City Council

CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, JULY 19, 2011 AT 5:30 P.M. AGENDA STATEMENT: Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act, pursuant to Public Laws 1975, Chapter 231. The Agenda for this meeting was sent to the Trenton Times and the Trentonian Newspapers, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on, July 14, 2011 I. CALL TO ORDER II. ROLL CALL III INVOCATION IV FLAG SALUTE V PUBLIC COMMENT (Comments should be limited to 3 minutes) VI EXECUTIVE SESSION: Litigation - ABC VII PRESENTATION: Trenton Water Works Improvements – Hatch Mott McDonald VIII ADVICE AND CONSENT: Kimberli Craft – Public Works Debra Gelson – Municipal Court Judge (Part-time) Robert Yostemski – Municipal Court Judge (Full-time) Rodney Thompson – Municipal Court Judge (Full-time) IX DOCKET REVIEW AND APPROVAL X CIVIC COMMENTS XI ADJOURN ACTION MAY BE TAKEN AT THIS MEETING  DOCKET TUESDAY, JULY 19, 2011 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Jonathan L. Updike, 700 Southard Street, Trenton, NJ – submitting a claim against the City of Trenton for personal injury 1b Tort Claim – The Brown Depinto Law Firm, LLC, 1 AAA Drive, Suite 205, Robbinsville, NJ, filing a notice of information concerning a claim file on behalf of Mr. Keith Hamilton. 1c Tort Claim – The Rothenberg Law Firm, Tarragon Executive Offices, 811 Church Road, Suite 222, Cherry Hill, NJ representing Jessie Horne, 70 Passiac Street, Trenton, NJ on a claim against the City of Trenton for personal injury. 1d Tort Claim – Brause, Brause & Ventrice, LLC, 276 Main Street, Cn-4001, Metuchen, NJ – representing the Estate of Corey Brown on a claim against the City of Trenton. 1e Tort Claim – Lord & Kobrin, 1283 Route 22 East, Mountainside, NJ representing Nestor Rodriguez and Wanda Rodriguez2538 S. Broad Street, Hamilton, NJ on a claim against the City of Trenton for personal injury. 1f Tort Claim – Gina M. Logsdon, 1315 Chambers Street, Trenton, NJ submitting a claim against the City of Trenton for property damages. 1g Tort Claim – Clinton C. Barlow, III, P.O. Box 2134, Trenton, NJ submitting a claim against the City of Trenton. 1h Tort Claim – James Hill, 312 Lalor Street, Apt. C309, Trenton, NJ submitting supplements for his Tort Claim. 1i Tort Claim - Stark & Stark, 993 Lenox Drive, Lawrenceville, NJ representing Isahica Williams, 11 Eisenhower Avenue, Trenton, NJ on a claim against the City of Trenton for personal injury. 1j Tort Claim – Martin Melody, LLC, 44 Sycamore Avenue, Suite 3A, Little Silver, NJ representing Aaron Carter, 1750 E. State Street, Trenton, NJ on a claim against the City of Trenton for personal and other injuries. 1k Civil Action – Pellegrino & Feldstein, LLC, 290 Route 46 West, Denville, NJ representing Michael Jackson v the City of Trenton, Sammie Ray Greene, et als. 1l Civil Action – Gary C. Zeitz, LLC, 201 Barclay Pavilion West, Cherry Hill, NJ – representing CCTS Tax Liens I, LLC v George Frater, et al. – City of Trenton 1m Civil Action – James P. Brady, P.A., PO Box 816, 200 Main Street, Toms River, NJ representing Associated Data Processing Consultants, Inc. v The City of Trenton 1n Civil Action – Katz & Dougherty, LLC, 4020 Quakerbridge Road, Mercerville, NJ representing James Carlucci and Robert Chilson v. The City of Trenton 1o State of NJ, Department of Environmental Protection – Application file by the City of Trenton for Land Use Regulations for a property located Between Broad and Warren Streets, Trenton, NJ Page 2 of 6 City of Trenton July 19, 2011 1p State of New Jersey, Department of Environmental Protection – Submitting a copy of the Remedial Action Soil Permit issued to the Trenton Times, 500 Perry Street, Trenton, NJ 1q State of New Jersey, Department of Environmental Protection – Submitting a copy of the Groundwater Remediation Permit issued to the Trenton Times, 500 Perry Street, Trenton, NJ 1r State of New Jersey Attorney General Office – Submitting a notice of Reminder for the New Jersey Charities Registration and Investigation Act Renewal 1s State of New Jersey, Department of Transportation – Submitting a letter to notify the City of Trenton that they will be filing an application for the Land Use Regulation Program for a Flood Hazard Area Individual Permit for a property located at Memorial Drive Extension at Barrack Street and Memorial Drive, Trenton, NJ. 1t State of New Jersey, Department of Environmental Protection – Submitting a copy of a No Further Action Letter for the remediation of Perdicaris Place and West State Street, Trenton, NJ 1u County of Mercer – submitting a memorandum concerning the Mercer County TRADE Annual Public Hearing schedule for Wednesday, July 13, 2011. 1v Township of Hamilton, Planning Board – Submitting a copy of resolution adopted and a CD containing the Master Plan and related documents 1w Delaware Valley Regional Planning Commission – Submitting a notice inviting the City of Trenton to apply for funding. 1x Williams Gas Pipeline – Submitting a Notice notifying the City of Trenton that they owned a high-pressure natural gas transmission pipeline in the City. 1y Fox Rothschild, LLP, PO Box 5231, Princeton, NJ – Submitting a letter to correct the name of the Petitioner from Matrix E. Front St. Urban Renewal, LLC to Woodrose Parking, LLC. 1z DEP Site Remediation Report – Submitting a copy of a remediation report for a property located at 420 Whittaker Avenue, Trenton, NJ 2. REPORTS 2a Department of Administration, Division of Purchasing Bid Report for June 22, 2011 Bid # 117-R1-05760, Bid #138, Bid # 139-R1-06845, Bid # 141 and Bid #142 2b Monthly Cash Report for the City Clerks Office for revenue collected for the month of June, 2011. 2c Raffle Application submitted by Holy Cross Post No. 417, Catholic War Veterans, 301 Grand Street, Trenton, NJ for a 50/50 Raffle on November 25, 2011 2d Monthly Cash Report for the City Clerks Office for revenue collected for the FY 2010-2011 for months of July, 2010 to June, 2011. 3. MINUTES FOR APPROVAL - none Page 3 of 6 City of Trenton July 19, 2011 4. RESOLUTIONS FOR ADOPTION 11-448 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO HATCH MOTT MACDONALD, 27 BLEEKER STREET, MILLBURN, NEW JERSEY 07041-1008 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES TO REVIEW, ANALYSIS, DESIGN AND CONSTRUCTION OBSERVATION SERVICES FOR REPLACEMENT AND UPGRADE OF TRENTON WATER FILTRATION PLANT, PUMP ROOM FLOOR SUMP PUMP SYSTEM FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (not to exceed $84,180.00) 11-449 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ABLE CLEANING SERVICE OF N.J., LLC, 1313 NECK ROAD, BURLINGTON, NEW JERSEY 08016 TO PROVIDE CLEANING SERVICES FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY DISTRIBUTION COMPLEX LOCATED AT 333 COURTLAND STREET, TRENTON, NEW JERSEY (not to exceed $22,477.00) 11-450 RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN VEHICLES TOWED BY HAWK’S SERVICES TOWING IN LIEU OF FULL PAYMENT OF ANY AND ALL COSTS ASSOCIATED WITH THE TOWING AND STORAGE OF SAID VEHICLES 11-451 RESOLUTION AUTHORIZING THE CONVEYANCE OF CERTAIN VEHICLES TOWED BY EWINGVILLE AUTO ON BEHALF OF THE CITY OF TRENTON TO EWINGVILLE AUTO TOWING IN LIEU OF FULL PAYMENT OF ANY AND ALL COSTS ASSOCIATED WITH THE TOWING AND STORAGE OF SAID VEHICLES 11-452 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION; 4 YOUNGS ROAD, HAMILTON, NJ 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 490 MARTIN LUTHER KING JR. BOULEVARD TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (amount $33,120.00) 11-453 RESOLUTION AUTHORIZING AN APPLICATION FOR A HIGHWAY SAFETY GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, OVER THE LIMIT UNDER ARREST 2011 STATEWIDE CRACKDOWN. 11-454 RESOLUTION AUTHORIZING APPLICATION OF THE 2011 PROJECT SAFE NEIGHBORHOODS GRANT PROGRAM ADMINISTERED BY THE NEW JERSEY DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY. 11-455 RESOLUTION DESIGNATING THE TRENTON DOWNTOWN ASSOCIATION AS DESTINATION MARKETING ORGANIZATION FOR THE CITY OF TRENTON 11-456 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO WATERS AND BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 08691 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE TRENTON GATEWAY CONSTRUCTION PROJECT CONSISTING OF STREETSCAPE, LANDSCAPE, SIGNAL AND ROAD Page 4 of 6 City of Trenton July 19, 2011  IMPROVEMENTS ALONG WARREN STREET, MARKET STREET AND JOHN FITCH WAY, FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT, DIVISION OF PLANNING. (not to exceed $4,4441,800.56) 11-457 RESOLUTION DESIGNATING OFFICIAL NEWSPAPER OF THE CITY OF TRENTON 11-458 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT THROUGH A NON-FAIR AND OPEN PROCESS TO JOHN MORELLI, P.C., 203 WEST SOMERDALE ROAD, VOORHEES, NJ 0080043 TO PROVIDE TRANSITIONAL PROFESSIONAL LEGAL SERVICES-CIVIL RIGHTS AND OTHER SPECIALIZED LITIGATION FOR THE CITY OF TRENTON IN AN AMOUNT NOT TO EXCEED $12,000.00 11-459 RESOLUTION AUTHORIZING SETTLEMENT OF WORKERS COMPENSATION CLAIM IN THE MATTER OF AIDA RODRIGUEZ V. THE CITY OF TRENTON, CLAIM PETITION NO. 2010-441 IN THE TOTAL AMOUNT OF $2,000.00 11-460 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF DONALD LECH V. THE CITY OF TRENTON, CLAIM PETITION NO. 2007-19591, 2007-19596, AND 2007-19603 IN THE TOTAL AMOUNT OF $20,000.00 11-461 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF BENJAMIN WARD V. THE CITY OF TRENTON, CLAIM PETITION NO. 2007—22304, 2007—29723, AND 2007-94795 IN THE TOTAL AMOUNT OF $98,506.67 PLUS A SHARE OF FEES AND COSTS 11-462 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF RAUL VIRELLA V. THE CITY OF TRENTON, CLAIM PETITION NO. 2009—339974 IN THE TOTAL AMOUNT OF $25,000.00 PLUS COURT COSTS AND FEES 11-463 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JASON ROGERS V. THE CITY OF TRENTON, CLAIM PETITION NO. 2010-22741 IN THE TOTAL AMOUNT OF $5,000.00 11-464 RESOLUTION GRANTING RENEWAL OF PLENARY CONSUMPTION LICENSE # 11110330236-008, JASBIR S. SETHI, FOR THE 2011-2012 LICENSING PERIOD 11-465 RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE 1111-32-050-005, JDNS INC., 120 SOUTH WARREN STREET, FOR THE 2010-2011 AND 2011-2012 LICENSING PERIODS 11-466 RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE # 1111-33-071-011, COLUMBUS LOUNGE & RESTAURANT, INC., FOR THE 2011-2012 LICENSING PERIOD 11-467 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE RETAIL DISTRIBUTION # 1111-44-021-007, GLEN LIQUOR, INC., 909-919 PENNINGTON AVE., FOR THE 2011-2012 LICENSING PERIOD Page 5 of 6 City of Trenton July 19, 2011 11-468 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE, 1111-33-293-006, FRIAS, MAYRA M., 2114 LIBERTY ST. FOR THE 2011-2012 LICENSING PERIOD 11-469 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE RETAIL CONSUMPTION # 1111-33-096-002, EARL’S ENTERPRISES, INC., 1133 E. STATE ST., FOR THE 2011-2012 LICENSING PERIOD 11-470 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE RETAIL DISTRIBUTION # 1111-44-022-004, ANSHUL, INC., 255 HAMILTON AVE., FOR THE 2011-2012 LICENSING PERIOD 5. ORDINANCES Public Hearing and Second Reading 11-31 ORDINANCE AMENDING CHAPTER 132, ARTICLE X OF THE CODE OF THE CITY OF TRENTON TO REQUIRE HEATER AND CHIMNEY CERTIFICATIONS AND TENANT IDENTIFICATION UPON THE APPLICATION FOR AND RENEWAL OF LICENSES FOR RENTAL DWELLING UNITS 11-33 ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS 24 LASALLE AVENUE, BLOCK 34103, LOT 9 11-34 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND MIGUEL VEGA FOR THE USE OF VACANT CITY- OWNED PROPERTY FOR GARDENING 11-35 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND EVA CORDERO & CARLOS ORTIZ FOR THE USE OF VACANT CITY0-OWNED PROPERTY FOR GARDENING 11-36 ORDINANCE AMENDING CHAPTER 2, ARTICLE XVI OF THE CODE OF THE CITY OF TRENTON REGARDING RESIDENCE REQUIREMENTS TO ADD GRACE PERIOD AND EXEMPTIONS 11-37 ORDINANCE ADOPTING THE NEW JERSEY DEFINED CONTRIBUTION RETIREMENT PROGRAM FOR ALL APPOINTED OFFICIALS AS ELIGIBLE FOR MEMBERSHIP IN THE DEFINED CONTRIBUTION RETIREMENT PROGRAM Page 6 of 6 City of Trenton July 19, 2011