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City Council

Regular Meeting

Trenton, NJ · March 12, 2015

AgendaMinutes

Agenda

MEMBERS CITY COUNCIL ALEX BETHEA OFFICE: (609) 989-3147 MARGE CALDWELL-WILSON FAX: (609) 989-3190 ZACHARY A. CHESTER DUNCAN W. HARRISON, JR. CITY CLERK PHYLLIS HOLLY-WARD OFFICE: (609) 989-3187 GEORGE P. MUSCHAL FAX: (609) 989-3190 VERLINA REYNOLDS-JACKSON CITY COUNCIL MEETING COUNCIL CHAMBERS TRENTON, NEW JERSEY THURSDAY, MARCH 12, 2015 AT 5:30 P.M. (Rescheduled from March 5, 2015) 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 March 4, 2015. I CALL TO ORDER II ROLL CALL III INVOCATION AND FLAG SALUTE IV BOARD AND COMMISSION APPOINTMENTS Resolution 15-90, Trenton Zoning Board of Adjustment V PRESENTATION – 2015 FY BUDGET Appearance: Terry McEwen, Business Administrator Ron Zilinski, Finance Director VI PUBLIC COMMENT (Limited to Agenda Items only) VII CIVIC COMMENTS VIII DOCKET ADOPTION IX PUBLIC COMMENT X ADJOURNMENT ACTION MAY BE TAKEN AT THIS MEETING Zachary A. Chester, Council President DOCKET THURSDAY, MARCH 12, 2015 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim for Damages Against the City of Trenton for Personal Injury – Filed by Christopher M. Pyne, Esquire, Stark & Stark, Attorneys at Law, 993 Lenox Drive, Lawrenceville, NJ, Representing Victoria Horrocks, 49 Linden Road, Burlington, NJ. 1b Civil Action First Amended Complaint – Filed by Gary C. Zeitz, Esquire, Robin I. London, Esquire, Amber J. Monroe, Esquire, Gary C. Zeitz, LLC., City of Trenton, Et. al. 1c Civil Action Subpoena Duces Tecum – Filed by Neal E. Rosenberg, Esquire, Ramble Shopping Center, 1155 Route 73, Suite 10, Mt. Laurel, NJ – Representing Iris Martinez (n/k/a Iris Andujar) vs. Tomas Martinez. 1d Civil Action Notice of Entry of First and Second Interim Orders and Final Hearing on Emergency Motion for Interim and Final Orders: (1) Authorizing the Debitors to Assume the Consulting Agreement: (II) Authorizing and Approving the Conduct of Store Closing or Similar Themed Sales with such Sales to be Free and Clear of All Liens, Claims and Encumberances; (III) – Authorizing Customary Bonuses to Employees of Closing Business Locations: And (IV) Granting Related Relief. 1e Municipal Master Plan Sunoco Service Station #0010‐3226 Classification Exception Area (CEA) Biennial Certification for submittal to NJDEP. 1f Civil Action Complaint for Quiet Title to Real Property – Filed by Katherine Dorfler, Esquire, McCabe, Weisberg & Conway, P.C., 216 Haddon Avenue, Suite 201, Westmont, NJ – Representing PNC Bank, National Association vs. City of Trenton. 1g Public Notification Letter for Former Getty Service Station #56965, 579 South Broad Street, Trenton, NJ. 1h Tort Claim for Damages Against the City of Trenton for Personal Injury filed by Joseph D. Kaplan & Son, 70 Montgomery Street, Trenton, NJ – Representing Tuwana Brown, 123 Humboldt Street, Trenton, NJ. 1i Civil Action Notice of Entry of Interim Order and Final Hearing on Motion for Interim and Final Orders Establishing Adequate Assurance Procedures with respect to Debtor’s Utility Providers Re: Radioshack Corporation, et. al. – United States Bankruptcy Court District of Delawae. 1j Civil Action Order Vacating Dismissal – Filed by Michael Pellegrino, Esquire, Pellegrino & Feldstein, LLC, 290 Route 46 West, Denville, NJ – Representing Wachovia Cust/Trustee for Plymouth Park Tax Service vs. Joseph Stanley Juniak, Individually; Joseph Stanley Juniak, as Executor of the Estate of Lillian H. Juniak; Mrs. Joseph Stanley Juniak; John Martin Juniak, Jr.; Mrs. John Martin Juniak; Jr.; Wife of John Martin Juniak, Jr.; James Walter Juniak, Mrs. James Walter Juniak, wife of James Walter Juniak, Diane Marie Juniak, her heirs, devisees and personal representatives and his, her, their or any of their or any of their successors in right, title and interest; John Doe Husband of Diane Marie Juniak, said name John Doe Being Fictitious; City of Trenton, et. al. 1k Tort Claim for Damages Against the City of Trenton for Property Damage – Filed by Rahiim D.O. Humphrey, 777 West State Street, Apartment #4A, Trenton, NJ. 1l Civil Action Mortgage Foreclosure Complaint – Filed by Stacyann Bullen, Esquire, Stern Lvinthal & Frankenberg, LLC., 105 Eisenhower Parkway, Suite 302, Roseland, NJ – Representing Pingora Loan Servicing, Inc., vs. Stephen C. Harris, Mrs. Stephen C. Harris, his wife, Hudson County Board of Social Services, City of Trenton, et. al. 1m Civil Action Amended Complaint for Foreclosure to Recite Post Compliant Transfer of Interest – AS OF 3/10/2015 11:00:08 AM Filed by Jamar Benjamin, Esquire, Zucker, Goldberg & Ackerman, LLC, 200 Sheffield Street, Suite 101, Mountainside, NJ – Representing Queen’s Park Oval Asset Holding Trust vs. Sandra Funderburg and Aaron Funderburg, husband of Sandra Funderburg. 1n Resolution #15‐66 for Property Tax Exemptions by the Township Council of Piscataway Township, New Jersey. 1o Resolution 2015‐24 Seeking Assistance for Municipalities with Significant Tax‐Exempt Properties by Township of Mount Holly, New Jersey. 1p New Jersey State League of Municipalities Flyer and Registration Form for the 7th Annual Women in Municipal Government Day, Friday, March 20, 2015, Princeton Marriott Hotel and Conference Center, 9:00 a.m. to 12:00 noon. 1q New Jersey Department of Environmental Protection Remedial Action Certification Form – Ground Water for Exxon Store #3‐0088, 1340 North Olden Avenue, Trenton, NJ. 1r Civil Action Notice of Filing of Summons and Complaint in Foreclosure for property 728 Roebling Avenue, Trenton, NJ. 1s Civil Action Nationstar Mortgage, LLC vs. Jeffrey Smith and Patricia Smith. 1t Civil Action Complaint – Filed by Victoria Hyvang‐Murphy, Esquire, McLaughlin & Nardi, LLC, 37 Vreeland Avenue, Totowa, NJ – Representing Anthony Capitini vs. The Hummingbird Restaurant, LLC, COT, et. al. 1u Sheriff’s Sale Notice 437 Lamberton Street, Trenton, NJ. 1v Community Realty Management correspondence regarding Luther Arms, Trenton, NJ. 1w Tort Claim Notice for Personal Injury‐ Filed by Joseph D. Kaplan & Son, Esquire, 70 North Montgomery Street, Trenton, NJ – Representing Jonathan DelViscio, 50 Escher Street, Trenton, NJ – Against the City of Trenton. 1x Civil Action Complaint and Jury Demand filed by – Michael G. Donahue, Esquire, Stark & Stark, PO Box 5315 Princeton, NJ – Representing Naim Travis vs. Trenton Housing Authority, City of Trenton, et. al. 1y Civil Action Order Setting Date, Time, Place and Amount of Redemption filed by – Gary C. Zeitz, LLC., 1105 Laurel Oak Road, Suite 136, Voorhees, NJ – Representing MTAG‐CUST‐ATCF II NJ‐Cap One vs. Clearview Capital, LLC, City of Trenton, et. al. 2. REPORTS 2a City Clerk’s Office – MCV Social Activities Club – Filed an application for Council’s approval to hold eighteen 50/50 Raffle from April 2015 through December, 2015. 3. MINUTES FOR APPROVAL Conference Session, February 17, 2015 Regular Meeting, February 19, 2015 4. RESOLUTIONS 15‐87 ABC RESOLUTION (FORMAL ACTION TAKEN ON 02/11/2015) 15‐88 ABC RESOLUTION (FORMAL ACTION TAKEN ON 02/11/2015) 15‐89 RESOLUTION AUTHORIZING EXECUTIVE SESSION (FORMAL ACTION TAKEN ON 03/03/2015) 15‐90 RESOLUTION APPOINTING FREDERICK COSTANZO AS ALTERNATE MEMBER #1 OF THE ZONING BOARD OF ADJUSTMENT FOR A TWO‐TERM ENDING JUNE 30, 2017 15‐91 RESOLUTION SUPPORTING ASSEMBLY BILL A‐1109 WHICH SEEKS TO IMPLEMENT STRICTER AS OF 3/10/2015 11:00:08 AM RULES AND REGULATIONS FOR ORGANIZATIONS THAT HOUSE AND CARE FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES 15‐92 RESOLUTION OF CONTINUING SUPPORT FOR THE GOALS AND PURPOSES OF THE 2004 HIGHLANDS WATER PROTECTION AND PLANNING ACT 15‐93 RESOLUTION ADOPTING A CASH MANAGEMENT PLAN FOR THE DEPOSIT AND INVESTMENT OF PUBLIC FUNDS OF THE CITY OF TRENTON 15‐94 RESOLUTION AUTHORIZING AN AWARD OF AN EMERGENCY CONTRACT WITH MONTANA CONSTRUCTION, INC., 80 CONTENT AVENUE, LODI, NJ FOR EMERGENCY REPAIRS FOR STUYVESANT AVENUE EMERGENCY RETAINING WALL, SIDEWALK, AND SLOPE REPAIR ($181,692.25) 15‐95 RESOLUTION AUTHORIZING AN AWARD OF AN EMERGENCY CONTRACT WITH MASER CONSULTING, P.A., 331 NEWMAN SPRINGS ROAD, SUITE 203, RED BANK, NJ FOR EMERGENCY DESIGN FOR STUYVESANT EMERGENCY RETAINING WALL, SIDEWALK AND SLOPE REPAIR ($60,000.00) 15‐96 RESOLUTION AUTHORIZING PAYMENT FOR A CONTACT WITH ZOMPARELLI CONTRACTORS LLC T/A RIPI CONCRETE, 11 MICHAEL MCCORRISTIN ROAD, TRENTON, NJ WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR SIDEWALK RESTORATION SERVICES IN AN AMOUNT NOT TO EXCEED $19,797.00 15‐97 RESOLUTION AUTHORIZING CHANGE ORDER NUMBER 1 TO THE CONTRACT WITH QUAD CONSTRUCTION COMPANY FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE RESERVOIR PROJECT INSTALLATION OF TWO TEMPORARY TANKS AND SITE IMPROVEMENT FOR THE CITY OF TRENTON DEPARTMENT OF PUBLIC WORKS, TRENTON WATER WORKS IN AN AMOUNT NOT TO EXCEED $39,531,00. 15‐98 RESOLUTION EXERCISING THE OPTION TO EXTEND A CONTACT WITH ALLIED CONTROL SERVICES, 611 GARFIELD AVENUE, WEST POINT, PA FOR INSTRUMENTATION, CALIBRATION AND REPAIR SERVICES ON EQUIPMENT FOR TRENTON WATER WORKS FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $149,478.00. BID 2013‐86 15‐99 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH SHAFTS AND SLEEVES CO., INC PO BOX 153, ROEBLING, NJ WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIRS OF THE #2 GRIT CHANNEL SYSTEM ($23,336.00) 15‐100 RESOLUTION EXERCISING THE OPTION TO EXTEND A CONTACT WITH CARMEUSE LIME INCORPORATED, 11 STANWIX STREET, PITTSBURGH, PA TO FURNISH AND DELIVER QUICKLIME FOR TRENTON WATER WORKS FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $121,408.00. BID 2013‐79 15‐101 RESOLUTION AUTHORIZING A CONTRACT WITH DEWCON, INC. PO BOX 439, BASKING RIDGE, NJ WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A 16 INCH WATER MAIN BREAK ON NORTH OLDEN AVENUE, EWING TOWNSHIP IN AN AMOUNT NOT TO AS OF 3/10/2015 11:00:08 AM EXCEED $34,380.02 15‐102 RESOLUTION AWARDING A CONTRACT TO ABATETECH, PO BOX 25, LUMBERTON, NJ FOR ASBESTOS REMOVAL AT BUILDING 101, ROEBLING BLOCK 3 FOR THE CITY OF TRENTON, DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $3,900.00 15‐103 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO ALLIED PAINTING, INC., A NEW JERSEY CORPORATION, 4 LARKING ROAD, CHERRY HILL, NJ FOR WHITEHORSE TANK IMPROVEMENTS PROJECT FOR TRENTON WATER WORKS IN AN AMOUNT NOT TO EXCEED $2,999,525.00. BID 2014‐49 15‐104 RESOLUTION AMENDING THE ACCOUNT NUMBER FOR A CONTRACT AWARD (RESOLUTION 14‐643) DONE IN A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A‐20.4 ET SEQ. TO GROUP MELVIN DESIGN. LLC, 2 AQUARIUM DRIVE, SUITE 320, CAMDEN, NJ FOR PROFESSIONAL CONSULTING SERVICES TO CONDUCT MASTER PLAN PHASE II OF TRENTON250 MASTER PLANNING PROCESS FOR THE CITY OF TRENTON, DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT, DIVISION OF PLANNING IN AN AMOUNT NOT TO EXCEED $349,997.52. RFP 2014‐21 15‐105 RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY AND ACCEPT A GRANT FROM THE MERCER COUNTY OFFICE ON AGING 2015 OLDER AMERICAN ACT, SOCIAL SERVICES BLOCK GRANT FOR THE FINANCIAL SUPPORT OF SOCIALIZATION AND RECREATION PROGRAMS FOR FIVE SENIOR CENTERS. 15‐106 RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT FROM THE MERCER COUNTY OFFICE OF AGING 2015 OLDER AMERICAN ACT, SOCIAL SERVICES BLOCK GRANT FOR THE FINANCIAL SUPPORT OF CARE MANAGEMENT AND SOCIAL SERVICES FOR THE CITY OF TRENTON’S SENIOR POPULATION. 15‐107 RESOLUTION AUTHORIZING THE FURNISHING AND DELIVERY OF TREATED ROCK SALT FOR THE CITY OF TRENTON FROM MORTON SALT INCORPORATED, 2625 BUTTERFIELD ROAD, SUITE 208E, OAKBROOK, IL, IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE CONTRACT PURCHASING SYSTEM AGREEMENT ON AN AS NEEDED BASIS FROM MARCH 5, 2015 THROUGH JUNE 30, 2015 AT A COST PER TON DELIVERED OF $70.13 AND COST PER TON PICK‐UP AT $70.00 IN AN AMOUNT NOT EXCEED $200,000.00 15‐108 RESOLUTION AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44 A‐20.4 ET SEQ TO ASSOCIATED DATA PROCESSING CONSULTANTS (ADPC), 116 VILLAGE BLVD. – SUITE 200, PRINCETON, NJ TO CONDUCT INFORMATION SYSTEM AUDIT FOR THE ASSESSMENT OF TECHNICAL SUPPORT SERVICES FOR THE CITY OF TRENTON’S INFORMATION SYSTEM IN AN AMOUNT NOT TO EXCEED $6,990.00. RFP2014‐44 15‐109 RESOLUTION REJECTING PROPOSALS RECEIVED ONE (1) PEDIATRIC NURSE PRACITIONER, NURSE PRACITIONER, OR PHYSICIAN ASSISTANT FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH – RFP 2014‐48 AS OF 3/10/2015 11:00:08 AM 15‐110 RESOLUTION AUTHORIZING THE AUCTION OF CERTAIN CITY‐OWNED PROPERTY PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW, N.J.S.A. 40A:12‐13(A) 15‐111 RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM FORECLOSURE ACT 15‐112 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF CRESSIE HENRY, ET AL. V. CITY OF TRENTON, ET AL. IN THE TOTAL AMOUNT OF $90,000.00 15‐113 RESOLUTION CONSENTING TO THE REFERRAL OF THE MERCER COUNTY POLICE ACADEMY PERSONNEL MATTER INVOLVING THE REMOVAL OF A TRENTON POLICE RECUIT TO THE TRENTON ETHICS BOARD FOR INVESTIGATION AS OF 3/10/2015 11:00:08 AM

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