOLIDAYS) OF THE CITY OF RAHWAY CODE TO DESIGNATE JUNETEENTH AS AN OFFICIAL HOLIDAY WHEREAS, Juneteenth is the oldest recognized celebration of observing the freedom of African American from slavery in the United States. Juneteenth is a historic milestone reminding Americans of the triumph of the human spirit over the harshness of slavery and the basic civil right of freedom and equality for all; and WHEREAS, the Emancipation Proclamation was issued on September 22, 1862, with an effective date of January 1, 1863, but it had minimal immediate effect on the majority of enslaved people who remained in captivity and oppressed by slave owners; and WHEREAS, on June 19, 1865, Union General Gordan Granger and 2,000 Union soldiers arrived in Confederate-controlled Texas to take possession of the state and to enforce the emancipation of enslaved people throughout the state; and WHEREAS, two years, five months and eighteen days after President Abraham Lincoln signed the Emancipation Proclamation, the last of those enslaved within the borders of the United States were freed; and WHEREAS, the word “Juneteenth” became the name for the joyous celebration of freedom from slavery as a result of the words “June Nineteenth” combined together in speech; and WHEREAS, Juneteenth is celebrated in more than 205 American cities and is officially recognized by 46 states including New Jersey; and WHEREAS, the City of Rahway is proud to recognize Juneteenth as an official City holiday, which will help support the movement to recognize Juneteenth as a national holiday. NOW THEREFORE, BE IT ORDAINED, by the Municipal Council of the City of Rahway, County of Union and State of New Jersey as follows: SECTION 1: That Section 73-3 (Holidays) of the City of Rahway Code be amended that it shall read as follows (with permanent amendments in bold front): (a) Management employees shall be entitled to the following holidays with pay, and said holidays are hereby designated as official holidays of the City of Rahway: New Years’ Day Martin Luther King Day President’s Day Good Friday Memorial Day O-41-20 1 of 2 City of Rahway Juneteenth Independence Day Labor Day Columbus Day General Election Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Floating Holiday SECTION 2: That amendments in this ordinance shall become effective and the Juneteenth holiday will be observed beginning June 19, 2021. SECTION 3: That if any portion of this Chapter, or its application to any circumstances, is held invalid, the remaining portions shall be considered severable, and shall be given effect to the maximum extent possible. O-41-20 2 of 2 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-195-20 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO HEYER, GRUEL & ASSOCIATES FOR PROFESSIONAL PLANNING SERVICES AS CONFLICT PLANNER WHEN AND IF NEEDED FOR PLANNING BOARD, ZONING BOARD AND RAHWAY REDEVELOPMENT AGENCY FOR CITY OF RAHWAY WHEREAS, under the provisions of P.L. 2004, c.19, known as the “New Jersey Local Unit Pay-To-Play Law,” the City conducted a fair and open process to select a firm to provide professional planning services; and WHEREAS, there is a need to appoint a “conflict planner” for the Planning Board, Zoning Board and Rahway Redevelopment Agency; and WHEREAS, a Request for Qualifications under the “fair and open” process was solicited in compliance with N.J.S.A.19:44-A-20.4 et seq; and WHEREAS, Heyer, Gruel & Associates responded to a request for qualifications pursuant to the fair and open process and has been deemed qualified to perform services WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that resolutions authorizing the award of contracts for a professional service be publicly advertised. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey as follows: 1. Heyer, Gruel & Associates has submitted a response to the Request for Qualifications for professional planning services and has been deemed qualified to provide professional planning services to the City of Rahway. 2. Heyer, Gruel & Associates has extensive experience in professional planning services; and 3. Heyer, Gruel & Associates has proposed a fee in an amount pursuant to the rates established in response to the request for proposal as detailed in the attached proposal. 4. A contract is hereby awarded to Heyer, Gruel & Associates without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5) and under the fair and open process of the Local Unit Pay-To-Play Law (N.J.S.A. 19:44A-20.4). BE IT FURTHER RESOLVED that Mayor and City Clerk are hereby authorized to execute any and all documents related to said engagement. AR-195-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-196-20 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO T&M ASSOCIATES FOR PROFESSIONAL ENVIRONMENTAL SERVICES FOR CITY OF RAHWAY WHEREAS, under the provisions of P.L. 2004, c.19, known as the “New Jersey Local Unit Pay-To-Play Law,” the City conducted a fair and open process to select a firm to provide professional environmental services; and WHEREAS, there is a need for environmental engineering services as it relates to issues regarding polyfluoroalkyl substances; and WHEREAS, a Request for Qualifications under the “fair and open” process was solicited in compliance with N.J.S.A.19:44-A-20.4 et seq; and WHEREAS, T&M Associates responded to a request for qualifications pursuant to the fair and open process and has been deemed qualified to perform services WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that resolutions authorizing the award of contracts for a professional service be publicly advertised. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey as follows: 1. T&M Associates has submitted a response to the Request for Qualifications for professional environmental services and has been deemed qualified to provide professional environmental services to the City of Rahway. 2. T&M Associates has extensive experience in professional environmental services; and 3. T&M Associates has proposed a fee in an amount not to exceed $25,000.00 for 1 year as detailed in the attached proposal. 4. A contract is hereby awarded to T&M Associates without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5) and under the fair and open process of the Local Unit Pay-To-Play Law (N.J.S.A. 19:44A-20.4). BE IT FURTHER RESOLVED that Mayor and City Clerk are hereby authorized to execute any and all documents related to said engagement. AR-196-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-197-20 RESOLUTION AUTHORIZING THE CITY OF RAHWAY TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH THE TOWNSHIP OF WOODBRIDGE COOPERATIVE WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and WHEREAS, the Township of Woodbridge, hereinafter referred to as the “Lead Agency " has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; and WHEREAS, the governing body has duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey as follows: 1. This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the City of Rahway. 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor and City Clerk are hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. 4. This resolution shall take effect immediately upon passage. AR-197-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-198-20 RESOLUTION AWARDING A CONTRACT FOR CONTROLLED SUBSTANCE/ ALCOHOL TESTING TO DYNAMIC TESTING SERVICE WHEREAS, the City of Rahway has a need to contract for controlled substance/ alcohol testing; and WHEREAS, the anticipated term of this contract is 1 year (1/1/2021 thru 12/31/2021). NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey hereby authorizes the Mayor and Municipal Clerk to enter into a service contract with Dynamic Testing Service, 230 Main St., Suite C, Toms River, NJ 08753 in an amount not to exceed $370.00 per month. Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which states that there are legally appropriated sufficient funds within the Current Fund – Account, to cover the cost of this contract. AR-198-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-199-20 RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION FOR THE NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT FOR THE TRANSPORTATION ALTERNATIVES PROGRAM WHEREAS, Rahway is applying for funding to conduct pedestrian safety and quality of life improvements along East Cherry Street within Rahway; and WHEREAS, the project will help to continue to improve the promotion and encouragement of pedestrian and bicycle access and safety for residents and commuters in downtown Rahway and those utilizing the train station; and WHEREAS, maintenance of the facility, once constructed, will be assumed by Rahway with the exception of (1) local ordinances that places maintenance responsibility with each individual property owner, and (2) those crosswalks on State or County Highways, where applicable; and WHEREAS, the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as TA-2020-Rahway City-00071 to the New Jersey Department of Transportation on behalf of the City of Rahway. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that it hereby supports the submission of a grant application for the Transportation Alternatives Set-Aside Program within the State of New Jersey Department of Transportation and authorizes the Mayor, Business Administrator and the Municipal Clerk to execute any and all documents necessary and related to the submission of said grant application or grant agreement. AR-199-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-200-20 RESOLUTION AUTHORIZING THE RELEASE PERFORMANCE BOND ASSOCIATED WITH PLANNING BOARD APPLICATION 16/06 FOR 1019 W. LAKE AVENUE, BLOCK 115, LOTS 5.01, 5.021 AND 5.022 (FORMERLY LOTS 5.01 & 5.02) WHEREAS, Planning Board application no. 16/06 was approved for improvements to 1019 W. Lake Avenue, Block 115, Lots 5.01, 5.021, and 5.022 (formerly known as Block 115, Lots 5.01 and 5.02); and WHEREAS, the applicant, Ralph Ortiz, provided a Performance Bond in the amount of $22,303.20 to guaranty completion of the approved improvements; and WHEREAS, the Performance Bond was issued as No. S15378 by First Indemnity of America Insurance Company, 119 Littleton Road, Parsippany, NJ 07054 on September 10, 2009; and WHEREAS, the City Engineer has confirmed that the work has been completed and recommends that the Performance Bond No. S15378 for 1019 W. Lake Avenue, Rahway NJ 07065 be released; and WHEREAS, the City Engineer has confirmed that a Maintenance Bond is not be required for this application. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the City Clerk is authorized and directed to release Performance Bond No. S15378 in the amount of twenty-two thousand three hundred three dollars and twenty cents ($22,303.20) to Ralph Ortiz for completed improvements to 1019 W. Lake Avenue, Block 115, Lots 5.01, 5.021, and 5.022 (formerly known as Block 115, Lots 5.01 and 5.02), in associated with Planning Board Application 16/06. AR-200-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-201-20 RESOLUTION AUTHORIZING THE EMERGENCY PURCHASE AND INSTALLATION OF A NEW OXYGEN GENERATION SYSTEM FOR THE CITY OF RAHWAY WHEREAS, the current oxygen generation system is currently out of service and cannot be repaired; and WHEREAS, replacing the oxygen generation system is essential as it is used by EMS, Police and Fire Units that respond on a daily bases throughout the City to emergency medical calls, that include Covid19 cases; and WHEREAS, three vendors were contact for quotes on the “Oxy-Gen 1200 Oxygen System”, they include Air & Gas Technologies Inc., VA Tomco Enterprises, Inc. and Spec Chem LLC; and WHEREAS, after receiving the three quotes on the “Oxy-Gen 1200 Oxygen System”, it has been determined that Air & Gas Technologies Inc. provided the best price. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the purchase of the new oxygen generation system for the City of Rahway from Air & Gas Technologies Inc., 42 Industrial Drive, Cliffwood Beach, NJ 07735 is hereby authorized for an amount not to exceed $50,250.00. Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which states that there are legally appropriated sufficient funds within the Current Fund, Account Number 04-215-55-702-107 to cover the cost. This certification is required on all contracts as per regulations of the Director of Local Government Services. AR-201-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-202-20 RESOLUTION APPROVING THE PURCHASE AND INSTALLATION OF ADDITIONAL SECURITY CAMERAS TO THE EXISTING CAMERA NETWORK WITHIN THE CITY WHEREAS, the additional surveillance cameras will improve public safety; and WHEREAS, it has been determined that Johnston Communications Voice & Data is best qualified to provide such equipment/service under UCCP Union County Cooperative Pricing System (UCCP #41-2017). NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the purchase and installation of equipment for the City of Rahway from Johnston Communications, P.O. Box 390, Kearny NJ 07032, in an amount not to exceed $49,436.60 Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which states that there are legally appropriated sufficient funds within the Current Fund, Account 04-215-55-702-107 to cover the cost of this contract. This certification is required on all contracts as per regulations of the Director of Local Government Services. AR-202-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-203-20 RESOLUTION AUTHORIZING THE SALE OF UNUSED OR SEIZED CITY PROPERTY WHEREAS, pursuant to N.J.S.A.40A:11-36, “Sale or other disposition of personal property,” the governing body may authorize the public sale of municipal owned property no longer needed for public use; and WHEREAS, the City of Rahway has determined that certain property, listed and described below, is no longer needed for public use; and WHEREAS, the sale will be conducted online and the address of the auction site is www.USGovBid.com; and WHEREAS, the sales are being conducted pursuant to the Division of Local Government Services’ Local Finance Notice 2008-9; and WHEREAS, the sale of surplus property shall be conducted through USGovBid pursuant to the contract approved by Resolution AR-188-20 in accordance with the terms and conditions of contract; and WHEREAS, the terms and conditions of the agreement entered into with USGovBid is available on-line at; www.USGovBid.com and placed on file and available for public inspection in the City of Rahway Police Department. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey hereby authorizes a Public Auction to be held online beginning Saturday, November 20, 2020 at 9 a.m. and will end on Wednesday, November 24, 2020 at 7 p.m. Inspection of the property to be auctioned will be available online at www.usgovbid.com and by appointment. The following items intend to be sold: VEHICLE VIN 2002 Chevrolet Suburban 3GNGK26U42G270711 2009 Dodge Charger 2B3KA43T69H597586 1997 International Eldorado Bus 1HUBEABM2VH480450 2006 Dodge Charger 2B3KA43G86H359947 2003 Ford Pickup F250 1FTNW21L83ED58334 2007 Dodge Charger 2B3KA43G87H770881 2008 Nissan Altima 1N4AL24E68C186981 2001 Dodge RAM Pkup 3B6MF36601M546068 2009 Dodge Charger 2B3KA43T69H597586 2009 Dodge Charger 2B3KA43T89H597587 AR-203-20 1 of 3 City of Rahway Miscellaneous Items/Equipment - VDC Display System Marquee 9500LC Ultra: Model#38-P15298-08 S/NJ9518105108 - Sony 42” Television Model KE-42MI S/N9000005 - 3 HP Compaq LE1911 Monitors S/N’s CNC120QDFR/CNC116PR2Y/CNC116PR3V - 1 Xerox Laser printer Phaser 3150 S/NVDW790394 - 2 HP Inkjet 2300 printers S/N’s CN58Q330SG/CN58Q330JF - Toro Lawn Mower 30627-240000241 - Toro Lawn Mower 3079520391 - Coats tire machine 5065AX - Coats tire machine 40-40SA - Bag of misc. watches - Bags of costume jewelry - Misc. gold jewelry -75g - Misc. silver jewelry-65g - Silver colored heart shaped jewelry box - Misc. Apple cell phones - Misc. Samsung cell phones - Misc. cell phones - Misc. electronic products - Misc. Sports cards - Misc. Laptops and Tablets - Misc. Cameras and Camera Products - Misc. Makeup - Misc. Coins Meridian Nortel Phones M7208 – 65 with handsets (black) M7324 – 8 with handsets (black) M7100 – 2 with handsets (black) M7310 – 16 with handsets (black) Sidecar – 1 (black) T7208 – 1 (black) T7316 – 7 with handset (black) 2500 – 23 with handset and cord (beige – desk set) 1 with handset and cord (beige – wall mount) 35 handsets (black) Books and phone buttons Bicycles to be auctioned Make Boys/Girls Serial # Next Boys 8575-186 Mongoose Boys D4T712010 AR-203-20 2 of 3 City of Rahway Hyper Boys TC19H039098 Windsor Boys 170301852 Scooter Boys S65G50181003320 Next Boys LWCMIL24772 Genesis Boys GS170111090 Pacific Boys CA7C4686 Royal Union Boys W930241404 Schwinn Girls 17J11187 Avigo Boys G150412405 Trek Boys TB0406C44AU613 Raleigh Girls 07F0009137 Unk. BMX Girls No Serial # Schwinn Boys SNIDC10H12525 Mongoose Boys SNESD17C96117 Giant Boys C32CS814 Huffy Boys SNHTL17H33031 Mongoose Boys FSD0815AF GMC Boys FSD0815AF Magna Boys DJD000374 Dyno Girls SNF5D08AF9514 MTB Stow Boys YLA15296 Magna Girls 96TD505570 E-21 Boys ACA1E005805 Babyliss Boys K099102199 Schwinn Girls C07F20009G62780 Kink Boys ACA17F001650 Hot Wheels Boys DWFC009040 Pacific Girls HI0985383 Mongoose Boys SNFSD15BM0442 No Make Boys JDBMXTYPE No Make Boys G1508114741 Pacific Boys C38T3105 Kent Girls GS150302918 Schwinn Girls CSC3E47128 Chaos Boys HS101221956 Roadmaster Boys SNFSD13AF7805 Genesis Boys DJKB051828 Mongoose Boys SNFSD06A89099 Hello Kitty Girls DJTD111623 Gary Fisher Boys TBT02850226 Kent Boys B8130413609 Kent Boys G1703107235 Scooter Uni NM1010030061110706077 Scooter Uni No Serial # AR-203-20 3 of 3 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No.: AR-204-20 RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF THE CITY OF RAHWAY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) THOMAS GRAHILL CHARITABLE TRUST - $10,000.00 WHEREAS, N.J.S.A. 40A: 4-87 provided that the Director of Local Government Services may approve the insertion of any special item of revenue in the Budget of any County or Municipality when such items shall have been made available by law and the amount thereof was undetermined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amounts. Section 1. NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Rahway hereby requests that the Director of Local Government Services to approve the insertion of an item of revenue in the Calendar Year 2020 Budget, in the sum of $10,000.00 which is now available as revenue from: PUBLIC & PRIVATE REVENUES – OFFSET BY APPROPRIATIONS: Thomas Grahill Charitable Trust - $10,000.00 Section 2. BE IT FURTHER RESOLVED that a like sum of $10,000.00 and the same is hereby appropriated under the caption of General Appropriations Excluded from “CAPS” PUBLIC & PRIVATE PROGRAMS – OFFSET BY REVENUES: Thomas Grahill Charitable Trust - $10,000.00 Section 3. BE IT FURTHER RESOLVED that the above is a result of a grant from the RSI Bank - Rahway NJ BE IT FURTHER RESOLVED that three (3) certified copies of this resolution be submitted to the Director of the Division of Local Government Services. AR-204-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-205-20 CAPITAL BUDGET AMENDMENT WHEREAS, the local budget for the Calendar Year 2020 has been adopted; and WHEREAS, it is desired to amend the adopted capital budget section for CY 2020. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, that the following amendment to the adopted capital budget be made: FROM CAPITAL BUDGET (CURRENT YEAR ACTION ) 2020 Planned funding Services for Current Year Estimated Amount 2020 Capital To be Total Reserved Budget Improvement Capital Debt Funded in Project Cost Prior Years Appropriation Fund Surplus Grants Authorized Future Years 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - - - - - - - - - - - - Total All Projects - - - - - - - - AR-205-20 1 of 4 City of Rahway FROM Anticipated Project Schedule and Funding Requirements Funding Amounts per Year Estimated Estimated Total Completion SFY SFY SFY SFY SFY SFY Project Cost Time 2020 2021 2022 2023 2024 2025 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total All Projects - - - FROM Summary of Anticipated Funding Sourced and Amounts Planned funding Services for Current Year 2020 Estimated Capital Total Current Future Improvement Capital Self Project Cost Year Years Fund Surplus Grants General Liquidating Assessment School 0 - - - - 0 - - - - 0 - - - - - - - - - 0 - - - - - - - - - - - - - - - - - - - - - - - Total All Projects - - - - - - - - - - AR-205-20 2 of 4 City of Rahway TO CAPITAL BUDGET (CURRENT YEAR ACTION ) 2020 Planned funding Services for Current Year Estimated Amount 2020 Capital To be Total Reserved Budget Improvement Capital Debt Funded in Project Cost Prior Years Appropriation Fund Surplus Grants Authorized Future Years Acquisition of Ambualance and 911 System 750,000 36,000 - 714,000 Construction of Downtown Canopy 150,000 7,500 - 142,500 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Total All Projects 900,000 - - 43,500 - - 856,500 - TO Anticipated Project Schedule and Funding Requirements Funding Amounts per Year Estimated Estimated Total Completion SFY SFY SFY SFY SFY SFY Project Cost Time 2020 2021 2022 2023 2024 2025 Acquisition of Ambualance and 911 System 750,000 750,000 - - - - - Construction of Downtown Canopy 150,000 150,000 - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - 0 - - - - - - - - - - - - - - Total All Projects 900,000 - 900,000 - - - - - AR-205-20 3 of 4 City of Rahway TO Summary of Anticipated Funding Sourced and Amounts Planned funding Services for Current Year 2020 Estimated Capital Total Current Future Improvement Capital Self Project Cost Year Years Fund Surplus Grants General Liquidating Assessment School Acquisition of Ambualance and 911 System 750,000 36,000 - 714,000 - Construction of Downtown Canopy 150,000 7,500 - 142,500 - 0 - - - - - 0 - - - - 0 - - - - 0 - - - - 0 - - - - - - - - 0 - - - - - Total All Projects 900,000 - - 43,500 - - 856,500 - - - BE IT FURTHER RESOLVED that three copies of this resolution be filed forthwith in the office of the Director of Local Government Services. AR-205-20 4 of 4 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No.: AR-206-20 RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF THE CITY OF RAHWAY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) CARES ACT Grant - $2,000,000 WHEREAS, N.J.S.A. 40A: 4-87 provided that the Director of Local Government Services may approve the insertion of any special item of revenue in the Budget of any County or Municipality when such items shall have been made available by law and the amount thereof was undetermined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amounts. Section 1. NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Rahway hereby requests that the Director of Local Government Services to approve the insertion of an item of revenue in the Calendar Year 2020 Budget, in the sum of $2,000,000 which is now available as revenue from: PUBLIC & PRIVATE REVENUES – OFFSET BY APPROPRIATIONS: CARES ACT Grant - $2,000,000 Section 2. BE IT FURTHER RESOLVED that a like sum of $2,000,000 and the same is hereby appropriated under the caption of General Appropriations Excluded from “CAPS” PUBLIC & PRIVATE PROGRAMS – OFFSET BY REVENUES: CARES ACT Grant - $2,000,000 Section 3. BE IT FURTHER RESOLVED that the above is a result of a grant from the United States Congress/ County of Union BE IT FURTHER RESOLVED that three (3) certified copies of this resolution be submitted to the Director of the Division of Local Government Services. AR-206-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No.: AR-207-20 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF UNION TO RECEIVE REIMBURSEMENT FROM THE STIMULUS FUNDS FOR COVID-19 RELATED COSTS AND DAMAGES WHEREAS, the United States Congress has enacted the Coronavirus Aid Relief and Economic Security Act (the “CARES Act”) for, among other reasons, providing relief for economic damage caused to states, counties and municipalities by the COVID-19 health crisis; and WHEREAS, the County of Union has received CARES Act funds from the United States Treasury (the Stimulus Funds”) to be used to reimburse the County and municipalities and agencies within the County, including the City of Rahway, due to economic damage caused by the COVID-19 health crisis; and WHEREAS, the Freeholders of the County of Union have determined that it is in the best interest of the citizens of Union County to dedicate a share of the funding to reimburse municipalities for COVID-19 related costs and expenses under the Stimulus Funds through a reimbursement agreement; and WHEREAS, the City of Rahway wishes to enter into agreement with the County of Union to receive reimbursement from the Stimulus Funds for COVID-19 related costs and damages, to the extent available and applicable, in an amount not to exceed $2,000,000.00 for the period of March 1, 2020 through December 30, 2020. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the Mayor or designee and City Clerk are hereby authorized to execute a Reimbursement Agreement with the County of Union according to the terms and conditions and in substantially the form attached hereto; and BE IT FURTHER RESOLVED that the City Administrator and/or Chief Financial Officer of the City is hereby authorized to execute any and all additional documents necessary to effectuate the Reimbursement Agreement. AR-207-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-208-20 RESOLUTION OF THE MUNICIPAL COUNCIL CONCERNING THE AUDIT REPORT FOR CALENDAR YEAR 2019 WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the calendar year 2019 has been filed by a Registered Municipal Accountant with the City Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations”, and WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations”, as evidenced by the group affidavit form of the governing body attached hereto; and WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: AR-208-19 1 of 2 City of Rahway R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED that the Municipal Council of the City of Rahway, County of Union, State of New Jersey, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. AR-208-19 2 of 2 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No.: AR-209-20 RESOLUTION AUTHORIZING THE REFUND OF PAYMENT OF TAXES DUE TO THE GRANTING OF DISABLED VETERAN EXEMPTION WHEREAS, property known as Lot(s) 04, in City Block 268, more commonly known as 2207 Allen Street, in Rahway, NJ is 50% co-owned by Aubyn Rutherford; and WHEREAS, Aubyn Rutherford, who had qualified as a one hundred percent Disabled Veteran under the provision of the N.J.S.A. 54: 4-3.30, causing his property to be exempt from taxation at the local level beginning with the 4th Quarter Calendar Year 2020 as verified by the Tax Assessor; and WHEREAS, the Tax Bills for the four quarters of Calendar Year 2020 were generated from the 2019 Assessor's Tax Lists, as required under regulations promulgated by the New Jersey Division of Local Government Services in The Department of Community Affairs pursuant to N.J.S.A. 54:4-64, thus presenting this property owner with a tax bill for the calendar year 2020, while the property is correctly classified as being Tax Exempt commencing with 4th quarter of 2020. NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the Tax Collector be, and he hereby is, authorized and directed to cancel half of the 2020 annual taxes of $11,495.50 as Aubyn Rutherford is 50% co-owner, in the amount of up to $5,747.75 as well as the first two quarters of 2021, which have yet to be billed under a new 50% Exempt (X) line item and refund the amount paid for the four quarters of 2020 in the amount paid not to exceed $5,747.75, which represents 50% of taxes owed on the property known and designated as Lot(s) 04, in Township Block 268. AR-209-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-210-20 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES FOR 2018 & 2019 TAX LIENS WHEREAS, the City of Rahway held a Tax Lien Sale on and December 7, 2018, and December 6, 2019 for unpaid Calendar Year Taxes and Municipal Charges, and various Tax Sale Certificates were struck off and sold to the following Lien Holders, on the following Block and Lots; and WHEREAS, the owners of said properties has paid all money due to the Tax Collector for the Redemption of said Tax Sale Certificates. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the City Clerk be and is hereby authorized and directed to draw a warrant on the Chief Financial Officer in the following names and amounts to refund said money. BE IT FURTHER RESOLVED that the Chief Financial Officer deliver the checks to the Municipal Tax Collector to be delivered to said persons, after proper notation of the refund has been made on the tax records. 2018 Tax Liens BLOCK/LOT PROPERTY ADDRESS CERT OWNER REFUND PREMIUM 52 14 465 Cornell Ave US Cust Tower DB VIII Trust 2018 $35,423.78 $32,000.00 50 S 16th Street Suite 2050 Philadelphia PA 19102-2513 Certificate 2018-0002 2019 Tax Liens BLOCK/LOT PROPERTY ADDRESS CERT OWNER REFUND PREMIUM 52 14 465 Cornell Ave US Bank Cust Tower DB IX 2019 $8,414.98 $0.00 50 S 16th Street Suite 2050 Philadelphia PA 19102-2513 Certificate 2019-0006 AR-210-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-211-20 RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT OF WATER BILLS NOVEMBER 2020 WHEREAS, it appears on the books and records of the Division of Water Accounts that the following Water Accounts have been overpaid; and WHEREAS, the owner is due a refund of overpayment; NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that the Municipal Comptroller be and is hereby authorized and directed to refund the overpayment, to be made payable to: ACCOUNT NUMBER NAME & ADDRESS AMOUNT OF REFUND 3363700000 Marie Glemaud $1,700.00 2359 Canterbury Lane Rahway, New Jersey 07065 AR-211-20 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-212-20 RESOLUTION AUTHORIZING A PAYMENT TO BERTO CONSTRUCTION FOR EMERGENCY SEWER SYSTEM IMPROVEMENTS AT THE INTERSECTION OF ELM AVENUE AND IRVING STREET, PURSUANT TO N.J.S.A. 40A:11-6 WHEREAS, N.J.S.A. 40A:11-6(b) states that “Upon the furnishing of such goods or services…the contractor furnishing such goods or services shall be entitled to be paid therefor and the contracting unit shall be obligated for said payment…”; and WHEREAS, a condition exists affecting the public health, safety, or welfare requiring the immediate delivery of goods or services; and WHEREAS, due to a damaged sewer pipe in the area of the intersection of Elm Avenue and Irving Street, a sinkhole within a roadway formed creating a hazardous condition; and WHEREAS, Berto Construction (the “Contractor”) submitted a bid to repair the sewer system at the intersection of Elm Avenue and Irving Street; and WHEREAS, the work included the excavation of the area of the sinkhole, repairs to the existing sewer pipe, pavement restoration and restorations to the disturbed areas. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey that a contract with Berto Construction, for said work in the amount of forty four thousand six hundred five Dollars ($44,605.00) is hereby ratified and authorized pursuant to N.J.S.A. 40:11-6(b). Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which states that there are legally appropriated funds within the Current Fund- Account 11-216-55-110-105, to cover the cost of this contract. AR-212-20 1 of 1 City of Rahway

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