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- JANUARY 5, 2017 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 December 4, 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; Francis Blanco, Chief of Staff; Walter Denson, Esq., Law; James Brownlee, H&HS; Diana Rogers, H&ED; Qareeb Bashir, TFD; Ernest Parrey, TPD; Ron Zilinski, Finance; Les Graham, Inspections; Merkle Cherry, PW VI. CIVIC MATTERS VII. PUBLIC COMMENT VIII. EXECUTIVE SESSION – Attorney/Client Privilege: Staton/Holly-Ward Report IX. ADJOURNMENT Next Council Meeting -January 19, 2017 ACTION MAY BE TAKEN AT THIS MEETING Zachary A. Chester, Council President  DOCKET THURSDAY, JANUARY 5, 2017 1. COMMUNICATIONS AND PETITIONS 1a Civil Action Submitted Invoice for Professional Services Rendered by Florio, Kenny Raval, LLP, 5 Marine View Plaza, Ste. 103, PO Box 771, Hoboken, NJ – Representing Deborah Richardson vs. City of Trenton, et. al. 1b Civil Action Complaint for Foreclosure of Tax Sale Certificate – Filed by Amber J. Monroe, Esq., Gary C. Zeitz, LLC., 1101 Laurel Oak Road, Ste. 170, Voorhees, NJ – Representing MTAG CUST ALTERNA Funding I, LLC, vs. George Williams; Mrs. Williams; spouse of George Williams; Bank of America; City of Trenton, et. al 1c Civil Action Notice of Motion for Entry of Judgment – Filed by Lucas M. Anderson, Esq., Stern & Eisenberg, PC, 1040 North Kings Highway, Ste. 407, Cherry Hill, NJ – Representing Bank of America, N.A., vs. Richard Moore, et. al. 1d Tort Claim Notice for Property Damages – Filed by Kerry Kent, Claims Manager, Comcast, PO Box 271504, Littleton, CO 80127 – Representing Comcast Cable. 1e Civil Action Summons Complaint and Jury Demand for Answers to Interrogatories – Filed by Lee H. Engelman, Esq., 116 Washington Crossing Road, Pennington, NJ – Representing Agatha Mich vs. City of Trenton, Lawrence Township, Ewing Township and/or XYZ Corporation, Township or Entity, Jane Doe/John Doe, Trenton Patrolman Kopezynski, Lawrence Patrolman Laux, Lawrence Patrolman Robert Wagner, NJ Manufacturers, et. al 1f Civil Action Summons Complaint and Jury Demand – Filed by Lawrence E. Popp, Esq., Gaylord Popp, LLC., 850 Bear Tavern Road, Ste. 308, Trenton, NJ – Representing Gabriel A. Acevedo vs. COT, et. al. 1g Public Notice Public Service Electric & Gas Company for Approval of the Construction of the Mason Substation Damaged During Superstorm Sandy. 1h Civil Foreclosure – Filed by Sarah E. Powers, Esq., Powers Kirn, LLC., 728 Marne Highway, Ste. 200, Moorestown, NJ – Representing NJ Housing and Mortgage Finance Agency vs. Michelle Walker aka Michelle C. Walker, et. al. Property Listed: 224 South Cook Avenue, Trenton, NJ. 1i Civil Request and Certification of Default – Filed by Steven P. Kelly, Esq., Stern Eisenberg, PC, 1040 North Kings Highway, Ste. 407, Cherry Hill, NJ – Representing Waterfall Victoria Grantor Trust II, Series G vs. Ekie Karbah, Mr. Karbah, Unknown Spouse of Ekie Karbah, City of Trenton, et. al. Property Listed: 230 Passaic Street, Trenton, NJ 1j United States Bankruptcy Court District of NJ Chapter 13 Plan and Motions Modified/Notice Required Discharge Sought – Cynthia McMullen (Debtor). 1k United States Bankruptcy Court District of NJ Chapter 13 Plan and Motions Modified/Notice Required Discharge Sought – Harold D. Claytor (Debtor). 1l Tort Claim Notice for Damages – Filed by Michael T. VanderVen, Esq., 1219 Spruce Street, Philadelphia, PA – Representing Horace Grant, 47 South Hermitage Avenue, Trenton, NJ - Against the City of Trenton. 1m Tort Claim Notice for Personal Injury – Filed by David P. Silber, Esq., 850 Bear Tavern Road, Ste. 308, West Trenton, NJ – Representing Lawese Tilson-Peters, 18 LaSalle Avenue, Trenton, NJ – Against the City of Trenton. 1n Tort Claim Notice for Personal Injury – Filed by William G. Blaney, Esq., 2123 Dune Drive, Ste. 11, Avalon, NJ – Representing Rene’ M. Pistilli—Leonard, 2787 East Grant Avenue, Williamstown, NJ – Against the City of Trenton. 1.5.17 Docket Page 1 of 5  1o IAT Project Development, LLC, Pennoni Associates Classification Exception Area (CEA)/Well Restriction Area (WRA) – Site: International Academy of Trenton Charter School/Former Times of Trenton, 500, 502-510 Perry Street, Trenton, NJ 1p Tort Claim Notice for Personal Property Damage – Filed by David Kenny, Esq., Kenny Case & Costa, 3812 Quakerbridge Road, Hamilton, NJ – Representing Terry Wells & Alice Wells, 56 Mechanics Avenue, Trenton, NJ 1q Notice of Sheriff Sale – 595-597 Centre Street, Trenton, NJ, on January 4, 2017. 2. REPORTS 2a City Clerk’s Office – Submitting a Raffle Application for approval filed by Divine Mercy Parish, to hold an on premise 50/50 raffle on April 30, 2017. 3. MINUTES FOR APPROVAL Conference Session, December 13, 2016 Executive Session, December 13, 2016 Regular Meeting, December 15, 2016 4. RESOLUTIONS 17-1 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE PLENARY RETAIL CONSUMPTION LICENSE# 1111-33-032-010, OLDEN AVENUE CLUBHOUSE, LTD FOR THE 2016-2017 LICENSING PERIOD 17-2 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE PLENARY RETAIL CONSUMPTION LICENSE #1111-33-126-006, BALCONE, VINO & CUCINA, INC. FOR THE 2016-2017 LICENSING PERIOD 17-3 RESOLUTION APPROVING PERSON-TO-PERSON AND PLACE-TO-PLACE TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-126-007, FROM BALCONE, VINO & CUCINA, INC. TO CASA BLANCA RESTAURANT & BAR, INC. 17-4 RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH ZOMPARELLI CONTRACTORS, LLC FOR THE TRENTON ADA RAMPS PHASE 1 FOR THE DEPARTMENT OF PUBLIC WORKS 17-5 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH GRES PAVING CO., 2475 EAST STATE STREET, TRENTON, NJ WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY ROADWAY RESTORATION SERVICES FOR THE CITY OF TRENTON, TRENTON WATER WORKS IN AN AMOUNT NOT TO EXCEED $47,552.50 17-6 RESOLUTION RESCINDING RESOLUTION 16-773, WHICH ADOPTED AN ESTIMATED TAX LEVY FOR THE PURPOSE OF ISSUING 2017 1ST QUARTER TAX BILLS 17-7 RESOLUTION AUTHORIZING THE CANCELLATION OF OLD GRANT BALANCES FROM THE STATE AND FEDERAL GOVERNMENTS 17-8 RESOLUTION AWARDING PROFESSIONAL SERVICE CONTRACT THROUGH A FAIR AND OPEN 1.5.17 Docket Page 2 of 5  PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.4 ET SEQ TO ENVIROSCAN, INCORPORATED, 1051 COLUMBIA AVENUE LANCASTER, PA TO CONDUCT A GEOPHYSICAL INVESTIGATION IN ACCORDANCE WITH INDUSTRY STANDARDS AT THE HISTORIC LOCUST HILL CEMETERY SITE, HART AND OAK STREET IN AN AMOUNT NIT TO EXCEED $5,150.00, RFO2016- 33 17-9 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO LEVY CONSTRUCTION COMPANY, INCORPORATED, 134 CUTHBERT BLVD., AUDUBON, NJ FOR STRUCTURAL RESTORATION OF FIREHOUSE ENGINES 6 & 7 IN AND AMOUNT NOT TO EXCEED $326,196.80, BID2016-79 17-10 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO J&H BERGE, INCORPORATED, 4111 S. CLINTON AVENUE, S. PLAINFIELD, NJ FOR THE FURNISH AND DELIVERY OF LABORATORY BACTERIOLOGICAL SUPPLIES IN AN AMOUNT NOT TO EXCEED $20,265.66, BID1016-96 17-11 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO BRITTON INDUSTRIES, INCORPORATED, 227 BAKER BASIN ROAD, LAWRENCEVILLE, NJ FOR THE REMOVAL OF STOCKPILED AND STORED EXCAVATED MATERIALS FOR TRENTON WATER UTILITY FOR A PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $123,315.00, BID2016-93 17-12 RESOLUTION AUTHORIZING AWARD OF A CONTRACT WITH THE LAW OFFICE OF CONNELL FOLEY, LLP, 85 LIVINGSTON AVENUE, ROSELAND, NJ FOR PROFESSIONAL LEGAL SERVICES REGARDING INSURANCE LITIGATION ON BEHALF OF THE CITY OF TRENTON IN AN AMOUNT NOT TO EXCEED $40,000.00 17-13 RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5- 113 TO AJAX DOWNTOWN 2, LLC 17-14 RESOLUTION REJECTING BIDS FOR RESTORATION OF WINDOW, DOOR AND ROOF AT THE WILLIAM TRENT HOUSE, BID2016-59 17-15 RESOLUTION ADOPTING AN ESTIMATED TAX LEVY FOR THE PURPOSE OF ISSUING 2017 1ST QUARTER TAX BILLS 17-16 RESOLUTION ACCEPTING A BID AND AUTHORIZING THE PUBLIC SALE OF CITY-OWNED PROPERTY LOCATED AT 511 MONMOUTH STREET TO ZULEMA PEREZ-LOPEZ AND ELVYN LOPEZ FOR THE SUM OF $5,000 17-17 RESOLUTION AMENDING RESOLUTION 16-162, RESCINDING THE SALE OF CERTAIN PROPERTY AUTHORIZED THEREBY, AND AUTHORIZING THE RETURN OF A DEPOSIT 17-18 RESOLUTION AUTHORIZING EMERGENCY APPROPRIATIONS TO THE SFY 2017 TEMPORARY BUDGETS OF THE CITY OF TRENTON CURRENT FUND 17-19 RESOLUTION APPOINTING ANNE LABATE A MEMBER THE TRENTON PARKING AUTHORITY FOR A FIVE YEAR TERM ENDING DECEMBER 31, 2021 1.5.17 Docket Page 3 of 5 17-20 RESOLUTION APPOINTING ANDREW WOREK A MEMBER THE TRENTON PARKING AUTHORITY FOR A FIVE YEAR TERM ENDING DECEMBER 31, 2021 17-21 RESOLUTION APPOINTING HARRY REYES A MEMBER THE TRENTON PARKING AUTHORITY FOR A FIVE YEAR TERM ENDING DECEMBER 31, 2021 17-22 RESOLUTION APPOINTING PERRY L. SHAW III A MEMBER THE TRENTON PARKING AUTHORITY FOR A FIVE YEAR TERM ENDING DECEMBER 31, 2021 17-23 RESOLUTION AUTHORIZING THE SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF PAUL BETHEA VS. THE CITY OF TRENTON, CLAIM PETITION NUMBERS 2014-16416; 2013-12195; AND 2014-30342 IN THE CLAIM AMOUNT OF $57,477.10 INCLUDING ATTORNEY FEES AND COSTS. 17-24 RESOLUTION AUTHORIZING THE SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF PAUL BETHEA VS. THE CITY OF TRENTON, CLAIM PETITION NUMBER 2011-30928 IN THE CLAIM AMOUNT OF $27,437.95 INCLUDING ATTORNEY FEES AND COSTS 17-25 RESOLUTION AUTHORIZING THE SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF SAMUEL JOHNSON VS. THE CITY OF TRENTON, CLAIM PETITION NUMBER 2014- 28879 IN THE CLAIM AMOUNT OF $14,753.59 INCLUDING ATTORNEY FEES AND COSTS 17-26 RESOLUTION AUTHORIZING THE SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JUDY JONES VS. THE CITY OF TRENTON, CLAIM PETITION NUMBER 2013-34991 IN THE CLAIM AMOUNT OF $5,090.00 INCLUDING ATTORNEY FEES AND COSTS 17-27 RESOLUTION AUTHORIZING THE SETTLEMENT OF A WORKERS COMPENSATION CLAIM IN THE MATTER OF JUANIKA WILLIS VS. THE CITY OF TRENTON, CLAIM PETITION NUMBER 2009-29242 IN THE CLAIM AMOUNT OF $44,719.17 INCLUDING ATTORNEY FEES AND COSTS 17-28 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL ACTION CLAIM IN THE MATTER OF MICHAEL MORRIS VS. THE CITY OF TRENTON, ET AL (IN AN AMOUNT NOT TO EXCEED $195,000 INCLUDING ATTORNEY FEES AND COSTS) 17-29 RESOLUTION EXERCISING THE OPTION TO EXTEND A CONTRACT WITH PRIMEPOINT, 2 SPRINGSIDE ROAD, MOUNT HOLLY, NJ FOR SIX MONTH TO CONTINUE TO PROVIDE PAYROLL AND HUMAN RESOURCES INFORMATION SYSTEM SERVICES FOR THE CITY OF TRENTON IN AN AMOUNT NOT TO EXCEED $65,000. 17-30 RESOLUTION AUTHORIZING A MEETING WHICH EXCLUDES THE PUBLIC (Pending Litigation: M. Morris vs. COT; Infinity Family, LLC vs. COT) [formal action taken on 1/3/17] 17-31 RESOLUTION AUTHORIZING A MEETING WHICH EXCLUDES THE PUBLIC (Attorney/Client Privilege: Staton/Holly-Ward Report) [formal action to be taken on 1/5/17] 1.5.17 Docket Page 4 of 5 5. ORDINANCES 2nd Reading and Public Hearing 16-70 AN ORDINANCE CREATING THE POSITION OF RECREATION DIVISION DIRECTOR, FIXING THE SALARY RANGE, THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME 16-71 AN ORDINANCE CREATING THE POSITION OF SUPERVISOR OF BILLING AND COLLECTING IN THE WATER UTILITY, WATER BILLING OFFICE, FIXING THE SALARY RANGE, THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME 16-72 AN ORDINANCE CREATING THE POSITION OF SENIOR EMPLOYEE BENEFITS CLERK, FIXING THE SALARY RANGE AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THIS RANGE FOR AFSCME LOCAL #2286 16-73 ORDINANCE PROHIBITING SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 16-74 ORDINANCE AMENDING ORDINANCE 16-65 WHICH AUTHORIZED THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF TRENTON AND MARINE TERMINAL URBAN RENEWAL ASSOCIATES FOR THE CITY-OWNED PROPERTY LOCATED AT 1545 LAMBERTON STREET 16-75 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAY AS 228 EAST HANOVER STREET, BLOCK 604, LOT 10 PURSUANT TO N.J.S.A. 40A:12A-8(G), TO AJAX DOWNTOWN 2, LLC FOR THE SUM OF $1,000. 1st Reading and Introduction 17-1 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTY IDENTIFIED ON THE CITY TAX MAP AS 31 KELSEY AVENUE (BLOCK 33303, LOT 14), PURSUANT TO N.J.S.A. 40A:12-13.2 AND 40A:12-13(B)(5) TO ELDORA BROWN FOR THE SUM OF $700 17-2 ORDINANCE CREATING THE POSITION OF PAYROLL SUPERVISOR IN THE DEPARTMENT OF ADMINISTRATION, FIXING THE SALARY RANGE, THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME. Public Hearing and 2nd Reading for Ordinances 17-01 and 17-02 to be held on January 19, 2017 1.5.17 Docket Page 5 of 5