Rahway City Council

CITY OF RAHWAY, NEW JERSEY MUNICIPAL COUNCIL REGULAR MEETING MINUTES March 14, 2022, 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) ROLL CALL Council President Miles called the meeting to order at 7:00 p.m. and called the roll: PRESENT: Councilmembers Brooks, Brown, Cox, Gibilisco, Newbury, Parson, Miles ABSENT: Councilmembers Farrar and Mojica PLEDGE OF ALLEGIANCE and INVOCATION Council President Miles led the Pledge of Allegiance and Council Vice President Brown offered an Invocation. Councilman Mojica arrived at 7:02 PM Councilman Farrar arrived at 7:04 PM OPEN PUBLIC MEETING STATEMENT: The City Clerk 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 February 14, 2022 Regular Meeting A motion was made by Councilmember Gibilisco and seconded by Councilmember Newbury to accept and approve the above listed minutes. YES: Councilmembers Brooks, Brown, Gibilisco, Mojica, Newbury, Parson, Miles ABSENT: Councilmembers Cox and Farrar PRESENTATIONS City Clerk Jeff Jotz relayed a thank you letter from the Rahway Elks Lodge. COMMUNICATIONS: MAYOR, REPORTS OF CITY OFFICERS AND BILL PAYMENT The Mayor made 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 Miles opened the floor for hearing of citizens and with no one appearing, Council President Miles closed the public hearing. ORDINANCES – FIRST READING O-13-22 AN ORDINANCE AMENDING THE TOWNSHIP CODE CHAPTER §47-2 “ESTABLISHMENT OF LOCAL HOUSING AUTHORITY; POWER AND DUTIES” ESTABLISHING TERMS FOR THE HOUSING AUTHORITY MEMBERS AND ESTABLISHING CURRENT MEMBERS’ TERMS Regular Council Meeting of March 14, 2022 1 of 10 City of Rahway  Motion to introduce the above titled Ordinance O-13-22 on first reading was made by Councilmember Miles, seconded by Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-14-22 AN ORDINANCE AMENDING CHAPTER 421 ZONING OF THE CITY OF RAHWAY TO PERMIT CANNABIS BUSINESSES IN CERTAIN LOCATIONS Motion to introduce the above titled Ordinance O-14-22 on first reading was made by Councilmember Miles, seconded by Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-15-22 BOND ORDINANCE TO AUTHORIZE THE RECONSTRUCTION OF THE TENNIS COURT SURFACES AT BERZINEC PARK 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 Motion to introduce the above titled Ordinance O-15-22 on first reading was made by Councilmember Newbury, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-16-22 BOND ORDINANCE TO AUTHORIZE THE 2022 ROAD AND SIDEWALK IMPROVEMENT PROGRAM IN, BY AND FOR THE CITY OF RAHWAY, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $2,650,000 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 Motion to introduce the above titled Ordinance O-16-22 on first reading was made by Councilmember Miles, seconded by Entire Council and adopted by the following vote: Regular Council Meeting of March 14, 2022 2 of 10 City of Rahway  YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-17-22 BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $325,000 FOR THE UNDERTAKING OF VARIOUS IMPROVEMENTS TO BRENNAN FIELD 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 Motion to introduce the above titled Ordinance O-17-22 on first reading was made by Councilmember Parson, seconded by Councilmember Brown and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles 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 further action at a Council Meeting on April 11th 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 Newbury and seconded by Councilmember Brown to adopt the Consent Agenda. The Consent Agenda was adopted without objection on a voice vote. YES: Councilmembers Brooks, Brown, Cox, Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. RESOLUTIONS Council President Miles removed AR-76-22 and AR-77-22 from the agenda. Department of Administration AR-59-22 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO LERCH, VINCI & HIGGINS TO PROVIDE MUNICIPAL AUDITING SERVICES Motion to introduce the above titled Resolution AR-59-22 on first reading was made by Councilmember Cox, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Regular Council Meeting of March 14, 2022 3 of 10 City of Rahway  Council President Miles declared the motion carried. Department of Health AR-60-22 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CITY OF ELIZABETH TO PROVIDE SEXUALLY TRANSMITTED DISEASE (STD) CLINIC SERVICES IN ACCORDANCE WITH PUBLIC HEALTH PRACTICE STANDARDS Motion to introduce the above titled Resolution AR-60-22 on first reading was made by Councilmember Newbury, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-61-22 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE NEW JERSEY MEDICAL SCHOOL GLOBAL TUBERCULOSIS INSTITUTE AT RUTGERS BIOMEDICAL AND HEALTH SCIENCES (RBHS) FROM 1/1/2022 – 12/31/22 Motion to introduce the above titled Resolution AR-61-22 on first reading was made by Councilmember Parson, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. Department of Building AR-62-22 RESOLUTION AUTHORIZING THE FILING OF LIENS AGAINST CERTAIN PROPERTIES TO RECOVER CLEANUP COSTS INCURRED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 151-4 OF THE CODE OF THE CITY OF RAHWAY AND N.J.S.A. 40:48-2.14 (MARCH 2022) Motion to introduce the above titled Resolution AR-62-22 on first reading was made by Councilmember Brown, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. Regular Council Meeting of March 14, 2022 4 of 10 City of Rahway  Department of Recreation AR-63-22 A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF RAHWAY TO ADMINISTER THE MUNICIPAL ALLIANCE GRANT, INCLUDING THE ADMINISTRATIVE COMPLANCE AND AUDIT REQUIREMENTS OF THE MODIFIED GCADA’s MUNICIPAL ALLIANCE GRANT FOR FISCAL YEAR 2022-2023 AND ENTER INTO A CONTRACT THERETO Motion to introduce the above titled Resolution AR-63-22 on first reading was made by Councilmember Brooks, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. Department of Public Works AR-64-22 A RESOLUTION AWARDING A SERVICE CONTRACT FOR CUTTING AND CONTROL OF VEGETATION ON THE RAHWAY FLOOD CONTROL LEVEE Motion to introduce the above titled Resolution AR-64-22 on first reading was made by Councilmember Newbury, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. Department of Revenue & Finance AR-65-22 RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENTS OF TAXES FOR CY 2022 Motion to introduce the above titled Resolution AR-65-22 on first reading was made by Councilmember Gibilisco, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-66-22 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES FOR 2018, 2019 AND 2021 TAX LIENS Motion to introduce the above titled Resolution AR-66-22 on first reading was made by Councilmember Farrar, seconded by Councilmember Parson and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Regular Council Meeting of March 14, 2022 5 of 10 City of Rahway  Council President Miles declared the motion carried. AR-67-22 AUTHORIZING THE SALE OF MUNICIPAL TAX SALE CERTIFICATES BY ASSIGNMENT Motion to introduce the above titled Resolution AR-67-22 on first reading was made by Councilmember Brown, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-68-22 A RESOLUTION AUTHORIZING THE TRANSFER OF CY 2021 BUDGET APPROPRIATION RESERVES Motion to introduce the above titled Resolution AR-68-22 on first reading was made by Councilmember Brown, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-69-22 RESOLUTION ADOPTING THE CITY OF RAHWAY CY 2022 SPECIAL IMPROVEMENT DISTRICT BUDGET Motion to introduce the above titled Resolution AR-69-22 on first reading was made by Councilmember Miles, seconded by Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-70-22 A RESOLUTION AUTHORIZING A TEMPORARY CAPITAL BUDGET Motion to introduce the above titled Resolution AR-70-22 on first reading was made by Councilmember Brown, seconded by Councilmember Cox and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. Department of Engineering AR-71-22 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE “379 LOWER ALDEN DRIVE/ALLEN STREET BROOK STABILIZATION PROJECT” FOR THE CITY OF RAHWAY TO ADS CONTRACTORS LLC Motion to introduce the above titled Resolution AR-71-22 on first reading was made by Councilmember Farrar, seconded by Councilmember Cox and adopted by the following vote: Regular Council Meeting of March 14, 2022 6 of 10 City of Rahway  YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-72-22 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MAINTENANCE BOND AND RETURN OF PERFORMANCE BOND AND FINAL PAYMENT FOR THE “2019 ROADWAY RESURFACING PROJECT” TO DLS CONTRACTING, INC. Motion to introduce the above titled Resolution AR-72-22 on first reading was made by Councilmember Newbury, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-73-22 RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO NAJARIAN ASSOCIATES, INC. FOR COMMUNITY RATING SYSTEMS ENGINEERING SERVICES FOR CITY OF RAHWAY Motion to introduce the above titled Resolution AR-73-22 on first reading was made by Councilmember Parson, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-74-22 A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE PROJECT ENTITLED “BRENNAN FIELD SPLASH PARK PROJECT” FOR THE CITY OF RAHWAY TO PICERNO-GIORDANO CONSTRUCTION, LLC Motion to introduce the above titled Resolution AR-74-22 on first reading was made by Councilmember Parson, seconded by Councilmember Brown and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-75-22 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF RAHWAY AND CME ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE FINAL DESIGN PHASE OF THE AMTRAK STRUCTURES IMPROVEMENTS PROJECT Motion to introduce the above titled Resolution AR-75-22 on first reading was made by Councilmember Brooks, seconded by Councilmember Miles and adopted by the following vote: Regular Council Meeting of March 14, 2022 7 of 10 City of Rahway  YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. AR-78-22 A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE PROJECT ENTITLED “NJDOT FY2022 MADISON AVENUE AND WEST LAKE AVENUE PROJECT” FOR THE CITY OF RAHWAY TO RIVERVIEW PAVING INC. Motion to introduce the above titled Resolution AR-78-22 on first reading was made by Councilmember Cox, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. ORDINANCES – FINAL ADOPTION / SECOND READING O-7-22 AN ORDINANCE TO AMEND THE “AMENDED AND SUPPLEMENTED CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN” TO ELIMINATE CHANGE OF USE REQUIREMENTS, RESTRICTIONS ON PERSONAL SERVICE USES, AND THE PROHIBITION OF TATTOO PARLORS (Miles, Entire Council) Council President Miles 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 Miles closed the Public Hearing. Motion to adopt the above titled Ordinance O-7-22 on second reading was made by Councilmember Miles, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-8-22 AN ORDINANCE AMENDING CHAPTERS 349 SITE PLAN REVIEW AND 421 ZONING OF THE CITY OF RAHWAY TO ELIMINATE PLANNING BOARD APPROVAL FOR CONFORMING PERMITTED USES (Miles, Entire Council) Council President Miles 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 Miles closed the Public Hearing. Motion to adopt the above titled Ordinance O-8-22 on second reading was made by Councilmember Miles, seconded by the Entire Council and adopted by the following vote: Regular Council Meeting of March 14, 2022 8 of 10 City of Rahway  YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-9-22 AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING (Brooks, Gibilisco) Council President Miles 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 Miles closed the Public Hearing. Motion to adopt the above titled Ordinance O-9-22 on second reading was made by Councilmember Brooks, seconded by Councilmember Gibilisco and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-10-22 AN ORDINANCE ELIMINATING IN ITS ENTIRETY CHAPTER 245 ENTITLED GRAFFITI OF THE CODE OF THE CITY OF RAHWAY AND AMENDING CHAPTER 307 “PEACE AND GOOD ORDER”, ARTICLE 1 “DISORDERLY CONDUCT” SECTION 7 “DEFACING PUBLIC OR PRIVATE PROPERTY” BY CREATING SUBSECTION A TITLED “GRAFFITI” OF THE CODE OF THE CITY OF RAHWAY (Mojica, Farrar) Council President Miles 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 Miles closed the Public Hearing. Motion to adopt the above titled Ordinance O-10-22 on second reading was made by Councilmember Mojica, seconded by Councilmember Farrar and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. O-12-22 AN ORDINANCE AMENDING CHAPTER 5, “ADMINISTRATION OF GOVERNMENT” ARTICLE XIV, “PROCEDURES OF MUNICIPAL COUNCIL” SECTION 5-63 “PRE-MEETING CONFERENCES” OF THE REVISED GENERAL ORDINANCES OF THE CITY OF RAHWAY (Miles, Entire Council) Council President Miles opened the Public Hearing on this matter and asked if any citizen wished to be heard and give his/her name and address. Regular Council Meeting of March 14, 2022 9 of 10 City of Rahway  With no one appearing, Council President Miles closed the Public Hearing. Motion to adopt the above titled Ordinance O-12-22 on second reading was made by Councilmember Miles, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Cox Farrar, Gibilisco, Mojica, Newbury, Parson, Miles Council President Miles declared the motion carried. City Clerk 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) Mayoral Proclamation honoring Shyanne Guillette COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) 1. Andrew Garcia Phillips (1470 Campbell Street, PH2) Commented on a follow up to Councilmembers regarding an e-mail his wife, Amy Garcia- Phillips sent to them. COUNCIL COMMENTS (Three minutes per member) The Councilmembers offered their remarks. ADJOURNMENT A motion to adjourn the meeting at 7:31 PM was made by Councilmember Brooks and seconded by Councilmember Parson. The meeting was officially adjourned at 7:31 PM without objection on a voice vote. Approved: _____________________________ _______________________________________ Jeffrey J. Jotz, City Clerk Joanna Miles, Council President Regular Council Meeting of March 14, 2022 10 of 10 City of Rahway