Rahway City Council

CITY OF RAHWAYO NEW JERSEY MUNICIPAL COUNCIL REGULAR MEETING MINUTES April 10,2023,7 p.m. ROLL CALL Council President Cox called the meeting to order at7:0I p.m. and asked for a Roll Call. PRESENT: Councilmembers Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: CouncilmembersBrooks,Gibilisco PLEDGE OF ALLEGIANCE and INVOCATION Council President Cox led the Pledge of Allegiance. Councilmember Newbury offered an Invocation OPEN PUBLIC MEETING STATEMENT: Notice of this meeting has been sent to the official newspapers and adequdte and electronic notice has been provided in accordance with the Open Public Meetings Act as required by law. Councilmember Brooks arrived at7:02 pm. MINUTES March 7,2023 Pre-Meeting Conference March 13,2023 Regular Meeting A motion was made by Councilmember Newbury and seconded by Councilmember Parson to accept and approve the above listed minutes. YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried PRESENTATIONS Councilmember Miles presented a Mayoral proclamation recognizing4p-lWolf-Hirschhorn Syndrome Awareness Day COMMUNICATIONS: MAYOR' REPORTS OF CITY OFFICERS AND BILL PAYMENT REPORTS OF COUNCIL COMMITTEES No reports from council committees were offered. A motion was made by Councilmember Newbury and seconded by Councilmember Brooks to remove First reading Ordinance 0-22-23 from the agenda. I YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: Councilmember Gibilisco i I t Regular Council Meeting of April 10,2023 I of12 City of Rahway Council President Cox declared the motion carried. A motion was made by Councilmember Miles and seconded by Councilmember Newbury to place AR- ll3-23 on the Agenda and Consent Agenda. YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. HEARING OF CITIZENS: ITEMS ON AGENDA Except ordinances on Second Reading (five minutes per speaker) Council President Cox opened the floor for hearing of citizens. And with no one appearing, Council President Cox closed the public hearing. ORDINANCES _ FIRST READING O.2O-23 AN ORDINANCE AMENDING CHAPTER 344 "SIDEWALK CAFES" Motion to introduce the above titled Ordinance was made by Councilmember Mojica, seconded by Councilmember Parson and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Farker, Parson, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. o-21-23 AN ORDINANCE AMENDING THE AMENDED AND SUPPLEMENTED CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN Motion to introduce the above titled Ordinance was made by Councilmember Brown, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. o-23-23 AN ORDINANCE AMENDING CHAPTER 373 "SWIMMING POOLS, PUBLIC'' BY AMENDING THE TITLE TO "SWIMMING POOLS AND PUBLIC RECREATIONAL BATHING FACILITIES'' AND AMENDING THE ORDINANCE TO SET LICENSING AND INSPECTION REQUIREMENTS Regular Council Meeting of April 10,2023 2of12 City of Rahway  Motion to introduce the above titled Ordinance was made by Councilmember Brown, seconded by Council President Cox and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Council President Cox: 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. These Ordinances will come up for Public Hearing and further action at a Council Meeting on May 8 at7 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 marked with an asterisk (*) are considered routine by the City Council and 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 Parker to adopt the Consent Agenda. The Consent Agenda was adopted by the following vote. YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parker, Parson, Cox ABSENT: CouncilmemberGibilisco Council President Cox declared the motion carried. RESOLUTIONS Department of Engineering & Land Use *AR-92-23 RESOLUTION ENTERING INTO AN AGREEMENT WITH ANDREY KRAVTSOV OF KEY DETAIL IN THE AMOUNT NOT TO EXCEED $22,OOO TO INSTALL A MURAL AT THE PASEO AS PART OF THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 2023 COMMUNITY BASED ART GRANT PROGRAM Motion to adopt the above titled Resolution was made by Councilmember Miles, seconded by Councilmember Mojica and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried Regular Council Meeting of April 10, 2023 3of12 City of Rahway  *AR-93-23 RESOLUTION AUTHORIZING THE EXECUTION OF AN ACCESS AGREEMENT WITH LUKOIL NORTH AMERICA,LLC FOR THE INSTALLATION OF A TEMPORARY GROUNDWATER MONITORING WELL ON MUNICIPAL PROPERTY Motion to adopt the above titled Resolution was made by Councilmember Brown, seconded by Councilmember Newbury and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Department of Fire *AR-94-23 A RESOLUTION AWARDING CONTRACT TO LEXIPOL INC. FOR FIRE DEPARTMENT POLICY MAINTENANCE AND SUPPORT OF THE POLICIES REQUIRED Motion to adopt the above titled Resolution was made by Councilmember Parson, seconded by the Councilmember Miles and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Department of Health *AR-95-23 RESOLUTION OF AGREEMENT TO ACCEPT NJACCHO ENHANCING LOCAL PUBLIC HEALTH INFRASTRUCTURE GRANT FLINDS FOR RAHWAY DEPARTMENT OF HEALTH Motion to adopt the above titled Resolution was made by Council President Cox, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Courrcil President Cox declared the tnotiotr carried. Regular Council Meeting of April 10,2023 4of12 City of Rahway  *AR-96-23 A RESOLUTION AUTHORIZING AN AGREEMENT WITH NOVER ENGELSTEIN & ASSOCIATES, INC FOR HEALTH INSPECTION SOFTWARE Motion to adopt the above titled Resolution was made by Councilmember Brooks, seconded by Councilmember Brown and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried *AR-97-23 A RESOLUTION AUTHORIZING AN AGREEMENT WITH SAFEPOINT SCIENTIFIC FOR TEMPERATURE MONITORING SYSTEMS OF VACCINE STORAGE UNITS Motion to adopt the above titled Resolution was made by Councilmember Newbury, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried. *AR-98-23 RESOLUTION AUTHORIZING THE MAYOR OR CLERK TO ENTER INTO A SHARED SERVICE AGREEMENT BETWEEN THE CITY OF RAHWAY AND THE BOARD OF EDUCATION OF THE CITY OF RAHWAY FOR NURSING SERVICES FOR NONPUBLIC SCHOOL PUPILS Motion to adopt the above titled Resolution was made by Councilmember Parson, seconded by Councilmember Mojica and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Department of Recreation *AR-99-23 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 2023-2024 AND ENTER INTO A CONTRACT THERETO Motion to adopt the above titled Resolution was made by Council President Cox, seconded by Councilmember Brooks and adopted by the following vote: Regular Council Meeting of April 10,2023 5 of12 City of Rahway  YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried. Department of Public Works *AR.100.23 A RESOLUTION AWARDING A SERVICE CONTRACT FOR CUTTING AND CONTROL OF VEGETATION ON THE RAHWAY FLOOD CONTROL LEVEE Motion to adopt the above titled Resolution was made by Councilmember Parson, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried Department of Police *AR-101-23 RESOLUTION OF THE CITY OF RAHWAY AUTHORIZING THE AWARD OF A CONTRACT TO USGOVBID/AUCTION LIQUIDATION SERVICES AND THE SALE ON AN ONLINE AUCTION WEBSITE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE Motion to adopt the above titled Resolution was made by Councilmember Brooks, seconded by Councilmember Miles and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. *AR.102.23 RESOLUTION AUTHORIZING THE SALE OF LTNUSED OR SEIZED CITY PROPERTY Motion to adopt the above titled Resolution was made by Council President Cox seconded by the Entire Council and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Regular Council Meeting of April 10, 2023 6of12 City of Rahway Department of Revenue & Finance *AR.103.23 RESOLUTION AUTHORIZING ISSUANCE OF DUPLICATE TAX SALE CERTIFICATES PURSUANT TO CHAPTER 99 OF PUBLIC LAWS OF 1997 Motion to adopt the above titled Resolution was made by Councilmember Parson, seconded by Councilmember Brown and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried *AR.1O4-23 RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATE FOR ZO22TAXLIENS Motion to adopt the above titled Resolution was made by Councilmember Miles, seconded by Council President Cox and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried. *AR-105-23 A RESOLUTION AUTHORIZING REFLTND OF OVERPAYMENT OF WATER BILLS Motion to adopt the above titled Resolution was made by Councilmember Brooks, seconded by Councilmember Mojica and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Department of Administration *AR-106-23 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF UNION FOR USE OF RAHWAY RIVER PARK FOR THE 2023 CTTY OF RAHWAY INDEPENDENCE DAY FAIR AND FIREWORKS Regular Council Meeting of April 10,2023 7 of12 City of Rahway  Motion to adopt the above titled Resolution was made by Councilmember Brown, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Patson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried *AR-107-23 RESOLUTION AUTHORIZING A HOLD HARMLESS AGREEMENT WITH THE HISTORIC RAHWAY CEMETERY FOR USE OF THE CEMETERY DURING THE 2023 CITY OF RAHWAY INDEPENDENCE DAY FAIR AND FIREWORKS Motion to adopt the above titled Resolution was made by Council President Cox, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. *AR-109-23 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF RAHWAY AND THE RAHWAY COMMUNITY ACTION ORGANIZATION (RCAO), A s01 (c) 3 ORGANIZATION Motion to adopt the above titled Resolution was made by Councilmember Brown, seconded by Council President Cox and adopted by the following vote: YES: Councilmembers Brooks, Brown, Milcs, Mojica, Ncwbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council President Cox declared the motion carried. *AR.11O-23 A RESOLUTION CONFIRMING THE MAYOR'S APPOINTMENT OF RICK ZDAN TO THE ZONING BOARD OF ADruSTMENT Motion to adopt the above titled Resolution was made by Council President Cox seconded by Councilmember Mojica and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Regular Council Meeting of April 10,2023 8 of12 City of Rahway  *AR-112.23 RESOLUTION AMENDING THE EXPIRATION DATE OF THE TERM OF ZONING BOARD ALTERNATE #3 MEMBER COURTNEY ANDERSON Motion to adopt the above titled Resolution was made by Councilmember Brown, seconded by Councilmember Miles and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. *AR.113-23 A RESOLUTION AUTHORIZING THE SETTLEMENT OF TAX APPEALS FILED BY WOODBRIDGE AVENEL, LLC, FOR THE TAX YEARS 2016,20T7 ,2018, 20t9, 2020, 2021 AND 2022 Motion to adopt the above titled Resolution was made by Councilmember Miles, seconded by Councilmember Newbury and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. ORDINANCES - FINAL ADOPTION / SECOND READING o-12-23 AN ORDINANCE AMENDING CHAPTER 3I I "PEDDLING, SOLICITING AND VENDING", ARTICLE V "FOOD VEHICLES'' SECTION 35 "BUSINESS LICENSE AND EMPLOYEE PERMIT REQUIRED" AND SECTION 37 "FEES" OF THE CODE OF THE CITY OF RAHWAY Council President Cox opened the Public Hearing on this matter and asked if any citizen wished to be heard and give hislher name and address. Motion to adopt the above titled Ordinance 0-12-23 was made by Council President Cox, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Regular Council Meeting of April 10,2023 9of12 City of Rahway  o-13-23 AN ORDINANCE AMENDING AND SUPPLEMENTING ARTICLE XVII (DEPARTMENT OF POLTCE), CHAPTER $5-66 (ESTABLTSHMENT, COMPOSITION, PROCEDURES) IN ORDER TO CREATE A SAFE EXCHANGE ZONE FOR THE CITY OF RAHWAY Council President Cox opened the Public Hearing on this matter and asked if any citizen wished to be heard and give his/her name and address. Motion to adopt the above titled Ordinance O-13-23 on second reading was made by Councilmember Mojica, seconded by Councilmember Parker and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried o-t4-23 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER $389 "TOW TRUCKS; WRECKERS,'OF THE CODE OF THE CITY OF RAHWAY Motion to adopt the above titled Ordinance O-14-23 on second reading was made by Councilmember Brown, seconded by Councilmember Newbury and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT Councilmember Gibilisco Council Prcsident Cox declared the motion carried. o-15-23 AN ORDINANCE AMENDING ORDINANCE NO. 0-41-22 LAND USE LEGTSLATTON, CHAPTER 421 (ZONING) TO MODIFY REGULATIONS FOR CLASS 5 CANNABIS LICENSED RETAIL BUSINESSES IN THE CITY OF RAHWAY Council President Cox opened the Public Hearing on this matter and asked if any citizen wished to be heard and give his/her name and address: Samuel Serrano 714E. Scott Ave. Richard Poklemba 548 E. Grand Ave. Vincente Barragan 2010 Barnett St. Carol Martinez 146 Madison Ave. Lydia Chacon 1271 Revoir Dr. Sexto Alvarez 1180 Tumer St. Oliver Blackwell 1996 Bamett St. Charles Reul 724 E. Scott Ave. Gina Reul 7148. Scott Ave. Regular Council Meeting of April 10, 2023 l0 of 12 City of Rahway  Cynthia Chacon-Serrano 714F. Scott Ave. Lydia Chacon 7148. Scott Ave. Valerie Ordonez 1377 Jefferson Ave Beth Battinelli 1245 MainSt. #251 Mayor Giacobbe addressed some of the speakers' comments. Motion to adopt the above titled Ordinance O-15-23 on second reading was made by Council President Cox, seconded by the Entire Council and adopted by the following vote: YES: Councilmembers Brooks, Brown, Miles, Newbury, Parson, Parker, Cox NO: Councilmember Mojica ABSENT Councilmember Gibilisco Council President Cox declared the motion carried. o-16-23 AN ORDINANCE AMENDING ORDINANCE NO. 0-42-22 WHICH CREATED A NEW CHAPTER 422,*ESTABLISHMENT OF CANNABIS LICENSING AND BUSINESS REGULATIONS'' WITHIN THE CODE FOR ALL CANNABIS BUSINESSES WITHIN THE CITY OF RAHWAY Council President Cox opened the Public Hearing on this matter and asked if any citizen wished to be heard and give hislher name and address: Samuel Serrano 7148. Scott Ave. Motion to adopt the above titled Ordinance O-16-23 on second reading was made by Council President Cox, seconded by the Entire Council and adopted by the following vote: YES Councilmembers Brooks, Brown, Miles, Mojica, Newbury, Parson, Parker, Cox ABSENT: Councilmember Gibilisco Council President Cox declared the motion carried. Council President Cox: 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 of April 10,2023 l1 of12 City of Rahway COMMUNICATIONS: HEARING OF CITIZENS ON ANY ITEM (Five minutes per speaker) Council President Cox opened the floor for hearing of citizens. Samuel Serrano 714F.. Scott Ave. Melissa Ohlund 467 Stanley Pl. Branden Smith 1280 Clark St. Ronald McRae 840 E. Hazelwood Ave. With no one else appearing, Council President Cox closed the public hearing. COUNCIL COMMENTS (Three minutes per member) The Councilmembers offered their comments. ADJOURNMENT A motion to adjourn the meeting at 9:01 pm was made by Councilmember Newbury and seconded by Councilmember Brooks. The meeting was officially adjourned at 9:01 pm without objection on a voice vote. Approved: I J City Clerk Vannie D. Parson, Council President Regular Council Meeting of April 10,2023 12 of 12 City of Rahway