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City Council

Regular Meeting

Trenton, NJ · February 2, 2016

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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 TRENTON CITY COUNCIL CONFERENCE SESSION COUNCIL CONFERENCE ROOM TUESDAY - FEBRUARY 2, 2016 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 January 28, 2016. I. CALL TO ORDER II. ROLL CALL III. ADVICE AND CONSENT – JUDICIAL APPOINTMENTS Appearance: Mayor Eric E. Jackson IV. DOCKET REVIEW Appearances: Terry McEwen, Business Administrator; Francis Blanco, Chief of Staff Marc McKithen, Esq., Law; James Brownlee, H&HS; Qareeb Bashir, TFP; Ernest Parrey, Jr., TPD; Ron Zilinski, Finance; Les Graham, Inspections; Diana Rogers, H&ED; Sean Semple, PW V. EXECUTIVE SESSION – Pending Litigation (Latimer v. COT) VI. CIVIC COMMENTS VII. PUBLIC COMMENT VII. ADJOURNMENT ACTION MAY BE TAKEN AT THIS MEETING Zachary A. Chester, Council President 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 CITY HALL THURSDAY- FEBRUARY 4, 2016 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 January 28, 2016. I. CALL TO ORDER II. ROLL CALL III. INVOCATION AND FLAG SALUTE IV. DOCKET ADOPTION Appearances: Terry McEwen, BA; Francis Blanco, Chief of Staff; Marc McKithen, Law; James Brownlee, H&HS; Diana Rogers, H&ED; Qareeb Bashir, TFD; Ernest Parrey, TPD; Ron Zilinski, Finance; Les Graham, Inspections; Sean Semple, PW V. CIVIC MATTERS VI. PUBLIC COMMENT VII. EXECUTIVE SESSION VIII. ADJOURNMENT Next Council Meeting February 18, 2016 ACTION MAY BE TAKEN AT THIS MEETING Zachary A. Chester, Council President DOCKET THURSDAY, FEBRUARY 4, 2016 1. COMMUNICATIONS AND PETITIONS 1a Civil Action Taxpayer Complaint Local Property Tax – The Holy Trinity Baptist Church vs. COT 1b Tort Claim Notice for Damages Other – Filed by Garry R. Salomon, Davis, Saperstein & Salomon, P.C., 375 Cedar Lane, Teaneck, NJ, Representing – The Estate of Rodney G. Burke vs. Greater Trenton Behavioral HealthCare, City of Trenton, et. al. 1c Tort Claim Notice for Property Damage – Filed by Stephanie Lynn Dobron, 11 Belfast Court, Hamilton, NJ – Against the City of Trenton. 1d Civil Action Summons Residential Mortgage Foreclosure Complaint – Filed by Sheera G. Engrissei, Esq., McCabe, Weisberg & Conway, P.C., 216 Haddon Ave, Ste 201, Westmont, NJ – representing NJ Housing and Mortgage Finance Agency vs. Antione Nelson, Monica Nelson, City of Trenton, et. al. 1e Tort Claim Notice Addendum for Property Damage – Filed by Rita Binderiene, 999 Greenwood Avenue, Floor #2, Trenton, NJ –ACR Car Services receipt for repair paid in full. 1f Civil Action Summons Complaint in Foreclosure – Filed by Kristina G. Murtha, Esquire, 701 Market Street, Suite 5000, Philadelphia, PA, 19106, representing – NJ Housing & Mortgage Finance Agency vs. Jean Wilkins and Mr. Wilkins, City of Trenton 1g Civil Action Summons Complaint in Foreclosure – Filed by Lauren M. Steins, Esq., 701 Market St., Ste 5000, Philadelphia, PA, representing – NJ Housing & Mortgage Finance Agency vs. Tbarley J. Wleh and Choloplay Juan Wleh a/k/a Choloplay Juah Wleh, Mrs. Choloplay Juan Wleh, wife of Choloplay Juan Wleh a/k/a Choloplay Juah Wleh, Mrs. Tbarley J. Wleh, wife of Tbarley J. Wleh, City of Trenton, American Trading Company. 1h Civil Action Summons Complaint – Filed by Geoffrey Smith, Esq., Shapiro & DeNardo, LLC, 14000 Commerce Prkwy, Ste B, Mt. Laurel, NJ, representing PNC Bank, N.A. vs. Angel V. Cepeda a/k/a Angel Cepeda and Mrs. Angel V. Cepeda, His Wife; The City of Trenton; State of NJ. 1i Civil Action Complaint in Foreclosure – Filed by Paul W. Luongo, Esq., 701 Market St., Ste 5000, Philadelphia, PA, representing NJ Housing and Mortgage Finance Agency vs. Trudsel Rolle and Mr. Rolle, husband of Trudsel Rolle, Beneficial New Jersey, Inc., d/b/a Beneficial Mortgage Co. 1j Civil Action Order Granting Leave to File Third Party Complaint – Filed by E. Ryan, Attorney, Law Office of Gerard M. Green, 200 Schulz Drive, Suie 405, Red Bank, NJ, representing Candida Delao DeSalas vs. Alma Trenton, LLC, Alma Realty Corporation t/a Luther Towers; HWI Global Properties; vs. City of Trenton and City of Trenton Shade Tree Commission and/or City of Trenton Shade Tree Bureau, et. al. 1k Township Manager Medford Township, Burlington County, New Jersey – Recruitment Notice. 1l Mercer County Planning Board Meeting Notice for February 11, 2015. 1m NJDEP Receptor Evaluation for PSE&G Former Chauncey Street Gas Works, 11‐13 Chauncey Street, Trenton, NJ. 1n Trenton Zoning Board of Adjustment Meeting Notice, February 18, 2015, at 7:00 pm. 1o Tort Claim Notice filed by Christopher M. Pyne, Esquire, Stark & Stark, 993 Lenox Drive, Lawrenceville, NJ, representing Azaria Diggs (minor) – Against the City of Trenton. 1p Tort Claim Notice of Other Damages filed by Daniel E. Chase, Esquire, Hartsough Kenny Chase, 3812 Quakerbridge Road, Hamilton, NJ, representing – Beverly Beatty, 674 North Clinton Avenue, Trenton, NJ, ‐ Against the City of Trenton. 1q Tort Claim Notice filed by Christopher M. Pyne, Esquire, Stark & Stark, 993 Lenox Drive, AS OF 1/29/2016 Lawrenceville, NJ, representing – Victoria Horrocks, ‐ Location of Accident – Wyndham Hoel Parking Garage, Trenton, NJ. 1r Civil Action Taxpayer Complaint – Jeffrey D. Gordon, Esquire, Archer & Geiner, P.C., 101 Carnegie Center, Suite 300, Princeton, NJ 08540, representing Woodrose Transit, LLC vs. Trenton City. 1s Civil Action Order Entering Default Out of Time – Jeannette J. O’Donnell, Esquire, Powers Kirn, LLC, 728 Marne Highway, Suite 200, Moorestown, NJ, representing New Jersey Housing and Mortgage Finance Agency vs. Tyrone Washington, et. al. 1t Proposed amendment to the Mercer County District Solid Waste Management Plan. 1u Civil Action Summons Complaint for Quiet Title to Real Property – Carol Rogers Cobb, Esq. McCabe, Weisberg & Conway, PC, 216 Haddon Ave, Ste 201, Westmont, NJ, representing – Nationstar Mortgage, LLC. vs. City of Trenton, Hunters Glen Apartments and Capital One Bank. 1v Civil Action Summons Foreclosure Complaint – Shirely E. Pimm, Esq., Phelan Hallinan & Diamond, PC, representing – Wells Fargo Bank vs. Ernest F. Alexander, Mrs. Ernest F. Alexander, his wife; Murtis F. Alexander; Mr. Alexander, husband of Murtis F. Alexander, City of Trenton, et. al. 1w Civil Action Summons – Shirley E. Pimm, Esquire, Phelan Hallinan & Diamond, PC, 400 Fellowship Road, Suite 100, Mt. Laurel, NJ, representing First Guaranty Mortgage Corporation vs. Lakesha Monique Reaves; Mr. Reaves, husband of Lakesha Reaves; City of Trenton, et. al. 1x NJDEP Public Notification and Outreach for 301 North Clinton Avenue, Trenton, NJ. 1y NJDEP Soil Remedial Action Permit for PSE&G former Brunswick Avenue Facility, New York Avenue and Sylvester Street, Trenton, NJ 1z Civil Action Request to Enter Default and Certification – filed by Jeanette F. Frankenberg, Esquire, Stern Lavinthal & Frankenberg, LLC, 105 Eisenhower Parkway, Suite 302, Roseland, NJ, representing Federal National Mortgage Association vs. Vondalier C. Square, individually and as Executrix of the estate of Velma E. Wilkins; Elmer J. Square, Jr., his wife; Valencia Y. Square Bellamy; City of Trenton, et. al. 1aa Tort Claim Notice for Property Damages filed by David V. Jones, Jr., 118 Lee Avenue, Trenton, NJ – Against the City of Trenton. 1ab Civil Action Taxpayer Complaint filed by Bruce Schragger, Esquire, Schragger, Schragger & Lavine, 133 Franklin Corner Road, Lawrenceville, NJ, representing ‐ Four Twenty‐five Greenwood, Inc., (212‐220 South Clinton Avenue) Trenton, NJ vs. The City of Trenton. 1ac Civil Action Taxpayer Complaint filed by Bruce Schragger, Esquire, Schragger, Schragger & Lavine. 433 Franklin Corner Road, Lawrenceville, NJ, representing Four Twenty‐Five Greenwood, Inc., (407 Greenwood Avenue, Trenton, NJ) vs. City of Trenton. 1ad Verizon of NJ, NJ Bell Telephone, Bell Atlantic Change of Address Request to COT Tax Assessor. 1ae Civil Action Summons Foreclosure Complaint filed by – John D. Krohn, Esquire, Phelan Hallinan & Diamond, PC, 400 Fellowship Road, Suite 100, Mt. Laurel, NJ, representing New Jersey Housing & Mortgage vs. Luis M. Viruet; Mrs. Luis M. Viruet; his wife, Johanela Figueroa; Mr. Figeroa; husband of Johnaela Figueroa; City of Trenton, et.al. 1af Civil Action Subpoena – Filed by Zachary J. Zahner, Esquire, Karpf, Karpf & Cerutti, P.C., Two Greenwood Sq., 3331 Street Rd, Ste 128, Bensalem, PA – Representing Lael Queen vs. the COT. 1ag CSG Environmental Consultants Response Action Outcome Type: Restricted Use with Permit Requirements: Forger Greg Grant Park, Now East Trenton Homes, 893‐935 E. State Street, Trenton. NJ. AS OF 1/29/2016 2. REPORTS 2a City Clerk’s Office – Submitting for approval a Raffle application filed by Mount Carmel Guild of Trenton to hold an Off Premise 50/50 Raffle on May 13. 2106. 3. MINUTES FOR APPROVAL Conference Session, January 196, 2016 Regular Meeting, January 21, 2016 Budget Hearing, January 26, 2016 4. RESOLUTIONS NEW BUSINESS 16‐17 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 1146 HAMILTON AVENUE (ACCOUNT# 616‐3837‐300) DUE TO NON‐ENTRY OF WATER INTO SEWER [Formal action taken 1/21/16] 16‐18 RESOLUTION OF SUPPORT FOR THE NEW JERSEY DEPARTMENT OF TRANSPORTATION TRENTON AMTRAK BRIDGES PROJECT [formal action taken 1/21/16] 16‐19 RESOLUTION AUTHORIZING EXECUTIVE SESSION OF THE CITY COUNCIL TO PERMIT DISCUSSION OF PENDING LITIGATION [formal action taken 2/2/16] 16‐20 RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE# 1111‐33‐099‐ 007, TO 609 LOUNGE, LLC, FOR THE 2015‐2016 LICENSING PERIOD (POCKET LICENSE) 16‐21 RESOLUTION AUTHORIZING THE CANCELLATION OF GRANT BALANCE FROM THE FEDERAL GOVERNMENT ($496,326.09) 16‐22 RESOLUTION AUTHORIZING THE CANCELLATION OF GRANT BALANCE FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT ($50,002.50) 16‐23 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5‐ 113 TO BREATHE RITE MEDICAL & SURGICAL EQUIPMENT LLC ($9,274.86) 16‐24 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 39 EAST STATE STREET (ACCOUNT# 615‐4271‐303) DUE TO NON‐ENTRY OF WATER INTO SEWER 16‐25 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 72 HUSTON ALLEY (ACCOUNT# 617‐2295‐300) DUE TO NON‐ENTRY OF WATER INTO SEWER 16‐26 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 26 HUMBOLT STREET (ACCOUNT# 615‐1632‐303) DUE TO NON‐ENTRY OF WATER INTO SEWER 16‐27 RESOLUTION AUTHORIZING THE APPROVAL OF QUALIFICATIONS FOR THE FOLLOWING FIRMS FOR THE RESTORATION OF ALEXANDER DOUGLASS HOUSE (RFQ2015‐01) 16‐28 RESOLUTION AUTHORIZING THE APPROVAL OF QUALIFICATIONS FOR THE FOLLOWING FIRMS FOR THE RESTORATION OF JACKSON STREET BRIDGE (RFQ2015‐02) AS OF 1/29/2016 16‐29 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH MUNICIPAL MAINTENANCE COMPANY, 1352 TAYLORS LANE, CINNAMINSON, NJ 08077 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY TEKKEM LIME SLAKING MAINTENANCE FOR TRENTON WATER WORKS, WATER FILTRATION PLANT IN AN AMOUNT NOT TO EXCEED $28,608.00 16‐30 RESOLUTION AUTHORIZING PAYMENT FOR A CONTACT WITH LOCKWOOD’ ELECTRIC MOTOR SERVICE INC., 2239 NOTTINGHAM WAY, TRENTON NJ 08619 WHICH WAS AWARDED N AN EMERGENCY BASIS FOR THE EMERGENCY REPAIR OF THE NUMBER ONE (1) HIGH LIFT SERVICE PUMP FOR THE TRENTON WATER WORKS, FILTRATION PLANT IN AN AMOUNT NOT TO EXCEED $24,200.00 16‐31 RESOLUTION AUTHORIZING A CONTRACT WITH K.D.B. CONSTRUCTION, LLC, 118B DONOR AVENUE, ELMSWOOD PARK, NJ 07407 FOR RESURFACING AND PAINTING THE DIGESTER GROUND FLOOR AT TRENTON SEWER UTILITY THROUGH THE HUNTERDON COUNTY COOPERATIVE PRICING AGREEMENT #ER‐09E PAINTING SERVICES EFFECTIVE NOVEMBER 2, 2015 THROUGH NOVEMBER 1, 2016 IN AN AMOUNT NOT TO EXCEED $17,170.00 16‐32 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO CALGON CARBON CORPORATION, 3000 GSK DRIVE, MOON TOWNSHIP, PA 15198 FOR THE FURNISHING AND DELIVERY OF POWDER ACTIVATED CARBON ON AN AS NEEDED BASIS FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $106,020.00 – BID#2015‐92 16‐33 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO ADVANCE AIR SERVICE GROUP, 45B MILTON DRIVE, ASTON, PA 19014 FOR DUCT CLEANING SERVICES AT THE TRENTON POLICE HEADQUARTERS IN AN AMOUNT NOT TO EXCEED $29,990.00 – BID#2015‐96 16‐34 RESOLUTION AWARDING A PROFESSIONAL SERVICE CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A‐20.4 ET SEQ. TO BROWNFIELD REDEVELOPMENT SOLUTIONS INCORPORATED, PO BOX 2293, MEDFORD LAKES, NJ 08055 FOR ENVIRONMENTAL PROJECT AND GRANT MANAGEMENT FOR THE CITY OF TRENTON’S BROWNFIELDS PROGRAM FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $143,000.00 – RFP2015‐34 16‐35 RESOLUTION AWARDING CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A‐20.4 ET SEQ. TO EDMUNDS & ASSOCIATES, INCORPORATED, 2301A TILTON ROAD, NORTHFIELD, NJ 08225TO PROVIDE CONTINUED APPLICATION SOFTWARE SUPPORT AND MAINTENANCE FOR THE EDMUNDS & ASSOCIATES FINANCIAL PACKAGE, H/W PERVASIVE SQL III AND MCSAX/SBX/UA SYSTEMS UPGRADES FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY IN AN AMOUNT NOT TO EXCEED $22,260.00 – RFP2015‐43 16‐36 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE LAW OFFICES OF BECKER, LLC, WOODLAND FALLS CORPORATE CENTER, 220 LAKE DRIVE EAST, SUITE 102, CHERRY HILL, NJ 08002 TO PROVIDE CONTINUED PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS IN AN AMOUNT NOT TO EXCEED $20,000 AS OF 1/29/2016 16‐37 RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE LAW OFFICES OF WEBER DOWD LAW LLC, 365 RIFLE CAMP ROAD, WOODLAND PARK, NJ 07424 TO PROVIDE CONTINUED PROFESSIONAL LEGAL SERVICES REGARDING GENERAL MUNICIPAL AND DEFENSE LITIGATION MATTERS IN AN AMOUNT NOT TO EXCEED $40,000 16‐38 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAM IN THE MATTER OF MICHAEL CANDELORI VS THE CITY OF TRENTON, CLAIM PETITION NUMBER 2013‐19790 IN THE CLAIM AMOUNT OF $36,050.00 INCLUDING ATTORNEY FEES AND COSTS 16‐39 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF TYLA M. LATIMER, MINOR V. CITY OF TRENTON, IN THE TOTAL AMOUNT OF $150,000.00 16‐40 RESOLUTION FIXING THE SALARY OF THE DEPUTY MUNICIPAL CLERK ($70,000) 16‐41 RESOLUTION AWARDING A CONTRACT THROUGH A FAIR & OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A‐20.4 ET SEQ. TO PARS ENVIRONMENTAL INCORPORATED, 500 HORIZON DRIVE, SUITE 540, ROBBINSVILLE, NJ FOR THE RIGHT TO KNOW SURVEYS FOR THE DEPARTMENT OF PUBLIC PROPERTY IN AN AMOUNT NOT TO EXCEED $33,626.00 – RFP2015‐35 OLD BUSINESS 16‐04 RESOLUTION CONSENTING TO THE APPOINTMENT OF RODNEY THOMPSON, ESQ. AS A CHIEF JUDGE OF THE TRENTON MUNICIPAL COURT 16‐05 RESOLUTION CONSENTING TO THE APPOINTMENT OF EMILIA PEREZ, ESQ., AS A FULL‐TIME JUDGE OF THE TRENTON MUNICIPAL COURT 16‐06 RESOLUTION CONSENTING TO THE APPOINTMENT OF WILLIAM E. SITZLER, ESQ. AS A FULL‐TIME JUDGE OF THE TRENTON MUNICIPAL COURT 16‐07 RESOLUTION CONSENTING TO THE APPOINTMENT OF GERALDINE EURE, ESQ. AS A PART‐TIME JUDGE OF THE TRENTON MUNICIPAL COURT 5. ORDINANCES Public Hearing and 2nd Reading 16‐01 ORDINANCE AMENDING SECTIONS 3(c), 3(G) AND 6(B) OF BOND ORDINANCE 14‐39 OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, FINALLY ADOPTED SEPTEMBER 4, 2015 IN ORDER TO INCREASE THE APPROPRIATION AND AUTHORIZATION AMOUNTS FOR THE PROJECTS DESCRIBED IN SECTION 3(G), IN ORDER TO DECREASE THE APPROPRIATION AND AUTHORIZATION AMOUNTS FOR THE PROJECTS DESCRIBED IN SECTION 3(G) AND TO AMEND SECTION 6(B). [Public hearing and 2nd reading on 2/18/16] Public Hearing and 2nd Reading for Ordinances 16‐01 will be held on February 18, 2016. AS OF 1/29/2016

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