City Council

Meeting Minutes City of Trenton City Council January 2, 2014 at 5:30 p.m. The meeting was called to order by Councilman Muschal at 5:32 p.m. and the Open Public Meetings Act statement was read which stated, “Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act, pursuant to N.J.S.A 10:1 et. seq. The agenda for the said meeting was sent to the newspaper, posted and filed in the City Clerk’s office on December 27, 2013.” ROLL CALL PRESENT ABSENT Mr. Bethea √ Ms. Caldwell-Wilson √ Mr. Chester √ Ms. Holly Ward √ Ms. McBride √ Ms. Reynolds-Jackson √ Mr. Muschal √ Also in attendance: Ralph Rivera, TPD; Cleveland Thompson; Inspections; Jim Brownlee, Health & Human Services; Luis Mollinedo Public Works; Janet Schoenhaar, Comptroller; Elana Chan, Budget Officer; Cordelia M. Staton, Deputy Municipal Clerk; Richard M. Kachmar, Municipal Clerk Invocation and flag salute were led by Mr. Kachmar. Mr. Kachmar requested that the In Memoriam for Patricia Stewart, Chair of the Zoning Board of Adjustment and member of the Trenton Ethics Board be read into the record. Ms. Staton read the following. In Memoriam for Patricia H. Stewart Whereas, Trenton City Council acknowledges the passing of long time South Ward resident Patricia H. Stewart who transitioned from labor to reward on December 31, 2013, and Whereas, Ms. Stewart and her late husband Bill moved from New York to Trenton in the late 1970s, purchased a home on Lamberton Street and raised their family; she is the beloved mother of Nicholas Stewart, and Whereas, Pat was actively involved in Trenton civic affairs for over 20 years; she is the former president of STARS (South Trenton Area Residents), and the Trenton Council of Civic Associations and her memberships included the South Ward CPAC (Citizens Police Advisory Committee), Fix Trenton’s Budget Committee and Majority for a Better Trenton, and Whereas, Pat was a duly appointed City official who served with distinction as chair of the Zoning Board of Adjustment and was recently appointed to the newly established Trenton Ethics Board; she regularly attended City Council meetings to express her concerns and offer sage advice sprinkled with her famous dry humor, and Whereas, Pat’s community service and volunteerism throughout the City of Trenton, despite her illness, was a testament to her tenacious spirit, and Whereas, Pat was an honorable woman and a good neighbor; she was a genuine community activist who gained the respect of Trenton City Council over the years, Now therefore be it known, that Trenton City Council gratefully acknowledges the civic contributions of Ms. Patricia H. Stewart and celebrates her life as a valued resident of the City of Trenton who leaves a rich legacy of community service and volunteerism, and; Be it further known that a copy of this In Memoriam will be among the City of Trenton official records and filed with admiration and respect. Respectfully submitted by Trenton City Council Page 1 of 5 PUBLIC COMMENT Motion to open Public Comment by Ms. Reynolds-Jackson; seconded by Mr. Muschal. Mr. Muschal stated that the comments at this time are limited to docket items only. He announced that an opportunity to speak on other issues will be provided after docket review. There was no comment. Motion to close Public Comment by Mr. Chester; seconded by Ms. Caldwell-Jackson. CIVIC COMMENTS Motion to open civic comment was made by Mr. Muschal. Ms. Caldwell-Wilson directed her inquiry to Administration via Mr. Cherry. She requested that non-payment for the plaque that was placed on the Swamp Angel cannon in Cadwalader Park in August by the Department of Recreation be reviewed and paid. Mr. Cherry indicated that Mr. Mollinedo would be representing Mr. Hutchinson and he would address the issue. Ms. Reynolds-Jackson wished everyone a Happy New Year. Mr. Muschal mentioned some heating problems within the City of Trenton offices, including the Communications Department which has not had heat since October and the Fire House on Calhoun Street. He called for these problems to be rectified immediately. Motion to close Civic Comment made by Mr. Muschal; seconded by Mr. Chester. DOCKET REVIEW AND ADOPTION 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim for Personal Injury filed against the City of Trenton, Clyde Williams, 24 Tower Road, Cream Ridge, NJ 08514. 1b Tort Claim for Personal Injury filed against the City of Trenton, Henry Carmichael, 635 Edgewood Avenue, Trenton, NJ, represented by Lawrence E. Popp, Esq., Gaylor Popp, LLC, Mountainview Office Park, 850 Bear Tavern Road, Ste. 308, Trenton, NJ 08628. 1c Tort Claim for Personal Injury filed against the City of Trenton, Brenda Kelly, 138 Sweets Avenue, Trenton, represented by Joseph D. Kaplan & Son, P.C., 70 North Montgomery Street, Trenton, NJ 08608. 1d Tort Claim for Injuries filed against the City of Trenton by Linda Spagnuolo, represented by Pellettieri Rabstein & Altman, Counsellors At Law, 100 Nassau Park Boulevard, Suite 111, Princeton, NJ 08543-5301. 1e Tort Claim for Damages filed against the City of Trenton by Brian Downs, represented by Spear, Greenfield & Richman, P.C., Attorneys & Counselors At Law, Suite 1800, 230 South Broad Street, Philadelphia, PA 19102. 1f Tort Claim Notice for Personal Injury filed against the City of Trenton by Sarah Abdelmalak, a minor, by her mother and Natural Guardian, Hana Saleeb, represented by The Grossman Law Firm, LLC., Pinho Professional Center, 57 Schanck Road, Suite C-13, Freehold, NJ 07728. 1g Tort Claim Notice filed against the City of Trenton for Damages by Frey Engineering, LLC, 1117 State Route 31, Suite 4, Lebanon, NJ 08833 1h Civil Action Summons Non Jury Complaint (Contract) filed by JONICO, INC., against the City of Trenton. 1i Civil Action Summons Complaint for Foreclosure filed by Sparta GP Holding REO Corp vs. Michael Maxwell, wife of Michael Maxwell, his/her heirs, City of Trenton, et.als. 1j Comcast Notice to Municipal Clerks/Administrators of added channels to Comcast’s MultiLatino Max package. 1k Kleinfelder East, Inc., Public Notification for – Former Exxon Service Station #30109, Trenton, NJ reference No. HAM 13L1729. 1l Delaware and Raritan Canal Commission Meeting Notice, December 18, 2013 at 10:00 am, at the Lambertville-New Hope Ambulance and Rescue Squad Banquet Hall, 70 Alexander Avenue, Lambertville, NJ with Agenda. 1m Kleinfelder Remedial Action Report for Capital Health Regional Medical Center – Fuld Campus – Parking Lot A, ;750 Brunswick Avenue, Trenton, NJ., NJDEP PL #015542, NJDEP Case #12-08-14-1123-07. 1n Letter for Katz & Doughtery, LLC copy of letter to Mayor Tony Mack, dated December 13, 2013, re: Todd Geter, R.A., Unpaid Invoices for Learning Center Improvements. 1o Letter to Trenton City Council from Mr. David Brown reference: Street Reconstruction Island Neighborhood with attached photos. 1p The Mercer County Planning Board Meeting Notice scheduled for Wednesday, January 8, 2014, McDade Administration Building, 2nd Floor- Room 211, 640 South Broad Street, Trenton NJ.  1q Tort Claim for personal injury for Angela Stephens, 49 Louisiana Avenue, Ewing, NJ 08638 against the City of Trenton, represented by Kenneth W. Thayer, Gaylord Popp Attorneys At Law. 1r Civil Action Amended Complaint for Foreclosure of Tax Sale Certificate(s) Pro Capital Fund I, LLC, through its Custodian U.S. Bank, NA vs. George Frater, Gloria Frater spouse of George Frater, City of Trenton, et.als. Motion to accept Communications and Petitions by Ms Caldwell Wilson; seconded by Mr. Muschal and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • 2. REPORTS None Submitted 3. MINUTES FOR APPROVAL 2013 Special Meeting, December 13, 2013 Regular Meeting, December 17, 2013 Regular Meeting, December 19, 2013 Motion to accept Minutes from 12/13/13 made by Mr. Chester; seconded by Ms. Reynolds-Jackson and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson √ • Mr. Muschal • Motion to accept Minutes from 12/17/13 by Ms. Caldwell Wilson; seconded by Ms. Reynolds Jackson and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • Motion to accept Minutes from 12/19/13t by Ms. Caldwell Wilson; seconded by Mr. Chester and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • 4. RESOLUTIONS FOR ADOPTION 14-01 RESOLUTION APPROVING PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION LICENCE #111-33-254-003 FROM CALDERONE, RENE TO ISLA DE TRENTON, INC. 14-02 RESOLUTION AMENDING RESOLUTION 13-16 TO INCREASE THE AMOUNT AWARDED IN ERROR TO PATRICK AUFIERO, MD, PA, 2085 KLOCKNER ROAD, HAMILTON, NEW JERSEY 08690 FOR A MEDICAL DOCTOR FOR THE CITY OF TRENTON, DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION FROM $15,000.00 TO $20,000.00 – RFP 2013-02C ($5,000) 14-03 RESOLUTION AMENDING THE LEASE AGREEMENT WITH CELLCO PARTNERSHIP, A DELAWARE GENERAL PARTNERSHIP, D/B/A VERIZON WIRELESS WITH PRINCIPAL OFFICES AT ONE VERIZON WAY, MAILSTOP 4AW100, BASKING RIDGE, NEW JERSEY 07920 FOR THE INSTALLATION AND MAINTENANCE OF A WIRELESS ANTENNA UTILITY WIRE, POLES, CABLE, CONDUITS AND PIPES AT THE BEAR TAVERN WATER TANK OWNED BY TRENTON WATER WORKS 14-04 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5- 113 TO 667 LAMBERTON ST LLC 14-05 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5- 113 TO MW TAX LLC 14-06 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS AND BUGBEE, 75 SOUTH GOLD DRIVE, HAMILTON, NJ 08691 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE SEWER REPAIR AT SOUTH CLINTON AVENUE AND HUDSON STREET ($50,802.17) 14-07 RESOLUTION AWARDING A CONTRACT THROUGH FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.4 ET SEG TO CDM SMITH, INCORPORATED, 110 FIELDCREST AVENUE #8, 6TH FLOOR, EDISON, NEW JERSEY 08837 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OBSERVATION SERVICES FOR REPLACEMENT AND UPGRADE OF THE WATER FILTRATION PLANT AND RESERVOIR GATEHOUSE DISINFECTION SYSTEMS FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRENTON WATER WORKS, AMOUNT NOT TO EXCEED $266,743.00 – RFP 2013-34 14-08 RESOLUTION AWARDING A CONTRACT THROUGH FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.4 ET SEG TO MUMFORD-BJORKMAN ASSOCIATES INCORPORATED, P.O. BOX 733, NEW CASTLE, DELAWARE, 19270 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN PHASE, BID PHASE AND CONSTRUCTION PHASE FOR THE PAINTING AND IMPROVEMENTS OF THE EWING TANK AND LAWRENCEVILLE TANK FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRENTON WATER WORKS, AMOUNT NOT TO EXCEED $121,400.00 – RFP 2013-35 14-09 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH G.M.H ASSOCIATES OF AMERICA, 5 CHELTEN WAY, TRENTON, NJ 08638 WHICH WAS AWARD ON AN EMERGENCY BASIS FOR THE REPLACEMENT OF #2 TRUCKING FILTER ROTARY ARM DISTRIBUTION BEARING ($36,503.04) 14-10 RESOLUTION REAPPOINTING JANET SCHOENHAAR AS THE CHIEF FINANCIAL OFFICER FOR THE CITY OF TRENTON 14-11 RESOLUTION AUTHORIZING THE TAX COLLECTOR FOR THE CITY OF TRENTON TO CONDUCT THE ANNUAL TAX SALE ONLINE THROUGH THE STATE OF NEW JERSEY PILOT PROGRAM 14-12 RESOLUTION APPOINTING TAIWANDA TERRY-WILSON AS ALTERNATE MEMBER #2 OF THE ZONING BOARD OF ADJUSTMENT FOR THE UNEXPIRED TERM ENDING JUNE 30, 2014 14-13 RESOLUTION APPOINTING JOHN C. RAINES TO THE TRENTON HOUSING AUTHORITY BOARD OF COMMISSIONERS FOR THE UNEXPIRED TERM ENDING DECEMBER 31, 2017 14-14 RESOLUTION ACKNOWLEDGING THE SERVICE AND CONTRIBUTIONS OF PATRICIA H. STEWART TO THE CITY OF TRENTON Motion to move the docket in unison by Mr. Chester; seconded by Mr. Muschal and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ •  Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • 5. ORDINANCES: Public Hearing and Second Reading 13-64 ORDINANCE AUTHORIZING A TWENTY (20) YEAR LEASE BETWEEN THE CITY OF TRENTON AND CABLEVISION LIGHTPATH NJ LLC FOR THE USE OF THE PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF TRENTON Motion to Open Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson No public comment received. Motion to Close Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson Motion to ADOPT Ord.13-64 by Mr. Chester; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-64 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • PUBLIC COMMENT Motion to open Public Comment made by Mr. Muschal; seconded by Ms. Caldwell-Wilson. Ms. Reynolds Jackson acknowledged Taiwanda Terry-Wilson as the newly appointed member to the Zoning Board of Adjustment. Ms. Terry-Wilson introduced herself and confirmed the she served as past president of the Villa Park Civic Association and has now been appointed as an Alternate for the Zoning Board. She thanked the Board for their recognition. Mr. Chester acknowledged John Raines as the newly appointed Commissioner for the Trenton Housing Authority. Mr. Raines greeted Council and thanked them for the opportunity to serve the community. He deemed it a privilege. He revealed that the former Executive Director of THA had been his mentor and several of the plans were part of his vision. To strategically direct in implementing them is for him a dream come true. Motion to adjourn public meeting by Mr. Muschal; meeting adjourned at 5:58 p.m. RESPECTFULY SUBMITTED BY: RICHARD M. KACHMAR MUNICIPAL CLERK Accepted by Council on January 16, 2014: ____________________________________ GEORGE P. MUSCHAL COUNCIL PRESIDENT