City Council

CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, MAY 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, May 11, 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 DOCKET REVIEW AND ADOPTION VII ADJOURN  DOCKET TUESDAY, MAY 15, 2012 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Law Offices of Paul Rubin, LLC, 2376 Route 33, Robbinsville, NJ, submitting a claim against the City on behalf of Robert T. Wolski for property damages. 1b Tort Claim – McLaughlin & Cooper 949 West State Street, Trenton NJ, submitting a claim against the City of behalf of Phyllis Ali, 20 Seward Avenue, Trenton, NJ for personal injuries. 1c Civil Action – US Bank, Custodian for LienLogic Fund I, LLC. v. Norman MacNeill a/k/a Norman McNeil Mrs. Norman Mac Neil, MACWCP II, LLC, Citifianancial Services, Inc, city of Trenton Division of Construction. 1d Civil Action– American Tax Funding, LLC vs. Jesse Lee and Christine Lee, his wife; Anissa M. Baker; State of New Jersey; Middlesex County Board of Social Services; Jennifer Figueroa; City of Trenton; Lynda M. Saldiveri; Fleet National Bank et.al; 1e Civil Action - CCTS TAX LIENS I, LLC vs. Garden State Properties, City of Trenton, State of New Jersey and Jersey Elevators Company inc. 1f Civil Action – Powers Kirn, LLC, 728 Marne Hwy, Suite 200, Moorestown, NJ, representing U.S. Bank National Association vs. Barbara Ann Lewis, et al. 1g Woodard & Curran – Submitting a Notice to notify the City that environmental investigation and cleanup activities at 430-440 & 526 New York Avenue are currently ongoing 1h State of New Jersey Department of Environmental Protection – Submitting a Conditional No Further Action Letter for Regional Sludge Management Facility, 1600 Lamberton Rd, Trenton, NJ 1i CSG Environmental Consultants - Submitting a Response Action Outcome for 1002 Reverend Howard Woodson Jr. Way 1j RCC Environmental Professionals - Classification Exception Area Application Notification for the Regional Sludge Management Facility 1k Civil Action – John Allen, # 236390 vs. Leona Baylor, Municipal Clerk, City of Trenton, Arthur Sypek, Jr. Mercer County Counsel, Mercer County, Mercer County Board of Freeholders 1l County of Mercer Office of the Counsel –submitting a copy of the Appellate Division Judge Pereksta decision which states that Mr. Allen’s petition for Certiorari to the Supreme Court has been denied. 1m Mercer County Mosquito Control – submitting packet containing important mosquito control information 2. REPORTS 2a Department of Administration, Division of Purchasing submitted a Bid Report for May 2, 2012. 2b Raffle Application was submitted by Holy Cross Post No. 417 Catholic War Veterans, 301 Grand Street, Trenton, NJ for 50/50 raffle for eight months. 2c Monthly revenue report for the money collected by the City Clerk’s Office and submitted to the City Treasure for the month of April 2012. 3. MINUTES FOR APPROVAL Special Session, City Council, December 28, 2010 Regular Session, City Council, January 19, 2012 Special Session, City Council, February 23, 2012 Workshop Session, Mayor and Council, May 1, 2012 Regular Session, City Council, May 1, 2012 Regular Session, City Council May 3, 2012 4. RESOLUTIONS FOR REVIEW 12-220 RESOLUTION ESTABLISHING AN INVESTIGATION COMMITTEE FOR THE CITY COUNCIL 12-221 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 FOR DISTRIBUTION SYSTEM FIVE YEAR CLEANING AND CEMENT MORTAR LINING AND WATER MAIN REPLACEMENT AND INSTALLATION PROGRAM FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY. (Not to exceed $502,400.00) 12-222 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 CH2M HILL, 119 CHERRY HILL ROAD, SUITE 300, PARSIPPANY, NJ 07054 TO PROVIDE ENGINEERING SERVICES FOR THE DEVELOPMENT AND PREPARATION OF THE 2012 CONSUMER CONFIDENCE REPORT FOR THE WATER UTILITY, FOR THE DEPARTMENT OF PUBLIC WORKS,, WATER UTILITY. (Not to exceed $21,430.00) 12-223 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH WATERS AND BUGBEE, 75 SOUTH GOLD DRIVE, HAMILTON, NJ 08691 FOR CONSTRUCTION OF THE NEW GREGG GRANT PARK FOR THE DEPARTMENT OF PUBLIC WORKS (Not to exceed $36,651.19) 12-224 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH NICKOLAUS CONSTRUCTION COMPANY, PO BOX 2322, VINCENTOWN, NJ 08088 FOR THE REHABILITATION OF THE CADWALADER PARK TENNIS COURTS – PHASE 1 FOR THE DEPARTMENT OF PUBLIC WORKS (Not to exceed $13,229.00) 12-225 RESOLUTION ACCEPTING CERTIFICATION BY BOARD OF SCHOOL ESTIMATE OF 2012-2013 SCHOOL DISTRICT BUDGET AND APPROPRIATING $21,115,662 FOR SCHOOL PURPOSES 12-226 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5-113 PB&J REAL ESTATE HOLDINGS (207 Rosemont Avenue) 12-227 RESOLUTION EXTENDING THE CONTRACT WITH IPS/PAYALL SOLUTIONS, LLC, 7250 WESTFIELD AVE. SUITE M, PENNSAUKEN, NEW JERSEY 08110 TO PROVIDE PAYROLL AND HUMAN RESOURCES INFORMATION SYSTEMS FOR THE CITY OF TRENTON (Not to exceed $75,000.00) 12-228 RESOLUTION AMENDING THE CONTRACT WITH BLACKBOARD CONNECT INC, 15301 VENTURA BLVD, BUILDING B, SUITE 300, SHERMAN OAKS, CA 91403 TO PROVIDE THE SECOND YEAR OF ANNUAL SUPPORT SERVICES FOR THE MASS EMERGENCY NOTIFICATION SYSTEM FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY. (Not to exceed $54,437.13) 12-229 RESOLUTION AUTHORIZING PAYMENT TO RIKER, DANZIG, SCHERE, HYLAND & PERRETTI, ONE SPEEDWELL AVENUE, MORRISTOWN, NEW JERSEY 079962-1981 FOR LEGAL SERVICES RENDERED TO THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT (Not to exceed $142,229.74) 12-230 RESOLUTION ACCEPTING FUNDS FROM VEOLIA ENERGY, WITHOUT PREJUDICE, FOR MODIFICATIONS TO CERTAIN ASPECTS OF THE WARREN/MARKET STREETS GATEWAY PROJECT 12-231 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION LLC, 4 YOUNGS ROAD, HAMILTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 113 DYE STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (Not to exceed $23,710.00) 12-232 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION LLC, 4 YOUNGS ROAD, HAMILTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE PARTIAL DEMOLITION OF 42-50 PEARL STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION AND AS PER FIRE AND POLICE DEPARTMENT TO ASSIST IN AN INVESTIGATION AND (Not to exceed $7,620.00) 12-233 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION LLC, 4 YOUNGS ROAD, HAMILTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN  EMERGENCY BASIS FOR THE DEMOLITION OF 189 MONMOUTH STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (Not to exceed $22,290.00) 12-234 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH YANNUZZI & SONS INC., 152 RTE, 206 SOUTH, UNITE #14, HILLSBOROUGH, NEW JERSEY 08844 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 7 & 9 FOWLER STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (Not to exceed $24,550.00) 12-235 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JOSEPH GACHETTI v. THE CITY OF TRENTON, CLAIM PETITION NO 2007- 1838 IN THE TOTAL AMOUNT OF $9,600.00 FOR COUNSEL FEES ONLY 12-236 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF MICHAEL OAKLEY v. THE CITY OF TRENTON, CLAIM PETITION NO 2011- 28625 IN THE TOTAL AMOUNT OF $2,954.00 PLUS ATTORNEY FEES AND COSTS 12-237 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF YEM DELGADO v. THE CITY OF TRENTON, CLAIM PETITION NO 2010- 22132 IN THE TOTAL AMOUNT OF $2,500.00 FOR COUNSEL FEES ONLY 12-238 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF BENJAMIN WARD v. THE CITY OF TRENTON, CLAIM PETITION NO 2010- 30061 IN THE TOTAL AMOUNT OF $11,448.38 PLUS ATTORNEY FEES AND COSTS 12-239 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF KENNETH LUGO v. THE CITY OF TRENTON, CLAIM PETITION NO 2011- 6397 IN THE TOTAL AMOUNT OF $5,000.00 12-240 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF SHONDA HAYES v. THE CITY OF TRENTON, CLAIM PETITION NO 2007- 1255 IN THE TOTAL AMOUNT OF $2,500.00 FOR ATTORNEY FEES ONLY 12-241 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF GILBERT LAWRENCE v. THE CITY OF TRENTON, CLAIM PETITION NO 2007-14202 IN THE TOTAL AMOUNT OF $180,532.80 PLUS ATTORNEY FEES AND COSTS 12-242 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO DAVID WEBER OIL COMPANY, 601 INDUSTRIAL ROAD, CARLSTADT, NEW JERSEY 07072 FOR THE FURNISHING AND DELIVERY ON AN AS NEEDED BASIS VEHICLE OIL AND GREASE FOR THE VARIOUS DIVISIONS OF THE CITY OF TRENTON FOR A TWO YEARS PERIOD FROM JULY 1, 2012 TO JUNE 30, 2014. (Not to exceed $79,265.45) 12-243 RESOLUTION AUTHORIZING THE FURNISHING AND DELIVERY ON AN AS NEEDED BASIS UNLEADED 87 OCTANE GASOLINE FOR THE VARIOUS DEPARTMENTS OF THE CITY OF TRENTON FROM RIGGINS, INC., P.O. BOX 150 MILLVILLE, NEW JERSEY 08332 THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING. (Not to exceed $1,331,500.00) 12-244 RESOLUTION AUTHORIZING SETTLEMENT OF CIVIL SUIT IN THE MATTER OF TED CLEMONS, GRACIE CLEMONS aka MAXIE CLEMONS, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, HENRY CLEMONS, JOSEPH CLEMONS, SHIANNE CLEMONS, ISAAC CLEMONS AND ANGEL CLEMONS IN THE TOTAL AMOUNT OF $8,000.00 5. ORDINANCES: Public Hearing and Second Reading 12-17 ORDINANCE ESTABLISHING ADMINISTRATIVE PROCEDURES RELATING TO THE LEASING OR GRANTING RIGHTS OF USE AND OCCUPANCY PRIVILEGES IN CITY OWNED LANDS AND BUILDINGS TO INDIVIDUALS AND ORGANIZATIONS SERVING PUBLIC GOOD AND PROTECTING EXISTING OCCUPANTS AGAINST CERTAIN TERMINATION NOTICES PENDING OPPORTUNITY FOR REVIEW AND HEARING 12-18 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND EVA CORDERO & CARLOS ORTIZ FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (335-341 Academy Street)  12-19 ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND LORPUE SUAH FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING (50 Hayes Avenue) 12-20 BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER UTILITY OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $5,843,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,843,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. 12-21 BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE SEWER UTILITY OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $370,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $370,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. Introduction and First Reading - NONE .