City Council

CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY THURSDAY, MARCH 15, 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, March 14, 2012. I. CALL TO ORDER II. ROLL CALL III INVOCATION and FLAG SALUTE IV PUBLIC COMMENT - Comments should be limited to 3 minutes V CIVIC COMMENTS VI ADOPTION OF FY2012 BUDGET VII EXECUTIVE SESSION: Resolution 12-157: Litigation - Donahue v. City of Trenton VIII PRESENTATION: Contracts and Section 3 Requirements IX DOCKET ADOPTION X ADJOURN ACTION MAY BE TAKEN AT THIS MEETING  DOCKET THURSDAY, MARCH 15, 2012 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – S and S Industrial Equipment and Supply Company, Inc., 7 Chelton Way, Trenton, NJ submitting a claim against the City of Trenton for property damage 1b Tort Claim – Mark A. Jackson, 822 Lamberton Street, Trenton, NJ submitting a claim against the City of Trenton for personal injury 1c Civil Action – Gary C. Zeitz, L.L.C., 1105 Laurel Oak Rd., Suite 136, Voorhees, NJ representing Sass Muni V, L.L.C. through its Custodian U.S. Bank N.A. v. Candida Solivan, et al 1d Civil Action Summons – Gary C. Zeitz, L.L.C., 1105 Laurel Oak Rd., Suite 136, Voorhees, NJ representing Sass Muni V, L.L.C. through its Custodian U.S. Bank N.A. v. Legacy Development Associates, LLC, et al 1e Civil Action – Gary C. Zeitz, L.L.C., 1105 Laurel Oak Rd., Suite 136, Voorhees, NJ representing CCTS Tax Liens I, L.L.C. v. Garden States Properties, et al 1f Civil Action - Fein, Such, Kahn & Shepard, P.C. representing Bayview Loan Servicing, LLC v 415- 417 East 5th Street, L.L.C., et als 1g Civil Action Summons – Stark & Stark, 993 Lenox Drive, Building 2, P.O. Box 5315, Princeton, NJ representing Rosa P. Boynton v City of Trenton, City of Trenton Shade Tree Commission, Plansmart NJ and John Does 1h State of New Jersey, Department of Environmental Protection – Submitting Notice to Advise Municipalities of the Mandatory Remediation Time Frames 1i State of New Jersey, Department of Environmental Protection – Submitting a No Further Action Letter for Remediation of the Capital Health System area, 750 Brunswick Avenue, Trenton, NJ 1j Langan Engineering & Environmental Services – Submitting a notice of application for Individual Flood Hazard Area Permit for the Miller Homes Residential Redevelopment 1k Master Consulting P.A. – Submitting a copy of the Initial Receptor Evaluation for the Trent House Square on Warren and Bridge Street, Trenton, NJ 1l Birdsall Services Group Engineers & Consultants – Submitting a copy of the Receptor Initial Evaluation Form for the Site at Cass Street & Hudson Street, Cass Street Properties 1m Environ – Submitting a copy of the Receptor Initial Evaluation Form for Isles, Inc. for the site at 33 Tucker Street 1n ERM, 200 Princeton South Corporate Center, Suite 160 - Submitting a copy of the Receptor Initial Evaluation Form for Thiokol Chemical Corporation for the North Enterprise Avenue Site located at 40 Enterprise Avenue 1o Osprey Environmental, LLC, 711 Jackson Rd., Unit 1, Atco, NJ - Submitting a copy of the Receptor Initial Evaluation Form for Prospect Village , Prospect Village Community Center located at 110 Prospect Street 1p Peak, 74 Main Street, 2nd fl., Woodbridge, NJ – Submitting a copy of the LSRP Notification of Retention Form for Romeco, Inc., a.k.a. 2243 Spruce Street, Trenton, NJ 1q Civil Action - Brach Eichler, LLC, 101 Eisenhower Parkway, Roseland, NJ representing Kay 5 Properties, LLC v City of Trenton  1r Civil Action – Katz & Dougherty, LLC, 4020 Quakerbridge Rd., Mercerville, NJ representing James Carlucci v City of Trenton, Tony Mack as Mayor and Individually and Anthony Roberts as Acting Business Administration and Individually 1s Civil Action – McCarter & English, Attorneys at Law representing BOI I LLC v City of Trenton, Tax Court Complaint 1t Tort Claim – Fornaro Francioso, LLC, Counselors at Law, 2277 State Highway 33, Suite 408, Hamilton, NJ representing Bryan Lawyer, 4 Hanson Dr., Columbus, NJ on a claim against the City of Trenton. 1u Commitment & Integrity Drive Results, 50 Millstone Rd., Building 300, Suite 100, East Windsor, NJ – Submitting a Receptor Evaluation Form on behalf of Frank Millner Co., Building Supplies for a property located at 102 N. Olden Avenue, Trenton, NJ 1v Township of Lawrence submitting a copy of Ordinance No. 2117-12 adopted on March 6, 2012. 2. REPORTS 2a Department of Administration, Division of Purchasing submitted a Bid Report for February 29, 2012 – To provided HVAC Equipment and Appetencies preventive maintenance for the City of Trenton various departments. 2b Report of revenue collected by the City Clerk’s Office for the month of February 2012, and turned over to the City Treasurer. 2c Department of Administration, Division of Purchasing submitted a Bid Report for March 7, 2012 – To furnishing and delivered Office Supplies on an as needed basis to the City of Trenton various departments from July 1, 2012 to June 30, 2013. 3. MINUTES FOR APPROVAL 4. RESOLUTIONS FOR ADOPTION 12-132 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ASHBROOK SIMON-HARTLEY OPERATION, LP, 11600 EAST HARDY, HOUSTON, TEXAS 77093 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR INSPECTION, PREVENTIVE MAINTENANCE AND REPAIR CONTRACT FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY. (Not to exceed $75,700.00) 12-133 RESOLUTION REJECTING ONE PROPOSAL RECEIVED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO PROVIDE LANDSCAPING, WEED REMOVAL/STONE REPLACEMENT, AT 1719 WILLIAM TRENT HOUSE MUSEUM, FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE, DIVISION OF CULTURE. 12-134 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER 1 TO THE CONTRACT WITH THE FIRM OF PKF MARK III, INC. FOR THE CENTRAL PUMPING STATION IMPROVEMENTS PROJECT (Not to exceed $108,350.00) 12-135 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION FOR FUNDS FROM THE 2012 SAFE ROUTES TO SCHOOL PROGRAM 12-136 RESOLUTION ADOPTING A CASH MANAGEMENT PLAN FOR THE DEPOSIT AND INVESTMENT OF PUBLIC FUNDS OF THE CITY OF TRENTON 12-137 RESOLUTION APPROVING PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE w/BROAD PACKAGE PRIVILEGE #1111-32-050-006 (From JDNS, Inc., to Liquor Hut, LLC, Pocket Status only) 12-138 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO LUZON, INC., 222 THIES ROAD, SEWELL, NEW JERSEY 080080 FOR ENVIRONMENTAL REMEDIATION SERVICES AT THE FORMER SERVICE STATION, 678 NORTH CLINTON AVENUE, TRENTON, NEW JERSEY FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT (Not to exceed $98,785.00) 12-139 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 CIVIL SOLUTIONS A DIVISION OF ARH, 850 S. WHITE HORSE PIKE, P.O. BOX 579, HAMMONTON, NEW JERSEY 08037-2019 TO PROVIDE CAD/GIS SYSTEM UPDATE AND MAINTENANCE SERVICES FOR THE DEPARTMENT OF POLICE (Not to exceed $10,200.00) 12-140 RESOLUTION AMENDING RESOLUTION 10-787 WHICH AWARDED A CONTRACT TO AYANA ABDUL-RAHEEM, 712 STUYVESANT AVENUE, TRENTON, NEW JERSEY 08618, AS A STATION HOUSE ADJUSTMENT COORDINATOR FOR THE DEPARTMENT OF POLICE (Not to exceed $13,070.00) 12-141 RESOLUTION AUTHORIZING THE PURCHASE OF SPECIAL EQUIPMENT FOR THE CONFIDENTIAL AND UNDERCOVER INVESTIGATIONS FOR THE DEPARTMENT OF POLICE WITHOUT THE NEED OF COMPETITIVE BIDDING PURSUANT TO N.J.S.A. 40A:11-5(1)(g). (Not to exceed $147,937.00) 12-142 RESOLUTION AUTHORIZING SETTLEMENT OF WORKERS COMPENSATION CLAIM IN THE MATTER OF STEPHEN ROSATI v. THE CITY OF TRENTON, CLAIM PETITION NO 2009-2966 IN THE TOTAL AMOUNT OF $69,200.00 PLUS ATTORNEY FEES AND COSTS 12-143 RESOLUTION AUTHORIZING SETTLEMENT OF WORKERS COMPENSATION CLAIM IN THE MATTER OF GEORGIA COLON v. THE CITY OF TRENTON, CLAIM PETITION NO 2009-33002 IN THE TOTAL AMOUNT OF $45,808.00 PLUS ATTORNEY FEES AND COSTS 12-144 RESOLUTION AUTHORIZING SETTLEMENT OF WORKERS COMPENSATION CLAIM IN THE MATTER OF PABLO RIVERA v. THE CITY OF TRENTON, CLAIM PETITION NO 2011-16090 IN THE TOTAL AMOUNT OF $11,631.38 PLUS ATTORNEY FEES AND COSTS 12-145 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF VELARIE LEONARD-SALAAM v. THE CITY OF TRENTON, CLAIM PETITION NO 2010-30328 IN THE TOTAL AMOUNT OF $6,000.00 INCLUSIVE OF ALL COUNSEL FEES AND COSTS, EXCEPT FOR COURT REPORTING FEES 12-146 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF MARIA HERNANDEZ-TORRES v. THE CITY OF TRENTON, CLAIM PETITION NO 2006-33645 IN THE TOTAL AMOUNT OF $2,760.00 PLUS ATTORNEY FEES AND COSTS 12-147 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF MICHAEL TRADIGO v. THE CITY OF TRENTON, CLAIM PETITION NO 2011-18278 IN THE TOTAL AMOUNT OF $15,666.75 PLUS ATTORNEY FEES AND COSTS 12-148 PULLED  12-149 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF DWAYNE THOMAS v. THE CITY OF TRENTON, CLAIM PETITION NO 2009-11452 IN THE TOTAL AMOUNT OF $22,905.00 PLUS ATTORNEY FEES AND COSTS 12-150 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JOSE COTTO v. THE CITY OF TRENTON, CLAIM PETITION NO 2011-18503 IN THE TOTAL AMOUNT OF $2,500.00 INCLUSIVE OF COUNSEL FEES 12-154 RESOLUTION AUTHORIZING SETTLEMENT OF AN ADMINISTRATIVE LAW FILING IN THE MATTER OF TERRY O. BOOKER V. CITY OF TRENTON, ET AL IN THE AMOUNT OF $75,000.00 5. ORDINANCES Introduction and First Reading 12-09 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) (812 Carteret Avenue) 12-10 ORDINANCE APPROVING AN APPLICATION FROM BLOCK-3 URBAN RENEWAL LLC AND GRANTING A LONG-TERM TAX EXEMPTION PURSUANT TO N.J.S.A. 40A:20-1 ET SEQ. 12-11 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND LINDA HOLLINGSHEAD FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (211 Brunswick Avenue) 12-12 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND JANNETTE CRISLER FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (104 Taylor Street) 12-13 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND JAMES DAVIS FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (151-153 Walnut Avenue) 12-14 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND BETTYE CAMPFIELD FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (718 Greenwood Avenue) 12-15 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND BAYE KEMIT FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (143 Taylor Street) 12-16 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND NATE MCCRAY FOR THE USE OF CITY-OWNED PROPERTY FOR GARDENING (457 Stuyvesant Avenue) Public Hearing and Second Reading 12-08 AN ORDINANCE TO FIX THE COMPENSATION FOR THE OFFICE OF MAYOR, PROVIDING FOR THE PUBLICATION OF COMPENSATION ORDINANCES FOR CERTAIN OFFICERS AND REPEALING ORDINANCES INCONSISTENT HEREWITH.