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 COUNCIL CHAMBERS TRENTON, NEW JERSEY THURSDAY, APRIL 17, 2014 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 April 16, 2014. I CALL TO ORDER II ROLL CALL III INVOCATION AND FLAG SALUTE IV PUBLIC COMMENT (Limited to Agenda Items only) V CIVIC COMMENTS VI DOCKET REVIEW AND ADOPTION VII PUBLIC COMMENT VIII EXECUTIVE SESSION – Attorney/Client Privilege Resolution 14-181 S. Cain, A. Johnson Personnel: Wrongful Termination 1X ADJOURNMENT ACTION MAY BE TAKEN AT THIS MEETING George P. Muschal, Council President  DOCKET (amended) THURSDAY, APRIL 17, 2014 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Robin Kay Lord, LLC, 210 S. Broad St., Trenton, NJ – Representing Theodore Sakoutis, 406 Washington St., Trenton, NJ on a claim against the City of Trenton for personal injury. 1b Tort Claim – Manna & Bonello, 648 Ocean Avenue, P.O. Box 3068, Long Branch, NJ – Submitted a letter of representation for Susan Rogers, P.O. Box 618, Point Pleasant, NJ on a claim against the City of Trenton for personal injury. 1c Tort Claim – Weir & Associates, LLC, 108 Straube Center Boulevard, Pennington, NJ – Representing Kenneth Barber, 830 Southard St., Apt. 2A, Trenton, NJ on a claim against the City of Trenton for personal injury. 1d Tort Claim – Joseph D. Kaplan & Son, P.C., 70 N. Montgomery St., Trenton, NJ – Representing Sonja Kelly, 849 Parkside Avenue, Trenton, NJ on a claim against the City of Trenton for personal injury. 1e Tort Claim – Kameron L. Johnson, 38 N. Johnston Ave., Hamilton, NJ – Filed a claim against the City of Trenton for property damages. 1f Tort Claim – Linda Ann Palmer, 1469 W. State St., Trenton, NJ – Filed a claim against the City of Trenton for property damages. 1g Tort Claim – Nathaniel Bronner, 2300 Byberry Road, Apt. A-12, Bensalem, PA – Filed a claim against the City of Trenton for property damages. 1h Tort Claim – Sung Chul Woo, 1139-41 E. State St., Trenton, NJ – Filed a claim against the City of Trenton for property damages. 1i Civil Action – 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. v Legacy Development Associates, LLC, et al 1j Civil Action - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing US Bank Cust for Pro Capital I, LLC v Growcorp, LLC, et al 1k Civil Action - Gary C. Zeitz, L.L.C., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing CCTS Tax Liens I, L.L.C. v Richard Jones, et al 1l Civil Action – Stern Lavinthal & Frankenberg LLC, 105 Eisenhower Parkway – Suite 302, Roseland, NJ – Representing Wilmington Trust Company as trustee for the structured asset securities corporation, mortgage pass-through certificates, Series 2005-9XS v Shanell Jones, Maron Mcgield, her husband, Moses Land, Mrs. Moses Land, his wife, Diana J. Jones; Corey A. Jones; Citimortgage, Inc., Johnston Jewelers, State of NJ, City of Trenton, State Farm Insurance et al. 1m Civil Action - Stern Lavinthal & Frankenberg LLC, 105 Eisenhower Parkway – Suite 302, Roseland, NJ – Representing Bank of America, N.A. v Earl W. Harper, Sr., His/Her Heirs, devisees and personal representatives and his, hers, their or any of their successors in right, title and interest et al 1n Civil Action – Phelan Hallinan & Diamond, PC, 400 Fellowship Road, Suite 100, Mt. Laurel, NJ – Representing New Jersey Housing and Mortgage Finance Agency v Rashawn J. Edwards, et al 1o Civil Action – Scarinci & Hollenbeck, LLC, John M. Scagnelli, Esq., 1100 Valley Brook Ave., P.O. Box 790, Lyndhurst, NJ – Representing Kay 5 Properties, LLC v City of Trenton 1p Civil Action - Taylor and Keyser, 76 E. Euclid Ave., Suite 202, Haddonfield, NJ – Representing U.S. Bank, Custodian for LLFI-NJ v Passaic Street Housing, L.L.C; TICIC, Inc., successor in interest to Thrift Institutions Community Investment Corporation of New Jersey; City of Trenton, et al 1q Civil Action - Taylor and Keyser, 76 E. Euclid Ave., Suite 202, Haddonfield, NJ – Representing U.S. Bank, Custodian for TLCF 2012A, L.L.C. v Passaic Street Housing, L.L.C; TICIC, Inc., successor in interest of Thrift Institutions Community Investment Corporation of NJ; City of Trenton, et al 1r Civil Action – Zucker, Goldberg & Ackerman, 200 Sheffield St., Suite 301, P.O. Box 1024, Mountainside, NJ – Representing Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Trust 2006-3, Asset-Backed Certificates, Series 2006-3 v Barclay Rogers; et al 1s Civil Action – Fein, Such, Kahn & Sheppard, P.C., 7 Century Drive, Suite 201, Parsippany, NJ – Representing JPMorgan Chase Bank, N.A. v Michael Miller, et als 1t Civil Action – Copy of Order regarding the matter of the May 13, 2014 Municipal Election of the City of Trenton 1u State of New Jersey – Submitted a copy of a letter addressed to Thomas Giangrasso, MD regarding a property located at 343 Hamilton Avenue, Trenton, NJ concerning a 1000 gallon #2 heating oil underground storage tank system. 1v Bashwiner and Deer, LLC, 9 Pompton Avenue, Cedar Grove, NJ – Submitted a letter with an original Certificate of Discharge of a Municipal Mechanics Lien for Diamond Construction 1w USA Environmental Management, Inc. – Submitted a letter to the City Clerk with a copy of the Public Notification Form to conduct remedial investigations at 300 Enterprise Avenue, Trenton, NJ 1x Trenton Housing Authority - Submitted a letter and a copy of the Agenda for the regular meeting of the Board of Commissioners schedule for April 9, 2014 2. REPORTS 2a. City Clerk’s Office – Monthly revenue report for funds collection for the issuing of Business Licenses for the month of March, 2014. Total collected $18,030.70 3. MINUTES FOR APPROVAL Executive Session, March 20, 2014 Regular Meeting, April 1, 2014 Regular Meeting, April 3, 2014 Executive Session, April 3, 3014 4. RESOLUTIONS FOR ADOPTION 14-70 RESOLUTION APPROVING PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL CONSUMPTION W/BROAD PACKAGE LICENSE #1111-32-189-004 FROM HUB LIQUORS, INC. TO ASMIT CORPORATION 14-147 RESOLUTION CERTIFYING THAT THE CITY COUNCIL OF THE CITY OF TRENTON REVIEWED THE BEST PRACTICES INVENTORY QUESTIONNAIRE FOR THE CITY’S FISCAL YEAR 2014 [PULLED] 14-150 RESOLUTION AWARDING A CONTRACT THROUGH FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44S-20.4 ET SEQ TO HATCH MOTT MACDONALD, 111 WOOD AVENUE SOUTH, ISELIN, NJ 08830 FOR PROFESSIONAL ENGINEERING SERVICES AFTER RECEIPT OF BIDS AND BEFORE AND DURING THE CONSTRUCTION OF DISTRIBUTION SYSTEM IMPROVEMENTS INCLUDING CLEANING AND CEMENT MORTAR LINING OF CAST IRON WATER MAINS, INSTALLATION OF REPLACEMENT WATER MAINS AND OTHER RELATED IMPROVEMENTS IN EWING TOWNSHIP FOR THE DIVISION OF TRENTON WATER WORKS IN AN AMOUNT NOT TO EXCEED $508,635.00 – RFP 2013-52 14-151 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR MUNICIPAL LIEN REDEMPTION TRUST FUND 14-152 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR TRAINING TRUST FUND 14-153 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR REMEDIATION TRUST FUND REQUIRED BY N.J.S.A. 13:1K-6 14-154 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR DEVELOPER’S ESCROW TRUST FUND REQUIRED BY N.J.S.A. 40:55D-53.1 14-155 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR DOG LICENSE TRUST FUND 14-156 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR UNEMPLOYMENT COMPENSATION TRUST FUND 14-157 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR PURCHASING AND RETIREMENT OF PLENARY RETAIL CONSUMPTION LICENSES TRUST FUND 14-158 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR EMPLOYEES’ U.S. SAVINGS BONDS TRUST FUND 14-159 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR WEIGHTS AND MEASURES TRUST FUND REQUIRED BY PL 1995, CHAPTER 60 AND N.J.S. 51:1-54.4 14-160 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5-113 TO AJAX HOLDINGS II, LLC 14-161 RESOLUTION AUTHORIZING ADDITIONAL ENGINEERING AND SURVEYING FEES FOR LANNING ENGINEERING CO., INC. FOR ADA RAMPS AT VARIOUS LOCATIONS FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRAFFIC AND TRANSPORTATION (NOT TO EXCEED $36,366.00) 14-162 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO BERGEY’S TRUCK INC., D/B/A BERGEY’S TRUCK CENTER, 5 CROSSROADS DRIVE, TRENTON, NJ 08691 TO FURNISH AND DELIVER THREE (3) REAR REFUSE PACKER TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF SOLID WASTER IN AN AMOUNT NOT TO EXCEED $599,736.00 – BID 2014-03 14-163 RESOLUTION ACCEPTING CERTIFICATION BY BOARD OF SCHOOL ESTIMATE OF 2014- 2015 SCHOOL DISTRICT BUDGET AND APPROPRIATING $21,115,662 FOR SCHOOL PURPOSES 14-164 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR CONTRIBUTORY GROUP LIFE INSURANCE TRUST FUND 14-165 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR PERS – PENSION LOANS TRUST FUND 14-166 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR POLICE AND FIREMEN’S RETIREMENT SYSTEM TRUST 14-167 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR OCCUPIED CITY-OWNED PROPERTY 14-168 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR MUNICIPAL COURT BAIL RESTITUTION TRUST FUND 14-169 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR PUBLIC EMPLOYEE RETIREMENT SYSTEM TRUST FUND 14-170 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR PFRS – PENSION LOANS TRUST FUND 14-171 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO VERIZON, INC., 700 HIDDEN RIDGE, IRVING, TX 75038 TO PROVIDE NON-VOICE OVER INTERNET PROTOCOL TELEPHONE SERVICE THROUGH CENTREX OR CENTREX LIKE SERVICE FOR THE DEPARTMENT OF ADMINISTRATION FOR THE PERIOD OF APRIL 1, 2014 THROUGH MARCH 31, 2015 IN AN AMOUNT NOT TO EXCEED $258,000.00 WITH TWO (2) OPTIONS TO RENEW YEARLY – BID 2014-17 14-172 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO DEWCON, INC., P.O. BOX 439, BASKING RIDGE, NJ 07920 FOR A FIVE YEAR PROJECT FOR WATER DISTRIBUTION IMPROVEMENT INCLUDING CLEANING AND LINING OF CAST IRON WATER MAINS, INSTALLATION AND REPLACEMENT OF WATER MAINS AND OTHER RELATED IMPROVEMENTS IN EWINGTON NORTH AREA, EWING TOWNSHIP NJDEP PROJECT NO. 1111001-008 FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER WORKS IN AN AMOUNT NOT TO EXCEED $8,875, 773.50 – BID 2013-73 14-173 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR OUTSIDE EMPLOYMENT OF OFF-DUTY MUNICIPAL OFFICERS TRUST FUND 14-174 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR REGIONAL CONTRIBUTION AGREEMENT TRUST FUND 14-175 RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:3-1 ET SEQ 14-176 RESOLUTION AMENDING RESOLUTION NUMBER 14-88 AND INCREASING THE CONTRACT WITH SH’QUANA LOPEZ, 2 PLEASANT COURT, COLUMBUS, NJ 08022 TO ASSIST WITH THE OFFICE COMMUNITY DEVELOPMENT BILLING OF ESG, CDBG AND COC PAYMENTS IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF COMMUNITY RELATIONS AND SOCIAL SERVICES 14-177 RESOLUTION AMENDING RESOLUTION 11-556, WHICH PREVIOUSLY AUTHORIZED A CONTRACT WITH CLAKE CATON HINTZ TO PERFORM A REDEVELOPMENT INVESTIGATION OF THE BELLEVUE/RUTHERFORD STUDY AREA, TO EXTEND THE CONTRACTUAL DURATION THROUGH PROJECT COMPLETION. 14-178 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT WITH THE LAW OFFICES OF RUDERMAN & GLICKMAN, P.C., 675 MORRIS AVENUE, SUITE 100, SPRINGFIELD, NJ 07081, TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A- 20.5 ET SEQ. 14-179 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO ARMANDO’S CONSTRUCTION, 311 DICKINSON STREET, EWING, NJ 08638 FOR RECONSTRUCTION OF MONTGOMERY STREET BETWEEN FRONT STREET AND PERRY STREET IN THE CITY OF TRENTON IN AN AMOUNT NOT TO EXCEED $454,936.00 – BID 2014-10 14-180 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS TO MULTIPLE VENDORS FOR EMERGENCY WATER SERVICES REPAIRS, REPLACEMENT AND DISCONNECT FOR THE DIVISION OF TRENTON WATER WORKS ON AN AS NEEDED BASIS UTILIZING THE RESPONDENT WITH THE LOWEST BID FIRST IN AN AMOUNT NOT TO EXCEED $500,000.00 – BID 2014-04. 5. ORDINANCES: Public Hearing and 2nd Reading 14-10 ORDINANCE AMENDING AN ORDINANCE 09-030 “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THESE RANGES FOR AFSCME LOCAL #2281.- (AMENDED) 14-11 ORDINANCE AMENDING AN ORDINANCE 08-32 “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THESE RANGES FOR AFSCME LOCAL #2286.- (AMENDED) 14-12 ORDINANCE TO AMEND CHAPTER 11 “ADMINISTRATION” OF THE REVISED GENERAL ORDINANCES TO MODIFY RESIDENCY REQUIREMENTS FOR EMPLOYMENT IN TRENTON WATER WORKS AND TRENTON SEWER UTILITY 14-13 AN ORDINANCE AMENDING AND SUPPLEMENTING CITY OF TRENTON CHAPTER 272- 19 A3 TAXI STAND AND AMENDING AND SUPPLEMENTING CHAPTER 14-3.18 TRAFFIC SCHEDULE XXII TAXI STANDS AND AMENDING AND SUPPLEMENTING CITY OF TRENTON CHAPTER 14.3.19 LOADING ZONES SCHEDULE XXIII 14-14 ORDINANCE RECINDING ORDINANCE 09-59 WHICH AUTHORIZED THE SALE OF CITY- OWNED PROPERTY LOCATED AT 38 HILLS PLACE, BLOCK 10305, LOT 5.01 TO THE ROEBLING REDEVELOPMENT GROUP, LLC AND AUTHORIZING THE RETENTION OF THE DEPOSIT PAID 14-15 ORDINANCE CONDITIONALLY APPROVING A LONG-TERM TAX ABATEMENT AND THE EXECUTION OF A FINANCIAL AGREEMENT BETWEEN THE CITY OF TRENTON AND TRENT WEST SENIOR APARTMENTS URBAN RENEWAL, LP 14-16 ORDINANCE CONDITIONALLY APPROVING A LONG-TERM TAX ABATEMENT AND THE EXECUTION OF A FINANCIAL AGREEMENT BETWEEN THE CITY OF TRENTON AND TRENT EAST SENIOR APARTMENTS URBAN RENEWAL, LP Introduction and 1st Reading 14-17 AN ORDINANCE ADDING CHAPTER 132, ARTICLE 9, SECTION 71.1 OF THE CODE OF THE CITY OF TRENTON TO INCLUDE SECTION NUISANCES DEFINED AND PROHIBITED 14-18 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 38 HILLS PLACE, BLOCK 10305, LOT 5.01 AND LOCATED IN THE LAMBERTON STREET REDEVELOPMENT AREA TO JONATHAN UY 14-19 ORDINANCE AMENDING BOND ORDINANCE NUMBERS 12-04 OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, FINALLY ADOPTED FEBRUARY 23, 2012 IN ORDER TO RE-ALLOCATE $75,000 OF THE APPROPRIATION AND AUTHORIZATION FROM SECTION 3(Q) TO SECTION 3(B) AND TO AMEND THE AVERAGE USEFUL LIFE