MINUTES REGULAR MEETING MUNICIPAL COUNCIL - CITY OF RAHWAY, NEW JERSEY JANUARY 10, 2011 7 P.M. 3 1. Council President Brown called the meeting to order at 7:08 p.m. and asked for a Roll Call. PRESENT: ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman City Clerk Jean D. Kuc announced the meeting had been advertised and posted in accordance with the Open Public Meetings Act of the State of New Jersey. This meeting of was included in a list of meetings notice sent to the Star- Ledger, Home News Tribune, The Progress and the Rahway News-Record, posted on the bulletin board in the Municipal Building on January 2, 2011 and has remained continuously posted as the required notices under the Statute. In addition, a copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk. 2. PLEDGE OF ALLEGIANCE In the absence of a member of the Clergy, Councilmember Mione offered an invocation. 3. APPROVAL OF MINUTES December 7, 2010 7 p.m. Pre-Meeting Conference December 13, 2010 7 p.m. Motion was made by Councilmember Scaturo and seconded by Councilmember Rachlin to accept and approve the above listed minutes. ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman 4. PRESENTATIONS City Engineer James Housten gave a presentation on the Bell Bulding/ampitheater site on Hamilton Street. 5. COMMUNICATIONS FROM MAYOR, REPORTS OF CITY OFFICERS AND LIST OF PAYMENT OF BILLS FOR DECEMBER
Page 2 of 17 6. REPORTS OF COUNCIL COMMITTEES Councilmember Mione, Martin Luther King Jr.: Reminded everyone of the Martin Luther King, Jr. celebration weekend. Mayor Proctor: Announced that he will be holding office hours on Wednesdays from 10:30 a.m.-1:30 p.m. beginning on January 26 and Monday nights before the Regular Council meetings from 4:30-7 p.m. City Hall will also be open on those nights beginning February 14. Motion was made by Councilmember Cox and seconded by Councilmember Saliga to place AR- 33-11 on the Agenda and Consent Agenda. ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman Motion was made by Councilmember Cox and seconded by Councilmember Saliga to place AR- 34-11 on the Agenda and Consent Agenda. ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman Motion was made by Councilmember Cox and seconded by Councilmember Saliga to place AR- 36-11 on the Agenda and Consent Agenda. ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman
Page 3 of 17 Motion was made by Councilmember Cox and seconded by Councilmember Saliga to place AR- 37-11 on the Agenda and Consent Agenda. ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman Council President Brown announced that resolutions AR-29-11 and AR-31-11 are removed from the Agenda. 7. HEARING OF CITIZENS Items on Agenda, Except Ordinances on Second Reading With no one appearing, Council President Brown closed the Public Hearing. 8. CONSENT AGENDA Motion made by Councilmember Rachlin seconded by Councilmember Cox to adopt the Consent Agenda, and was adopted by the following vote: ABSENT: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown Councilmember Steinman 9. ORDINANCES - First Reading O-1-11 City Clerk Jean D. Kuc read AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED PARKING. Motion to introduce the above Ordinance on first reading was made by Councilmember Rachlin, seconded by Councilmember Cox and adopted by the following vote: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson
Page 4 of 17 Council President Brown: This Ordinance is declared adopted on first reading and the City Clerk is hereby authorized and directed to advertise said notice of its introduction and passage according to law. This Ordinance will come up for Public Hearing and further action at the on Monday, February 14, 2011 at 7 p.m. O-2-10 City Clerk Jean D. Kuc read AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY (VEHICLES AND TRAFFIC). Motion to introduce the above Ordinance on first reading was made by Councilmember Cox, seconded by Councilmember Baker and adopted by the following vote: Councilmembers Cox, Mione, Rachlin, Saliga, Scaturo, Wenson 10. RESOLUTIONS ABSTAIN: Councilmember Baker Council President Brown: This Ordinance is declared adopted on first reading and the City Clerk is hereby authorized and directed to advertise said notice of its introduction and passage according to law. This Ordinance will come up for Public Hearing and further action at the on Monday, February 14, 2011 at 7 p.m. *AR-5-11 Councilmember Saliga presented and moved A RESOLUTION DESIGNATING AN AUTHORIZED REPRESENTATIVE TO EXECUTE ALL NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION TREATMENT WORKS APPROVAL PERMIT APPLICATION ENDORSEMENTS (FORMS TWA-1 & WQM-003 AS REQUIRED). The motion was seconded by Councilmember Scaturo. Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson
Page 5 of 17 *AR-6-11 Councilmember Scaturo presented and moved A RESOLUTION AUTHORIZING THE EXECUTION OF AN EMERGENCY INTERCONNECTION AGREEMENT BY AND BETWEEN THE CITY OF RAHWAY AND NEW JERSEY AMERICAN WATER, INC. FOR THE EMERGENCY SUPPLY OF WATER. The motion was seconded by Councilmember Wenson Maier. *AR-7-11 Councilmember Saliga presented and moved A RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT OF WATER BILLS. The motion was seconded by Councilmember Baker. *AR-8-11 Councilmember Cox presented and moved A RESOLUTION AUTHORIZING REFUND OF WATER CHARGES PAID IN ERROR. The motion was seconded by Councilmember Mione.
Page 6 of 17 *AR-9-11 Councilmember Cox presented and moved A RESOLUTION AUTHORIZING THE REFUND OF OVERBILLING OF TAXES FOR THE 2011 FISCAL YEAR. The motion was seconded by Councilmember Brown. *AR-10-11 Councilmember Scaturo presented and moved A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO CREDIT OVERPAYMENT OF TAXES DUE TO A JUDGMENT OF THE TAX COURT OF NEW JERSEY. DOCKET NO. 002205-2009. The motion was seconded by Councilmember Cox. *AR-11-11 Councilmember Brown presented and moved A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES. The motion was seconded by Councilmember Wenson Maier.
Page 7 of 17 *AR-12-11 Councilmember Brown presented and moved A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES. The motion was seconded by Councilmember Wenson Maier. *AR-13-11 Councilmember Brown presented and moved A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION OF TAX SALE CERTIFICATES. The motion was seconded by Councilmember Wenson Maier. *AR-14-11 Councilmember Saliga presented and moved A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO CREDIT OVERPAYMENT OF 2008 & 2009 TAXES DUE TO JUDGEMENTS OF THE TAX COURT OF NEW JERSEY. DOCKETS NO.002793-2006, NO. 003961-2007, NO. 005179-2008, NO. 005191-2009 AND NO. 007300-2010 FOR 2006, 2007, 2008, 2009 AND 2010 TAX YEARS. The motion was seconded by Councilmember Rachlin.
Page 8 of 17 *AR-15-11 Councilmember Brown presented and moved A RESOLUTION REQUESTING A CHANGE ORDER AUTHORIZATION FOR THE PROJECT ENTITLED MADDEN FIELD FIELDHOUSE RENOVATION PROJECT. The motion was seconded by Councilmember Cox. *AR-16-11 Councilmember Mione presented and A RESOLUTION AUTHORIZING THE REFUND OF RIGHT-OF-WAY CONSTRUCTION BOND TO RAFAEL ORTIZ FOR PERMIT #05-07-084 DATED 05/08/07 FOR DEPRESSED CURB FOR DRIVEWAY. *AR-17-11 Councilmember Baker presented and moved A RESOLUTION AUTHORIZING THE REFUND OF A BUILDING INSPECTION FEE TO JOSHUA ORTIZ. The motion was seconded by Councilmember Rachlin.
Page 9 of 17 *AR-18-11 Councilmember Cox presented and moved A RESOLUTION AUTHORIZING AN INTERLOCAL SERVICES AGREEMENT WITH THE CITY OF LINDEN (ANIMAL CONTROL SERVICES). The motion was seconded by Councilmember Scaturo. AR-19-11 Councilmember Cox presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO PROVIDE BOND COUNSEL SERVICES. The motion was seconded by Councilmember Rachlin. AR-20-11 Councilmember Cox presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO PROVIDE CONSULTING ENGINEERING SERVICES. The motion was seconded by Councilmember Scaturo.
Page 10 of 17 AR-21-11 Councilmember Brown presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT FOR AUDITING SERVICES AND/OR FINANCIAL ADVISOR SERVICES. The motion was seconded by Councilmember Cox. AR-22-10 Councilmember Rachlin presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT FOR FINANCIAL UNDERWRITING SERVICES. AR-23-10 Councilmember Brown presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT FOR RAHWAY MUNICIPAL JOINT INSURANCE FUND RISK MANAGER. The motion was seconded by Councilmember Baker.
Page 11 of 17 AR-24-10 Councilmember Cox presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT FOR FAÇADE REHABILITATION CONSULTING SERVICES. The motion was seconded by Councilmember Brown. AR-25-10 Councilmember Wenson Maier presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT FOR HOUSING REHABILITATION CONSULTING SERVICES. AR-26-10 Councilmember Baker presented and A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR PLANNING CONSULTING SERVICES FOR THE CITY OF RAHWAY.
Page 12 of 17 AR-27-10 Councilmember Rachlin presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO PROVIDE GENERAL LEGAL SERVICES. The motion was seconded by Councilmember Baker. AR-28-10 Councilmember Cox presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO PROVIDE GROUP HEALTH INSURANCE ADVISOR/BROKER SERVICES. The motion was seconded by Councilmember Wenson Maier. AR-30-10 Council President Brown: A RESOLUTION ADOPTING THE SFY 2011 MUNICIPAL BUDGET was introduced, advertised according to law, and is now before you for a public hearing: With no one appearing, Council President Brown closed the Public Hearing. Councilmember Cox moved that the resolution be tabled until February 14, 2011 The motion was seconded by Councilmember Scaturo. Roll Call to table the resolution until February 14, 2011.
Page 13 of 17 AR-32-10 Councilmember Wenson Maier presented and moved A RESOLUTION CONFIRMING THE MAYORAL APPOINTMENT OF A MEMBER TO THE BOARD OF ADJUSTMENT. *AR-33-10 Councilmember Cox presented and moved A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO CREDIT OVERPAYMENT OF TAXES DUE TO A JUDGMENT OF THE TAX COURT OF NEW JERSEY. DOCKET NO. 007649-2009 FOR THE 2009 TAX YEAR AND DOCKET NUMBER 009268-2010 FOR THE 2010 TAX YEAR. *AR-34-10 Councilmember Cox presented and moved A RESOLUTION APPROVING A PROFESSIONAL SERVICES CONTRACT TO PROVIDE CONSULTING ENGINEERING SERVICES FOR SUSTAINABLE ENERGY.
Page 14 of 17 *AR-36-10 Councilmember Cox presented and moved A RESOLUTION AWARDING OF A CONTRACT FOR LOCAL AREA NETWORK (LAN) MANAGEMENT. *AR-37-10 Councilmember Cox presented and moved A RESOLUTION AWARDING THE ACCEPTANCE OF'BID FOR THE PROJECT ENTITLED STREETSCAPE SECTION IIIA PROJECT FOR THE CITY OF RAHWAY TO BUCKLER ASSOCIATES, INC. 11. Ordinances Second Reading O-31-10 Council President Brown: The following Ordinance was adopted on first reading, advertised according to law, and is now before you for a public hearing and final adoption: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.40A:4-45.14) WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 0% unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and WHEREAS, N.J.S.A. 40A:4-45.l5a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and
Page 15 of 17 WHEREAS, the City Council of the City of Rahway in the County of Union finds its advisable and necessary to increase its SFY 2011 budget by up to 3.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and WHEREAS, the City Council hereby determines that a 3.5% increase in the budget for said year, amounting to $1,221,463 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and WHEREAS, the City Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Rahway, in the County of Union, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the SFY 2011 budget year, the final appropriations of the City of Rahway shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased up to 3.5%, amounting to $1,221,463, and that the SFY 2011 municipal budget for the City of Rahway be approved and adopted in accordance with this ordinance; and BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Council President Brown opened the Public Hearing on this matter and asked if any citizen wished to be heard, to approach the rail, give his/her name and address and be heard. With no one appearing, Council President Brown closed the Public Hearing.
Page 16 of 17 Roll Call for O-31-10: Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson *12. MISCELLANEOUS Council President Brown: This Ordinance 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. 13. COMMUNICATIONS - Hearing of Citizens Shirley J. Palmer 1659 Columbus Place Reported on citywide celebration for the Martin Luther King weekend. With no one else appearing, Council President Brown closed the Public Hearing. 14. COUNCIL COMMENT Councilmember Scaturo: Thanked department heads for attending meeting. Thanked Fire & Police Departments for dealing with fire on St. Georges Ave. and DPW for dealing with the recent snowstorm. Wished everyone a happy New Year. Councilmember Wenson Maier: Spoke on appointment of planner to Zoning Board of Adjustment. Councilmember Cox: Thanked everyone for their assistance with his first year as Council President and wished everyone happy New Year. Councilmember Mione: Thanked department heads for attending meeting and Fire and Police Departments for dealing with the fire on St. Georges Avenue. Councilmember Baker: Said that he is glad to see department heads at the meeting. Thanked departments heads for a job well done in 2010. Councilmember Brown: Spoke on fire on St. Georges Avenue. Thanked DPW for assisting with snow removal in the Fourth Ward. Said that all residents are welcome to the Martin Luther King, Jr. weekend program.
Page 17 of 17 ADJOURNMENT Motion to adjourn the meeting at 8:07 p.m. was made by Councilmember Scaturo and seconded by Councilmember Cox. Councilmembers Baker, Cox, Mione, Rachlin, Saliga, Scaturo, Wenson Maier, Brown