City Council

MEMBERS CITY COUNCIL ALEX BETHEA OFFICE: (609) 989-3147 MARGE CALDWELL-WILSON FAX: (609) 989-3190 ZACHARY CHESTER PHYLLIS HOLLY-WARD CITY CLERK KATHY MCBRIDE OFFICE: (609) 989-3187 GEORGE MUSCHAL FAX: (609) 989-3190 VERLINA REYNOLDS-JACKSON CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY THURSDAY, FEBRUARY 7, 2013 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 Newspaper, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on February 6, 2013. I. CALL TO ORDER II. ROLL CALL III INVOCATION IV FLAG SALUTE V PRESENTATION: Council Honors “Excellence in Education” VI PUBLIC COMMENT (Comments should be limited to 3 minutes) VII CIVIC COMMENTS VIII DOCKET APPROVAL VIII ADJOURN ACTION MAY BE TAKEN AT THIS MEETING Phyllis Holly Ward, Council President Leona Baylor, City Clerk  DOCKET THURSDAY, FEBRUARY 7, 2013 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Szaferman Lakind, 101 Grovers Mill Road, Suite 200, Lawrenceville, NJ filed a claim against the City of Trenton on behalf of the Estate of Satchel Morris, Elaine Jones, 48 ½ Wall Street, Trenton, NJ for personal injury and property damage. 1b Civil Action Summons – Pellegrino & Feldstein, LLC, 290 Route 46 West, Denville, NJ – Representing US Bank Custodian for LLF1-NJ v The Conaway Family Investment Group, LLC, City of Trenton, et als 1c Civil Action Summons – Christiana Itiowe v. Robert Wood Johnson University Hospital Hamilton et al 1d Civil Action Summons – William A. Slover, Esq., 2 Route 31 North, Pennington, NJ 08534 – Representing Nathan Kleeman, et al v. The City of Trenton 1e Civil Action Summons – Avolio & Haplon, P.C., 3150 Brunswick Pike, Suite 120, Lawrenceville, NJ – Representing Max Bruno, Jonathan O’Donnell, Brian Pagano and Richard Wood v. City of Trenton, Trenton Police Department, Tir Na Nog, Inc., et al 1f Civil Action – Kroll Heineman Carton, LLC, Metro Corporate Campus I, 99 Wood Avenue South, Suite 307, Iselin, NJ – Representing Policemen’s Benevolent Association Local No.11 v City of Trenton 1g Civil Action – Roxanne Passarella, Attorney at Law, FantaSea Resorts, 60 N. Maine Avenue, Atlantic City, NJ – Representing Atlantic Palace Development, LLC, v Frank Rivera & Stephanie J. Rivera; State of NJ, Denjon Associates; County of Camden: Sears Reobuck & Co.; City of Trenton; County of Hudson; City of Jersey City 1h State of New Jersey – Submitted a copy of a letter dated January 14, 2013 to Mr. Glenn Bodnar, PE regarding an application filed by Hutchinson Industries, Inc. for Flood Hazard Area Authorization at Lot 6 of Block 22901, City of Trenton. 1i Township of Lawrence – Submitted a copy of Ordinance No. 2143-13 “ORDINANCE AMENDING THE LAND USE ORDINANCE OF THE TOWNSHIP OF LAWRENCE TO REVISE ARTICLE XII, ADMINISTRATION, ENFORCEMENT, VIOLATIONS AND PENALTIES” adopted on January 8, 2013 1j Township of Hopewell – Submitted a copy of Resolution 13-12 “A RESOLUTION FOR ADOPTION BY HOPEWELL TOWNSHIP ENVIRONMENTAL COMMISSION AND HOPEWELL TOWNSHIP COMMITTEE” adopted on January 14, 2013 1k Mercer County Clerk’s Office – Submitted a form notifying the City of Trenton that on December 20, 2012 a Map was filed in there office for Major Subdivision Plan, Block 1401, Lot 1 and Block 1501, Lot 1, Miller Homes Residential Redevelopment, City of Trenton 1l PSE&G – Submitted a letter requesting a listing of street segments that are to be reconstructed and/or paved on existing 2012 or previous contracts – a listing of outstanding street segment that are schedule to major sewer, water or drainage projects any proposed or outstanding bridge and culvert reconstruction projects where gas facilities may be affected and proposed plans for reconstruction and/or resurfacing of street segments for 2013 1m Gilbert J. Marshall, Licensed Site Remediation Professional – Submitted a copy of a Response Action Outcome letter for unrestricted use at 292 3rd Street. 1n Tort Claim – Joseph D. Kaplan & Son, P.C., 70 N. Montgomery Street, Trenton, NJ – Representing Denise Emanuel, 45 Prospect Street, Trenton, New Jersey on a claim against the City for personal injury. 1o Farmers Insurance Group, P.O. Box 268994, Oklahoma City, OK – Submitting a letter to the City with regards to a claim for Lakeith McCallum.  1p State of New Jersey, Department of Environmental Protection – Submitting a No Further Action letter with regards to the 1000 gallon oil tank at 261 Mercer Street. 1q Tort Claim – Console Hollawell, 525 Rt. 73 North, Suite 117, Marlton, NJ – Representing Mr. Louis Palumbo, Jr., 775 Rifle Camp Road, Woodland Park, NJ in a claim against the City of Trenton for personal injury. 1r Civil Action Summons – Pellettieri, Rabstein and Altman, 100 Nassau Park Blvd., Suite 111, CN 5301, Princeton, NJ – Representing Eva Hodges vs. PPW Contracting, Inc. et als. 1s Civil Action Summons – Hartsough Kenny Chase & Sullivan, 3812 Quakerbridge Road, Hamilton, NJ – Representing Roseanne Giles vs. City of Trenton, John Doe 1-5, John Doe Corp. 1-5 2. REPORTS 2a City Clerk’s Office – Submitting an application for a 50/50 raffle filed by Catholic War Veterans, Holy Cross Post No. 417, 301 Grand Street, Trenton, NJ for Council’s approval. 2b City Clerk’s Office – Submitting a monthly money report of revenue collected by the City Clerk’s Office and deposited in the Finance Department for the month of January, 2013. 3. MINUTES FOR APPROVAL 2013 Regular Session Minutes, January 15, 2013 Regular Session Minutes, January 17, 2013 Executive Session Minutes, January 15, 2013 4. RESOLUTIONS FOR ADOPTION 13-16 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 SH’QUANNAH LOPEZ, 2 PHEASANT COURT, COLUMBUS, NEW JERSEY 08022 FOR THE POSITION OF A PART-TIME DATE ENTRY CLERK FOR THE DEPARTMENT OF HEALTH & HUMAN SERVICES, DIVISION OF COMMUNITY RELATIONS AND SOCIAL SERVICES (Not to exceed $15,000.00) 13-56 RESOLUTION APPOINTING COUNCIL TO VARIOUS BOARDS AND COMMISSIONS 13-57 AUTHORIZING REFUND OF 2013 BUSINESS LICENSE OVERPAYMENT 13-58 RESOLUTION ESTABLISHING A MUNICIPAL INVESTIGATION COMMITTEE OF THE CITY COUNCIL TO CONDUCT AN INVESTIGATION INTO THE ACTIONS OF ANTHONY C. ROBERTS, AIDE TO THE MAYOR, IN RELATION TO THE PROCUREMENT OF THE PRESIDENT OBAMA BUST 13-59 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WINZINGER INC. P.O. BOX 537, 1704 MARINE HIGHWAY, HAINESPORT, NEW JERSEY 08036, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 1292 EAST STATE STREET AND ONE SIDE WALL REPAIR TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION DUE TO HURRICANE DAMAGE (Amount $ 43,700.00) 13-60 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 45 PASSAIC STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION DUE TO HURRICANE DAMAGE (Amount $24,124.00) 13-61 RESOLUTION AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44 A-20.4 EST SEQ TO MCMANIMON, SCOTLAND & BAUMANN, LLC, 75 LIVINGSTON AVENUE, 2ND FLOOR, ROSELAND, NEW JERSEY  07068 TO PROVIDE BOND COUNSEL SERVICES FOR THE CITY OF TRENTON, DEPARTMENT OF FINANCE RFP # 131 13-62 RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF NOT TO EXCEED $38,200,000 GENERAL OBLIGATION REFUNDING BONDS (QUALIFIED PURSUANT TO THE PROVISIONS OF THE MUNICIPAL QUALIFIED BOND ACT, CONSTITUTING P.L. 1976 c.38, AS AMENDED), CONSISTING OF NOT TO EXCEED $23,100,000 GENERAL IMPROVEMENT REFUNDING BONDS, NOT TO EXCEED $9,385,000 WATER UTILITY BONDS, NOT TO EXCEED $1,465,000 SEWER UTILITY REFUNDING BONDS AND NOT TO EXCEED $4,250,000 SCHOOL BONDS (ENTITLED TO THE BENEFITS OF THE NEW JERSEY SCHOOL BOND RESERVE ACT, N.J.S.A. 18A:56-17 ET. SEQ. P.L. 1980, c. 72, APPROVED JULY 16, 1980, AS AMENDED BY P.L. 2003, c. 118, APPROVED JULY 1, 2003) OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY OR SUCH OTHER AMOUNT AS DETERMINED BY THE CHIEF FINANCIAL OFFICER TO ACCOMPLISH THE REFUNDING ON THE TERMS REQUIRED BY THE LOCAL FINANCE BOARD PURSUANT TO NJAC 5:30-2.5 CONSISTENT WITH THE REFUNDING PROVISIONS OF THE INTERNAL REVENUE CODE AND PROVIDING FOR THE SALE AND THE DELIVERY OF SUCH BONDS TO RBC CAPITAL MARKETS CORPORATION AND POWELL CAPITAL MARKETS 13-63 RESOLUTION AUTHORIZING THE RENEWAL OF A CONTRACT WHICH WAS AWARDED THROUGH A NON-FAIR AND OPEN PROCESS TO BORDEN PERLMAN INSURANCE AGENCY, 2000 LENOX DRIVE, LAWRENCEVILLE, NEW JERSEY 08648 (CARRIER: CHUBB INSURANCE COMPANY) TO PROVIDE PROPERTY INSURANCE, AUTO LOT COVERAGE, FINE ARTS COVERAGE AND FIDELITY BONDS COVERAGE FOR THE CITY OF TRENTON, TOTAL AMOUNT $197,908.14 CONTRACT TERM: JANUARY 1, 2013 THROUGH DECEMBER 31, 2013 13-64 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 INNOVATIVE PAYROLL SERVICES (IPS) TO PROVIDE PAYROLL AND HUMAN RESOURCE INFORMATION SYSTEMS FOR THE CITY OF TRENTON (Not to exceed $108,840.00) 13-65 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO EXPRESS SCRIPTS HOLDING COMPANY D.B.A. MEDCO HEALTH SOLUTIONS, INC., THROUGH A NON- FAIR AND OPEN PROCESS, TO PROVIDE PRESCRIPTION DRUG COVERAGE TO THE EMPLOYEES OF THE CITY OF TRENTON (Not to exceed $9,080,309.00) 13-66 RESOLUTION AMENDING RESOLUTION 12-24 THAT EXTENDED THE CONTRACT WITH THE CORPORATE HEALTH CENTER AT CAPITAL HEALTH SYSTEM, 832 BRUNSWICK AVENUE, TRENTON, NJ 08638 TO PROVIDE OCCUPATIONAL HEALTH CARE SERVICES FOR THE EMPLOYEES OF THE CITY OF TRENTON AND TRENTON PUBLIC LIBRARY (Not to exceed $47,832,00) 13-67 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF DOMENICO AMOROSO v. THE CITY OF TRENTON, CLAIM PETITION NO. 2010-3375 IN THE TOTAL AMOUNT OF $2,500.00 FOR COUNSEL FEE 13-68 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF ROBERT TOTH v. THE CITY OF TRENTON, CLAIM PETITION NO. 2011-8317 IN THE TOTAL AMOUNT OF $2,500.00 FOR COUNSEL FEE 13-69 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF YOLANDA WARD v. THE CITY OF TRENTON, CLAIM  PETITION NO. 2011-13469 IN THE TOTAL AMOUNT OF $5,090.00 WHICH INCLUDES COURT REPORTER FEE AND COUNSEL FEES AND COSTS 13-70 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ROMAN SECURITY AGENCY, 14 OGDEN STREET, NEWARK, NEW JERSEY 07104 FOR THE PROVISION OF SECURITY GUARD SERVICES AT THE TRENTON WATER WORKS DISTRIBUTION COMPLEX, 333 COURTLAND STREET, TRENTON, NEW JERSEY FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER UTILITY BEGINNING THE DATE OF AWARD FOR A PERIOD OF ONE YEAR IN AMOUNT NOT TO EXCEED $100,988.16 13-71 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH MUNICIPAL MAINTENANCE COMPANY, 1352 TAYLORS LANE, CINNAMINSON, NEW JERSEY 08077, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY REPAIR OF THE CENTRAL NUMBER 4 (FOUR) HIGH SERVICE PUMP FOR THE TRENTON WATER WORKS, WATER FILTRATION PLANT (Not to exceed $44,480.00) 13-72 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH MUNICIPAL MAINTENANCE COMPANY, 1352 TAYLORS LANE, CINNAMINSON, NEW JERSEY 08077, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY REPAIR OF THE SAND SEPARATORS FOR THE TRENTON WATER WORKS, WATER FILTRATION PLANT (Not to exceed $47,212.00) 13-73 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH GRES PAVING CO., 2475 EAST STATE STREET, TRENTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY ROADWAY RESTORATION SERVICES (Not to exceed $35,370.00) 13-74 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH GRES PAVING CO., 2475 EAST STATE STREET, TRENTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY ROADWAY RESTORATION SERVICES (Not to exceed $17,555.00) 13-75 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 08691 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A 20 INCH WATER MAIN BREAK AT GREENWOOD AVENUE AND MONMOUTH STREET, TRENTON, NJ 08618 (Not to exceed $31,175.74) 13-76 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO BUCKMAN’S INCORPORATED, 105 AIRPORT ROAD, POTTSTOWN, PA 19464 FOR THE SUPPLY AND DELIVERY OF 15% WEIGHT SODIUM HYPCHLORITE SOLUTION FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF SEWER UTILITY FOR A PERIOD BEGINNING FEBRUARY 1, 2013 – JANUARY 31, 2014 IN THE AMOUNT NOT TO EXCEED $70,500.00 – BID NO. 55B 13-77 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO POLYDYNE INCORPORATED, ONE CHEMICAL PLANT ROAD, RICEBORO, GEORGIA 31323 FOR THE FURNISHING AND DELIVERY HIGH MOLECULAR WEIGHT SYNTHETIC WATER SOLUBLE POLYMER FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER UTILITY FOR A PERIOD OF ONE YEAR FROM DATE OF CONTRACT AWARD BEGINNING JANUARY 3, 2013 THROUGH DECEMBER 31, 2013 IN THE AMOUNT NOT TO EXCEED $17,930.00 13-78 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO CINTRON MAINTENANCE GROUP, P.O. BOX 183, RARITAN, NEW JERSEY 08869 TO PROVIDE FY 2012 CLEANING SERVICES AT THE TRENTON WATER WORKS DISTRIBUTION  COMPLEX, 333 COURTLAND STREET, TRENTON, NEW JERSEY FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER UTILITY FOR A PERIOD BEGINNING FEBRUARY 1, 2013 – JUNE 30, 2013 IN THE AMOUNT NOT TO EXCEED $10,056.00 – BID NO. 112 13-79 RESOLUTION REJECTING BIDS RECEIVED FOR THE FURNISHING AND DELIVERY OF BRINGHAM AND TAYLOR VALVE BOX LIDS, CAST IRON ROADWAY VALVE BOXES BOTTOM SECTION 36” LENGTH AND 26” VALVE BOX TOP SECTION DOUBLE FLANGED, 16” VALVE BOX TOP SECTION DOUBLED FLANGED FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRENTON SEWER UTILITY 13-80 RESOLUTION REJECTING BIDS RECEIVED FOR THE FURNISHING AND DELIVERY F.O.B. THE INSTALLATION FOR INCLINE GRIT SCREW CONVEYOR FOR THE DEPARTMENT OF PUBLIC WORKS, TRENTON SEWER UTILITY 13-81 RESOLUTION REJECTING BIDS RECEIVED PURSUANT TO N.J.S.A. 40A:11-4.4d ET. SEQ. FOR ANALYSIS OF SOLID WASTE AND WASTE WATER FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF SEWER UTILITY BID NO. 57-B 13-82 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF THOMAS MILLER, ET AL. V. TRENTON DOWNTOWN ASSOCIATION, ET AL. IN THE TOTAL AMOUNT OF $20,000.00 13-83 RESOLUTION AUTHORIZING SETTLEMENT OF THE CIVIL MATTER DONAHUE, ET AL. v. CITY OF TRENTON, ET AL. IN THE TOTAL AMOUNT OF $375,000.00 5. ORDINANCES: Second Reading 13-5 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 Public Hearing and Second Reading 13-6 ORDINANCE DESIGNATING THOMAS EDISON STATE COLLEGE AS EXCLUSIVE DEVELOPER OF THE CITY-OWNED PROPERTY LOCATED AT 301 WEST STATE STREET CENTRAL WEST REDEVELOPMENT AREA AND AUTHORIZING THE SALE OF SAID PROPERTY AND THE EXECUTION OF A DISPOSITION AGREEMENT Introduction and First Reading 13-7 ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2, ARTICLE XVI, § 2-96 OF THE CODE OF THE CITY OF TRENTON, TO ESTABLISH A LONGEVITY PAY PLAN FOR THE NON-CONTRACTUAL EMPLOYEES OF THE CITY OF TRENTON