Rahway City Council

Minutes CITY OF RAHWAY, NEW JERSEY MUNICIPAL COUNCIL COMBINED MEETING July 12, 2021, 7 p.m. Via Zoom “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) ROLL CALL Council President Newbury called the Meeting to order at 7:00 PM and had City Clerk, Jeff Jotz, read the Roll Call. Present: David Brown, Rodney Farrar, Joseph D. Gibilisco, Jeremy E. Mojica, Joanna Miles, Danielle “Danni” Newbury Absent: James E. Baker, Michael Cox, Vannie Deloris Parson PLEDGE OF ALLEGIANCE and INVOCATION Council President Danielle “Danni” Newbury led the Pledge of Allegiance and Councilman Brown offered an Invocation OPEN PUBLIC MEETING STATEMENT: City Clerk, Jeff Jotz, announced the meeting had been advertised and posted in accordance with the Open Public Meetings Act of the State of New Jersey. Notice of this meeting has been sent to the official newspapers and adequate and electronic notice has been provided in accordance with the Open Public Meetings Act and New Jersey Administrative Code, Title 5, Chapter 39-Section 1.5 (N.J.A.C. 5:39-1.5) notice of remote public meetings as required by law. MINUTES June 14, 2021 Regular Meeting June 17, 2021 Special Meeting July 1, 2021 Special Meeting A motion was made by Councilmember Gibilisco and seconded by Councilmember Mojica to accept and approve the above listed minutes. YES: Councilmembers Brown, Farrar, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Cox, Parson Council President Newbury declared the motion carried. PRESENTATIONS No presentations were scheduled. COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICEERS AND BILL PAYMENT The Councilmembers accepted the fire report and the mayor read a brief statement. REPORTS OF COUNCIL COMMITTEES No reports from council committees were offered. HEARING OF CITIZENS: ITEMS ON AGENDA Except ordinances on Second Reading (five minutes per speaker) Council President Newbury opened the floor for hearing of citizens and with no one appearing, Council President Newbury closed the public hearing. Regular Council Meeting of July 12, 2021 1 of 8 City of Rahway ORDINANCES – FIRST READING Councilmember Cox joined the meeting at 7:05 pm. O-25-21 ORDINANCE ADOPTING A NEW AGREEMENT BETWEEN THE MEMBER MUNICIPALITIES OF THE RAHWAY VALLEY SEWERAGE AUTHORITY Motion to introduce the above titled Ordinance O-25-21 on first reading was made by Councilmember Brown, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. O-26-21 AN ORDINANCE AMENDING CHAPTER 401: VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF RAHWAY (DESIGNATION OF PARKING SPACES) Motion to introduce the above titled Ordinance O-26-21 on first reading was made by Councilmember Farrar, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. O-27-21 AN ORDINANCE AMENDING CHAPTER 401 VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF RAHWAY – TRUCKS OVER CERTAIN WEIGHTS EXCLUDED Motion to introduce the above titled Ordinance O-27-21 on first reading was made by Councilmember Miles, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. O-28-21 AN ORDINANCE AMENDING CHAPTER 320: PROPERTY MAINTENANCE, OF THE CODE OF THE CITY OF RAHWAY Motion to introduce the above titled Ordinance O-28-21 on first reading was made by Councilmember Newbury, seconded by Councilmember Brown and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. O-29-21 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING Motion to introduce the above titled Ordinance O-29-21 on first reading was made by Councilmember Newbury, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. O-30-21 AN ORDINANCE AMENDING SECTION 381-14 OF THE CODE OF THE CITY OF RAHWAY (TAXI RATES) Motion to introduce the above titled Ordinance O-30-21 on first reading was made by Councilmember Gibilisco, seconded by Councilmember Miles and adopted by the following vote: Regular Council Meeting of July 12, 2021 2 of 8 City of Rahway  YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. City Clerk Jeffrey J. Jotz read the following: This Ordinance is declared adopted on first reading and the City Clerk is hereby authorized and directed to advertise said notice of its introduction and passage according to law. This Ordinance will come up for Public Hearing and further action at a Council Meeting on August 9, 2021 at 7 p.m. or at any time and place to which the meeting for the further consideration of the ordinances shall be adjourned. 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 requests. Any item not included on the Consent Agenda will be considered in its normal sequence on the Agenda. Motion made by Councilmember Cox and seconded by Councilmember Farrar to adopt the Consent Agenda. The Consent Agenda was adopted without objection on a voice vote. YES: Councilmembers Brown, Cox, Farrar, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. RESOLUTIONS Department of Administration AR-172-21 A RESOLUTION AUTHORIZING THE MAYOR AND MUNICIPAL CLERK OF THE MUNICIPALITY OF RAHWAY TO EXECUTE AN AGREEMENT WITH THE COUNTY OF UNION TO MODIFY THE COOPERATIVE AGREEMENT DATED JUNE 2014, AS AMENDED SEPTEMBER 2017 Motion to introduce the above titled Resolution AR-172-21 on first reading was made by Councilmember Mojica, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-173-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAHWAY DETERMINING THAT PROPERTIES IDENTIFIED AS BLOCK 151, LOTS 7, 20, 21, 22 AND 23 ON THE CITY OF RAHWAY’S TAX MAP, BE DESIGNATED AS A NON-CONDEMNATION REDEVELOPMENT AREA IN ACCORDANCE WITH THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 ET SEQ. AND AUTHORIZING AND DIRECTING THE PLANNING BOARD TO PREPARE A REDEVELOPMENT PLAN FOR THE DESIGNATED STUDY AREA Motion to introduce the above titled Resolution AR-173-21 on first reading was made by Councilmember Newbury, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-174-21 A RESOLUTION AUTHORIZING THE MAYOR TO APPOINT A SID ADVISORY BOARD Regular Council Meeting of July 12, 2021 3 of 8 City of Rahway  Motion to introduce the above titled Resolution AR-174-21 on first reading was made by Councilmember Newbury, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-175-21 RESOLUTION APPROVING THE GATEWAY FAMILY YMCA-RAHWAY BRANCH AS AN ELIGIBLE SUBRECIPIENT OF AMERICAN RECOVERY ACT FUDNING Motion to introduce the above titled Resolution AR-175-21 on first reading was made by Councilmember Farrar, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-176-21 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT WITH THE RAHWAY ARTS AND BUSINESS PARTNERSHIP Motion to introduce the above titled Resolution AR-176-21 on first reading was made by Councilmember Newbury, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-177-21 RESOLUTION AUTHORIZING THE SUBMISSION OF A GREEN ACRES GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES PROGRAM Motion to introduce the above titled Resolution AR-177-21 on first reading was made by Councilmember Brown, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. Department of Community Development AR-178-21 A RESOLUTION AMENDING A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN ACRES PROGRAM FOR MADDEN FIELD PARK IMPROVEMENTS Motion to introduce the above titled Resolution AR-178-21 on first reading was made by Councilmember Farrar, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. Regular Council Meeting of July 12, 2021 4 of 8 City of Rahway  AR-179-21 RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE COUNTY OF UNION COMMUNITY DEVELOPMENT REVENUE SHARING COMMITTEE Motion to introduce the above titled Resolution AR-179-21 on first reading was made by Councilmember Miles, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-180-21 RESOLUTION AUTHORIZING THE RELEASE OF RIGHT OF WAY CONSTRUCTION BOND FEE TO FUTURESCAPE, INC. FOR PERMIT #09-19- 121 DATED 10/07/2019 FOR 889 RIFFLE AVENUE, BLOCK 122, LOT 23 Motion to introduce the above titled Resolution AR-180-21 on first reading was made by Councilmember Mojica, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-181-21 RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT 365 STANTON STREET, PURSUANT TO N.J.S.A 40A11-6 Motion to introduce the above titled Resolution AR-181-21 on first reading was made by Councilmember Brown, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-183-21 A RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION AND EXECUTION OF A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE MAIN STREET BOULEVARD IMPROVEMENT PROJECT Motion to introduce the above titled Resolution AR-183-21 on first reading was made by Councilmember Cox, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-184-21 RESOLUTION AUTHORIZING THE RELEASE MAINTENANCE BONDS TO 280 ST. GEORGES AVENUE LLC FOR BLOCK 6, LOTS 3 & 4, 280 ST. GEORGES AVENUE (WAWA FOOD MARKET AND FUELING STATION) Regular Council Meeting of July 12, 2021 5 of 8 City of Rahway  Motion to introduce the above titled Resolution AR-184-21 on first reading was made by Councilmember Farrar, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. Department of Public Works AR-185-21 RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE OF NEW JERSEY BOARD OF PUBLIC UTILITIES (BPU) CLEAN FLEET ELECTRIC VEHICLE INCENTIVE PROGRAM Motion to introduce the above titled Resolution AR-185-21 on first reading was made by Councilmember Gibilisco, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. Department of Revenue & Finance AR-186-21 RESOLUTION AUTHORIZING THE REFUND OF AN OVERPAYMENT OF TAXES FOR CY 2021 Motion to introduce the above titled Resolution AR-186-21 on first reading was made by Councilmember Miles, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-187-21 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES FOR 2011 & 2019 TAX LIENS Motion to introduce the above titled Resolution AR-187-21 on first reading was made by Councilmember Farrar, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-188-21 RESOLUTION AUTHORIZING THE REFUND OF TAXES FOR 2018 & 2019 Motion to introduce the above titled Resolution AR-188-21 on first reading was made by Councilmember Brown, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. AR-189-21 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) AMERICAN RESCUE ACT – YMCA, QUALIFIED SUBRECIPIENT, FOR COVID-19 RELATED RESPONSE ACTIVITES - $35,000.00 Regular Council Meeting of July 12, 2021 6 of 8 City of Rahway  Motion to introduce the above titled Resolution AR-189-21 on first reading was made by Councilmember Mojica, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. ORDINANCES – FINAL ADOPTION / SECOND READING O-24-21 AN ORDINANCE AMENDING CHAPTER 421 ZONING OF THE CITY OF RAHWAY TO PERMIT CANNABIS BUSINESSES IN CERTAIN LOCATIONS AND AMENDING PART II, GENERAL LEGISLATION; BY CREATING CHAPTER 420 ENTITLED “ESTABLISHMENT OF CANNABIS TRANSFER TAX AND USER TAX IN THE CITY OF RAHWAY” (Newbury, Entire Council) Council President Newbury opened the Public Hearing on this matter and asked if any citizen wished to be heard and give his/her name and address. Quanae Palmer Chambliss: 1650 Columbus Place (Shirley Palmer Way): Asked whether the special tax could be used to finance the schools and what the money collected will be used for. Business Administrator, Robert Landolfi responded that the City of Rahway is waiting for direction from the state regarding use of money collected. With no one else appearing, Council President Newbury closed the Public Hearing. Motion to TABLE the above Ordinance was motioned by Councilmember Miles, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brown, Farrar, Cox, Gibilisco, Mojica, Miles, Newbury ABSENT: Councilmembers Baker, Parson Council President Newbury declared the motion carried. City Clerk Jeffrey J. Jotz read the following statement: These Ordinances having been read on two separate days and having achieved the vote required by law is declared adopted. The City Clerk is directed to deliver same to the Mayor for his approval or disapproval. MISCELLANEOUS (Unfinished Business) No items were offered. COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) Quanae Palmer Chambliss: 1650 Columbus Place (Shirley Palmer Way) 1. Requested information regarding the proposed Community Development Grant and why the City of Rahway doesn’t allocate money to local non-profits. a. Business Administrator, Robert Landolfi responded that they have applied for monies that could go to non-profits to the city . 2. Asked about Madden Field playground equipment for older children a. Business Administrator, Robert Landolfi responded that additional equipment is on its way, but is on backorder. 3. Reiterated the need for a meeting between herself, the mayor, and council president regarding past comments by the mayor. a. Council President Newbury addressed the speaker’s comments. Regular Council Meeting of July 12, 2021 7 of 8 City of Rahway COUNCIL COMMENT (Three Minutes per Member) The Councilmembers offered their remarks. Councilmember Miles shared the Domestic Violence number 1-800-572-SAFE (7233) ADJOURNMENT A motion to adjourn the meeting at 7:35 PM was made by Councilmember Brown and seconded by Councilmember Cox. The meeting was officially adjourned at 7:35 PM without objection on a voice vote. Approved: _____________________________ _______________________________________ Jeffrey J. Jotz, City Clerk Danielle Newbury, Council President Regular Council Meeting of July 12, 2021 8 of 8 City of Rahway