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, MAY 9, 2013 AT 5:30 P.M. AGENDA – Amended 5-8-2011 at 4:00 pm 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 May 8, 2013. I. CALL TO ORDER II. ROLL CALL III INVOCATION IV FLAG SALUTE V PUBLIC COMMENT (Comments should be limited to 3 minutes) VI PRESENTATION: COPS Grant - Alexis Durlacher, Police Department VII CIVIC COMMENTS VIII DOCKET ADOPTION X ADJOURN ACTION MAY BE TAKEN AT THIS MEETING Phyllis Holly Ward, Council President Leona Baylor, City Clerk  DOCKET THURSDAY, MAY 9, 2013 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Joseph D. Kaplan & Son, P.C., 70 N. Montgomery Street, Trenton, NJ – Representing Dawn Coley, 116 Reading Avenue, Trenton, New Jersey on a claim against the City of Trenton for personal injury. 1b Tort Claim – Stark & Stark, 993 Lenox Drive, Lawrenceville, New Jersey – Representing Nutan Singh, 151 Lambertville – Hopewell Road, Hopewell, NJ on a claim against the City of Trenton for personal injury. 1c Tort Claim - Nutan Singh, 151 Lambertville – Hopewell Road, Hopewell, NJ on a claim against the City of Trenton for personal injury. 1d Tort Claim – Charlene Thomas and Leon Thomas, 409 Genesee Street, Trenton, NJ filed a claim against the City for back rent. 1e Tort Claim - Kimberly Lynn Delgado, 29 Olympia Avenue, Hamilton, NJ filed a claim against the City of Trenton for other damages (vehicle) 1f Civil Action Summons – Stern Lavinthal & Frankenberg, LLC, 105 Eisenhower Parkway, Suite 302, Roseland, NJ – Representing Oceanfirst Bank vs. A. Eric Jones; Dori C. Jones, his wife; State of New Jersey; City of Trenton; Leasecomm Corp. Bridgeton Onized Federal C U; American Trading Company; et als. 1g Civil Action Request and Certification of Default – Fein, Such, Kahn & Shepard, P.C., 7 Century Drive, Suite 201, Parsippany, NJ – Representing BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP vs. Jose Gonzalez, et als. 1h Civil Action Summons – Fein, Such, Kahn & Shepard, P.C., 7 Century Drive, Suite 201, Parsippany, NJ – Representing JP Morgan Chase Bank, N.A. vs. Michael Miller, et als. 1i Civil Action Summons –Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Road, suite 200, Cherry Hill, NJ – Representing the Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JP Morgan Chase Bank, N.J., as Trustee for the benefit of the Certificate holders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-A 1j Civil Action Summons –Katz & Dougherty, LLC, 4020 Quakerbridge Road, Mercerville, NJ – Representing Marshall Industrial Technologies, Inc. vs. The City of Trenton, a municipal corporation of the State of New Jersey and the Trenton Free Public Library, an agency of the City of Trenton 1k Civil Action Summons - Stark & Stark, 40 Lake Center Executive Park, 401 Route, 73 North, Suite 130, Marlton, New Jersey – Representing Doug Shearer vs. State of New Jersey, et al. 1l Civil Action – Honig & Greenberg, L.L.C., 1949 Berlin Road, Suite 200, Cherry Hill, NJ – Representing CCTS Tax Liens I, L.L.C. vs. Clarence Wiggins, his heirs, devisees and personal representatives, and his, their or any of their successors in right, title and interest, et als. 1m Civil Action Summons – Avolio & Hanlon, P.C., Crossroads Corporate Center, 3150 Brunswick Pike, Suite 120, Lawrenceville, NJ – Representing Max Bruno, Jonathan O’Donnell, Brian Pagano and Richard Wood vs. City of Trenton, Trenton Police Department, Tir Na Nog, Inc., Jason Astbury, Frederick Bender, Thomas Connell, Mylon Kelsey, Michael Schiaretti, III, and John Does 1-5 1n Civil Action Summons – Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing Life Center Academy vs. City of Trenton 1o Civil Action Summons - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing Life Center Academy vs. MZM Properties, LLC, et al.  1p Civil Action Summons - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing PRO Capital Fund I, LLC by its custodian, US Bank vs. Stockton Street Apartments, LP et al. 1q Civil Action Summons - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing Sass Muni V, L.L.C. through its custodian U.S. Bank N.A. vs. Legacy Development Associates, LLC, et al. 1r Civil Action Summons - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing US Bank Cust for PRO Capital I, LLC vs. Joan Baum, et al. 1s State of New Jersey, Department of Environmental Protection – Submitting a copy of a letter address to Dreama Darden, Vice President, E. State Street Homeowners Assoc., 893-935 East State Street, Trenton, NJ regarding 893-935 E. State St., Greg Grant Park Soil Remedial Action Permit. 1t State of New Jersey, Department of Environmental Protection – Submitting a copy of a letter address to John Liwacz regarding a 200 gallon #2 heating oil underground storage tank system located at 216 Sanhican Drive, Trenton, NJ 1u County of Mercer – Submitting a copy of Resolution 2013-192 opposing financial reductions to the supplemental Nutrition Assistance Program 1v County of Mercer Planning Board – Submitting a meeting notice for a meeting schedule for May 8, 2013 and a copy of the March 13, 2013 meeting minutes. 1w Township of Hamilton – Submitting a copy of Ordinance number 13-004 ORDINANCE AMENDING AND SUPPLEMENTING THE LAND DEVELOPMENT CODE, HAMILTON TOWNSHIP, NEW JERSEY, CHAPTER 160, LAND DEVELOPMENT, ARTICLE V, EXCEPTIONS, MODIFICATIONS AND DEVELOPMENT ALTERNATIVES, SECTION 160-161, CONDITIONAL USES 1x Township of Lawrence – Submitting a notice of a Planning Board Public Hearing schedule for May 6, 2013 at 7:00 pm regarding Master Plan Reexamination Report and an Amendment to the Lawrence Township Master Plan Land Use Element. 1y NJ Transit – Submitting a copy of a letter address to Mr. Anthony Santora, Principal Traffic Analyst, City of Trenton regarding a proposed Bus stop on Mellon Street and Oakland Street 1z GEO-Enviro Consulting & Remediation LLC, 798 Berlin Road, Cherry Hill, NJ – Submitting a copy of a letter address to the NJ Department of Environmental Protection, Bureau of Case Assignment and Initial Notice regarding a property located at 406 Brunswick Avenue and a copy of the NJ Department of Environmental Protection site remediation program public notification and outreach form. 1aa Federal Energy Regulatory Commission, Washington D.C. – Submitting a copy of the Notice of Intent to prepare an Environmental Impact Statement for the proposed Northeast Connector Project and request for comments on Environmental Issues dated April 26, 2013 2. REPORTS 2a City Clerk’s Office – Notifying Council of three raffle applications filed by ZETA IOTA LAMBDA EDUCATIONAL FOUNDATION, INC. to hold a 50/50 raffle, a casino night, and a merchandise raffle on June 15, 2013 – ROLL CALL ITEM 2b City Clerk’s Office – Filing monthly reports of funds collected by the City Clerk’s Office and deposited with the Finance Department for the month of April, 2013 3. MINUTES FOR APPROVAL 2013 April 16, 2013, Regular Session April 18, 2013, Regular Session April 30, 2013, Special Session 4. RESOLUTIONS PULLED RESOLUTIONS 13-182 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF BECKER MEISEL, ATTORNEYS AT LAW, WOODLAND FALLS, 220 LAKE DRIVE EAST, SUITE 102, CHERRY HILL, NJ 08002 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $50,000.00) 13-183 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF ZARWIN BAUM DeVITO KAPLAN SCHAER TODDY, P.C., FIVE GREENTREE CENTER, SUITE 303, MARLTON, NJ 08053 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $40,000.00) 13-184 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF NERWINSKI, FOX & DEMBER, LLC, 600 LAWRENCE ROAD, LAWRENCEVILLE, NJ 08648, TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING TAX APPEALS AND OTHER RELATED MATTERS FOR THE CITY OF TRENTON (Not to exceed $4,000.00) 13-185 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF HILL WALLACK, LLP, 202 CARNEGIE CENTRE, PRINCETON, NJ 08543 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (not to exceed $5,000.00) 13-186 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF PARKER MCCAY, P.A., 9000 MIDLANTIC DRIVE, SUITE 300, MOUNT LAUREL, NJ 08054 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (not to exceed $20,000.00) 13-187 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF LONG MARMERO & ASSOCIATES, LLP, 44 EUCLID STREET, WOODBURY, NJ 08096 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (not to exceed $75,000.00) 13-188 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF JOHN MORELLI, P.C., 203 WEST SOMERDALE ROAD, VOORHEES, NJ 08043 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $20,000,00) 13-189 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF FLORIO PERRUCCI STEINHARDT & FADER, L.L.C., 218 ROUTE 17 NORTH, ROCHELLE PARK, NEW JERSEY 07662 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $60,000.00) 13-190 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO LYLE P. HOUGH, 79 MORGAN AVENUE, YARDLEY, P.A. TO PROVIDE PROSECUTORIAL SERVICES IN TRENTON MUNICIPAL COURT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $15,000.00) 13-191 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED TO THE LAW OFFICES OF SAPONARO & SITZLER, THE NEWBOLD HOUSE, 27 CEDAR STREET, MOUNT LAUREL, NJ 08060 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. (Not to exceed $60,000.00) 13-204 RESOLUTION TO PROVIDE FUNDING TO THE LAFAYETTE YARD COMMUNITY DEVELOPMENT CORPORATION (TRENTON HOTEL) ($200,000.00) ROLL CALL RESOLUTIONS 13-192 RESOLUTION ACKNOWLEDGING EXECUTION OF THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES AND THE CITY OF TRENTON FOR THE RECEIPT OF TRANSITIONAL AID FOR FISCAL YEAR 2013 (Aid award $25,400,000.00) CONSENT RESOLUTIONS 13-193 RESOLUTION ACCEPTING CERTIFICATION BY BOARD OF SCHOOL ESTIMATE OF 2013-2014 SCHOOL DISTRICT BUDGET AND APPROPRIATING $21,115,662 FOR SCHOOL PURPOSES 13-194 RESOLUTION FOR MEMBER PARTICIPATION IN A COOPERATIVE PRICING SYSTEM – 65MCESCCPS A RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ENTER INTO A COOPERATIVE PRICING AGREEMENT 13-195 RESOLUTION REJECTING BIDS RECEIVED FOR SELF CONTAINED BREATHING FIRE APPARATUS; FOR THE CITY OF TRENTON FIRE DEPARTMENT – BID 2013-14 13-196 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19-44A-20.5 ET. SEQ. TO DLB ASSOCIATES, 265 INDUSTRIAL WAY WEST, EATONTOWN, NJ 07724 TO PROVIDE ENGINEERING SERVICES TO WRITE SPECIFICATIONS AND PERFORM INSPECTIONS FOR VARIOUS ENERGY CONSERVATION IMPROVEMENTS TO PUBLIC BUILDINGS FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT (Not to exceed $1,800.00) 13-197 RESOLUTION OF NEED FOR THE REHABILITATION OF CAMPBELL HOMES PURSUANT TO THE NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY’S LOW INCOME HOUSING TAX CREDIT PROGRAM 13-198 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH R.W.V. LAND & LIVESTOCK, 351 PFISTER ROAD, JACKSON, NJ 08527 FOR THE REMOVAL OF STOCKPILED AND STORED EXCAVATED MATERIALS FOR THE CITY OF  TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER UTILITY, BID NO. 121 (Not to exceed $50,212.00) 13-199 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY AND TRENTON WATER WORKS FOR THE INSTALLATION OF A WATER QUALITY SENSOR STATION (WQSS) IN THE DELAWARE RIVER AT FRENCHTOWN IN THE AMOUNT OF $39,850.00 13-200 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JOHN SCHROEDER v. THE CITY OF TRENTON, CLAIM PETITION NO. 2011-36491 IN THE CLAIM AMOUNT OF $7,500.00 INCLUSIVE OF MEDICAL COSTS AND ATTORNEY FEES 13-201 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JOSE ACOSTA v. THE CITY OF TRENTON, CLAIM PETITION NO. 2012-19621 IN THE CLAIM AMOUNT OF $7,480.00 INCLUDING ATTORNEY FEES AND COSTS 13-202 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF HORATIO JUDIE v. THE CITY OF TRENTON, CLAIM PETITION NO. 2011-31514 IN THE CLAIM AMOUNT OF $9,840.00 INCLUDING ATTORNEY FEES AND COSTS 13-203 RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE # 1111-33-047-004, WHISMA, LLC, FOR THE 2011-2012 LICENSING PERIOD (566 S. Clinton Avenue) 13-205 A RESOLUTION CALLING FOR INCREASES FINES AND PENALTIES FOR CASES OF ANIMAL CRUELTY 13-206 RESOLUTION AUTHORIZING THE PURCHASE OF TWELVE (12) CHEVY TAHOE PPV PATROL VEHICLES WITH ALL REQUIRED ACCESSORIES FOR THE CITY OF TRENTON POLICE DEPARTMENT FROM DAY CHEVROLET, INC., 1600 GOLDEN MILE HIGHWAY, MONROEVILLE, PA 15146 THROUGH STATE CONTRACT NO. 82926 IN THE AMOUNT NOT TO EXCEED $507,228.00 AMENDMENT 13-207 RESOLUTION REDEDICATING THE MEMORIAL BUST OF STANLEY H. MAZIARZ, CLERK OF THE CITY OF TRENTON (1952-1975) 5. ORDINANCES: Public Hearing and Second Reading - None Introduction and First Reading 13-23 ORDINANCE RESCINDING THE SALE OF CITY-OWNED PROPERTIES PREVIOUSLY AUTHORIZED BY ORDINANCE 10-59 (310 Pennington Ave. and 312 Pennington Ave.)