1. art and entertainment

REGULAR MEETING
MUNICIPAL COUNCIL - CITY OF RAHWAY, NEW JERSEY
MAY 11, 2015
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
Invocation
3. Approval of Minutes
April 7, 2015
April 13, 2015
7 p.m.
7 p.m.
Pre-Meeting Conference
Regular Meeting
4. Presentations
5. Communications from Mayor, reports of City Officers and list of Payment of Bills.
6. Reports of Council Committees.
7. Hearings of Citizens on Items on Agenda, Except Ordinances on Second Reading.
(Five Minutes per Speaker)
8. CONSENT AGENDA
Consent Agenda defined: All items listed 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 so requests, in which event the item will be
removed from the general order of business and considered in its normal sequence on the
Agenda.
9. ORDINANCES - First Reading
10. RESOLUTIONS
AR-98-15
A RESOLUTION ADOPTING THE CY 2015 MUNICIPAL BUDGET
(PUBLIC HEARING) (Bresenhan, Entire Council)
Regular Council Meeting
May 11, 2015
Page 2 of 4
* AR-99-15
A RESOLUTION SUPPORTING THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION’S DESIGNATION OF A PORTION OF STATE ROUTE
27 IN THE CITY OF RAHWAY AS A “NO PASSING ZONE” (Bresenhan,
Entire Council)
* AR-100-15
A RESOLUTION SUPPORTING ASSEMBLY BILL A-4325, THE
“TRANSPARENT TAX ACT OF 2015” (Bresenhan, Entire Council)
* AR-101-15
A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE
PROJECT ENTITLED “SINKHOLE REPAIR PROJECT” FOR THE CITY OF
RAHWAY TO S. BROTHERS, INC. (Wenson Maier, Brown)
* AR-102-15
A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE SIDEWALK
REPAIR PROJECT (Farrar, Cox)
* AR-103-15
A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT
FOR ENGINEERING CONSULTING SERVICES RELATIVE TO
CONTINUED HYDRAULIC ANALYSES OF THE WATER DISTRIBUTION
SYSTEM (Brown, Wenson Maier)
* AR-104-15
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT WITH
COLONIAL SURETY COMPANY FOR RAHWAY STREETSCAPE
SECTION III-A (Cox, Farrar)
* AR-105-15
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN
APPLICATION BY THE CITY OF RAHWAY FOR ENROLLMENT IN THE
“1033 PROGRAM” ESTABLISHED BY THE UNITED STATES
DEPARTMENT OF DEFENSE PURSUANT TO 10 U.S.C. s. 2576a (Miles,
Cox)
* AR-106-15
A RESOLUTION RESCINDING RESOLUTION AR-84-15, “A RESOLUTION
AUTHORIZING THE PURCHASE AND INSTALLATION OF RADIO
EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE POLICE
DISPATCH COMMUNICATIONS CENTER VIA STATE CONTRACT”
(Brown, Miles)
* AR-107-15
A RESOLUTION AUTHORIZING THE INSTALLATION OF RADIO
EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE POLICE
DISPATCH COMMUNICATIONS CENTER VIA STATE CONTRACT
(Farrar, Brown)
* AR-108-15
A RESOLUTION AUTHORIZING THE RETURN OF PERFORMANCE
BOND AND FINAL PAYMENT FOR THE “HAMILTON STREET
ROADWAY IMPROVEMENT PROJECT” TO CRC GENERAL
CONTRACTORS, INC. (Miles, Farrar)
Regular Council Meeting
May 11, 2015
Page 3 of 4
* AR-109-15
A RESOLUTION AUTHORIZING REFUND OF PARKS & RECREATION
FEES (Cox, Miles)
* AR-110-15
A RESOLUTION AUTHORIZING REFUND OF SENIOR SERVICES FEES
(Bresenhan, Farrar)
* AR-111-15
A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE
REDEMPTION OF TAX SALE CERTIFICATES (Brown, Wenson Maier)
* AR-112-15
A RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENT OF
TAXES FOR THE 2011 & 2015 CALENDAR YEARS (Wenson Maier, Farrar)
* AR-113-15
A RESOLUTION CANCELLING A LIEN PLACED ON A CERTAIN
PROPERTY IN THE CITY OF RAHWAY (Cox, Farrar)
* AR-114-15
A RESOLUTION AUTHORIZING THE BOND RELEASES TO BUNKER
HILL HOMES, INC., FOR 457 TENEYKE PLACE (A.K.A.JOSE GONZALES1075 RUTHERFORD STREET), BLOCK 385, LOTS 18.02 (Miles, Cox)
* AR-115-15
A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION
OF RADIO EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE
POLICE DISPATCH COMMUNICATIONS CENTER VIA STATE
CONTRACT (Brown, Wenson Maier)
11. ORDINANCES - Second Reading
O-4-15
AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE
CITY OF RAHWAY (VEHICLES AND TRAFFIC) – PERMIT PARKING
(Cox, Farrar)
O-5-15
AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET
APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A.
40A: 4-45.14) (Miles, Baker)
O-6-15
AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE
CITY OF RAHWAY (VEHICLES AND TRAFFIC) - HANDICAPPED
PARKING (Giacobbe, Farrar)
O-7-15
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 381 OF THE
CODE OF THE CITY OF RAHWAY (TAXICABS) (Cox, Brown)
Regular Council Meeting
May 11, 2015
Page 4 of 4
O-8-15
AN ORDINANCE AMENDING ORDINANCE O-16-14, "AN ORDINANCE
GRANTING RENEWAL OF MUNICIPAL CONSENT TO COMCAST TO
CONSTRUCT, CONNECT, OPERATE AND MAINTAIN A CABLE
TELEVISION AND COMMUNICATIONS SYSTEM IN THE CITY OF
RAHWAY, NEW JERSEY" (Baker, Giacobbe)
O-9-15
AN ORDINANCE ESTABLISHING MANAGEMENT POSITIONS IN THE
CITY OF RAHWAY AND PROVIDING FOR COMPENSATION FOR
MANAGEMENT EMPLOYEES OF THE CITY OF RAHWAY, NEW JERSEY
AND AMENDING ALL ORDINANCES CONCERNING SUCH
COMPENSATION HERETOFORE ADOPTED (Farrar, Wenson Maier)
12. MISCELLANEOUS
13. Communications - Hearing of Citizens on Any Item.
(Five Minutes per Speaker)
14. Council Comment
(Three Minutes per Member)
ADJOURNMENT
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-99-15
Date of Adoption
A RESOLUTION SUPPORTING THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION’S DESIGNATION OF A PORTION OF STATE ROUTE 27 IN THE CITY
OF RAHWAY AS A “NO PASSING ZONE”
WHEREAS, the New Jersey Department of Transportation (NJDOT) recently completed a traffic
investigation on State Route 27 in the City of Rahway; and
WHEREAS, the NJDOT investigation revealed the current centerline pavement markings on Route 27
meet and conform to current design standards; and
WHEREAS, NJDOT will update existing records to reflect current No Passing Zone conditions along
Route 27.
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway, County
of Union, State of New Jersey, that it supports the use of a “No Passing Zone” on Route
27 as recommended by NJDOT; and
BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to NJDOT
as requested.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-100-15
Date of Adoption
A RESOLUTION SUPPORTING ASSEMBLY BILL A-4325, THE “TRANSPARENT TAX ACT
OF 2015”
WHEREAS, Assembly Bill No. A-4325 supplementing chapter 4 of Title 54, R.S.54:4-65 and
designated the "Transparent Tax Act of 2015" is being considered for adoption by the New Jersey State
Assembly; and
WHEREAS, the amendment would permit the local jurisdiction to print separate tax bills to each
taxpayer, one showing the amount of property taxes due and payable for municipal tax purposes, the
other shall state the amount of property taxes due and payable for county purposes, school purposes, fire
district purposes, and for the purposes of any other special district on behalf of which the municipality
collects property taxes; and
WHEREAS, both bills shall include a brief tabulation showing the distribution of the total amount to be
raised by taxes; and
WHEREAS, A-4325 would require the municipal tax collector to send notice of the pro rata share, if
any, of the property tax appeal refunds paid by the municipality during the tax year to the county, school
districts, and fire districts for inclusion in their annual budgets; and
WHEREAS, in the following tax year in which the refunds were paid, the municipal tax collector is
then required to deduct the applicable pro rata share of the property tax refund from the amounts to be
paid to the county, and each school and fire district; and
WHEREAS, these amendments, if adopted, will assist the general public to understand the tax bill, the
structure of the taxes, and the level of support for each agency, and will further provide a more equitable
structure to share the obligation of paying approved tax appeals as the title states, creates transparency in
the tax supporting local assessments.
NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Rahway, County
of Union and State of New Jersey, hereby supports Assembly Bill A-4235 amending Title 54:4-65 and
urges the Legislature to approve and pass the bill for the reasons expressed herein; and
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the members of the District 22
State Assembly and State Senators, the Governor of the State of NJ, the New Jersey State League of
Municipalities, the Municipal Clerks' Association of New Jersey, and all Union County municipalities.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-101-15
Date of Adoption
A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE PROJECT ENTITLED
“SINKHOLE REPAIR PROJECT” FOR THE CITY OF RAHWAY TO S. BROTHERS, INC.
WHEREAS, bids were received in the manner provided by law; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rahway that the
following bid is hereby found and determined, as per the specifications, that S.
Brothers, Inc., 16 Sobechko Road, Manalapan, NJ 07726, has bid the lowest price and
is the lowest responsible bidder, and a contract is hereby awarded to S. Brothers, Inc.
consisting of the following bid breakdown:
1. Base Bid: $286,259.33
BE IT FURTHER RESOLVED by the City Council of the City of Rahway that the following bid
be and is hereby accepted:
BID OF:
S. BROTHERS, INC.
16 SOBECHKO ROAD,
MANALAPAN, NJ 07726
FOR:
SINKHOLE REPAIR PROJECT
AMOUNT:
$286,259.33
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway, which
states that there are legally appropriated sufficient funds within the General Capital Fund –
Ordinances O-36-13 and O-25-14 to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local Government
Services.
City of Rahway
Department of Revenue & Finance
May 11, 2015
Hon. Samson Steinman, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, New Jersey 07065
Re:
A RESOLUTION AWARDING THE ACCEPTANCE OF BID FOR THE
PROJECT ENTITLED “SINKHOLE REPAIR PROJECT” FOR THE CITY OF
RAHWAY TO S. BROTHERS, INC.
Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the General Capital Fund –
Ordinances O-36-13 and O-25-14 to 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
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-102-15
Date of Adoption
A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE SIDEWALK REPAIR
PROJECT
WHEREAS, the City of Rahway issued bids on April 15, 2015 for the replacement of sidewalks at
various locations (the “Project”) pursuant to New Jersey Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq.; and
WHEREAS, bids for the Project were advertised on April 15, 2015; and
WHEREAS, on April 29, 2015, the City received and opened one (1) bid from the following
bidder:
1. A & A Curbing, Inc.
WHEREAS, only one bid was submitted; and
WHEREAS, the submitted bid by the responsive bidder substantially exceeded the Project budget;
and
NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the City of Rahway
hereby rejects the bids for the Project received on April 29, 2015 pursuant to N.J.S.A.
40A:11-13.2(a); and
BE IT FURTHER RESOLVED that the Municipal Council of the City of Rahway authorizes the
advertisement for re-bid for the replacement of sidewalks at various locations.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-103-15
Date of Adoption
A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR
ENGINEERING CONSULTING SERVICES RELATIVE TO CONTINUED HYDRAULIC
ANALYSES OF THE WATER DISTRIBUTION SYSTEM
WHEREAS, there is a need to conduct additional hydraulic analyses related to the new Middlesex Water
Company contract and New Jersey Department of Environmental Protection efforts related to water
supply of the City’s Water Distribution System; and
WHEREAS, there exists for the City of Rahway a need for the services of a firm specializing in engineering
consulting services to for the above mentioned work; and
WHEREAS, Buck, Seifert & Jost, Inc. has submitted a Proposal dated April 22, 2015 to provide the above
services, a copy of which is attached hereto and made part of this Resolution; and
WHEREAS, the City Council has reviewed the certification of the Chief Financial Officer and is satisfied that
said certification is in proper form; and
NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the City of Rahway as follows:
1. The Mayor and City Clerk are hereby authorized and directed to execute for the City, an agreement
with Buck, Seifert & Jost. Inc. to provide engineering consulting services associated with this work.
2. That the compensation for such Agreement shall be in an amount not to exceed $8,000.00
3. This agreement is awarded without competitive bidding as a “Professional Service Agreement” under
the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5). Because “Professional
Services” means services rendered or performed by a person authorized by law to practice a
recognized profession, whose practice is regulated by law, and the performance of which services
requires knowledge of an advanced type pursuant to N.J.S.A. 40A:11-2 (6); and,
4. A copy of this resolution shall be advertised according to law within ten (10) days of its passage.
Please be advised that there are legally appropriated sufficient funds within the General Capital Fund
– Ordinance O-34-13 to cover the cost of this contract. This certification is required on all contracts
as per regulations of the Director of Local Government Services.
City of Rahway
Department of Revenue & Finance
May 11, 2015
Hon. Samson Steinman, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, NJ 07065
Re:
A RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT
FOR ENGINEERING CONSULTING SERVICES RELATIVE TO A
HYDRAULIC STUDY OF THE WATER DISTRIBUTION SYSTEM UNDER
A FAIR AND OPEN PROCESS
Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the General Capital Fund –
Ordinance O-34-13 to 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
RESOLUTION
CITY OF RAHWAY, UNION COUNTY, NEW JERSEY
No.
AR-104-15
Date of Adoption ____________________
A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT WITH COLONIAL
SURETY COMPANY FOR RAHWAY STREETSCAPE SECTION III-A
WHEREAS, the City of Rahway entered into a contract with Buckler Associates, Inc. pursuant
to the Local Public Contracts Law under N.J.S.A. 40A:11-1 et seq. in regard to a
construction project commonly known as Streetscape Section III-A Project; and
WHEREAS, the contractor, Buckler Associates, Inc. failed to complete the project and has
been deemed to be in default; and
WHEREAS, the City of Rahway contacted Buckler Associates, Inc.’s surety company, The
Colonial Surety Company in order to put them on notice of the contractor’s
failure to complete the project; and
WHEREAS, the City of Rahway sought and obtained three (3) proposals from contractors that
were each ready, willing and able to complete the project; and
WHEREAS, Berto Construction, Inc., PO Box 276, 625 Leesville Ave, Rahway, NJ 07065
provided the lowest responsible price of the three (3) contractors, that being the
sum of $45,000; and
WHEREAS, all three (3) proposal prices were submitted to Colonial Surety Company for its
review; and
WHEREAS, as a result of negotiations between the City of Rahway and Colonial Surety
Company, the Colonial Surety Company has agreed to settle this matter by
authorizing the City of Rahway to enter into a contract with Berto Construction
Inc. pursuant to the proposal dated April 20, 2015 in the amount of $45,000 in
order to complete the project; and
WHEREAS, Colonial Surety Company and the City of Rahway have negotiated the terms of a
settlement agreement, a copy of which is attached hereto and incorporated herein
by reference; and
WHEREAS, the City of Rahway through its Mayor and Council determine that it is in the best
interest of the citizens of the City of Rahway to enter into the Settlement
Agreement with Colonial Surety Company in order to complete the Streetscape
Section III-A Project in an expedited manner.
AR-104-15 Streetscape III-A settlement with Colonial Surety
AR-104-15
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and the City Council of the City of
Rahway, County of Union, State of New Jersey as follows:
1) That the Mayor, City Administrator, the Director of Law of the City of Rahway and/or
such other individuals as are necessary are hereby authorized to enter into the Settlement
Agreement with Colonial Surety Company.
AR-104-15 Streetscape III-A settlement with Colonial Surety
RESOLUTION
CITY OF RAHWAY, UNION COUNTY, NEW JERSEY
No.
AR-105-15
Date of Adoption ____________________
A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION BY THE
CITY OF RAHWAY FOR ENROLLMENT IN THE “1033 PROGRAM” ESTABLISHED
BY THE UNITED STATES DEPARTMENT OF DEFENSE PURSUANT TO 10 U.S.C. s.
2576a
WHEREAS, federal law permits the Secretary of the United States Department of Defense to
transfer to federal and state agencies personal property of the Department of
Defense that the Secretary determines is suitable for use by agencies and law
enforcement activities including counterdrug and counterterrorism activities and
is excess to the needs of the Department of Defense; and
WHEREAS, this initiative (commonly known as “1033 Program”) allows local law
enforcement agencies to obtain, at little or no cost, and without the approval of the
governing body of the local unit, surplus federal property, including aircraft,
armored vehicles, automatic weapons and night vision equipment originally
intended for use by the United States Armed Forces; and
WHEREAS, although equipment is provided through the 1033 Program at no or little cost to
municipal law enforcement agencies, these entities are responsibly for costs
associated with the maintenance, fueling, and upkeep of this equipment, and for
specialized training for its operation; and
WHEREAS, taxpayers are the primary consumers and financiers of services provided by
county and municipal law enforcement agencies and have the right to be assured
that their money is spent in an efficient and effective manner and the right to
know the purposes for which public funds are utilized; and
WHEREAS, the New Jersey State Legislature therefore determined it to be appropriate to
establish a system of local oversight for county and municipal law enforcement
agencies that participate in and acquire equipment through the 1033 Program and
guidelines for the use of this equipment by those entities; and
WHEREAS, on March 16, 2015, the New Jersey State Legislature adopted an Act regulating
the use of surplus federal property transferred to local enforcement agencies
(N.J.S.A. 40A:5-30.1 and 30.2); and
AR-105-15 DoD 1033 program
AR-105-15
Page 2 of 2
WHEREAS, pursuant to N.J.S.A. 40A:5-30.2a, an application for the enrollment of a county or
municipal law enforcement agency in any 1033 Program established by the
United States Department of Defense shall be approved by a resolution adopted
by a majority of the full membership of the governing body of a local unit prior to
the transmittal of any such application to the State Coordinator of any such 1033
Program; and
WHEREAS, the City of Rahway desires to continue to participate in the 1033 Program; and
WHEREAS, the City of Rahway desires to adopt a resolution in compliance with N.J.S.A.
40A:5-30.2a to ensure the City’s continued participation in the 1033 Program.
NOW, THEREFORE, BE IT RESOLVED, by Municipal Council of the City of Rahway, as
follows:
1) The appropriate municipal official(s) are hereby authorized to execute an application for
the enrollment of the City of Rahway in the 1033 Program established by the United
States Department of Defense pursuant to 10 U.S.C. s. 2576a to be submitted to the State
Coordinator of the 1033 Program.
2) The appropriate municipal official(s) are hereby authorized to approve any future
requisitions for materials and equipment made under the 1033 Program by the City’s Law
Enforcement Support Office Liaison Officer and approved by the City’s Chief of Police.
AR-105-15 DoD 1033 program
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-106-15
Date of Adoption
A RESOLUTION RESCINDING RESOLUTION AR-84-15, “A RESOLUTION
AUTHORIZING THE PURCHASE AND INSTALLATION OF RADIO EQUIPMENT
TO UPGRADE THE CONSOLE RADIO FOR THE POLICE DISPATCH
COMMUNICATIONS CENTER VIA STATE CONTRACT”
WHEREAS, the Rahway Police Department is in need of upgrading the radio equipment in their
dispatch communications center; and
WHEREAS, resolution AR-84-15 authorized purchase of police radios under state contract for
an amount not to exceed $26,319.00
WHEREAS, upon further review, the Rahway Police Department decided not to purchase said
police radios as authorized in resolution AR-84-15 because the vendor name and
purchase amount needs to be changed.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway,
that Resolution AR-84-15 be recinded.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-107-15
Date of Adoption
A RESOLUTION AUTHORIZING THE INSTALLATION OF RADIO EQUIPMENT TO
UPGRADE THE CONSOLE RADIO FOR THE POLICE DISPATCH
COMMUNICATIONS CENTER VIA STATE CONTRACT
WHEREAS, the Rahway Police Department is in need of upgrading the radio equipment in their
dispatch communications center; and
WHEREAS, it has been determined that the installation of said equipment under State Contract
is the most practical way to proceed at this time.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway,
that the purchase of new radio equipment for the Rahway Police Department from
Pinnacle Wireless (State Contract No. T-0109, sec 83918), 1801 Pollitt Drive, Fair
Lawn NJ 07401, is hereby authorized for an amount not to exceed $4,000.00.
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway,
which states that there are legally appropriated sufficient funds within the Current Fund,
Account Number 04-215-55-654-106 to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
City of Rahway
Department of Revenue & Finance
May 11, 2015
Hon. Samson Steinman, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, NJ 07065
Re:
A RESOLUTION AUTHORIZING THE INSTALLATION OF RADIO
EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE POLICE
DISPATCH COMMUNICATIONS CENTER VIA STATE CONTRACT
Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund –
Account 04-215-55-654-106, to 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
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-108-15
Date of Adoption
A RESOLUTION AUTHORIZING THE RETURN OF PERFORMANCE BOND AND FINAL
PAYMENT FOR THE “HAMILTON STREET ROADWAY IMPROVEMENT PROJECT” TO
CRC GENERAL CONTRACTORS, INC.
WHEREAS, attached is a Bohler Engineering letter dated April 30, 2015 with regard to the
release of CRC General Contractors, Inc.’s Performance Bond and Final
Payment; and
WHEREAS, the Maintenance Bond has been reviewed and approved by the City
Attorney’s Office and Bohler Engineering recommends the release of CRC
General Contractors, Inc.’s Performance Bond and final payment in the
amount of $28,036.53 and
IT IS HEREBY RESOLVED by the Municipal Council of the City of Rahway that the
Treasurer is authorized and directed to return the Performance Bond and final
payment in the amount of $28,036.53 posted for the Hamilton Street
Roadway Improvement Project by CRC General Contractors, Inc.; and
NOW, THEREFORE, BE IT RESOLVED, the return of the Performance Bond and final
payment in the amount of $28,036.53 be returned to CRC General
Contractors, Inc., 137 ½ Washington Avenue, Suite 290, Belleville, NJ 07109.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-109-15
Date of Adoption
A RESOLUTION AUTHORIZING REFUND OF PARKS & RECREATION FEES
IT IS HEREBY RESOLVED, by the Municipal Council of the City of Rahway that the Treasurer is
authorized and directed to refund the following amount to the following people for fees
incurred with the Department of Parks & Recreation:
Event
Name/Company
Address
Amount
Sidra Rucker-Colvin
997B Leesvile Ave.
$
100.00
Hart Street Park
Roosevelt School/Celeste
Ruzak
811 St. Georges Avenue
$
100.00
Hart Street Park
Ramona Wilkerson
1673 Irving St., Apt. 1
$
100.00
Hart Street Park
George Rusin
400 W. Webster Ave.
$
100.00
Hart Street Park
Nancy Saliga
1103 Milton Avenue
$
100.00
Hart Street Park
Ernestine Joyner
501 E. Hazelwood Avenue
$
100.00
Hart Street Park
Tracie Murriel
241 E. Hazelwood Ave.
$
100.00
Hart Street Park
Total
$
700.00
BE IT FURTHER RESOLVED, the refunds be sent to the above names and addresses listed
above.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
AR-110-15
No.
Date of Adoption
A RESOLUTION AUTHORIZING REFUND OF SENIOR SERVICES FEES
IT IS HEREBY RESOLVED, by the Municipal Council of the City of Rahway that
the Treasurer is authorized and directed to refund the following amount to
the following people for fees incurred with the Division of Senior
Services:
Name/Company
Address
Regina Hibell
337 W. Milton Ave. #209
Amount
Event
$60.00
April 8, 2015 Staten Isl. Trip
$35.00
Watercolor class, Tai Chi, Oil Painting
Rahway, NJ 07065
Barbara Marshall
TOTAL
295 W. Scott Ave.
$95.00
BE IT FURTHER RESOLVED, the refunds be sent to the above names and
addresses listed above.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
AR-111-15
No.
Date of Adoption
A RESOLUTION AUTHORIZING THE REFUND OF MONEY DUE TO THE REDEMPTION
OF TAX SALE CERTIFICATES
WHEREAS, the City of Rahway held tax lien sales on various dates for unpaid fiscal year taxes and
municipal charges, and various tax sale certificates were struck off and sold to the
following lien holders on the following blocks and lots; and
WHEREAS, the owners of said properties have paid all money due to the tax collector for the
redemption of said tax sale certificates; and
NOW, THEREFORE, BE IT RESOLVED, that the City Clerk be and he is hereby authorized and
directed to draw a warrant on the Chief Financial Officer in the following names and
amounts to refund said money.
AND BE IT FURTHER RESOLVED, that the Chief Financial Officer deliver the checks to the
Municipal Tax Collector to be delivered to said persons after proper notation of the
refund has been recorded on the tax records.
2013 Liens
BLOCK/LOT
PROPERTY ADDRESS
CERT OWNER
REFUND
PREMIUM
91 14
179 Maple Ave
US Bank Cust for Phoenix
Funding
$20,771.28
$11,000.00
$22,466.95
$12,000.00
$720.92
$700.00
$11,624.68
$11,000.00
2 Liberty Place
Philadelphia PA
19102
Certificate 2013-0030
307 17
181 Adams Street
FWDSL & ASSOCIATES LP
5 Cold Hill Rd S STE
11
Mendham NJ 07945
Certificate 2013-0150
344 20
810 E Hazelwood Ave
FWDSL & ASSOCIATES LP
5 Cold Hill Rd S STE
11
Mendham NJ 07945
Certificate 2013-0176
347 22
1286 Clark St
FWDSL & ASSOCIATES LP
5 Cold Hill Rd S STE
11
Mendham NJ 07945
Certificate 2013-0178
AR-111-15
Page 2 of 2
2014 Tax Lien
BLOCK/LOT
PROPERTY ADDRESS
CERT OWNER
REFUND
PREMIUM
61 02
584 Jefferson Ave
US Bank C/F Tower DBW IV 2014-1
$10,172.52
$9,900.00
$372.14
$15,100.00
$31,414.60
$27,500.00
$7,673.41
$7,400.00
50 S 16th Street STE 2050
Philadelphia, PA
19102
Certificate 2014-0005
142 2
496 Elm Ave
US Bank C/F Tower DBW IV 2014-1
50 S 16th Street STE 2050
Philadelphia, PA
19102
Certificate 2014-0023
312 23
1305 Fulton Street
US Bank Cust For FNA Jersey BOI
LLC
50 South 16th Street STE 1950
Philadelphia PA
19102
Certificate 2014-0080
353 9
1864 Barnett Street
Inna Gelin & Jack
Gelin
1662 East 24th Street
Brooklyn NY 11229
Certificate 2014-0099
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-112-15
Date of Adoption
A RESOLUTION AUTHORIZING THE REFUND OF OVERPAYMENT OF TAXES FOR THE
2011 & 2015 CALENDAR YEARS
WHEREAS, it has been found that the following CY 2014 and 2015 taxes have been overpaid in error.
NOW, THEREFORE, BE IT RESOLVED, that the City Clerk be and he is hereby authorized and
directed to draw a warrant on the Chief Financial Officer in the following names and amounts to refund
said overpayments.
AND BE IT FURTHER RESOLVED, that the Chief Financial Officer deliver the checks to the
Municipal Tax Collector to be delivered to said taxpayers after proper notation of the refund has been
made on the tax records and Tax computer.
2011 FISCAL YEAR TAXES
BLOCK
LOT
OWNERS
11
3
Lorraine Jakub
PROPERTY ADDRESS
59 Minna Street
REFUND
$240.77
2015 CALENDAR YEAR TAXES
BLOCK
LOT
OWNERS
PROPERTY ADDRESS
REFUND
11
3
Lorraine Jakub
59 Minna Street
$481.55
90
2
Shao Fu Yi & Yuan Qin Huang
1212 Jaques Ave
$682.20
244
29
Owen Sharkey
2086 Kmak Place
$586.04
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
AR-113-15
No.
Date of Adoption
A RESOLUTION CANCELLING A LIEN PLACED ON A CERTAIN PROPERTY IN
THE CITY OF RAHWAY
WHEREAS, on March 9, 2015, Resolution AR-63-15 authorized the placement of a lien on
Block 309, Lot 16, also known as 127 E. Emerson Ave. for $510.00 pursuant to
N.J.S.A. 40:48-2.14 and Rahway Code Section 151-4; and
WHEREAS, the City Tax Collector was notified that above charge had to be voided as it was
unenforceable on the new owner of the property; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Rahway that it
hereby authorizes the cancellation of a lien in the amount of $510.00 on the property listed
below:
Block Lot
Address
Property Owner
Owner’s Address
Amount
306
127 E. Emerson Ave
Rahway, NJ 07065
Mattison, Jackie
15 Wilbur Ave.
Newark, NJ 07112
$510.00
6
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-114-15
Date of Adoption
A RESOLUTION AUTHORIZING THE BOND RELEASES TO BUNKER HILL HOMES, INC.,
FOR 457 TENEYKE PLACE (A.K.A.JOSE GONZALES-1075 RUTHERFORD STREET),
BLOCK 385, LOTS 18.02
WHEREAS, Bohler Engineering has reviewed the project for release of previously posted Cash Bond
and the Two year Maintenance Bond in a letter dated April 10, 2015; and
WHEREAS, based upon this review of the Off-Site Two Year Maintenance Bond, LX-116897, dated
February 13, 2013 in the amount of $1,485.75 shall be released; and
WHEREAS, the Cash Performance Bond, check #2447 in the amount of $1,260.00 may be released
and the work was completed on August 6, 2012, the subsequent Maintenance Bond shall not be
required; and
WHEREAS, the Inspection/Escrow Fees, Check #2448, in the amount of $52,50 shall have remaining
funds released less the amount deducted for Bohler’s April Billing Cycle on Escrow Account #5416;
and
NOW, THEREFOR, BE IT RESOLVED by the Municipal Council of the City of Rahway that the
Treasurer is authorized and directed to release and return the bonds as recommended by Bohler
Engineering; and
BE IT FURTHER RESOLVED the return of these Bonds be sent to Bunker Hill Homes, 106 Apple
Street, Suite 205, Tinton Falls New Jersey 07724, Attn: Frank Severino.
RESOLUTION
CITY OF RAHWAY, NEW JERSEY
No.
AR-115-15
Date of Adoption
A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF RADIO
EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE POLICE DISPATCH
COMMUNICATIONS CENTER VIA STATE CONTRACT
WHEREAS, the Rahway Police Department is in need of upgrading the radio equipment in their
dispatch communications center; and
WHEREAS, it has been determined that purchase of said equipment under State Contract is the
most practical way to proceed at this time.
NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the City of Rahway,
that the purchase of new radio equipment for the Rahway Police Department from
Motorola Solutions, c/oPinnacle Wireless (State Contract No. T-0109), 1801
Pollitt Drive, Fair Lawn NJ 07401, is hereby authorized for an amount not to
exceed $22,310.00.
Attached hereto is the certification of the Chief Financial Officer of the City of Rahway,
which states that there are legally appropriated sufficient funds within the Current Fund,
Account Number 04-215-55-654-106 to cover the cost of this contract.
This certification is required on all contracts as per regulations of the Director of Local
Government Services.
City of Rahway
Department of Revenue & Finance
May 11, 2015
Hon. Samson Steinman, Mayor
Members of the Municipal Council
City of Rahway
One City Hall Plaza
Rahway, NJ 07065
Re:
A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION
OF RADIO EQUIPMENT TO UPGRADE THE CONSOLE RADIO FOR THE
POLICE DISPATCH COMMUNICATIONS CENTER VIA STATE
CONTRACT
Dear Mayor and Council Members:
Please be advised that there are legally appropriated sufficient funds within the Current Fund –
Account 04-215-55-654-106, to 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
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-4-15
AN ORDINANCE AMENDING CHAPTER 401 OF THE CODE OF THE CITY OF RAHWAY
(VEHICLES AND TRAFFIC) – PERMIT PARKING
BE IT ORDAINED BY THE MAYOR AND THE MUNICIPAL COUNCIL OF THE CITY OF
RAHWAY, THE FOLLOWING CHAPTER BE AMENDED AS FOLLOWS:
401-85 Schedule XXVII: Parking By Permit Only in Designated Residential and Business Areas:
In accordance with the provisions of 401-54, parking in the following locations shall be restricted to permit
parking only.
Name of Street
Side
Hours/Days
Location
Campbell Street
West
24 Hours per Day
Monday thru Sunday
From Elm Avenue to W Cherry
Street
Elm Avenue
South
24 Hours per Day
Mon thru Sunday
From Campbell Street heading
west 105.5’ towards Esterbrook
Avenue
W. Cherry Street
North
24 Hours per Day
Mon thru Sunday
From Campbell Street heading
west 102.2’ towards Esterbrook
Avenue
Lewis Street
North
24 Hours per Day
Mon thru Sunday
Between Main and Dock
Streets
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-5-15
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. 40A: 4-45.1 et seq., provides that in the preparation of its
annual budget, a municipality shall limit any increase in said budget up to 1.5% 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: 4-45.15a 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,
WHEREAS, the City Council of the City of Rahway in the County of Union finds it advisable and necessary to
increase its CY 2015 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 2.0 % increase in the budget for said year, amounting to
$826,813 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 CY 2015
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 by up to 3.5 %, amounting to $1,446,922, and that the CY 2015 municipal budget for the
City of Rahway be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any 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.
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-6-15
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:
401-79 Schedule XXI: Handicapped Parking
Add:
In front of 1536 Campbell Street
West Side- Beginning at a point 91 feet South of the intersection of Central Ave extending to point 22 feet
South 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
** Revised **
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-7-15
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 381 OF THE CODE OF
THE CITY OF RAHWAY (TAXICABS)
WHEREAS, the City of Rahway has adopted a Taxicab Ordinance to regulate the issuance
of permits and licenses by the City to qualified taxicabs owners and drivers and to ensure the
safety of all taxicab drivers and passengers; and
WHEREAS, the City of Rahway desires to amend portions Chapter 381, Taxicabs, of the
Code of the City of Rahway.
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. “Chapter 381, Article II, Taxicab Licenses, § 381-2. License Required.”, of the
Code of the City of Rahway is deleted in its entirety and revised to read as follows:
§ 381-2. License required.
No person shall operate or permit a taxicab owned or controlled by him or her to be
operated as a vehicle for hire without having first obtained a taxicab license from t he
City of Rahway after approval by the Police Chief. The number of outstanding
certificates shall be limited to a total of thirty (30) taxis.
Section 2. “Chapter 381, Article II, Taxicab Licenses, § 381-3. Application for Taxicab
License.”, of the Code of the City of Rahway is deleted in its entirety and revised to read as
follows:
§ 381-3. Application for taxicab license.
An application for a taxicab license shall be filed with the Police Chief upon forms
provided by the Police Department and the application shall be verified under oath and
shall furnish the following information:
A. Name, address, date of birth, telephone, social security and motor vehicle operator
license numbers of the applicant.
B.
O-7-15
Page 2 of 6
C. Experience of the applicant in the transportation of passengers.
D. Any facts in which the applicant believes tend to prove that public convenience and
necessity require the granting of a taxicab license.
E. Number of vehicles to be operated or controlled by the applicant and the location of
proposed depots and terminals.
F. Four (4) photographs (minimum size of 3 ½ inches by 3 ½ inches) of
each taxi (full frontal, full rear and bumper -to-bumper left and right
side views). (This requirement shall not apply to renewal
applications, but to initial applications under this ordinance and
replacement vehicles only.)
G. A statement as to whether or not the applicant has ever been
convicted of any violation of the law in this or any other jurisdiction,
other than minor motor vehicle violations not resulting in the
suspension or revocation of his driver’s license or vehicle registration
nor in damage or injury to the property or persons of others, and if
so, a statement of the nature of each such conviction, the penalty
imposed for each such conviction and the date and place at which
each such conviction was entered.
H. A statement to the effect that prior to or concurrent with the filing of
the application, the applicant’s fingerprints have been recorded with
the Police Chief or his designee.
I. Such other information the Police Chief may require.
Section 3. “Chapter 381, Article II, Taxicab Licenses, § 381-5. Approval and Issuance of
Licenses.”, of the Code of the City of Rahway is deleted in its entirety and revised to read as
follows:
§ 381-5. Approval and issuance of licenses.
A.
No application shall be approved, nor shall any license be
issued, unless the Police Chief or his designee determines:
(1) That the applicant is of good character, fit, willing and
able to provide such public transportation and to conform
to all of the conditions and provisions of this chapter.
(2) That the vehicle is covered by a bond or liability insurance
policy inuring t o the benefit of any person or persons who may
sustain injury or damage by reason of the negligence of the
applicant or his agents, servants or employees arising out of or in
the course of the use of the vehicle as a taxicab and providing for
limits of not less than $15,000 for injury to any one person,
O-7-15
Page 3 of 6
$30,000 for injuries t o more than one person sustained in the
same accident, and $5,000 for property damage resulting from
any one accident.
(3) That the vehicle is validly registered in the State of New Jersey,
bears on each side, in letters readable at a distance of 20 feet, the
name of the licensee and bears a color scheme or insignia
sufficiently distinctive to identify it as a taxicab and to
differentiate it from the taxicab or taxicabs of any other licenses
at a distance of 50 feet. If more than one taxicab is owned or
operated by any licensee, each such taxicab shall be designated by
a different number, which number shall also appear on each side
and the rear of the vehicle.
B.
If the Police Chief finds that all of the foregoing conditions and
provisions have been met or complied with and that the public convenience and
necessity will be served by the issuance of such license, he shall approve the
application and shall cause to be issued to the applicant a taxicab license stating
the name and address of the applicant, a description of the vehicle and such other
information as he may deem appropriate; otherwise the application shall be
denied.
C.
In making the above findings, the Police
Chief shall take into
consideration the number of taxicabs already in operation, whether existing
transportation is adequate to meet the public need, the probable effect of
increased service on local traffic conditions, and the character, experience and
responsibility of the applicant.
D.
If the application is denied, written reasons for suc h denial shall
be given to the applicant. The applicant may appeal such denial to the Business
Administrator in writing within 20 days of his or her receipt of the written
reasons for denial. A hearing shall be scheduled upon at least 10 days’ notice to
the applicant.
Section 4. The second sentence in “Chapter 381, Article II, Taxicab Licenses, § 381-7. Term
of License, Fees.” of the Code of the City of Rahway is deleted in its entirety and revised to
read as follows:
The fee for a new license shall be $75.00 and the fee for a renewal license shall be
$40.00.
Section 5. The fee stated in “Chapter 381, Article II, Taxicab Licenses, § 381-8. Transfer of
License, Fees”, of the Code of the City of Rahway shall be revised from $12.50 to $50.00.
O-7-15
Page 4 of 6
Section 6. “Chapter 381, Article III, Taxicab Driver Permits, § 381-11. Approval and
Issuance of Permit.”, of the Code of the City of Rahway shall be amended to include the
following:
C.
Should the Chief of Police or his designee find that the applicant is not
fit for an annual taxi permit, he may issue a conditional license which will be
valid for a period of three (3) months at which point a new background check
will be conducted. If no violation or improper conduct is found, the applicant
may apply for an annual taxicab driver permit.
Section 7. The fee stated in “Chapter 381, Article III, Taxicab Driver Permits, § 381-12.
Term of Permit, Fees.” of the Code of the City of Rahway shall be revised from $6 to $40.00.
The last sentence in § 381-12 shall be deleted.
Section 8. “Chapter 381, Article II, Taxicab Licenses, § 381-17. Standards for taxicabs and
drivers.”, of the Code of the City of Rahway is deleted in its entirety and revised to read as
follows:
A. A taxicab driver shall have a good driving record.
B. Every taxicab operating within the city under this chapter shall be periodically inspected by the
Police Department at such intervals as shall be determined by the Police Chief to ensure
continued safe, clean and lawful operating conditions.
C. No driver of a taxicab within the city shall drink any intoxicating beverages, ingest
any medicines or drugs likely to affect his ability to drive, use any profane or
indecent language, shout or call to any prospective passengers or disturb the peace
in any way while on duty.
D. A taxicab driver will report any motor vehicle accident, any motor vehicle summons, any
motor vehicle drivers’ license suspension and any arrest to the Police Chief or his designee
within 48 hours of any violation whether said violation occurred while on duty as a taxi driver
or while off duty.
E. Any controlled substance or narcotic prescribed by a doctor shall be reported to the Police
Chief or his designee prior to the start of a taxicab driver’s next shift.
F. All drivers of taxicabs within the city shall accept as passengers any persons who
seek to so use the taxicab, provided that such person is not intoxicated and conducts
himself in an orderly manner. No person shall be admitted to a taxicab occupied by
a passenger without the consent of the passenger. The driver shall take his passenger
to his destination by the most direct available route from the place where the
passenger enters the taxicab.
G. Every taxicab driver operating a taxicab within the city shall display his taxicab
driver permit in such a manner as to be in view by all passengers.
O-7-15
Page 5 of 6
H. A taxicab driver shall thoroughly search the interior of the vehicle immediately after the
termination of each trip and note if the passenger has left any article therein. Any property
found shall be taken to Rahway police headquarters and turned in to the officer in charge within
24 hours.
I. A taxicab driver entering a taxi stand shall do so by taking his position at the rear of any taxis
already on the stand.
J. A taxicab driver shall not solicit patronage from restaurants, night clubs, cabarets, dance halls,
hotels, or like places, nor solicit for any place maintained in violation of the law
Section 9. “Chapter 381, Article VI, Enforcement.” of the Code of the City of Rahway is
deleted in its entirety and revised to read as follows:
Article VI. Enforcement
§ 381-19. Suspension or revocation.
Any taxicab license or taxicab driver permit issued pursuant to this chapter may be
suspended or revoked by the Police Chief or his designee after due notice and hearing
if:
A. The holder thereof has violated any of the provisions of this chapter.
B. The holder thereof has violated any ordinances of the city or laws of the United
States or of the State of New Jersey, the violation of which, in the judgment of the
Police Chief or his designee, renders the holder unfit to continue to hold such license
or permit.
C. The holder thereof has performed any act or omitted to perform any act which
would constitute a basis for a denial of an application for his license or permit.
D. The licensed taxicab is found to be unfit, unsafe, unsanitary or unsuited for public
patronage.
§ 381-20. Notice prior to suspension or revocation; hearing.
A. Prior to suspension or revocation, the holder shall be given notice and a copy of the charges and
shall have an opportunity to present evidence on his or her behalf to the Police Chief.
B. An adverse ruling by the Police Chief may be appealed to the Business
Administrator. The request to appeal shall be in writing and submitted within 20
days of adverse ruling. A hearing shall be scheduled upon at least 10 days’ notice to
the holder.
O-7-15
Page 6 of 6
§ 381-21. Violations and penalties.
Any person who violates any provisions of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment for a term
not exceeding 90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
Section 10. All Ordinances or parts of Ordinances inconsistent herewith are repealed.
Section 11. 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 12. This Ordinance shall become effective after second reading and publication as
required by law.
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-8-15
AN ORDINANCE AMENDING ORDINANCE O-16-14 , “AN ORDINANCE GRANTING
RENEWAL OF MUNICIPAL CONSENT TO COMCAST TO CONSTRUCT, CONNECT,
OPERATE AND MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM
IN THE CITY OF RAHWAY, NEW JERSEY”
WHEREAS, the City Clerk has received the Comcast of New Jersey II, LLC (“Comcast”)
Application for Renewal of Municipal Consent (the “Application”) dated September 23, 2013 regarding
the renewal of Comcast’s non-exclusive cable television franchise agreement with the City of Rahway
(the “City”); and
WHEREAS, upon receipt of the Application, the City began the formal process to determine
whether to renew its existing cable television franchise agreement with Comcast and held a public
hearing on February 4, 2013 to determine whether to renew, or deny renewal of Municipal Consent to
Comcast; and
WHEREAS, based upon the review of the Application and the information garnered at the
February 4, 2014 public hearing, the City Council adopted Resolution # AR-24-14 on February 10, 2014
whereby it granted consent to Comcast and authorized the City’s Business Administrator to enter into
negotiations with Comcast for a new cable television franchise agreement.
WHEREAS, on June 11, 2014 the City Council adopted a resolution referring a franchise
renewal ordinance to the Office of Cable Television within the New Jersey Board of Public Utilities for
review and approval; and
WHEREAS, after receiving the approval of the Office of Cable Television within the New
Jersey Board of Public Utilities the City Council introduced the franchise renewal ordinance at a
meeting held on July 14, 2014; and
WHEREAS, after a public hearing on August 11, 2014, the City Council adopted O-16-14
granting renewal of municipal consent for Comcast to construct, connect, operate and maintain a cable
television and telecommunications system in the City of Rahway; and
WHEREAS, after receiving O-16-14, Comcast made the City Council aware that it required the
ordinance to be amended to include certain language concerning Comcast’s reservation of its rights
pursuant to law; and
O-8-15
Page 2 of 8
WHEREAS, the City Council is amenable to the inclusion of the language requested by
Comcast; and
WHEREAS, the Cable Television Ordinance set forth below embodies the commitments of
Comcast and the City to each other.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Rahway,
County of Union, State of New Jersey that this franchise agreement in the form of an ordinance shall,
upon approval by the New Jersey Board of Public Utilities, supersede and replace in its entirety the
franchise agreement adopted pursuant to Ordinance #O-48-99 adopted by the City Council of the City of
Rahway on November 8, 1999:
SECTION 1.
PURPOSE OF THE ORDINANCE
The City hereby grants to Comcast of New Jersey II, LLC (“Comcast”) renewal of its nonexclusive municipal consent to place in, upon, along, across, above, over and under highways, streets,
alleys, sidewalks, public ways and public places in the City, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the
construction, operation and maintenance in the City of a cable television and communications system.
SECTION 2.
DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall
have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission ("FCC") rules and regulations, 47 C.F.R. Subsection 76.1
et seq., and the Communications Act of 1934 at 47 U.S.C. Section 521 et seq., as amended, and the
Cable Television Act at N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to broaden, alter or
conflict with the federal or state definitions:
a.
"Act" or "Cable Television Act" is P.L. 1972, c. 186 of the General Laws of New Jersey, and
subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
b.
“Application” is the Company’s Application for Renewal of Municipal Consent dated September
23, 2013.
c.
"Board" or "BPU" is the Board of Public Utilities, State of New Jersey.
d.
"City" or "Municipality" is the City of Rahway, County of Union, State of New Jersey.
e.
"Company" is the grantee of rights under this Ordinance and is known as Comcast of New Jersey
II, LLC.
f.
"FCC" is the Federal Communications Commission.
g.
"Office" or “OCTV” is the Office of Cable Television of the Board.
O-8-15
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SECTION 3.
STATEMENT OF FINDINGS
A public hearing conducted by the City concerning the renewal of municipal consent herein
granted to the Company was held on February 4, 2014 after proper public notice pursuant to the terms
and conditions of the Act and the regulations of the Board adopted pursuant thereto. Said hearing,
having been fully open to the public, and the City having received at said public hearing all comments
regarding the qualifications of the Company to receive this renewal of municipal consent, the City
hereby finds that the Company possesses the necessary legal, technical, character, financial and other
qualifications and that the Company's operating and construction arrangements are adequate and
feasible.
SECTION 4.
DURATION OF FRANCHISE
A.
The non-exclusive municipal consent granted herein shall expire 15 years from the date
of expiration of the previous Certificate of Approval issued by the Board, with a 10-year automatic
renewal as provided by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6.
B. In the event that the City shall find that the Company has not substantially complied with the
material terms and conditions of this ordinance, the City shall have the right to petition the OCTV,
pursuant to N.J.S.A. 48:5A-47, for appropriate action, including modification and/or termination of
the Certificate of Approval; provided however, that the City shall first have given the Company
written notice of all alleged instances of non-compliance and an opportunity to cure same within
ninety (90) days of that notification.
SECTION 5.
FRANCHISE FEE
Pursuant to the terms and conditions of the Act, the Company shall, during each year of
operation under the consent granted herein, pay to the City two percent (2%) of the gross revenues from
all recurring charges in the nature of subscription fees paid by subscribers for cable television reception
service in the City or any higher amount required by the Act or otherwise allowable by law, whichever
is greater.
SECTION 6.
FRANCHISE TERRITORY
The consent granted under this ordinance to the renewal of the franchise shall apply to the
entirety of the City and any property subsequently annexed hereto.
SECTION 7.
EXTENSION OF SERVICE
A.
The Company shall be required to proffer service to any residence or business along any
public right-of-way in the franchise territory at tariffed rates for standard and non-standard installation.
The Company’s Line Extension Policy, as set forth in the Company’s Application, shall govern any
extension of the Plant beyond the Primary Service Area.
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SECTION 8.
CONSTRUCTION REQUIREMENTS
A.
Restoration: In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways, or other surface in the natural topography, the Company shall at
its sole cost and expense, restore and replace such places or things so disturbed in as good a condition as
existed prior to the commencement of said work.
B.
Relocation: If at any time during the period of this consent, the City shall alter or change
the grade of any street, alley or other way or place, the Company upon reasonable notice by the City,
shall remove, re-lay or relocate its equipment, at the expense of the Company.
C.
Temporary Removal of Cables: The Company shall temporarily move or remove
appropriate parts of its facilities to allow for the moving of buildings, and machinery, or in other similar
circumstances. The expense shall be borne by the party requesting such action, except when the request
is made by the City, in which case the Company shall bear the cost of such temporary removal.
D.
Removal or Trimming of Trees: During the exercise of its rights and privileges under
this franchise, the Company shall have the authority to trim trees upon and overhanging streets, alleys,
sidewalks or other public places of the City so as to prevent the branches of such trees from coming in
contact with the wires and cable of the Company. Such trimming shall be only to the extent necessary to
maintain proper clearance of the Company's wire and cables.
SECTION 9. CUSTOMER SERVICE
A.
In providing services to its customers, the Company shall comply with N.J.A.C. 14:18-1,
et seq. and all applicable state and federal statutes and regulations. The Company shall strive to meet or
exceed all voluntary Company and industry standards in the delivery of customer service and shall be
prepared to report on it to the City upon written request of the Business Administrator or City Clerk.
B.
The Company shall continue to comply fully with all applicable state and federal statutes
and regulations regarding credit for outages, the reporting of same to regulatory agencies and
notification of same to customers.
C.
The Company shall continue to fully comply with all applicable state and federal statutes
and regulations regarding the availability of devices for the hearing impaired and the notification of
same to customers.
D.
The Company shall use every reasonable effort to meet or exceed voluntary standards for
telephone accessibility developed by the National Cable Television Association (NCTA).
E.
Nothing herein shall impair the right of any subscriber or the City to express any
comment with respect to telephone accessibility to the Complaint Officer, or impair the right of the
Complaint Officer to take any action that is permitted under law.
SECTION 10.
MUNICIPAL COMPLAINT OFFICER
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The Office of Cable Television is hereby designed as the complaint officer for the City of
Rahway pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5. The City shall have the right to request copies of records and reports pertaining
to complaints by the City’s customers from the OCTV.
SECTION 11.
LOCAL OFFICE
The Company shall maintain a local business office or agent in accordance with N.J.A.C. 14:185.1 for the purpose of receiving, investigating and resolving all local complaints regarding the quality of
service, equipment malfunctions, and similar matters. The local business office shall have a publicly
listed toll-free telephone number and be open during standard business hours, and in no event (excepting
emergency circumstances) less than 9:00 A.M. to 5:00 P.M., Monday through Friday.
SECTION 12.
PERFORMANCE BOND
During the life of the franchise the Company shall give to the City a bond in the amount of
twenty-five thousand ($25,000.00) dollars. This bond shall insure the faithful performance of all
undertakings of the Company as represented in its Application which representations are incorporated
herein by reference.
SECTION 13.
SUBSCRIBER RATES
The rates of the Company shall be subject to regulation as permitted by federal and state law.
SECTION 14.
PUBLIC, EDUCATIONAL AND GOVERNMENTAL
ACCESS
A.
The Company shall continue to provide the City with one system-wide public access
channel maintained by the Company. Qualified individuals and organizations may utilize the public
access channel for the purpose of cable-casting non-commercial access programming in conformance
with the Company's published public access rules.
B.
The Company shall continue to provide the City with one system-wide leased access or
commercial access channel maintained by the Company for the purpose of cable-casting commercial
access programming in conformance with the Company’s guideline and applicable state and federal
statutes and regulations.
C.
The Company shall continue to provide the City with one dedicated local access channel
maintained by the Company for the purpose of cable-casting non-commercial governmental access
programming for use by the City and its designees. The Company shall also maintain the dedicated
fiber optic return line originating in the Rahway Municipal Building.
D.
The Company shall continue to provide the City with one dedicated local access channel
maintained by the Company for the purpose of cable-casting non-commercial educational access
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programming for use by the City and its designees. The Company shall also maintain the dedicated
fiber optic return line originating in Rahway High School Building.
E.
The Company shall take any steps that are necessary to ensure that the signals originated
on the access channels are carried without material degradation, and with a signal whose quality is equal
to that of the other standard channels that the Company transmits.
F.
Within six (6) months of the issuance of a Renewal Certificate of Approval (COA) from
the Board, the Company shall provide the City a one-time access related technology grant in the amount
of one hundred fifty thousand dollars ($150,000).
G.
The Company shall continue to make available to the City, the Company’s mobile
production vehicle for the purpose of producing non-commercial community, governmental or
educational access programming, consistent with the Company’s written rules and regulations
concerning the use of the mobile production vehicle.
H.
The Company shall continue to periodically provide training for individuals and
organizations that assist in the production of programming for the access channels provided herein to the
extent that such training is offered by the company.
SECTION 15.
COMMITMENTS BY THE COMPANY
A.
The Company shall continue to provide standard installation and basic cable television
service for one (1) outlet at no cost to each school in the City, public and private, elementary,
intermediate and secondary, provided the school is within 200 feet of active cable distribution plant.
Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the school
requesting service. Monthly service charges shall be waived on all additional outlets, except for
equipment charges.
B.
The Company shall continue to provide standard installation and basic cable television
service for one (1) outlet at no cost to each police, fire, first aid, emergency management facility, public
library, recreation/community center and senior citizens center, provided the facility is within 200 feet of
active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials
plus labor basis shall pay for by any facility requesting service. Monthly service charges shall be
waived on all additional outlets, except equipment charges.
C.
The Company shall continue to provide free basic Internet service, via high-speed cable
modem, to one non-networked personal computer in each school in the City, public and private,
elementary, intermediate and secondary, at no charge.
D.
The Company shall continue to provide free basic Internet access via high-speed cable
modem on one non-networked personal computer in the City's public library, at no charge.
SECTION 16.
EMERGENCY USES
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A.
The Company will comply with the Emergency Alert System (“EAS”) rules in
accordance with applicable state and federal statutes and regulations.
B.
The Company shall in no way be held liable for any injury suffered by the City or any
other person, during an emergency, if for any reason the City is unable to make full use of the cable
television system as contemplated herein.
C.
The City shall use state-approved procedures for such emergency use.
SECTION 17.
LIABILITY INSURANCE
The Company shall at all times maintain a comprehensive general liability insurance policy with
a single limit amount of $1,000,000 covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of the cable television system, and an
excess liability (or "umbrella") policy in the amount of $5,000,000.
SECTION 18.
INCORPORATION OF THE APPLICATION
All of the statements and commitments contained in the Application or annexed thereto and
incorporated therein, and any amendments thereto except as modified herein are binding upon the
Company as terms and conditions of this consent. The Application and other relevant writings submitted
by the Company shall be annexed hereto and made a part hereof by reference provided same do not
conflict with applicable State or Federal law.
SECTION 19.
COMPETITIVE EQUITY
Should the City grant a franchise to construct, operate and maintain a cable television system to
any other person, corporation or entity on terms materially less burdensome or more favorable than the
terms contained herein, the Company may substitute such language that is more favorable or less
burdensome for the comparable provision of this Ordinance subject to the provisions of N.J.A.C. 14:176.7.
SECTION 20.
SEPARABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and its validity or
unconstitutionality shall not affect the validity of the remaining portions of the Ordinance.
SECTION 21.
THIRD PARTY BENEFICIARIES
Nothing in this franchise agreement or in any prior agreement is or was intended to confer thirdparty beneficiary status on any member of the public to enforce the terms of such agreements.
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SECTION 22.
RESERVATION OF RIGHTS
In accordance with the Federal Cable Act, 47 U.S.C. §521 et seq., the Company reserves all rights with
regard to the pass-through of all franchise obligations.
SECTION 23.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon issuance of a Renewal Certificate of
Approval from the BPU.
*** REVISED ***
ORDINANCE
CITY OF RAHWAY, NEW JERSEY
No.
O-9-15
AN ORDINANCE ESTABLISHING MANAGEMENT POSITIONS IN THE CITY OF RAHWAY
AND PROVIDING FOR COMPENSATION FOR MANAGEMENT EMPLOYEES OF THE
CITY OF RAHWAY, NEW JERSEY AND AMENDING ALL ORDINANCES CONCERNING
SUCH COMPENSATION HERETOFORE ADOPTED
IT IS HEREBY ORDAINED by the Municipal Council of the City of Rahway, New Jersey as follows:
The management positions in the City of Rahway set forth in this Ordinance and not otherwise provided
for by law are hereby ORDAINED and established. (Management positions are defined as those
positions not included in any bargaining unit.)
All management employees of the City of Rahway shall be compensated at the rates or within the ranges
set forth in this Ordinance and shall perform such duties as may be prescribed by the Director of the
Department within which they are employed or as may be provided by law.
All rates and ranges are effective January 1, 2015 unless otherwise indicated.
The appointing authority may hire personnel or such additional personnel as may be required on a parttime or temporary basis, to be compensated within available appropriations at a rate or lesser rate than set
forth in this Ordinance.
SECTION I
MANAGEMENT TITLES AND RANGES/RATES
Title
Director of Administration/Business Administrator
Director of Police/Police Chief
Director of Fire/Fire Chief
Director of Public Works/Superintendent of Public Works
Director of Revenue & Finance/ Chief Financial Officer
Director of Health & Senior Services/Health Officer
Director of Building, Planning & Economic Development/Construction Official
Director of Recreation &Superintendent of Recreation
Municipal Court Administrator
Municipal City Clerk
Assistant Superintendent of Public Works
Director of Community Development Programs
Chief Registered Environmental Health Specialist
Payroll Supervisor
Annual Salary Range
$105,000 $175,000
$95,000 $165,000
$95,000 $165,000
$95,000 $165,000
$95,000 $165,000
$95,000 $165,000
$95,000 $165,000
$95,000 $165,000
$75,000 $125,000
$75,000 $115,000
$75,000 $115,000
$75,000 $115,000
$50,000 $85,000
$50,000 $85,000
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Human Resources Coordinator
Supervisor of Senior Citizen Activities
Deputy Municipal Clerk
Accountant
Administrative Clerk
Coalition Coordinator
Tax Collector
Supervising Chief Sanitary Inspector
Fire Official/Fire Sub-Code Official*
Assistant Administrator of Cultural & Heritage Affairs
Assistant Municipal Tax Collector/Assistant Municipal Tax Assessor
Recreation Supervisor
Confidential Secretary
Registered Environmental Health Specialist
Deputy Municipal Court Administrator
Recreation Program Specialist
Confidential Assistant
Code Enforcement Officer/Zoning Officer
Recreation Program Coordinator
Community Service Worker
Recreation Aide
Inspector (e.g. Building, Mechanical, Housing)
Sub Code Official (e.g. Electrical, Plumbing)
Recreation Leader
$50,000
$50,000
$50,000
$50,000
$50,000
$50,000
$45,000
$45,000
$45,000
$45,000
$45,000
$45,000
$45,000
$45,000
$45,000
$45,000
$40,000
$40,000
$35,000
$35,000
$35,000
$30,000
$30,000
$20,000
-
$85,000
$80,000
$80,000
$80,000
$80,000
$75,000
$75,000
$75,000
$75,000
$75,000
$70,000
$70,000
$70,000
$65,000
$65,000
$65,000
$65,000
$65,000
$60,000
$60,000
$60,000
$55,000
$55,000
$45,000
* The range for Fire Official/Fire Sub-Code Official is subject to applicable local bargaining unit agreement if the
employee is a member of the local FMBA or FROA Union
No Range & Hourly
Board Clerks
Planning Board
Municipal Board of Alcoholic Beverage Control
Environmental Commission
Municipal Alliance
Board of Adjustment
$4,000
$3,000
$3,800
$3,800
$4,000
Annually
Annually
Annually
Annually
Annually
Elected Officials
Mayor
President of Municipal Council
Member of Municipal Council
$72,000
$9,676
$8,043
Annually
Annually
Annually
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Court
Municipal Judge
Alternate Municipal Judge
$62,424
$200-$300
Prosecutor
Alternate Prosecutor
Municipal Court Attendant
Public Defender
$53,321
$100
$20
$21,537
Annually
Per
session
Annually
Per hour
Per hour
Annually
Other
Bus Driver
Security Guard
Program Instructors
Temporary/Seasonal and/or Part-time Workers
$10-$25
$10-$25
$20-$60
$8.50-$40
Per hour
Per hour
Per class
Per hour
A stipend shall apply to those employees assigned for Emergency Management operations and emergency
response.
The range for these positions is for full time employment. Salaries may be adjusted for part time work.
All provisions of this Ordinance are subject to available appropriations and this Ordinance does not and
shall not legally bind the City to pay any of the wages or compensations set forth herein unless and until
appropriations have been made in sufficient amounts to pay said wages or compensations to those holding
the titles and positions set forth herein.
SECTION II
Pursuant to N.J.S.A. 40:69A-43a, the salaries, wages or other compensation paid to any other municipal
administrative employees not listed herein may be established by the Mayor in his discretion.
SECTION III
Management employees hired prior to July 1, 1999 shall be paid two percent (2%) of their previous year’s
base salary as longevity pay for each four (4) years of employment they have completed. Maximum
longevity pay is twelve percent (12%).
SECTION IV
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to such inconsistencies.
SECTION V
This ordinance shall take effect upon final passage and publication according to law.