City Council

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- SEPTEMBER 15, 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 September 9, 2016. I. CALL TO ORDER II. ROLL CALL III. INVOCATION AND FLAG SALUTE IV. PUBLIC COMMENT (Docket Items only) V. DOCKET ADOPTION Appearances: Terry McEwen, BA; 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; Ron Zilinski, Finance VI. CIVIC MATTERS VII. PUBLIC COMMENT VIII. ADJOURNMENT Next Council Meeting October 6, 2016 ACTION MAY BE TAKEN AT THIS MEETING Zachary A. Chester, Council President  DOCKET THURSDAY, SEPTEMBER 15, 2016 1. COMMUNICATIONS AND PETITIONS 1a Civil Action Summons – Filed by Jeannette F. Frankenberg, Esq., Stern Lavinthal & Frankenberg, LLC., 105 Eisenhower Parkway, Ste. 302, Roseland, NJ – Representing Ditech Financial LLC f/k/a Green Tree Servicing LLC vs. Jose O. Garcia, et. als. 1b Tort Claim Notice of Personal Injury – Filed by Gerald D. Siegel, Esq., Law Offices Siegel & Siegel, P.C., 666 Plainsboro Rd., Building 100, Ste. F, Plainsboro, NJ – Representing Zamirrah Ware-Reed, a minor c/o Lorreshia, 1048 Revere Ave., Trenton, NJ - Against the City of Trenton. 1c Public Service Gas & Electric Public Notice to Electric Customers of filing and public hearing for Basic Generation Service Charges. 1d Civil United States Bankruptcy Court of District of NJ Chapter 13 Modified/Notice for Relief c/o Peter Zimnis, Esq. Property Listed – 125 Fountain Ave. and 139-131 Fountain Ave., Trenton, NJ. 1e Civil Notice of Chapter 13 Bankruptcy Court – District of NJ #16-25033-CMG – Filed by Mark Kriegel, Law Office of Mark A. Kriegel, LLC, 1479 Pennington Rd., Ewing, NJ – Property Listed: 307 Garfield Ave., Trenton, NJ. 1f Civil Notice of Auction and Sale Hearing – United States Bankruptcy Court, Southern District of New York – # 16—10992 (SMB) Re: Sunedison, Inc., et. al. 1g Civil Action Final Judgment – Filed by Rebecca D. Boudwin, Esq. – Comegno Law Group, P.C., 521 Pleasant Valley Ave., Moorestown, NJ – Representing Community Capital, LLC., vs. Ajah Rose; Bank of America, N.A.; City of Trenton; State of NJ, acting by and through the Department of Community Affairs; and State of NJ. Property Listed: 240 Spring St., Trenton, NJ. 1h Civil Action Final Judgment – Filed by Rebecca D. Boudwin, Esq., Comegno Law Group, P.C.,. 521 Pleasant Valley Ave., Moorestown, NJ – Representing Community Capital, LLC., vs. Passaic St. Housing, LLC, et. al. Bank of America, N.A.; City of Trenton; State of NJ; acting by and through the Department of Community Affairs; and State of NJ. Property Listed: 133 Passaic St., Trenton, NJ. 1i Civil Notification of Sheriff’s Sale or Deed in Lieu of Foreclosures – Jan A. Plaza, Wanda T. Plaza, 39 Grand St., Trenton, NJ. 1j Civil Action Summons – Filed by Jessica A. Kolansky, Esq., Pluese, Becker & Saltzman, LLC., 20000 Horizon Way, Ste. 900, Mt. Laurel, NJ – Representing NJ Housing and Mortgage Finance Agency vs. Jarrid W. Graham, et. al. 1k Tort Claim Notice for Personal Injury – Filed by Thomas J. Mallon, Esq., 86 Court St., Freehold, NJ – Representing Jesus Merlo, 49 Berkshire Lane, Willingboro, NJ – Against the City of Trenton. 1l Tort Claim Notice for Damages – Filed by David M. Schmid, Esq., Stark & Stark, 993 Lenox Drive, PO Box 5315, Princeton, NJ – Representing – Javion Baylor – Against the City of Trenton. 1m Civil Action Order Setting Time, Place and Amount of Redemption – Filed by Rebecca D. Boudwin, Esq. – Comegno Law Group, P.C., 521 Pleasant Valley Ave., Moorestown, NJ – Representing Community Capital, LLC vs. Passaic St. Housing, LLC; et. al. Property Listed: 188 Passaic St., Trenton, NJ. 1n Civil Action Foreclosure – Filed by Dana Jordan, Foreclosure Specialist, Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Rd., Ste. 200, Cherry Hill, NJ. Representing The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A.; as successor to JPMorgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Property Listed: 9 Robert Pearson Court, Trenton (Hamilton) NJ. 1o Civil Action Foreclosure – Filed by Dana Jordan, Foreclosure Specialist, Udren Law Offices, P.C., Woodcrest Corporate Center, 111 Woodcrest Rd., Ste. 200, Cherry Hill, NJ – Representing U.S. Bank, National Association, as Trustee for C-Bass 2007-CB2 Trust, C-Bass Mortgage Loan Asset-Backed Certificates, Series 2007-CB2 vs. Marie Harding, et. al. Property Listed: 48 Christine Ave., Trenton, a/k/a Hamilton (Hamilton Township) NJ. 9.15.16 Docket Page 1 of 5  1p Civil Action Foreclosure – Filed by Sanford J. Becker, Esq., Pluese, Becker & Saltzman, LLC., 20000 Horizon Way, Ste. 900, Mount Laurel, NJ – Representing The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS Inc.. Asset-Backed Certificates Series 2007-2 vs. Mustafa Ozkul, et. al. Property Listed: 671 Pennsylvania Ave., Trenton, NJ. 1q Civil Action Foreclosure – Filed by Sanford J. Becker, Esq., Pluese, Becker & Saltzman, LLC, 20000 Horizon Way, Ste. 900, Mount Laurel, NJ – Representing Ditech Financial, LLC vs. Teresa V. Gramajo, et. al. Property Listed: 170 Washington St., Trenton, NJ. 1r Notice of Public Hearing scheduled for Wednesday, September 14, 2016 in the Council Room of the Municipal Building, 2 Municipal Drive, Ewing, NJ at 7:00 pm on the application of the former GM Plant Site for the Parkway Town Center. 1s Public Notice Hearing with the City of Trenton Zoning Board of Adjustment for Variances and/or Waivers in connection with an application for the premises located at 708 Liberty St., Trenton, NJ to be held on September 21, 2016 at 7:00 P.M., City Hall Council Chambers, Trenton, NJ. 1t Notice of Sheriff’s Office Sale for property listed: 676 Yardville Allentown Rd., Hamilton, NJ. 1u Civil Notice of Filing of Summons and Complaint in Foreclosure – Filed by Patrick J. Wesner, Esq., McCabe, Weisberg and Conway, P.C., Ste. 201, 216 Haddon Ave., Westmont, NJ – Representing U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass-Through Certificates Series 2007-5H vs. Latrice Bell, Mr. Bell, Husband of Latrice Bell and United States of America. Property Listed: 445 Emory Ave., Trenton, NJ. 1v Civil Foreclosure Summons – Filed by Sanford J. Becker, Esq., Pluese, Becker & Saltzman, LLC, 20000 Horizon Way, Ste. 900, Mount Laurel, NJ – Representing Freedom Mortgage Corporation vs. Martha Gussin Veal, et. al. Property Listed: 320 Ardmore Ave., Trenton, NJ. 1w Civil Action Foreclosure – Filed by Dana Jordan, Foreclosure Specialist, Udren Law Offices, Woodcrest Corporate Center, 111 Woodcrest Rd., Ste. 200, Cherry Hill, NJ. Property Listed: 302 Pennington Ave., Trenton, NJ. 1x Tort Claim Notice for Personal Damages – Filed by Brandon J. Broderick, Esq., 90 Main St., Ste. 201, Hackensack, NJ – Representing Robin Haymon, 785 Kuser Rd., Apartment H2, Hamilton, NJ – Against Hamilton Township, Mercer County, Department of Public Works, and State of NJ. 1y Tort Claim Notice for Personal Damages – Filed by Rand Spear, Esq., Spear, Greenfield, Richman & Weitz, P.C., Two Penn Center Plaza, Ste. 200, 1500 JFK Boulevard, Philadelphia, Pennsylvania – Representing Shayla Holman vs. Mercer Cemetery, NJ Transit, City of Trenton, County of Mercer and State of NJ. 1z Tort Claim Notice for Personal Injury – Filed by Brian A. Heyesey, Esq. & Thomas J. Manzo, Esq., Szaferman Lakind, Blumstein & Blader, P.C., 101 Grovers Mill Rd., Ste. 200, Lawrenceville, NJ – Representing Tamiko Pino-Bethea, 10 Allegheny Lane, Bordentown, NJ – Against the City of Trenton 1aa Tort Claim Notice for Personal Injury – Filed by Brian A. Heyesey, Esq. & Craig J. Huber, Esq., Szaferman, Lakind, Blumstein & Balder, P.C., 101 Grovers Mill Rd., Ste. 200, Lawrenceville, NJ – Representing Rohan Stephenson, 62 Beechwood Ave., Trenton, NJ – Against the Trenton Board of Education, City of Trenton, City Clerk for the City of Trenton. 1ab 2016 Tax Complaint – Filed by Jeffrey D. Gordon, Esq., Archer & Greiner, P.C., 101 Carnegie Center, Ste. 300, Princeton, NJ – Representing Princely, LLC, vs. Trenton City. 1ac 2016 Tax Complaint – Filed by Jeffrey D. Gordon, Esq., Archer & Greiner, P.C., 101 Carnegie Center, Ste. 300, Princeton, NJ – Representing Woodrose Transit, LLC, vs. Trenton City. 1ad Dynamic Earth Public Notification and Outreach Form Commercial Property: 639 Pennington Ave. (aka 845-853 Prospect St.) Trenton, NJ. 1ae NJDEP Determination Letter of No Further Action Letter and Covenant Not to Sue; Area of Concern One 275-gallon #2 heating Oil Aboveground Storage Tank System: Property Listed: 237 South Cook Ave., Trenton, NJ. 1af Civil Notice of Motion for Entry of Default Out of Time – Filed by Christopher J. Kelleher, Esq., McCabe, Weisberg & Conway, P.C., 216 Haddon Ave., Ste. 201, Westmont, NJ – Representing NJ Housing and Mortgage Finance Agency vs. Ildefonso Rivera and Ann Rivera, et. al. 9.15.16 Docket Page 2 of 5  1ag Notice of Sheriff’s Sale or Deed in Lieu of Foreclosure on July 7, 2016 property title was transferred to US Bank National Association but solely as Trustee of OWS REO Trust 2015-1 c/o Seneca Mortgage Serving Service. Property Listed: 488 Riverside Ave., Trenton, NJ. 1ah Civil Foreclosure Action – Filed by Sanford J. Becker, Esq., 20000 horizon Way, Ste. 900, Mount Laurel, NJ – Representing Ditech Financial, LLC. vs. Paul E. Baldassari, et. al. Property Listed: 113 Culbertson Ave., Trenton, NJ. 1ai Civil Order to Show Cause, Track Assignment Notice, Civil Case Information Statement, Verified Complaint with Exhibits, Certification of CJ Griffin, and Letter Brief – Filed by CJ Griffin, Esq., Pashman Stein Walder Hayden, Court Plaza South, 21 Main St., Ste. 200, Hackensack, NJ – Representing Digital First Media d/b/a The Trentonian vs. City of Trenton and Richard M. Kachmar, in his capacity as Municipal Clerk for the City of Trenton. 2. REPORTS 2a City Clerk’s office – Submitting a Raffle Application filed by Catholic War Veterans Holy Cross Post No. 417 for approval to hold a 50/50 Raffle on November 25, 2016. 2b City Clerk’s Office – Submitting the monthly revenue report for the month of August, 2016 for funds collected by the office staff – Total $10,272.70 3. MINUTES FOR APPROVAL Regular Meeting, August 18, 2016 Executive Session, August 18, 2016 Regular Meeting, September 1, 2016 Executive Session, September 1, 2016 4. RESOLUTIONS 16-580 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE PLENARY RETIAL CONSUMPTION W/BROAD PACKAGE LICENSE, 1111-32-110-009, JAQUEZ LIQUORS, INC., FOR THE 2016-2017 LICENSING PERIOD (1261 M.L. KING BLVD.) 16-581 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE PLENARY RETAIL CONSUMPTION LICENSE, 1111-33-005-005, MSOC, LLC. FOR THE 2016-2017 LICENSING PERIOD (905 ANDERSON ST.) 16-582 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS TO MULTIPLE VENDORS FOR THE FURNISHING AND DELIVER OF JANITORIAL SUPPLIES ON AN AS NEEDED BASIS F.O.B. FOR A PERIOD OF TWO (2) YEARS WITH AN OPTION TO EXTEND ONE YEAR FOR THE DIVISION OF PUBLIC PROPERTY IN AN AMOUNT NOT TO EXCEED $56,395.55, BID2016-29 16-583 RESOLUTION AUTHORIZING THE CANCELLATION OF GRANT BALANCE FROM THE EMERGENCY SHELTER GRANT 16-584 RESOLUTION AUTHORIZING AND DIRECTING THE FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT 16-585 RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) 2017 FORD F-250 4WD PICK UP TRUCK OR EQUIVALENT FOR THE DIVISION OF SOLID WASTE FROM CHAS S. WINNER, D/B/A WINNER FORD, 250 BERLIN RD., CHERRY HILL, NJ THROUGH NJ STATE CONTRACT NO T2100 A88726 IN AN AMOUNT NOT TO EXCEED $28,600 16-586 RESOLUTION AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN 9.15.16 Docket Page 3 of 5  ACCORDANCE WITH N.J.S.A. 19:44A-20.4 ET SEQ TO BANC3 INC., 300 ALEXANDER PARK, STE. 350, PRINCETON,NJ FOR STRUCTURAL ENGINEERING SERVICES FOR BUILDING CONDITION ASSESSMENTS FOR DUE DILIGENCE PURPOSES FOR ROEBLING BLOCK 2 FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $49,860.00, RFP2016-23 16-587 RESOLUTION AUTHORIZING EMERGENCY APPROPRIATIONS TO THE SFY 2017 TEMPORARY BUDGETS OF THE CITY OF TRENTON CURRENT FUND 16-588 RESOLUTION AUTHORIZING TRANSFERS TO BE MADE BY THE DIRECTOR OF FINANCE TO THE FY 2016 APPROPRIATION RESERVES 16-589 RESOLUTION CONSENTING TO THE EXTENSION OF ACTING DIRECTOR FOR THE DEPARTMENT OF PUBLIC WORKS FOR THE CITY OF TRENTON (SEAN SEMPLE) 16-590 RESOLUTION CONSENTING TO THE EXTENSION OF ACTING DIRECTOR FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT FOR THE CITY OF TRENTON (DIANA ROGERS) 16-591 RESOLUTION FIXING COMPENSATION FOR THE MAYOR, BUSINESS ADMINISTRATOR, CHIEF OF STAFF, MUNICIPAL JUDGES AND DEPARTMENT DIRECTORS OF THE CITY OF TRENTON [POSTPONED UNTIL 10/18/16] 16-592 RESOLUTION AUTHORIZING SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF GARY ADAMS VS. THE CITY OF TRENTON, CLAIM PETITION NUMBER 2010-15407 IN THE CLAIM AMOUNT OF $3,590.00 INCLUDING TRANSCRIPTION FEE 16-593 RESOLUTION AUTHORIZING MEMBERSHIP AND PARTICIPATION IN A WESTERN STATE CONTRACT ALLIANCE – (WSCA-NASPO) COOPERATIVE PURCHASING ORGANIZATION OLD BUSINESS 16-558 RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A MINI GRANT AWARD FOR THE TRENTON BOARD OF EDUCATION TO THE CITY OF TRENTON DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR NURSING SERVICES AT TWO NON-PUBLIC SCHOOLS IN TRENTON. [tabled to 9/15/2016] 5. ORDINANCES INTRODUCTION AND 1ST READING 16-59 ORDINANCE AUTHORIZING THE ESTABLISHMENT OF STERILE SYRINGE ACCESS PROGRAM(S) IN THE CITY OF TRENTON 16-60 ORDINANCE AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY LOCATED AT 334-336 NORTH OLDEN AVE. AND 398 NORTH OLDEN AVE., PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1, ET SEQ. TO ALEXANDER PARUBCHENKO AND DOUGLAS TOLEDO 16-61 ORDINANCE RESCINDING ORDINANCE 16-09 WHICH PREVIOUSLY AUTHORIZED THE SALE OF CITY OWNED PROPERTY TO JAMES WILLIAMS 16-62 ORDINANCE AUTHORIZING THE SALES OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 24 LASALLE AVE., BLOCK 34103, LOT 9 PURSUANT TO N.J.S.A. 40A:12-13(B)(5) TO 9.15.16 Docket Page 4 of 5  MARKUS GREEN FOR $5,000 PUBLIC HEARING AND 2ND READING 16-46 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 50 DUNHAM ST., BLOCK 4502 LOT 56 PURSUANT TO N.J.S.A. 40A:12A-8(G) TO DERRICK WILSON FOR SUM OF $4,000 16-47 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 10 HURLEY ST., BLOCK 1802 LOT 10 PURSUANT TO N.J.S.A. 40A:12A-8(G) TO DERRICK WILSON FOR SUM OF $5,000 16-48 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 236 AND 238 DICKINSON ST., BLOCK 22305 LOT 1 AND 1.01, TO VICTOR GUIJARRO PURSUANT TO N.J.S.A. 40A:12A-8(G) FOR THE TOTAL SUM OF $1,500 16-49 FISCAL YEAR 2017, AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) 16-50 ORDINANCE ESTABLISHING SALARY RANGES FOR THE MAYOR, BUSINESS ADMINISTRATOR, CHIEF OF STAFF, MUNICIPAL JUDGES, CHIEF MUNICIPAL JUDGE, DEPARTMENT DIRECTORS, DIVISION DIRECTORS, AND CITY COUNCIL MEMBERS [amended 8/18/2016] [POSTPONED UNTIL 10/18/16] 16-51 ORDINANCE ESTABLISHING SALARY RANGES FOR CITY COUNCIL MEMBERS [introduced 8/18/2016] [POSTPONED UNTIL 10/18/16] 16-52 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 352 WALNUT AVE. (BLOCK 26504, LOT 15) PURSUANT TO N.J.S.A. 40A:12-13.2(B)(5), TO JAMES HUMPHREY FOR THE SUM OF $1,500 16-53 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 107 SPRING ST. (BLOCK 3701, LOT 11) PURSUANT TO N.J.S.A. 40A:12-13.2(B)(5), TO GERMAN SEGOVIA-LOPEZ FOR THE SUM OF $1,200 16-54 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 70 WALL ST. (BLOCK 1403 LOT 70) PURSUANT TO N.J.S.A. 40A:12A-8(G) TO YOLANDA GULLEY FOR THE TOTAL SUM OF $1,100 16-55 ORDINANCE AUTHORIZING THE ACQUISITION BY GIFT OF CERTAIN REAL PROPERTY LOCATED AT 305-309 LAMBERTON ST. (BLOCK 10802 LOT 9), PURSUANT TO N.J.S.A. 40A:12A-8 16-56 ORDINANCE REQUIRING THE RETROFITTING OF EXISTING STORM DRAIN INLETS ON PRIVATE PROPERTY 16-57 ORDINANCE TO REGULATE THE OUTDOOR APPLICATION OF FERTILIZER 16-58 ORDINANCE REQUIRING DUMPSTERS AND OTHER REFUSE CONTAINERS THAT ARE OUTDOORS OR EXPOSED TO STORM WATER TO BE COVERED AT ALL TIMES. Public Hearing and 2nd Reading for Ordinances 16-59 thru 16-52 will be held October 6, 2016 9.15.16 Docket Page 5 of 5