Rahway City Council

18 Minutes CITY OF RAHWAYO NEW JERSEY MUNICIPAL COUNCIL REGULAR MEETING December 13, 202118 p.m. A, remarks sha, u, "oo,!,!ilifiii'#,:,'n'!:3":;X:l';"1;L::;;I;nr#",:!0,1H{""ii, !.!ltr'f,i! r,t minutes in du,ation ,, (Chapter 5-63 (C) Rules of Order No. 3) ROLL CALL Council President Newbury called the Meeting to order at 8:00 PM and had City Clerk Jeff Jotz read the Roll Call. PRESENT: James E. Baker, David Brown, Michael Cox, Rodney Farrar, Joseph D. Gibilisco, Joanna Miles, Jeremy E. Mojica, Vannie Deloris Parson, Danielle "Danni" Newbury 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 official newspapers and adequate and electronic notice has been provided in accordance with the Open Public Meetings Act as required by law. MINUTES November 8,2021 Regular Meeting A motion was made by Councilmember Baker and seconded by Councilmember Cox to accept and approve the above listed minutes. YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICERS AND BILL PAYMENT Mayor Giacobbe presented a proclamation for Councilman Baker PRESENTATIONS Congressman Donald M. Payne, Jr. read a statement. REPORTS OF COUNCIL COMMITTEES No reports from council committees were offered. HEARING OF CITIZENS: ITEMS ON AGENDA Except ordinances on Second Reading (f,rve 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. ORDINANCES - FIRST READING No items were offered Regular Council Meeting of December 13,2021 1 ofl0 City of Rahway  18 EXECUTIVE CLOSED SESSION In public, Council President Newbury stated that the Council had a need to enter Executive Closed Session. A motion was made by Councilmember Miles and seconded by Councilmember Cox to adopt Resolution AR-281-21 to enter into Executive Closed Session at 8:40 p.m. The Resolution was adopted as follows: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried AR-281.21 RESOLUTION AUTHORIZING AN EXECUTIVE CLOSED SESSION SUBJECT MATTER 1 Matters falling within the attorney-client privilege Council President Newbury concluded the Executive Closed Session and returned the meeting to the normal order of business at 8:59 p.m. and asked for a Roll Call. PRESENT: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury 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. RESOLUTIONS Department of Administration AR-260-21 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO MCNERNEY & ASSOCIATES, INC. FOR PROFESSIONAL APPRAISAL SERVICES FOR CITY OF RAHWAY Motion to introduce the above titled Resolution AR-260-21 on 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-261-21 RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF MUNICIPAL REPRESENTATIVES TO THE RAHWAY FIRST AID SQUAD Motion to introduce the above titled Resolution AR-261-21 on first reading was made by Councilmember Newbury, seconded by City Council and adopted by the following vote: Regular Council Meeting of December 13,2021 2ofl0 City of Rahway  18 YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury { Council President Newbury declared the motion carried. AR-262-2I RESOLUTION ADOPTING THE UNION COUNTY MULTI- JURISDICTIONAL HAZARD MITIGATION PLAN Motion to introduce the above titled Resolution AR-262-21on first reading was made by Councilmember Cox, 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.263.21 A RESOLUTION ESTABLISHING 2022 MUNICIPAL COI.INCIL MEETING DATES Motion to introduce the above titled Resolution AR-263-21 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, Parson, Newbury Council President Newbury declared the motion carried. AR-264-2I AUTHORIZING PARTICIPATION IN THE NATIONWIDE SETTLEMENT AGREEMENTS WITH JOHNSON & JOHNSON, MCKESSON, CARDINAL HEALTH, AND AMERISOURCEBERGEN TO RESOLVE CLAIMS INVOLVING THEIR ROLES IN THE COLINTRY'S OPIOID CRISIS Motion to introduce the above titled Resolution AR-264-21on 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. Department of Engineering AR-265-21 A RESOLUTION AUTHORIZING RELEASE OF A PERFORMANCE BOND TO MEzuDIA LAFAYETTE VILLAGE URBAN RENEWAL RAHWAY, LLC AS PRINCIPAL AND GEORGE CAPODAGLI AND MARGARET CAPODAGLI AS CO-PRINCIPALS, FOR 1555 MAIN STREET, BLOCK 32O,LOT 1.02 Motion to introduce the above titled Resolution AR-265-21 on 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. Regular Council Meeting of December 13, 2021 3of10 City of Rahway  18 AR.266-21 RESOLUTION RATIFYING PAYMENT TO B&W CONSTRUCTION FOR EMERGENCY SANITARY SEWER REPAIRS AT I28 WEST CHERRY STREET, PURSUANT TO N.J.S.A. 40A:1 I -6 Motion to introduce the above titled Resolution AR-266-21on first reading was made by Councilmember Gibilisco, 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. AR-267-2I RESOLUTION RATIFYING PAYMENT TO SHAUGER PROPERTY SERVICES FOR EMERGENCY SANITARY SEWER REPAIRS AT 719 PIERPONT STREET, PURSUANT TO N.J.S.A. 40A:11-6 Motion to introduce the above titled Resolution AR-267-21on first reading was made by Councilmember Mojica, 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.268-21 A RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND AND FINAL PAYMENT & ACCEPTANCE OF A MAINTENANCE BOND TO D.L.S CONTRACTING INC. FOR 2O2O RAHWAY SIDEWALK IMPROVEMENTS PROJECT Motion to introduce the above titled Resolution AR-268-21 on first reading was made by Councilmember Baker, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Moj ica, Parson, Newbury Council President Newbury declared the motion carried. Department of Public Works AR-269-21 RESOLUTION AUTHORIZING THE SALE OF LINUSED OR SEIZED CITY OWNED VEHICLES Motion to introduce the above titled Resolution AR-269-21 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 Newbury declared the motion carried. Department of Health Regular Council Meeting of December 13,2021 4 ofl0 City of Rahway  18 AR.27O-2I RESOLUTION AUTHOzuZING AN AGREEMENT FOP* 2022 ANIMAL CONTROL SERVICES WITH ASSOCIATED HUMANE SOCIETIES, INC. Motion to introduce the above titled Resolution AR-270-21on 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.27I-2I RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT TO PROVIDE CERTIFIED HEALTH EDUCATION SERVICES IN ACCORDANCE WITH PUBLIC HEALTH PRACTICE STANDARDS Motion to introduce the above titled Resolution AR-271-21on 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. 4R.272.2I RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH THE TOWNSHIP OF WINFIELD FOR HEALTH OFFICER SERVICES Motion to introduce the above titled Resolution AR-272-21on first reading was made by Councilmember Brown, 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. Police Department AR-273-21 RESOLUTION AUTHOzuZING THE SALE OF ABANDONED MOTOR VEHICLES BY THE POLICE DEPARTMENT IN ACCORDANCE WITH N.J.S.A. 39:10A-1 Motion to introduce the above titled Resolution AR-273-21on first reading was made by Councilmember Cox, 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. LR-274-21 A RESOLUTION AUTHORIZING THE PURCHASE OF LEXIPOL SUBSCzuPTION MATERIAL FOR THE POLICE DEPARTMENT Motion to introduce the above titled Resolution AR-274-21on first reading was made by Councilmember Farrar, seconded by Councilmember Gibilisco and adopted by the following vote: Regular Council Meeting of December 13,2021 5of10 City of Rahway  18 YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Mojica, Parson, Newbury Council President Newbury declared the motion carried. Department of Revenue & Finance AR-275-21 RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENTS OF TAXES FOR CY 2021 Motion to introduce the above titled Resolution AR-275-21on first reading was made by Councilmember Parson, 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. AR-276-21 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) NJ Dept of Health - Strengthening Local Health Capacity - 5291,042.00 Motion to introduce the above titled Resolution AR-276-21on first reading was made by Councilmember Gibilisco, seconded by 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. AR-277-21 A RESOLUTION AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION PURSUANT TO N.J.S.A. 40A:4-54 TO COVER THE COST OF EXTRAORDINARY EXPENSES FOR THE REPAIR AND RECONSTRUCTION OF STREETS, ROADS OR BRIDGES, OR OTHER PUBLIC PROPERTY DAMAGED BY FLOOD OR HURRICANE Motion to introduce the above titled Resolution AR-277-21on 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-278-21 RESOLUTION AUTHORIZING THE TRANSFER OF CY 2021 BUDGET APPRPRIATIONS Motion to introduce the above titled Resolution AR-278-21 on first reading was made by Councilmember Mojica, seconded by Councilmember Brown and adopted by the following vote: YES: Councilmembers Baker, Brown, Cox, Farrar, Gibilisco, Miles, Moj ica, Parson, Newbury Regular Council Meeting of December 13,2021 6ofl0 City of Rahway  18 Council President Newbury declared the motion carried. Department of Administration AR-279-21 RESOLUTION SUPPORTING THE ESTABLISHMENT AND OPERATION OF FACILITIES FOR CANNABIS CULTIVATION AND/OR MANUFACTURING BY AETERNA,LLC, LOCATED AT 2II EAST INMAN AVENUE Motion to introduce the above titled Resolution AR-279-21on 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. AR-280-21 RESOLUTION SUPPORTING THE ESTABLISHMENT AND OPERATION OF FACILITIES FOR CANNABIS CULTIVATION AND/OR MANUFACTURING BY SAUCEY FARMS Motion to introduce the above titled Resolution AR-280-21 on first reading was made by Councilmember Newbury, 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. 12. ORDINANCES - FINAL ADOPTION / SECOND READING o-44-21 AN ORDINANCE AMENDING CHAPTER 31 1 PEDDLING, SOLICITING AND VENDING OF THE CITY OF RAHWAY TO ADD ARTICLE VI FOOD VEHICLES (Newbury, Entire Council) Council PresidentNewbury 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 0-44-21on second 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. Regular Council Meeting of December 13,2021 7ofl0 City of Rahway  18 o-4s-21 AN ORDINANCE AMENDING THE CODE FOR THE CITY OF RAHWAY CHANGING ALL REFERENCES TO THE "PARKING AUTHORITY'' OR "PARKING DIVISION" TO "PARKING UTILITY" (Miles, Cox) 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 O-45^21on second 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. o-46-21 AN ORDINANCE TO AMEND CHAPTER 365, STREETS AND SIDEWALKS; BY AMENDING IN ITS ENTIRETY, ARTICLE V, STREET OPENINGS AND EXCAVATIONS, OF THE MUNICIPAL CODE OF THE CITY OF RAHWAY (Miles, Farrar) 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 0-46-21on second 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 Newbury declared the motion carried. o-47-21 BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $8OO,OOO FOR THE 2021 ROAD AND SIDEWALK IMPROVEMENT PROGRAM IN, BY AND FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, NEW JERSEY, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS (Gibilisco, Brown) 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. Regular Council Meeting of December 13,2021 8of10 City of Rahway  18 Motion to adopt the above titled Ordinance 0-47-21 on second reading was made by Councilmember Gibilisco, 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. o-47-21 BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $8OO,OOO FOR THE 2021 ROAD AND SIDEWALK IMPROVEMENT PROGRAM IN, BY AND FOR THE CITY OF RAHWAY,IN THE COLINTY OF UNION, NEW JERSEY, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS (Gibilisco, Brown) Council PresidentNewbury opened the Public Hearing onthis 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 0-47-21 on second reading was made by Councilmember Gibilisco, 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. o-48-21 AN ORDINANCE AMENDING CHAPTER 411 OF THE CODE OF THE CITY OF RAHWAY ("WATER") (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. With no one appearing, Council President Newbury closed the Public Hearing Motion to adopt the above titled Ordinance 0-48-21 on second 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. Regular Council Meeting of December 13,2021 9ofl0 City of Rahway  18 MISCELLANEOUS (Unfinished Business) No items were offered. COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) With no one appearing, Council President Newbury closed the Public Hearing. ADJOURNMENT A motion to adjourn the meeting was made by Councilmember Cox and seconded by Councilmember Baker. The meeting was officially adjourned at9:23 p.m. without objection on a voice vote. Approved: J J City Danielle Newbury, Council Regular Council Meeting of December 13,2021 10 of l0 City of Rahway