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Rahway City Council

Regular Meeting

Rahway, NJ · October 12, 2021

AgendaMinutes

Minutes

15 Minutes CITY OF RAHWAYO NEW JERSEY MUNICIPAL COUNCIL REGULAR MEETING October 12,2021,7 p.m. YiaZoom " Each person addressing the Council shallfrst give their name and address to the Clerk. All remarks shall be addressed to the Council as a body and not to any member thereofand, shall not exceedfive (5) minutes in duration." (Chapter 5-63 (C) Rules oJOrder No. 3) ROLL CALL Council President Newbury called the Meeting to order at7:05 PM and had City Clerk, Jeff Jotz, read the Roll Call. PRESENT: David Brown, Michael Cox, Rodney Farrar, Joseph D. Gibilisco, Joanna Miles, Jeremy E. Mojica, Vannie Deloris Parson, Danielle "Danni" Newbury ABSENT: James E. Baker PLEDGE OF ALLEGIANCE and INVOCATION Council President Newbury led the Pledge of Allegiance and Councilman Brown offered an Invocation. OPEN PUBLIC MEETING STATEMENT: City Clerk 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 offrcial newspapers and adequate and electronic notice has been provided in accordance with the Open Public Meetings Act and New Jersey Administrative Code, t Title 5, Chapter 39-Section 1.5 G\f.J.A.C. 5:39-1.5) notice of remote public meetings as required by law. MINUTES September 13,2021 Regular Meeting A motion was made by Councilmember Miles and seconded by Councilmember Gibilisco to accept and approve the above listed minutes. YES: Councilmembers Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury ABSENT: Councilmembers Baker Council President Newbury declared the motion carried. PRESENTATIONS No presentations were scheduled. COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICERS AND BILL PAYMENT The Councilmembers accepted the bill payment list 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) Regular Council Meeting of October 12,2021 I of8 City of Rahway 15 Peter Stegun (2100 Price Street) 0-43-21 Councilman Baker joined the meeting at 7:16 PM. ORDINANCES _ FIRST READING o-42-2r A,N ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) HANDICAPPED - PARKING Motion to introduce the above titled Ordinance 0-42-21on first reading was made by Councilmember Parson, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. o-43-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 177 SECTION 3 OF THE CODE OF THE CITY OF RAHWAY ENTITLED ..FEES'' BY ADDING SUBSECTION H ENTITLED "FEE REDUCTION'' Motion to introduce the above titled Ordinance O-43-21on first reading was made by Councilmember Newbury, seconded by City Council and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. These Ordinances are 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 fuither action at a Council Meeting on November 08, 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 Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojioa, Parson, Newbury Council President Newbury declared the motion carried. Regular Council Meeting of October 12,2021 2 of8 City of Rahway 16 RESOLUTIONS I Department of Administration AR-232.2I A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF FRANK SPALLONE AS CONSTRUCTION OFFICIAL/BUILDING SUBCODE OFFICIAL Motion to introduce the above titled Resolution AR-232-21on first reading was made by Councilmember Cox, seconded by Councilmember Brown and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. Department of Engineering AR-233-21 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RAHWAY AND COLLIERS ENGINEERING AND DESIGN. FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE 2022 ROAD & SIDEWALK IMPROVEMENT PROGRAM Motion to introduce the above titled Resolution AR-233-21on first reading was made by Councilmember Farrar, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. AR-234-21 RESOLUTION RATIFYING PAYMENT TO SHAUGER PROPERTY SERVICES FOR EMERGENCY SANITARY SEWER REPAIRS AT 260 KEARNY AVENUE, PURSUANT TO N.J.S.A 40A:1 1-6 Motion to introduce the above titled Resolution AR-234-21on first reading was made by Councilmember Gibilisco, seconded by Councilmember Baker and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. AR-235-21 RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT 758 SEMINARY AVENUE, PURSUANT TO N.J.S.A 404:11-6 Motion to introduce the above titled Resolution AR-235-21on first reading was made by Councilmember Parson, seconded by Councilmember Mojica and adopted by the following vote: Regular Council Meeting ofOctober 12,2021 3 of8 City of Rahway 15 YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. Fire Department AR-236-21 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF STEVEN NIRO AS FIRE OFFICIAL Councilmember Baker requested clarity on the role and Business Administrator Foushee provided the job description. Motion to introduce the above titled Resolution AR-236-21 on first reading was made by Councilmember Newbury, seconded by City Council and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Patson, Newbury Council President Newbury declared the motion carried. Department of Revenue & Finance AR.237-2I RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATE FOR A 2018 TAX LIEN Motion to introduce the above titled Resolution AR-237-21on first reading was made by Councilmember Miles, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. AR-238-21 RESOLUTION AUTHORIZING THE REFTIND OF OVERPAYMENT OF TAXES FOR CY 2021 Motion to introduce the above titled Resolution AR-238-21 on first reading was made by Councilmember Miles, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newhury declared the motion carried. Regular Council Meeting of October 12,2021 4 of8 City of Rahway 16 Police Department r-. AR-239-21 A RESOLUTION AUTHORIZING REFUND OF POLICE ESCROW FEES Motion to introduce the above titled Resolution AR-239-21 on first reading was made by Councilmember Baker, seconded by Councilmember Parson and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. AR-240-21 RESOLUTION AUTHORIZING THE SALE OF ABANDONED MOTOR VEHICLES BY THE POLICE DEPARTMENT IN ACCORDANCE WITH N.J.S.A. 39:10A-l Motion to introduce the above titled Resolution AR-240-21on first reading was made by Councilmember Brown, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. ORDINANCES - FINAL ADOPTION / SECOND RE,ADING o-37-2r AN ORDINANCE AUTHORIZING THE TERMINATION OF A CERTAIN SETTLEMENT AGREEMENT DATED AS OF SEPTEMBER I, 1994, BETWEEN THE TOWNSHIP OF CLARK AND THE RAHWAY VALLEY SEWERAGE AUTHORITY, THE BOROUGHS OF GARWOOD, KENILWORTH AND ROSELLE PARK, THE CITY OF RAHWAY, THE TOWN OF WESTFIELD AND THE TOWNSHIPS OF CRANFORD SPRINGFIELD AND WOODBRIDGE (Cox, Mojica) Council President Newbury opened the Public Hearing on this matter and asked if any citizen wished to be heard and give his/her rulme and address. With no one appearing, Council President Newbury closed the Public Hearing Motion to adopt the above titled Ordinance 0-37-21. on second reading was made by Councilmember Cox, seconded by the Councilmember Mojica and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. 0-38-21 AN ORDINANCE OF THE CITY OF RAHWAY AUTHORIZING THE VACATING OF PINE STREET (Gibilisco, Brown) Regular Council Meeting of October 12,2021 5 of8 City of Rahway 15 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. With no one appearing, Council President Newbury closed the Public Hearing Motion to adopt the above titled Ordinance 0-38-21 on second reading was made by Councilmember Gibilisco, seconded by the Councilmember Brown and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. o-39-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 401 SECTION 84 OF THE CODE OF THE CITY OF RAHWAY ENTITLED SCHEDULE XXV: PARKING BY PERMIT ONLY (Miles, Farrar) Council President Newbury opened the Public Hearing on this matter and asked if any citizen wished to be heard and give hisiher name and address. Peter Stegun,2100 Price Street With no one else appearing, Council President Newbury closed the Public Hearing. Motion to adopt the above titled Ordinance 0-39-21 on second reading was made by Councilmember Miles, seconded by the Councilmember Farrar and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. o-40-2r AN ORDINANCE AMENDING CHAPTER42I (ZONING) OF THE CITY OF RAHWAY TO CREATE THE WEST GRAND AVENUE OVERLAY ZONE (Newbury, Cox) Council President Newbury opened the Public Hearing on this matter and asked if any citizenwished to be heard and give hisftrer name and address. l. Pastor Ben Valentin (466 West Grand Avenue): Requested clarification on why the zone was changed and asked if there was any notice given? Business Administrator Foushee: Responded the change was done to fix inconsistensies with the City of Rahway tnaster plan. With no one else appearing, Council President Newbury closed the Public Hearing. Regular Council Meeting of October 12,2021 6 of8 City of Rahway t6 Motion to adopt the above titled Ordinance 0-40-21 onsecond reading was made by Councilmember Newbury, seconded by the Councilmember Cox and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. o-41-2t BOND ORDINANCE TO AUTHORIZETHE REPLACEMENT OF AN HVAC CHILLER UNIT AT CITY HALL IN, BY AND FOR THE CITY OF RAHWAY IN THE COLINTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATi THE SUM OF $4OO,OOO TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS (Parson, Gibilisco) 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. 1. Councilmember Brown: Requested explanation for this expense Business Administrator Foushee: Explained it was to buy a new HVAC, replace the old HVAC, and reinforce the roof to handle the load. 2. Councilman Baker: Requested explanation on what HVAC was Business Administrator Foushee: Explained HVAC is heating, ventilation and air conditioning With no one else appearing, Council President Newbury closed the Public Hearing. Motion to adopt the above titled Ordinance 0-41-21 on second reading was made by Councilmember Parson, seconded by the Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. City Clerk Jotzrcad 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. Regular Council Meeting ofOctober 12,2021 7 of 8 City of Rahway 15 COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) Quanae Palmer-Chambliss (1650 Columbus Place): Thanked multiple people, including Councilwoman Parson, for their work in assisting displaced seniors after Hurricane Ida. She also wanted to thank Director Parham and Chief DeSordi regarding contacting the NAACP over a recent incident, as well as BA Foushee for helping to resolve a matter this past September. Lastly, Ms. Palmer-Chambliss followed up on a request to meet with the Mayor and the Administration to resolve an exchange that happened previously. Tavia Fisher (273 Donald Ave) Noted issues on Donald Avenue regarding street cleaning to which the Administrator noted it will be handled. COUNCIL COMMENT (Three Minutes per Member) The Councilmembers offered their remarks. ADJOURNMENT A motion to adjourn the meeting at 8:01 PM was made by Councilmember Brown and seconded by Councilmember Baker. The meeting was officially adjourned at 8:01 PM without objection on a voice vote. Approved: J J.J Clerk Danielle Newbury, Council President Regular Council Meeting of October 12,2021 8 of8 City of Rahway

Agenda

CITY OF RAHWAY, NEW JERSEY MUNICIPAL COUNCIL REGULAR MEETING AGENDA October 12, 2021, 7 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 3. OPEN PUBLIC MEETING STATEMENT: 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. 4. MINUTES September 13, 2021 Regular Meeting 5. PRESENTATIONS 6. COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICERS AND BILL PAYMENT 7. REPORTS OF COUNCIL COMMITTEES 8. HEARING OF CITIZENS: ITEMS ON AGENDA Except ordinances on Second Reading (five minutes per speaker) 9. ORDINANCES – FIRST READING O-42-21 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING O-43-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 177 SECTION 3 OF THE CODE OF THE CITY OF RAHWAY ENTITLED “FEES” BY ADDING SUBSECTION H ENTITLED “FEE REDUCTION” 10. 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. 11. RESOLUTIONS Department of Administration AR-232-21 A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF FRANK SPALLONE AS CONSTRUCTION OFFICIAL/BUILDING SUBCODE OFFICIAL Regular Council Meeting of October 12, 2021 1 of 3 City of Rahway Department of Engineering AR-233-21 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RAHWAY AND COLLIERS ENGINEERING AND DESIGN. FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE 2022 ROAD & SIDEWALK IMPROVEMENT PROGRAM AR-234-21 RESOLUTION RATIFYING PAYMENT TO SHAUGER PROPERTY SERVICES FOR EMERGENCY SANITARY SEWER REPAIRS AT 260 KEARNY AVENUE, PURSUANT TO N.J.S.A 40A:11-6 AR-235-21 RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT 758 SEMINARY AVENUE, PURSUANT TO N.J.S.A 40A:11-6 Fire Department AR-236-21 A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF STEVEN NIRO AS FIRE OFFICIAL Department of Revenue & Finance AR-237-21 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATE FOR A 2018 TAX LIEN AR-238-21 RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENT OF TAXES FOR CY 2021 Police Department AR-239-21 A RESOLUTION AUTHORIZING REFUND OF POLICE ESCROW FEES AR-240-21 RESOLUTION AUTHORIZING THE SALE OF ABANDONED MOTOR VEHICLES BY THE POLICE DEPARTMENT IN ACCORDANCE WITH N.J.S.A. 39:10A-1 12. ORDINANCES – FINAL ADOPTION / SECOND READING O-37-21 AN ORDINANCE AUTHORIZING THE TERMINATION OF A CERTAIN SETTLEMENT AGREEMENT DATED AS OF SEPTEMBER 1, 1994, BETWEEN THE TOWNSHIP OF CLARK AND THE RAHWAY VALLEY SEWERAGE AUTHORITY, THE BOROUGHS OF GARWOOD, KENILWORTH AND ROSELLE PARK, THE CITY OF RAHWAY, THE TOWN OF WESTFIELD AND THE TOWNSHIPS OF CRANFORD, SPRINGFIELD AND WOODBRIDGE (Cox, Mojica) Regular Council Meeting of October 12, 2021 2 of 3 City of Rahway O-38-21 AN ORDINANCE OF THE CITY OF RAHWAY AUTHORIZING THE VACATING OF PINE STREET (Gibilisco, Brown) O-39-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 401 SECTION 84 OF THE CODE OF THE CITY OF RAHWAY ENTITLED SCHEDULE XXV: PARKING BY PERMIT ONLY (Miles, Farrar) O-40-21 AN ORDINANCE AMENDING CHAPTER 421 (ZONING) OF THE CITY OF RAHWAY TO CREATE THE WEST GRAND AVENUE OVERLAY ZONE (Newbury, Cox) O-41-21 BOND ORDINANCE TO AUTHORIZE THE REPLACEMENT OF AN HVAC CHILLER UNIT AT CITY HALL IN, BY AND FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $400,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS (Parson, Gibilisco) 13. MISCELLANEOUS (Unfinished Business) 14. COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) 15. ADJOURNMENT Regular Council Meeting of October 12, 2021 3 of 3 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-42-21 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING BE IT ORDAINED BY THE MAYOR AND THE MUNICIPAL COUNCIL OF THE CITY OF RAHWAY, THE FOLLOWING CHAPTER BE AMENDED AS FOLLOWS: 401-80 Schedule XXI: Handicapped Parking Add: In front of 1574 Lawrence Street West Side – From the apex of East Milton Avenue heading north 258’ and extending to a point 22’ north thereof. ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED. THIS ORDINANCE SHALL TAKE EFFECT UPON FINAL PASSAGE AND PUBLICATION AS PROVIDED BY LAW O-42-21 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-43-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 177 SECTION 3 OF THE CODE OF THE CITY OF RAHWAY ENTITLED “FEES” BY ADDING SUBSECTION H ENTITLED “FEE REDUCTION” WHEREAS, the City Council of the City of Rahway deems it necessary to grant a 5% reduction in permit and inspection fees for seniors and veterans; and WHEREAS, The City Council of the City of Rahway deems it necessary to allow the Administration to grant a reduction in permit and inspection fees for citizens of the City of Rahway when the Mayor issues an State of emergency for the City. NOW, THEREFORE, be it ordained, by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. Chapter 177 Section 3 of the Code of the City of Rahway is amended to read as follows: H. Fee Reduction (1) The City of Rahway grants a 5% reduction in permit and inspection fees for seniors and veterans. (2) In the event the Mayor declares a State of Emergency, the City may grant a reduction in permit and inspection fees. SECTION 2. Severability of Ordinance Provisions Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof. SECTION 3. Conflict of Other Ordinance Provisions That all ordinances and parts of ordinances and conflicts that are inconsistent with this ordinance are hereby repealed but only to the extent of such conflict or inconsistency. SECTION 4. Effective Date of Ordinance Provisions That this ordinance shall take effect upon final passage upon expiration of twenty (20) days following publication unless otherwise provided. Strikeouts are deletions. Underlines are added material. O-43-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-232-21 Date of Adoption: October 12, 2021 A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF FRANK SPALLONE AS CONSTRUCTION OFFICIAL/BUILDING SUBCODE OFFICIAL WHEREAS, Mayor Raymond A. Giacobbe has appointed Frank Spallone as Construction Official/Building Subcode Official. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that the Mayor’s appointment of Frank Spallone as Construction Official/Building Subcode Official for a term expiring on December 31, 2024 and until his successor is appointed and qualified, is hereby confirmed. AR-232-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-233-21 Date of Adoption: October 12, 2021 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RAHWAY AND COLLIERS ENGINEERING AND DESIGN FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE 2022 ROAD & SIDEWALK IMPROVEMENT PROGRAM WHEREAS, the City of Rahway requires the services of licensed engineer to design and inspect road and sidewalks improvements within the City of Rahway; and WHEREAS, by Resolution No. AR-24-21 Colliers Engineering and Design was pre-qualified to provide general engineering services to the City; and WHEREAS, Colliers Engineering and Design has submitted proposals dated October 7, 2021 to perform the aforementioned services; and WHEREAS, the City desires to award a contract to Colliers Engineering and Design, to provide engineering services associated with the 2022 Road and Sidewalk Improvement Program NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that: 1) The Mayor and Municipal Clerk of the City of Rahway are hereby authorized to execute a professional services agreement with Colliers Engineering and Design in an amount not to exceed $410,000.00. 2) A notice in accordance with this Resolution and the Local Public Contracts Law shall be published in the official newspaper of the City of Rahway as required by law within ten (10) days of its passage. 3) An executed copy of the Contract and a copy of this Resolution shall be filed in the office of the Municipal Clerk of the City of Rahway and shall be available there for public inspection in accordance with law. 4) This Resolution shall take effect immediately or as otherwise provided by law. AR-233-21 1 of 3 City of Rahway Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which states that there are legally appropriated funds within General Capital Fund, Account No. 04-215- 55-705-104 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-233-21 2 of 3 City of Rahway City of Rahway Department of Revenue & Finance October 12, 2021 Hon. Raymond Giacobbe, Jr., Mayor Members of the Municipal Council City of Rahway One City Hall Plaza Rahway, New Jersey 07065 Re: A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RAHWAY AND COLLIERS ENGINEERING AND DESIGN. FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE 2022 ROAD & SIDEWALK IMPROVEMENT PROGRAM Dear Mayor and Council Members: Please be advised that there are legally appropriated sufficient funds within the General Capital Fund, Account No. 04-215-55-705-104, cover the cost of this contract. This certification is required on all contracts as per regulations of the Director of Local Government Services. Sincerely, Frank C. Ruggiero Chief Financial Officer AR-233-21 3 of 3 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-234-21 Date of Adoption: October 12, 2021 RESOLUTION RATIFYING PAYMENT TO SHAUGER PROPERTY SERVICES FOR EMERGENCY SANITARY SEWER REPAIRS AT 260 KEARNY AVENUE, 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 sanitary sewer main in the area of 260 Kearny Avenue, a sanitary sewer blockage formed creating a very hazardous condition; and WHEREAS, Shauger Property Services (the “Contractor”) submitted a payment request for work performed to excavate the location of the damaged sanitary sewer main, replace the damaged section of the sanitary sewer main, restore the damaged pavement; and WHEREAS, the City Engineer has reviewed the repair and determined it to be acceptable and recommends that the Contractor be paid $48,109.53; and NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that a payment to Shauger Property Services for emergency work in the amount of Forty-Eight Thousand One Hundred Nine Dollars and Fifty-aThree Cents ($48,109.53) 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 payment. AR-234-21 1 of 2 City of Rahway City of Rahway Department of Revenue & Finance October 12, 2021 Hon. Raymond Giacobbe, Jr., Mayor Members of the Municipal Council City of Rahway One City Hall Plaza Rahway, New Jersey 07065 Re: RESOLUTION RATIFYING PAYMENT TO SHAUGER PROPERTY SERVICES FOR EMERGENCY SANITARY SEWER REPAIRS AT 260 KEARNY AVENUE, PURSUANT TO N.J.S.A 40A:11-6 Dear Mayor and Council Members: Please be advised that there are legally appropriated sufficient funds within the Current Fund- Account 11-216-55-110-105, cover the cost of this contract. This certification is required on all contracts as per regulations of the Director of Local Government Services. Sincerely, Frank C. Ruggiero Chief Financial Officer AR-234-21 2 of 2 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-235-21 Date of Adoption: October 12, 2021 RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT 758 SEMINARY AVENUE, 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 sanitary sewer main in the area of 758 Seminary Avenue, a sinkhole within the roadway formed creating a very hazardous condition along and across the pavement of 758 Seminary Avenue; and WHEREAS, B&W Construction (the “Contractor”) submitted a payment request for work performed to excavate the location of the damaged sanitary sewer main, replace the damaged section of the sanitary sewer main, restore the damaged pavement; and WHEREAS, the City Engineer has reviewed the repair and determined it to be acceptable and recommends that the Contractor be paid $10,441.19. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that a payment to B&W Construction for emergency work in the amount of Ten Thousand Four Hundred Forty-One Dollars and Nineteen Cents ($10,441.19) 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 payment. AR-235-21 1 of 2 City of Rahway City of Rahway Department of Revenue & Finance October 12, 2021 Hon. Raymond Giacobbe, Jr., Mayor Members of the Municipal Council City of Rahway One City Hall Plaza Rahway, New Jersey 07065 Re: RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT 758 SEMINARY AVENUE, PURSUANT TO N.J.S.A 40A:11-6 Dear Mayor and Council Members: Please be advised that there are legally appropriated sufficient funds within the Current Fund- Account 11-216-55-110-105, cover the cost of this contract. This certification is required on all contracts as per regulations of the Director of Local Government Services. Sincerely, Frank C. Ruggiero Chief Financial Officer AR-235-21 2 of 2 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-236-21 Date of Adoption: October 12, 2021 A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF STEVEN NIRO AS FIRE OFFICIAL WHEREAS, Mayor Raymond Giacobbe, Jr. has appointed Steven Niro as Fire Official. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that the Mayor’s appointment of Steven Niro as Fire Official for a term expiring on Dec. 31, 2022, and until his successor is appointed and qualified, is hereby confirmed. AR-236-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-237-21 Date of Adoption: October 12, 2021 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF A TAX SALE CERTIFICATE FOR A 2018 TAX LIEN WHEREAS, the City of Rahway held a Tax Lien Sale on December 7, 2018, 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 Rahwway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby authorized and directed to make refunds in the following names and amounts. 2018 Tax Liens BLOCK/LOT PROPERTY ADDRESS CERT OWNER REFUND PREMIUM 236 01 331 West Scott Ave US Bank C/F Pc7 Firstrust Bank $5,137.41 $500 US Bank Global Corp Trst 50 S 16th ST-STE 2050 Philadelphia, PA 19102 Certificate 2018-018 AR-237-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-238-21 Date of Adoption: October 12, 2021 RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENT OF TAXES FOR CY 2021 WHEREAS, it has been found that the following CY 2021 taxes have been overpaid in error; NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that the Chief Financial Officer is hereby authorized and directed to refund said overpayments in the following names and amounts. 2021 CALENDAR YEAR TAXES BLOCK LOT OWNERS NAME PROPERTY ADDRESS REFUND 18 06 US Bank National Association TR 191 Concord Street $371.41 Main Street Title 190 Main Street Hackensack NJ 07601 23 23 Fred & Marie Dosmas Fils 336 Concord Street $220.17 Genuine Title Agency LLC 75 Washington Road Sayreville NJ 08872 148 22 Randy Snipes 74 West Cherry Street $267.96 Elite Title Group 22 Ridge Road Lyndhurst NJ 07071 AR-238-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-239-21 Date of Adoption: October 12, 2021 A RESOLUTION AUTHORIZING REFUND OF POLICE ESCROW FEES WHEREAS, it has been found that funds placed in escrow for police services for road work performed by a private contractor are no longer needed and should be refunded to said contractors. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that the Treasurer is authorized and directed to refund the following police escrow fee to the following company: Micro Pave Systems, Inc. PO Box 207 Roseland, NJ 07068 $1244.00 BE IT FURTHER RESOLVED that the refund be sent to the above company at the address listed above. Certified to be a true copy of a resolution adopted by the Municipal Council of the City of Rahway at the Combined Meeting held on 7/13/15. AR-239-21 1 of 1 City of Rahway RESOLUTION CITY OF RAHWAY, NEW JERSEY No. AR-240-21 Date of Adoption: October 12, 2021 RESOLUTION AUTHORIZING THE SALE OF ABANDONED MOTOR VEHICLES BY THE POLICE DEPARTMENT IN ACCORDANCE WITH N.J.S.A. 39:10A-1 WHEREAS, N.J.S.A. 39:10A-1 et seq. permits the Police Department or its representatives to auction or sell vehicles, at a public place, after notice of the sale, shall have been published, in a newspaper circulating in the municipality of Rahway and after such local government shall have authorized by resolution such sale; and WHEREAS, the Police Department has accumulated Twenty-Nine (29) such vehicles. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that the Police Department is authorized to conduct a sale or auction at which time vehicles that have been accumulated by the Police Department’s towing representatives may be sold and the monies realized from such sale be used to cover storage costs, shall be turned over to the City of Rahway Municipal Treasurer. BE IT FURTHER RESOLVED that the Police Department shall conduct this sale on Thursday November 18th, 2021. All vehicles may be viewed one hour prior to auction time at the following times and places: 10:00 AM R & K Towing 149 Regina Ave, Rahway NJ 07065 2018 Homesteader Vin# 5HABE1217KN072006 2000 Ford ViN # 1FTZF1723YNA66852 2013 HYU Vin# 5NPEB4AC2DH724295 2003 Ford Vin# 1FMYU92183KD38347 2006 Pont Vin# 1G2ZF55B164197229 2010 VW Vin# 3VWRZ7AJ4AM105634 2015 Toy Vin# 4T1BD1FK0FU154474 2008 Nissan Vin# 3N1BC11E88L433079 2009 Audi Vin# WAUSG74F49N052787 2002 Duk Vin# ZDM1SB5V52B015619 AR-240-21 1 of 2 City of Rahway 11:00 AM B & L Towing 2500 Blair Rd Carteret, NJ 07008 2009 Nissan Vin# 1N4AA57EX9C858358 2018 Ford Vin# 3FADP4BJ8JM120353 2013 Chevy Vin# 2G1WG5E3XD1240939 2011 HYU Vin# 5NPEC4AC9BH187533 2005 Hon Vin #1HGEM22005L006956 2005 TT Vin# 1UYVS25396U689814 2008 CAD Vin# 1GYEE637980124941 12:00 PM Rahway Auto Body 41 West Inman Ave Rahway, NJ 2013 Nissan #1N4AL3AP1DC136267 2007 Infiniti Vin#JNRAS08W87X206563 2012 HYU Vin#KMHT6CAD9CU072882 2012 Jeep Vin# 1C4RJFAT1CC285133 2004 Scion Vin# JTKKT624440076032 2013 Jeep Vin# 1J4GL48K06W150760 1:00 PM Scott Flowers Towing 1400 Rahway Ave Avenel, NJ 2016 VIC Vin# 5VPLB36N7G3056264 2:30 PM Murphy’s Towing Service 2053 US 1&9 Rahway, NJ 1999 BMW Vin# WBADM5220XBY16467 Dirt Bike Vin# L6ZDCJLA1G1000958 Yamaha Quad NO VIN Mini Dirt Bike NO VIN 3:00 PM Lee’s Auto 1100 St Georges Ave., Avenel, NJ 2012 VW Vin#WVWED7AJ2CW288888 AR-240-21 2 of 2 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-37-21 AN ORDINANCE AUTHORIZING THE TERMINATION OF A CERTAIN SETTLEMENT AGREEMENT DATED AS OF SEPTEMBER 1, 1994, BETWEEN THE TOWNSHIP OF CLARK AND THE RAHWAY VALLEY SEWERAGE AUTHORITY, THE BOROUGHS OF GARWOOD, KENILWORTH AND ROSELLE PARK, THE CITY OF RAHWAY, THE TOWN OF WESTFIELD AND THE TOWNSHIPS OF CRANFORD, SPRINGFIELD AND WOODBRIDGE BE IT ORDAINED by the City of Rahway County of Union State of New Jersey (“City”) as follows: Section 1. The Mayor and Clerk of the City of Rahway are hereby authorized to execute a certain amendment (“Amendment”) to the Settlement Agreement, dated September 1, 1994, between Clark Township, and the municipalities of Garwood, Kenilworth, Roselle Park, Rahway, Westfield, Cranford, Springfield, Scotch Plains and Woodbridge and the Rahway Valley Sewerage Authority (“Settlement Agreement”), for the purpose of terminating the Settlement Agreement. Section 2. A copy of the Amendment is attached as Appendix A and the termination of the Settlement Agreement shall become effective upon adoption of this Ordinance or a comparable ordinance adopted by all eleven (11) of the current member municipalities of the Authority, i.e. Clark, Cranford, Garwood, Kenilworth, Mountainside, Rahway, Roselle Park, Scotch Plains, Springfield, Westfield and Woodbridge and the adoption of a resolution by the Authority authorizing execution of the Amendment. Section 3. This Ordinance shall take effect upon second reading and publication in accordance with New Jersey Law. O-37-21 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-38-21 AN ORDINANCE OF THE CITY OF RAHWAY AUTHORIZING THE VACATING OF PINE STREET WHEREAS, the City of Rahway (the “City”), a body corporate and politic organized under the laws of the State of New Jersey and situated in Union County, agrees to vacate a portion of Pine Street described on the attached Exhibit A as “Description of Portion of Pine Street to be Vacated” and convey the vacated property equally to the owners of the abutting property known as Block 358, Lot 8, 9, and 10; and WHEREAS, the portion of Pine Street to be retained by the City is described on the attached Exhibit A as “Description of a Portion of Pine Street to Remain.”; and WHEREAS, the vacation of Pine Street will allow for the development and construction of a fourteen (14) unit townhouse residential development on the Property. NOW, THEREFORE, IT IS HEREBY ORDAINED by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, that: 1. The City shall execute any necessary documentation in accordance with the laws of this State to convey the vacated property to the owners of Block 358, Lot 8, 9, and 10 which shall include an easement for the City, as necessary. 2. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a Court of competent jurisdiction, such invalidity shall not affect other provisions of the Ordinance and to this end the provisions of this Ordinance are declared to be severable. 3. The City expressly reserves and excepts from the vacations all rights and privileges then possessed by public utilities and cable television companies to maintain, repair, and replace their existing facilities adjacent to, over, and under the street or public place to be vacated. (N.J.S.A. 40:67-1). 4. This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. O-38-21 1 of 1 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-39-21 AN ORDINANCE OF THE CITY OF RAHWAY AMENDING CHAPTER 401 SECTION 84 OF THE CODE OF THE CITY OF RAHWAY ENTITLED SCHEDULE XXV: PARKING BY PERMIT ONLY WHEREAS, The City Council of the City of Rahway deems it necessary to allow permit parking on certain streets during certain hours. 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. Schedule XXV 401-84 – Parking by Permit Only Chapter 401, Section 84 of the Code of the City of Rahway is amended to include two (2) additional streets as follows: Name of Street Side Hours/Days Location Price Street Both 24 hours per day/ Entire Length Mon through Sunday Jackson Avenue Both 24 hours per day/ Entire Length Mon through Sunday Linden Avenue Both 24 hours per day/ Between Jackson Ave Mon through Sunday And W Scott Ave Only Motor vehicles with the permit prominently displayed shall be entitled to be parked without limitation, with the exception of motor vehicles that display a guest pass. SECTION 2. Severability of Ordinance Provisions Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof. SECTION 3. Conflict of Other Ordinance Provisions That all ordinances and parts of ordinances and conflicts that are inconsistent with this ordinance are hereby repealed but only to the extent of such conflict or inconsistency. O-39-21 1 of 2 City of Rahway SECTION 4. Effective Date of Ordinance Provisions That this ordinance shall take effect upon final passage upon expiration of twenty (20) days following publication unless otherwise provided. Strikeouts are deletions. Underlines are added material. O-39-21 2 of 2 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-40-21 AN ORDINANCE AMENDING CHAPTER 421 (ZONING) OF THE CITY OF RAHWAY TO CREATE THE WEST GRAND AVENUE OVERLAY ZONE WHEREAS, the City of Rahway adopted a Master Plan Reexamination Report, dated May 2019; WHEREAS, the 2019 Master Plan Reexamination Report included several recommendations; WHEREAS, one of the recommendations was to create an overlay zone for the properties in the R-2 Residential Zone with frontage on West Grand Avenue from St. Georges Avenue to Irving Street and Whittier Street to allow for commercial or mixed-use development as long as certain standards are met; WHEREAS, the City has decided to explore and act on this Master Plan Reexamination Report recommendation; WHEREAS, after further analysis, the City would like to expand the overlay to include six (6) parcels that are located in the B-1 Neighborhood Business Zone and three (3) parcels that are located in the B-2 Regional Business Zone that are within the portion of West Grand Avenue from St. Georges Avenue to Irving Street and Whittier Street; WHEREAS, the inclusion of these nine (9) additional parcels will permit the portion of the West Grand Avenue corridor from St. Georges Avenue to Irving Street and Whittier Street to be under one set of standards which eliminates the potential of a split zoned condition along the corridor; NOW, THEREFORE, be it ordained, by the Municipal Council of the City of Rahway, County of Union, State of New Jersey, as follows: Section 1. Article IV Zone Regulations shall be amended to change the numbering from “§ 421- 28 HPO Historic Preservation Overlay Zone” to “§ 421-28.1 HPO Historic Preservation Overlay Zone.” Section 2. Article IV Zone Regulations shall be amended to change the numbering from “§ 421- 29 FPO Flood Prevention Overlay Zone” to “§ 421-28.2 FPO Flood Prevention Overlay Zone.” Section 3. Article IV Zone Regulations shall be amended to change “§ 421-29 FPO Flood Prevention Overlay Zone” to “§ 421-29 Reserved” and remove the existing regulations under § 421-29. Section 4. Article III §421-5 List of Zones shall be amended to include the WGO – West Grand Avenue Overlay Zone on Block 164, Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24; Block 165, Lots 2, 12, 13.01, 13.02, 14, 15, 16, 17, 18, 19, and 20; Block 202, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 13.01; Block 203, Lots 7 and 8; Block 204 Lots 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and 31; Block 205, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; Block 215, Lots 1, 2, 3, 4, 5, 6, 7, and 8; and Block 216, Lots 1, 2, 3, 4, and 5. O-40-21 1 of 6 City of Rahway Section 5. Article IV Zone Regulations in Chapter 421 shall be amended to include standards for the newly created West Grand Overlay Zone. “§ 421-28.3 West Grand Avenue Overlay Zone” is hereby created to read as follows: § 421-28.3 West Grand Avenue Overlay Zone. A. Purpose. The purpose of this district is to encourage commercial development and mixed-use development with commercial and office uses on the ground floor and apartments above. B. Permitted principal uses. The following principal uses shall be permitted: (1) Convenience retail uses. (2) Specialty or comparative retail uses. (3) Personal service uses. (4) Restaurants, including restaurants with plenary retail consumption licenses, excluding drive-through or drive-in restaurants. (5) Eating and drinking establishments. (6) Professional offices. (7) Medical and dental offices. (8) Banks, but not drive-in or drive-through banks. (9) Quasi-educational uses. (10) Fitness and dance studios. (11) Cultural facilities. (12) Childcare centers. (13) Live Work Units. (14) Apartments, above the ground floor only, in accordance with §421-28.3.G below. (15) Apartments on all floors, only on lots greater than 10,000 square feet, in accordance with §421-28.3.G below. C. Permitted accessory uses and structures. The following accessory uses and structures are permitted: (1) Private off-street parking structures located within the principal building, off-street parking lots to support the principal use, and off-street loading in accordance with § 349- 5 of Chapter 349, Site Plan Review, except minimum number of parking spaces. Minimum number of parking spaces shall be subject to § 421-28.3.H herein. (2) Awnings in accordance with § 421-48E. (3) Lighting and signage in accordance with the commercial sign requirements in § 421-49. (4) Fences and hedges in accordance with § 349-8 of Chapter 349, Site Plan Review. (5) Refuse collection, storage and recycling facilities in accordance with § 421-48H. (6) Decks. D. Prohibited uses. The following uses shall be prohibited: (1) Hotels or motels. O-40-21 2 of 6 City of Rahway (2) Bars or Taverns. (3) Drive-in or drive-through establishments. (4) Automotive uses of any kind. (5) Utility installations. (6) Manufacturing, wholesale, storage, warehouse or distribution facilities. (7) Liquor Stores. (8) Cigar bars. (9) Hookah lounges. (10) Tobacco and smoke stores. E. Bulk Requirements for lots ≥ 10,000 square feet (1) Minimum Lot Area: 10,000 square feet (2) Minimum Lot Width: 75 feet (3) Minimum Front Yard Setback: 0 feet (4) Maximum Front Yard Setback: 10 feet (5) Minimum Side Yard Setback (one): 0 feet; buildings shall not come within 3 feet of existing windows and doors (6) Minimum Side Yard Setback (both): 0 feet; buildings shall not come within 3 feet of existing windows and doors (7) Minimum Rear Yard Setback: 25 feet (8) Maximum Building Height (stories): 3 (9) Maximum Building Height (feet): 40 feet (10) Maximum Building Coverage: 70% (11) Maximum Impervious Coverage: 80% (12) Minimum Ground Floor Façade Transparency: 40% F. Bulk Requirements for lots < 10,000 square feet (1) Minimum Lot Area: 5,000 square feet (2) Minimum Lot Width: 50 feet (3) Minimum Front Yard Setback: 20 feet (4) Minimum Side Yard Setback (one): 4 feet (5) Minimum Side Yard Setback (both): 12 feet (6) Minimum Rear Yard Setback: 25 feet (7) Maximum Building Height (stories): 2.5 (8) Maximum Building Height (feet): 35 feet (9) Maximum Building Coverage: 50% (10) Maximum Impervious Coverage: 70% (11) Minimum Ground Floor Façade Transparency: 40% O-40-21 3 of 6 City of Rahway G. Apartments (1) Each apartment shall have its own entrance to a hallway, staircase or to the exterior. (2) The ground floor entrance to the apartment unit or units shall be separate from the entrance to the ground floor use. (3) An applicant or developer shall provide credible evidence to the satisfaction of the reviewing board that sufficient parking spaces are available and/or reserved in either public or private off-street parking lots for the overnight parking of vehicles of the prospective tenants of the apartment or apartments. (4) Such apartments located on properties less than 10,000 square feet shall be a minimum of 350 square feet for one-room studio or efficiency apartments and 150 square feet for each additional bedroom, but in no case contain more than two bedrooms. Apartments located on properties greater than 10,000 square feet shall be a minimum of 400 square feet for one-room studio or efficiency apartments and 150 square feet for each additional bedroom, but in no case contain more than two bedrooms. (5) No boarders shall be permitted to occupy such apartments, nor shall any portion of the space within the apartment be sublet or rented out for any period of time, unless otherwise permitted by the City. H. Parking and Loading (1) Minimum off-street parking spaces. The first 1,000 square feet of commercial space, with the exception of home offices, and the first 20 seats in a restaurant or eating and drinking establishment shall be exempt from the following requirements. Use Minimum Number of Spaces Apartment: Studio 1.0 1-bedroom 1.0 2-bedroom 2.0 3-bedroom 2.0 Banks, excluding drive-through banks 1 per 200 square feet of gross floor area Commercial recreation centers 1 per 200 square feet of gross floor area Community buildings, social halls or 1 per 3 seats places of public assembly General or business or municipal or 1 per 300 square feet of gross floor area governmental office 4 spaces plus one per nonresident Home professional offices employee O-40-21 4 of 6 City of Rahway Medical offices 1 per 300 square feet of gross floor area Professional offices 1 per 300 square feet of gross floor area Quasi-educational facilities such as ballet, dance studios, or martial arts 1 per 250 square feet of gross floor area schools Restaurants and eating and drinking 1 per 4 seats establishments Retail trade, including bakeries 1 per 400 square feet of gross floor area Personal service uses 1 per 300 square feet of gross floor area Sports or health clubs or gyms 1 per 200 square feet of gross floor area Vocational, technical or business 1 per 250 square feet of gross floor area school (2) Minimum bicycle & scooter parking All residential projects with 5 or more 1 space per 5 units units Commercial uses 1 space per 1,000 feet of gross floor area (3) For other uses not specifically listed above, the minimum parking requirement shall adhere to §349-5. For uses not listed in §349-5, uses shall adhere by the same as for the most similar listed use, as determined by the City Planner or their designee. (4) A maximum of one driveway is permitted per street frontage for each lot. Driveways shall comply with the following schedule: Lot Width Minimum & Maximum Width (feet) (feet) Below 35 feet No Driveway Up to 50 10 51 and over 22 (5) For mixed uses, the total requirement shall be the sum of the requirements of the component uses computed separately. Mixed-use projects are permitted to utilize shared parking for up to 20% of the required number of parking spaces, provided the Board finds that the proposed uses have complementary schedules to facilitate shared parking. O-40-21 5 of 6 City of Rahway (6) Parking is not permitted between the building and West Grand Avenue. All parking shall be located on behind or to the side of the building. Parking shall be screened to the maximum extent possible with shrubs and/or fencing from public rights-of-way. (7) On-site loading is not required. Loading zones may be located on-street, subject to approval of City Engineer. Shared loading spaces are encouraged. (8) A minimum of 15% of parking areas shall be landscaped. (9) The minimum parking area setback from lot lines of a residential zone shall be five feet. The area between the parking area and lot zones of a residential zone shall contain a buffer consisting of evergreen shrubs and solid fencing at a height of six (6) feet. I. Other Requirements: (1) All buildings and primary commercial entrances shall be oriented towards the street. (2) All areas in a development not used for construction of buildings, roads, accessways, parking or sidewalks shall be fully landscaped. (3) A minimum five-foot wide buffer shall be provided along all property lines which abut a one to four family residential use or zone. (4) Applications shall demonstrate compliance with the City’s Complete Streets Policy. (5) All new construction projects shall provide new sidewalks and curbing along the property’s frontage along West Grand Avenue. Applicants may request a waiver of this requirement per a written confirmation from the City and/or County Engineer that the existing sidewalks are in good condition and do not need to be replaced. (6) Street trees shall be provided along West Grand Avenue. Street trees should be spaced approximately 35 feet apart. a. Tree branch clearance shall be a minimum of 7 feet above the sidewalk. b. Tree pits shall be a minimum of 4’ x 4’. (7) To the extent feasible, pedestrian scale lighting (12’-16’ in height) shall be provided along West Grand Avenue, subject to approval by the City Engineer, Union County, and PSE&G. Design shall be specified by City Engineer to be installed or appropriate pro rata share contribution for off-tract improvements. Section 6. All Ordinances or parts of Ordinances inconsistent herewith are repealed. Section 7. 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 8. This ordinance shall become effective after second reading and publications as required by law. O-40-21 6 of 6 City of Rahway ORDINANCE CITY OF RAHWAY, NEW JERSEY No. O-41-21 BOND ORDINANCE TO AUTHORIZE THE REPLACEMENT OF AN HVAC CHILLER UNIT AT CITY HALL IN, BY AND FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $400,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS BE IT ORDAINED by the City Council of the City of Rahway, in the County of Union, State of New Jersey, as follows: Section 1. The City of Rahway, in the County of Union, State of New Jersey (the "City") is hereby authorized to replace an HVAC chiller unit at City Hall in, by and for the City. Said improvement shall include all work, materials and appurtenances necessary and suitable therefor. It is hereby determined and stated that said public building being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Section 2. The sum of $400,000 is hereby appropriated to the payment of the cost of making the improvement described in Section 1 hereof (hereinafter referred to as "purpose"). Said appropriation shall be met from the proceeds of the sale of the bonds authorized and the down payment appropriated by this ordinance. Said improvement shall be made as a general improvement and no part of the cost thereof shall be assessed against property specially benefited. Section 3. It is hereby determined and stated that (1) said purpose is not a current expense of said City, and (2) it is necessary to finance said purpose by the issuance of obligations of said City pursuant to the Local Bond Law, and (3) the estimated cost of said purpose is O-41-21 1 of 4 City of Rahway $400,000, and (4) $20,000 of said sum is to be provided by the down payment hereinafter appropriated to finance said purpose, and (5) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $380,000, and (6) the cost of such purpose, as hereinbefore stated, includes the aggregate amount of $75,000 which is estimated to be necessary to finance the cost of such purpose, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law. Section 4. It is hereby determined and stated that moneys exceeding $20,000, appropriated for down payments on capital improvements or for the capital improvement fund in budgets heretofore adopted for said City, are now available to finance said purpose. The sum of $20,000 is hereby appropriated from such moneys to the payment of the cost of said purpose. Section 5. To finance said purpose, bonds of said City of an aggregate principal amount not exceeding $380,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 6. To finance said purpose, bond anticipation notes of said City of an aggregate principal amount not exceeding $380,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said O-41-21 2 of 4 City of Rahway bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 7. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within limitations prescribed by the Local Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of said City and attested by the City Clerk or Deputy City Clerk. Said officers are hereby authorized to execute said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 8. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of fifteen years computed from the date of said bonds. Section 9. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the City Clerk of said City, and that such statement so filed shows that the gross debt of said City, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $380,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 10. Any funds received from private parties, the County of Union, the State of New Jersey or any of their agencies or any funds received from the United States of America or O-41-21 3 of 4 City of Rahway any of its agencies in aid of such purpose, shall be applied to the payment of the cost of such purpose, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purpose shall be reduced accordingly. Section 11. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the City Clerk and is available for public inspection. Section 12. The City intends to issue the bonds or notes to finance the cost of the improvement described in Section 1 of this bond ordinance. If the City incurs such costs prior to the issuance of the bonds or notes, the City hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this bond ordinance. Section 13. The full faith and credit of the City are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the City, and the City shall levy ad valorem taxes upon all the taxable real property within the City for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 14. This ordinance shall take effect twenty days after the first publication thereof after final passage. O-41-21 4 of 4 City of Rahway

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