City Council

CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY THURSDAY, JANUARY 19, 2012 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, January 18, 2012. I. CALL TO ORDER II. ROLL CALL III FLAG SALUTE and INVOCATION IV PRESENTATION – STATUS OF RECRUITMENT OF DIRECTORS: Division of Community Affairs, Thomas Neff, Director V PUBLIC COMMENT - Comments should be limited to 3 minutes VI CIVIC COMMENTS VII PRESENTATION – MARRIOTT HOTEL: Lafayette Yard Community Development Corporation, Cleve Christie, Chairman VIII DOCKET ADOPTION IX ADJOURN ACTION MAY BE TAKEN AT THIS MEETING  DOCKET THURSDAY, JANUARY 19, 2012 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Justice Lakia Nicole, 620 West State Street, Trenton NJ, vs. City of Trenton submitting a claim for damages to vehicle 1b Tort Claim – Marcy Beth Silverman, 150 Golf Drive, Langhorne, PA vs. City of Trenton submitting a claim for personal injuries. 1c Tort Claim – Florence A. Witcher, 70 Independence Way apt 203, Trenton NJ, vs City of Trenton submitting a claim for personal injuries. 1d Tort Claim – Credit Union of New Jersey, 1301 Parkway Avenue, Ewing, New Jersey, vs. City of Trenton submitting a Claim for property damages 1e Tort Claim – Margaret D. Smith, 12 Elm Street, Trenton, New Jersey, submitting a claim for loss of property 1f Tort Claim – Flynn & Associates, P.C. 2091 Springdale Road, Suite 2, Cherry Hill, New Jersey representing Dawn Elam, 26 Bond Street, New Jersey on a claim against the City of Trenton for personal injuries 1g Tort Claim – Joseph D. Kaplan, 70 N. Montgomery Street, Trenton, New Jersey, representing Yvette Pagan, 40 Charlotte Avenue, Hamilton, New Jersey on a claim against the City of Trenton for personal injuries. 1h Tort Claim – DePasquale Law Offices, 116 White Horse Pike, Haddon Heigths, New Jersey on behalf of Jashiben Patel (deceased) representing next of kin on a claim against the City of Trenton – Fire Department Battalion Chief 1i Tort Claim - Krutman & Eustace, 2525 Nottingham Way, Hamilton, New Jersey, representing Eladio Maldonado Jr., 7 Princess Diana Dr., Trenton, New Jersey on a claim against the City of Trenton for personal injuries 1j Civil Action – Wells Fargo N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NCI Asset-Backed Pass-Through Certificates vs. George A. Williams, et al 1k Civil Action – Bernstein & Manahan, LLC, James P. Manahan, Esquire, 3120 Princeton Pike, Suite 302, Lawrenceville, New Jersey representing Robert Tokarcik vs City of Trenton, Tony Mack, Cleveland Thompson, Anthony Roberts. 1l Civil Action – Pellettieri, Rabstein and Altman, 100 Nassau Park Blvd., Suite 111, CN5301, Princeton, New Jersey representing (a minor) Jonathan Davila, by his guardian ad litem, Denise Davila and Denise Davila individually vs Puerto Barrios Restaurant LLC, Edgar Esquivel, City of Trenton, Mercer County, ABC, INC. (1-10); XYZ, Inc. (1-10).; John Doe, Richard Roe, being fictitious, jointly, individually, and in alternative Page 2 of 7 January 19, 2012  1m Civil Action – Honig & Greenberg, LLC., 1949 Berlin Road, Suite 200, Cherry Hill, New Jersey representing CCTS Tax Liens I, L.L.C vs. Clarence Wiggins his heirs, devisees and personal representatives, and his, hers, theirs, et al 1n Civil Action – Stark & Stark, 993 Lenox Drive, Building 2, P.O. Box 5315, Princeton, New Jersey representing Mary R. Goodwyn and Thomas Goodwyn vs. City of Trenton, Daryl J. Taylor and John Does (fictitious designations) 1o Civil Action – Gary C. Zeitz, LLC, 201 Barclay Pavilion West, Cherry Hill, New Jersey, representing CCTS Tax Liens vs 220 Allen Street, LLC, et al. 1p Delaware Valley Regional Planning Commission – submitting a memorandum providing us with a copy of their new information brochure on Public Participation. 1q State of New Jersey Office for Planning Advocacy – Via email distribution providing information regarding six public hearings for the draft of the Final Strategic State Plan: New Jersey’s State Development and Redevelopment Plan. 1r State of New Jersey, Richard Blackman, Project Manager, PSE&G Services Corporation - submitting approval regarding Former Chauncey Street Gas Works, 11, 13 Chauncey Street, Trenton, New Jersey The Divine Kidz Academy, 16 Bank Street, Trenton, New Jersey 1s State of New Jersey Department of Environmental Protection – Mr. Philip Slowiak, Sr. Project Manager, submitting letter to advise of the status of the Department’s review of the above referenced case: Thiokol Chemical Corporation Enterprise Ave, Trenton City, Mercer County, SRP PI# G000004378 1t NJDEP – Submitting letter regarding conditions for Gentry Holdings Incorporated (GHI ), 153 Oakland Street, Trenton, Mercer County: PI 032024, Case#97-10-10-0908-17 and Sec # 4 1u Mercer County - Submitting copies for the following approved Ordinances:2011-11 through 2011-16. 1v PSE&G – Providing a copy of an updated fact sheet that was sent to property owners/residents for the subject site in accordance with the New Jersey Department of Environmental Protection. 2. REPORTS 2a Department of Administration, Division of Purchasing Bid Report for December 28, 2011 Bid # 72-R1-06946, Bid #73 2b Raffle Application submitted by American Legion Post 458, 1438 Brunswick Avenue, Trenton New Jersey, NJ-ID 495-7-558, Pull tab raffles to be held from February, 2012 through December 31, 2012. 2c Report for the City Clerks Office for the month ending December 31, 2011, and turned over to the City Treasurer. 3. MINUTES FOR APPROVAL - None Page 3 of 7 January 19, 2012 4. RESOLUTIONS FOR ADOPTION – ROLL CALL 12-37 RESOLUTION AUTHORIZING THE AWARD OF A CONTACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET. SEQ. TO STRATUS TECHNOLOGIES IRELAND LTD, 111 POWDER MILL ROAD, MAYNARD, MA 017754 TO PROVIDE ANNUAL MAINTENANCE AND SUPPORT SERVICES FOR THE STRATUS SERVERS LOCATED IN THE DEPARTMENT OF POLICE (Not to exceed $21,792.00) 12-42 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 159 SHERMAN AVENUE (ACCOUNT #616-1166-304) DUE TO NON-ENTRY OF WATER INTO THE SEWER SYSTEM. (Reduction of $2,580.38) 12-55 RESOLUTION AUTHORIZING A PUBLIC SALE PURSUANT TO N.J.S.A 39:10-10A-1 ET. SEQ. OF TOWING THIRTY ONE (31) VEHICLES THAT WERE FOUND ABANDONED AND WERE RECOVERED BY THE TRENTON POLICE DEPARTMENT 12-60 RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY 2012 TEMPORARY BUDGETS OF THE CITY OF TRENTON 5. RESOLUTIONS FOR ADOPTION – CONSENT 12-35 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 PATRICK AUFIERO, MD., PA AND SETH ROSENBAUM, M.D., PROFESSIONAL CENTER AT HAMILTON, 2085 KLOCKNER ROAD, HAMILTON, NEW JERSEY 08690 TO PROVIDE PROFESSIONAL MEDICAL SERVICES TO REPRESENT THE CITY OF TRENTON IN THE DEVELOPMENT AND COMPLIANCE OF MEDICAL POLICIES, DIRECTIVES, AND IS THE ULTIMATE AUTHORITY ON MEDICAL ISSUES FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH (Not to exceed $15,000.00) 12-36 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO SHOTSPOTTER, INC., 1060 TERRA BELLA AVENUE, MOUNTAIN VIEW, CA 94043 FOR THE FURNISHING AND DELIVERY OF ALL MATERIALS, LABOR AND EQUIPMENT FOR A GUNSHOT DETECTION AND LOCATION SYSTEM FOR THE DEPARTMENT OF POLICE (Not to exceed 300,000.00) 12-38 RESOLUTION AUTHORIZING THE PURCHASE OF PUBLIC VIDEO SURVEILLANCE CAMERA TO BE INSTALLED AROUND THE CITY OF TRENTON, FROM MAIN ACCESS SYSTEMS, 900 BEATTY STREET, TRENTON, NEW JERSEY 08611, FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING. (Not to exceed $144,000.00) 12-39 RESOLUTION TO ACCEPT A GRANT AGREEMENT BETWEEN THE COUNTY OF MERCER AND THE CITY OF TRENTON FOR THE ALLOCATION OF EMERGENCY MANAGEMENT AGENCY ASSISTANCE GRANT MONEY TO ESTABLISH AND SUPPORT A FEMA TYPE 1 COMMODITY DISTRIBUTION POINT FOR THE DISTRIBUTION OF COMMODITIES IN TRENTON AND SURROUNDING COMMUNITIES IN THE AMOUNT NOT TO EXCEED $11,228.00 12-41 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 ASSOCIATION BUSINESS SOLUTIONS, INC., 247 EAST FRONT STREET, TRENTON, NEW JERSEY 08611 TO PROVIDE PROFESSIONAL MARKETING AND CONSULTING SERVICES TO ASSIST IN PROMOTING THE TRENTON URBAN ENTERPRISE ZONE AND THE BUSINESS LOCATED WITHIN THE ZONE FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT.. (Not to exceed $75,000.00) Page 4 of 7 January 19, 2012  12-43 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH LOCKWOOD’S ELECTRIC MOTOR SERVICE INC., 2239 NOTTINGHAM WAY, TRENTON NJ 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY SERVICES AND REPAIRS DUE TO A POWER DISRUPTION AT THE TRENTON WATER WORKS CENTRAL PUMPING STATION (Not to exceed $36,529.70) 12-44 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH LOCKWOOD’S ELECTRIC MOTOR SERVICE INC., 2239 NOTTINGHAM WAY, TRENTON, NJ 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY SERVICES AND REPAIRS DUE TO FLOODING OF THE MECHANICAL DEWATERING FACILITY BASEMENT OF THE TRENTON WATER WORKS, WATER FILTRATION PLANT (Not to exceed $28,682.79) 12-46 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH TED DOLCI, INC., 340 PATTERSON AVENUE, HAMILTON, NJ 08610 WHICH WAS WARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF VALVE ROADWAY BOXES AND REPLACEMENT OF BROKEN VALVES (Not to exceed $83,433.00) 12-47 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 008691 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REMOVAL AND REPLACEMENT OF TWENTY-FOUR INCH VALVE ON SOUTH BROAD STREET (Not to exceed $33,705.00) 12-48 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER 1 TO THE CONTRACT WITH THE FIRM OF DEWCON, INC., P.O. BOX 439, BASKING RIDGE, NJ 07920 TO PROVIDE ADDITIONAL CLEANING AND CEMENT MORTAR SERVICES FOR THE TRENTON WATER WORKS (Not to exceed $18,732.72) 12-49 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO YARDVILLE SUPPLY CO., PO BOX 8427, HAMILTON, NEW JERSEY 08650 TO PROVIDE PORTLAND CEMENT BAGS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (Not to exceed $4,351.00) 12-50 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO WATER WORKS SUPPLY CO., INC, PO BOX 306, POMPTON PLAINS, NEW JERSEY 07444 FOR THE FURNISHING AND DELIVERY OF MUELLER CURB BOXES AND MATERIALS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY. (Not to exceed $30,364.00) 12-51 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF DAVID OKESOLA V. THE CITY OF TRENTON, CLAIM PETITION NO 2011-13327 IN THE TOTAL AMOUNT OF $2,500.00 12-52 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JOSEPH MONDELLO V. THE CITY OF TRENTON, CLAIM PETITION NO 2011-9750 IN THE TOTAL AMOUNT OF $15,825.00 12-53 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF DAVID OKESOLA V. THE CITY OF TRENTON, CLAIM PETITION NO 2011-13328 IN THE TOTAL AMOUNT OF $2,584.75 12-54 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JEFFREY HILL V. THE CITY OF TRENTON, CLAIM PETITION NO 2004-27190 IN THE TOTAL AMOUNT OF $49,008.00 PLUS FEES AND COSTS Page 5 of 7 January 19, 2012  12-56 RESOLUTION REJECTING A PROPOSAL THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR TRENTON WATER WORKS DISTRIBUTION SYSTEM MASTER PLAN UPDATE FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY 12-57 RESOLUTION REJECTING THE TWO PROPOSALS RECEIVED UNDER A COMPETITIVE CONTRACTING PURSUANT TO N.J.S.A. 40A:11-4.1 ET. SEQ. TO PROVIDE A HUMAN RESOURCE AND PAYROLL SOFTWARE SYSTEM (HRIS) FOR THE DEPARTMENT OF ADMINISTRATION 12-58 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 RONALD SCHMIDT & ASSOCIATES, P.A., 222 GRAND AVENUE, ENGLEWOOD, NJ 07631 TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES TO RESOLVE STATE FIRE CODE VIOLATIONS AT THE MILL HILL PLAYHOUSE, FRONT AND MONTGOMERY STREET, TRENTON, NJ FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE (Not to exceed $10,800.00) 12-59 RESOLUTION AUTHORIZING THE PURCHASE OF #2 FUEL OIL AS NEEDED FOR THE VARIOUS DIVISIONS OF THE CITY OF TRENTON FROM RIGGINS, INC., 3938 S. MAIN ROAD, VINELAND, NEW JERSEY 08360, IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT (Not to exceed $238,480.08) 12-61 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO RICHARD T. BARRETT PAVING COMPANY, INC., 400 PROSPECT STREET, TRENTON NEW JERSEY 08618 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE RECONSTRUCTION OF NORTH WARREN, PENNINGTON AVE TO BANK STREET FOR THE DEPARTMENT OF PUBLIC WORKS, TRAFFIC AND TRANSPORTATION. (Not to exceed $424,988.09) 12-62 RESOLUTION AWARDING A CONTRACT TO INTERNATIONAL SALT CO., INC., 655 NORTHERN BOULEVARD, CLARK SUMMIT, PA 18422 FOR THE FURNISHING ON AN AS NEEDED BASIS PER YEAR APPROXIMATELY 1,400 TONS OF TREATED ROCK SALT WITH LIQUID MAGNESIUM CHLORIDE/LIQUID ORGANIC FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF STREETS FOR USE DURING A TWO YEARS PERIOD FROM DECEMBER 22, 2011 TO DECEMBER 21, 2013 WINTER SEASON IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT (Not to exceed $212,800.00) 12-63 RESOLUTION AUTHORIZING THE PURCHASE OF PACA BODY ARMOR FOR THE DEPARTMENT OF POLICE FROM SAMZIE’S UNIFORMS, 28 SCOTCH ROAD, WEST TRENTON, NJ 08628 THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING. (Not to exceed $53,565.75) 12-64 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICES OF WANDA M. AKIN & ASSOCIATES, ONE GATEWAY CENTER, SUITE 2600, NEWARK, NJ 07102, BE EXTENDED FOR A PERIOD OF SIX (6) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $3,000.00) 12-65 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICES OF TAYLOR AND JAY, LLC, 20 EAST CENTRE STREET, WOODBURY, NJ 08096, BE EXTENDED FOR A PERIOD OF SIX (6) MONTHS TO CONTINUE TO Page 6 of 7 January 19, 2012  PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $3,000.00) 12-66 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICES OF NERWINSKI, FOX & DEMBER, LLC, 600 LAWRENCE ROAD, LAWRENCEVILLE, NJ 08648, BE EXTENDED FOR A PERIOD OF SEVEN (7) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $5,000.00) 12-67 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICES OF CONNELL FOLEY, LLP, 85 LIVINGSTON AVENUE, ROSELAND, NJ 07068, BE EXTENDED FOR A PERIOD OF SEVEN (7) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING SPECIALIZED INSURANCE MATTERS FOR THE CITY OF TRENTON (Not to exceed $15,000.00) 12-68 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICERS OF LITE DEPALMA GREENBERG, LLC, 2 GATEWAY CENTER, FLOOR 12, NEWARK, NJ 07102, BE EXTENDED FOR A PERIOD OF SIX (6) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $6,500.00) 12-69 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICES OF HILL WALLACK, LLP, 202 CARNEGIE CENTER, PRINCETON, NJ 08536, BE EXTENDED FOR A PERIOD OF SEVEN (7) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $18,000.00) 12-70 RESOLUTION AUTHORIZING THAT THE CONTRACT ENTERED INTO WITH THE LAW OFFICE OF JOHN MORELLI, P.C., 203 WEST SOMERDALE ROAD, VOORHEES, NJ 08043, BE EXTENDED FOR A PERIOD OF SEVEN (7) MONTHS TO CONTINUE TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS FOR THE CITY OF TRENTON (Not to exceed $25,000.00) 6. ORDINANCES Public Hearing and Second Reading 12-01 ORDINANCE AUTHORIZING THE EXECUTION OF A DISPOSITION AGREEMENT AND THE SALE OF PROPERTIES TO CITYWORKS, INC. PURSUANT TO N.J.S.A. 40A:12-21(j) Introduction and First Reading 12-04 BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO VARIOUS SCHOOL BUILDINGS AND GROUNDS IN THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $4,175.000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,175,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. 12-05 ORDINANCE ACCEPTING BIDS AND AUTHORIZING THE PUBLIC SALE OF CITY OWNED PROPERTY Page 7 of 7 January 19, 2012