CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, APRIL 16, 2013 AT 5:30 P.M.

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1 MEMBERS ALEX BETHEA MARGE CALDWELL-WILSON ZACHARY CHESTER PHYLLIS HOLLY-WARD KATHY MCBRIDE GEORGE MUSCHAL VERLINA REYNOLDS-JACKSON CITY COUNCIL OFFICE: (609) FAX: (609) CITY CLERK OFFICE: (609) FAX: (609) CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, APRIL 16, 2013 AT 5:30 P.M. AGENDA Amended 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 12, I. CALL TO ORDER II. ROLL CALL III INVOCATION IV FLAG SALUTE V PRESENTATION: Council Honors Excellence in Education VI PUBLIC COMMENT (Comments should be limited to 3 minutes) VII CIVIC COMMENTS VIII DOCKET REVIEW IX ADJOURN ACTION MAY BE TAKEN AT THIS MEETING Phyllis Holly Ward, Council President Leona Baylor, City Clerk

2 1. COMMUNICATIONS AND PETITIONS 1a 1b 1c DOCKET TUESDAY, APRIL 16, 2013 Tort Claim Bill Runyon, Active Auto Sales, 2216 Old York Road, Bordentown, New Jersey Filed a claim against the City of Trenton for property damage. Tort Claim Elizabeth A. Stewart, 130 McClellan Avenue, Hamilton, New Jersey Filed a claimed against the City of Trenton for personal Injury. Civil Action Fein, Such, Kahn & Shepard, P.C., 7 Century Drive, Suite 201, Parsippany, New Jersey Representing JP Morgan Chase Bank, National Association v. Daphnea Lewis, et al 1d Civil Action Zucker, Goldberg & Ackerman, 200 Sheffield Street, Suite 301, P.O. Box 1024, Mountainside, New Jersey, Representing PennyMac Corp. v. Miguel A. Hernandez; et al 1e Civil Action C. Edward Speidel, The Spadaccini Law Firm, LLC., 98 Franklin Corner Road, Lawrenceville, New Jersey Representing AXA/WCA Towing, LLC v. City of Trenton 1f Civil Action Gary C. Zeitz, LLC, 1105 Laurel Oak Road, Suite 136, Voorhees, New Jersey Representing Sass Muni V, LLC through its custodian U.S. Bank N.A. v. Legacy Development Associates, LLC, et al 1g 1h 1i 1j 1k 1l Civil Action - Pellegrino & Feldstein, LLC, 290 Route 46 West, Denville, NJ Representing MACWCP II LLC, v. Equity Trust Company Custodian FBO #679101RA; City of Trenton; County of Camden; State of New Jersey Civil Action William A. Slover, 2 Route 31 North, Pennington, New Jersey Representing Nathan Kleeman and Larry Kleeman, 405 East Pennsylvania Blvd., Feasterville, PA v. The City of Trenton. Civil Action Pluese, Becker & Saltzman, LLC, Horizon Way, Suite 900, Mt. Laurel, New Jersey Representing New Jersey Housing and Mortgage Finance Agency v. Jesiel Vargas, et al Civil Action Andrea Hemschoot, 5 South Maple Avenue, Marlton, New Jersey Representing Kenneth Lugo, Robert Malagrino, Trenton PBA Local #11 v. City of Trenton, Acting Captain Paul Messina, Ralph Rivera, Director of Police, Joseph J. Santiago former Director of Police and John Does Township of Hamilton Submitted a copy of proposed Ordinance ORDINANCE AMENDING AND SUPPLEMENTING THE LAND DEVELOPMENT CODE, HAMILTON TOWNSHIP, NEW JERSEY, CHAPTER 160, LAND DEVELOPMENT, ARTICLE V, EXCEPTIONS, MODIFICATIONS AND DEVELOPMENT ALTERNATIVES, SECTION , CONDITIONAL USES MetroPCS Submitted a notice advised the City of Trenton that they are going to entered into a Business Combination Agreement by and among Deutsche Telekom AG, T-Mobile Global and T- Mobile USA 1m Scarinci Hollenbeck, 1100 Valley Brook Avenue, P.O. Box 790, Lyndhurst, New Jersey Submitted a Notice to notify the City of Trenton that on February 27, 2013, Comcast of Mercer County, LLC, and Comcast of Hopewell Valley, Inc filed a petition with the New Jersey Board of Public Utilities seeking approval of the consummation of a transaction whereby COHV shall be merged with and into CMC, with CMC as the surviving entity. 1n ARORA AND ASSOCIATES, P.C., consulting engineers, Princeton Pike Corporate Center, 1200 Lenox Drive, Suite 200, Lawrenceville, NJ Submitted a copy of the Application for flood hazard area verification and individual permit and application for freshwater wetlands general permit 10-a and interpretation for the North Olden Avenue extension over West Branch of Shabakunk Creek, Ewing, NJ

3 1o PSE&G Submitted a letter as a follow up to their request in January, 2013 for a copy of the City of Trenton 2013 Road Resurfacing and Reconstruction Program. 1p The Oxford Group Submitted a copy of a summary report format of an office building located at 16 West Front Street, Trenton, NJ 1q 1r 1s 1t 1u County of Mercer Submitted a Notice notifying the City of Trenton that the Budget meeting schedule for April 11, 2013 has been canceled. CSG, Environmental Consultants Submitted a copy of a letter addressed to Ms. Allegra F. Dengler regarding the Amendment to the Response Action Outcome for a property located at 1133 Pennsylvania Avenue, Trenton, NJ Sadat Associates, Inc., Engineering & Environmental Science Submitted a copy of a letter addressed to NJDEP, Site Remediation Program regarding a property located at Brunswick Avenue, Trenton, NJ Sadat Associates, Inc., Engineering & Environmental Science Submitted a copy of a letter addressed to NJDEP, Site Remediation Program regarding a property located at 1300 Stuyvesant Avenue, Trenton, NJ Tax Appeals 50 Petition of Appeal for taxes were filed with the City Clerk s Office 1v Tort Claim Stark & Stark, 993 Lenox Drive, Lawrenceville, NJ Representing O Neil Burns, 2 Rogers Avenue, Apt. 1A, Trenton, NJ on a claim against the City of Trenton for personal injury 1w 1x County of Mercer Submitting the Equalization Table for Mercer County for the 2013 Year New Jersey Transit Corporation Submitting a copy of their Fiscal year 2013 request for Federal Financial Assistance. 1y County of Mercer Mercer County Board of Chosen Freeholds submitted copies of Ordinance through which were adopted at their meeting held on March 14, REPORTS 2a 2b City Clerk s Office Money Reports for the Month of March, 2013 of revenue collected by the City Clerk s Office and deposited with the Finance Department. City Clerk s Office Reporting that three Raffle Applications were filed with the Clerk s Office for approval from City Council to hold 50/50 Raffles: Blessed Sacrament Church, St. Mary s Catholic Church and MCV Social Club. 3. MINUTES FOR APPROVAL 2013 ABC Meeting, March 28, 2013 ABC Executive Session, March 28, 2013 Regular Meeting, April 2, RESOLUTIONS FOR REVIEW RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH EAGLE CONSTRUCTION, INC., 1624 JACKSONVILLE ROAD, BURLINGTON, NEW JERSEY 08016, FOR THE FURNISHING AND DELIVERY OF ALL LABOR EQUIPMENT AND MATERIALS FOR THE CONSTRUCTION OF A FOOTBALL AND SOCCER COMPLEX AT CALHOUN STREET PARK ($128,445.52) RESOLUTION TO AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET. SEQ. TO GOLDMAN, BEALE ASSOCIATES, 45 NURSERY ROAD, TITUSVILLE, NEW JERSEY TO PROVIDE PROFESSIONAL FINANCIAL

4 ADVISORY SERVICES AS AN INDEPENDENT CONTRACTOR AS IT RELATES TO THE ISSUANCE OF BONDS AND//OR NOTES AND OTHER NON-ISSUANCE SERVICES (Not to exceed $25,000.00) RESOLUTION AMENDING THE AWARD OF A CONTRACT TO MERCADIEN, P.C., 3625 QUAKERBRIDGE ROAD, HAMILTON, NEW JERSEY TO PROVIDE PROFESSIONAL MUNICIPAL AUDITOR SERVICES FOR THE DEPARTMENT OF FINANCE THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ RESOLUTION ADOPTING A CASH MANAGEMENT PLAN FOR THE DEPOSIT AND INVESTMENT OF PUBLIC FUNDS OF THE CITY OF TRENTON RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION LLC, 4 YOUNGS ROAD, HAMILTON, NEW JERSEY 08619, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF RUTHERFORD AVENUE TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (Amount $31,790.00) RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION LLC, 4 YOUNGS ROAD, HAMILTON, NEW JERSEY 08619, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 2 ½ HUMBOLDT STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION (Amount $28,115.00) RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO G.M.H. ASSOCIATES OF AMERICA, INC., 5 CHELTEN WAY, BUILDING 15, TRENTON, NEW JERSEY FOR REPLACEMENT OF ONE (1) DBS44-RD-30 ROTARY ARM DISTRIBUTOR BEARING, FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF SEWER UTILITY; FOR A PERIOD OF ONE YEAR FROM APRIL 1, 2013 MARCH 31, 2014 IN THE AMOUNT NOT TO EXCEED $39, BID RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO TRANS-BEARING COMPANY, INC., 1771 ROUTE 34, WALL, NEW JERSEY TO FURNISH AND DELIVER ONE (1) INCLINE GRIT SCREW CONVEYOR FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER WORKS FOR THE PERIOD OF ONE YEAR; BEGINNING APRIL 1, 2013 MARCH 31, 2014 FOR THE AMOUNT NOT TO EXCEED $24, BID RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO SPECTRASERV, INC., 75 JACOBUS AVENUE, KEARNEY, NEW JERSEY FOR THE CLEANING OF THE SEWERAGE TREATMENT PLANT MAIN PUMP STATION WET WELL AND REPLACEMENT OF TWO (2) 16 INCH MAIN PUMP STATION PUMP ISOLATION VALVES FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF SEWER UTILITY, FOR A PERIOD OF ONE YEAR BEGINNING MARCH 21, 2013 THROUGH MARCH 20, 2014 IN THE AMOUNT NOT TO EXCEED $147, BID NO RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO RUSLING PAVING & CONCRETE, LLC, 8 IRVEN STREET, TRENTON, NEW JERSEY FOR 2013 ROADWAY RESTORATION WITHIN THE CITY OF TRENTON FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER UTILITY FOR THE PERIOD OF ONE YEAR BEGINNING APRIL 1, 2013 MARCH 31, 2014 IN THE AMOUNT NOT TO EXCEED $268, BID NO RESOLUTION AWARDING A CONTRACT THROUGH A FAIR & OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44 A-20.4 ET SEQ. TO SADAT ASSOCIATES, 1545

5 LAMBERTON ROAD, P.O. BOX 4129, TRENTON, NEW JERSEY FOR ENGINEERING CONSULTING SERVICES FOR ENVIRONMENTAL FILE REVIEW AND WORK COPE DEVELOPMENT FOR VARIOUS CITY OF TRENTON FACILITIES; FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF PUBLIC PROPERTY RFP # 120B (Not to exceed $8,500.00) 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 VAN NOTE-HARVEY ASSOCIATES, P.C., 777 ALEXANDER ROAD, PRINCETON, NEW JERSEY FOR DEVELOPMENT AND PREPARATION OF THE CONSUMER CONFIDENCE REPORT; FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER FROM APRIL 1, 2013 THROUGH NOVEMBER 1, 2013 IN THE AMOUNT NOT TO EXCEED $13, RFP RESOLUTION ACCEPTING PROPOSAL AND AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET. SEQ. TO HATCH MATT MCDONALD, 27 BLEEKER STREET, MILLBURN, NEW JERSEY , FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN PHASE AND BID PHASE AND FOR CONSTRUCTION PHASE FOR EWING BOOSTER STATION IMPROVEMENTS BEGINNING MARCH 21, 2013 THROUGH SEPTEMBER 20, 2013 FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, TRENTON WATER UTILITY IN THE AMOUNT NOT TO EXCEED $97, RFP # RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH SHAFTS AND SLEEVES CO., INC., P.O. BOX 153, ROEBLING, NJ 08554, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF THE EASTSIDE COMBINED SEWAGE PUMPING STATION BAR SCREEN SYSTEM (Amount $99,528.32) RESOLUTION AUTHORIZING A CONTRACT WITH FORD METER BOX COMPANY, INC., 775 MANCHESTER AVENUE, P.O. BOX 443, WABASH, INDIANA , FOR PROVIDING THE NECESSARY REPAIR AND RECALIBRATION OR REPLACEMENT PARTS FOR THE WATER METER TEST BENCH FOR THE CITY OF TRENTON, TRENTON WATER WORKS (Not to exceed $17,848.77) RESOLUTION AUTHORIZING PAYMENT FOR DEWCON, INC., P.O. BOX 439, BASKING RIDGE, NEW JERSEY WAS AWARDED ON AN EMERGENCY BASIS REPAIR A 6 WATER MAIN LEAK ON SOUTH BROAD STREET AT US ROUTE 130 BRIDGE, HAMILTON TOWNSHIP, NJ (Amount $21,988.79) RESOLUTION AUTHORIZING A CONTRACT WITH DEWCON, INC., P.O. BOX 439, BASKING RIDGE, NEW JERSEY WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE EMERGENCY CLEANING AND CEMENT MORTAR LINING OF WATER MAINS IN THE CLAMER AVENUE AND SURROUNDING AREAS (A.K.A. WYNNEWOOD MANOR) OF EWING TOWNSHIP, NJ (Not to exceed $850,000.00) RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE ALLEVIATION OF THE EXTRAORDINARY INCREASE OF WATER SERVICE LEAKS (Amount $17,768.64) RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE ALLEVIATION OF THE EXTRAORDINARY INCREASE OF WATER SERVICE LEAKS (Not to exceed $17,505.63) RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY WHICH

6 WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A 16 WATER MAIN BREAK OPPOSITE 383 WEST STATE STREET, TRENTON, NEW JERSEY (Not to exceed $25,019.41) RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NJ WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE STOCKTON AND FRONT STREET 15 SEWER MAIN REPAIR (Not to exceed $75,975.13) A RESOLUTION CERTIFYING THAT THE CITY COUNCIL OF THE CITY OF TRENTON REVIEWED THE BEST PRACTICES INVENTORY QUESTIONNAIRE FOR CITY S FISCAL YEAR RESOLUTION ACCEPTING PROPOSAL AND AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET. SEQ. TO ALICIA G. EBER INTERPRETING SERVICE FOR TRANSLATING/INTERPRETING SERVICE BEGINNING MARCH 21, 2013 THROUGH MARCH 20, 2014 FOR THE TRENTON MUNICIPAL COURT IN THE AMOUNT NOT TO EXCEED $51, RFP # 67B RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:3-1 et seq., N.J.S.A. 40A:2-7(d) AND N.J.S.A. 40A:2-11 AMENDMENT RESOLUTION ACCEPTING BID AND PARTIAL AWARDING CONTRACT TO J & T ELECTRICAL LIGHTING, LLC, 207 PIAGET AVENUE, CLIFTON, NEW JERSEY FOR INSTALLATION OF VARIOUS ENERGY CONSERVATION MEASURES (ECM) IN CITY-OWNED BUILDINGS FOR THE CITY OF TRENTON, DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT CONTRACT PERIOD: SIX (6) MONTHS FROM DATE OF AWARD AMOUNT NOT TO EXCEED $35, BID NO RESOLUTION ACCEPTING BID AND PARTIAL AWARDING CONTRACT TO MACK INDUSTRIES, 506 PERRY STREET, TRENTON, NEW JERSEY FOR INSTALLATION OF VARIOUS ENERGY CONSERVATION MEASURES (ECM) IN CITY- OWNED BUILDINGS FOR THE CITY OF TRENTON, DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT CONTRACT PERIOD SIX (6) MONTHS FROM DATE OF AWARD AMOUNT NOT TO EXCEED $375, BID NO ORDINANCES: Public Hearing and Second Reading ORDINANCE AMENDING ORDINANCE 12-05, RESCINDING THE SALE OF CERTAIN PROPERTY AUTHORIZED THEREBY, AND AUTHORIZING THE RETURN OF A DEPOSIT (Rovelta J. Riley) ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND JAMES DAVIS FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING ( Walnut Avenue) ORDINANCE AMENDING ORDINANCE 10-59, RESCINDING THE SALE OF CERTAIN PROPERTY AUTHORIZED THEREBY, AND AUTHORIZING THE RETURN OF A DEPOSIT (Mario Mastrangeli)

7 13-15 ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTIES TO HABITAT FOR HUMANITY OF THE TRENTON AREA PURSUANT TO N.J.S.A. 40A:12-21(j) (522, 524, 526, 528 and 536 North Clinton Avenue) ORDINANCE RESCINDING THE SALE OF CITY-OWNED PROPERTY PREVIOUSLY AUTHORIZED BY ORDINANCE (32 W. Paul Avenue) ORDINANCE ACCEPTING THE DEDICATION OF NEW A STREET NAMED AS RIDER AVENUE AND A NEW FIRST AVENUE NAMED AS THE CONTINUATION AND RE-OPENING OF MODEL AVENUE AND A NEW FIRST DRIVE NAMED AS CREEK VIEW DRIVE, PART OF THE MUNICIPAL ROAD SYSTEM OF THE CITY OF TRENTON Introduction and First Reading BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATION THE AGGREGATE AMOUNT OF $12,993,170 THEREFOR AND AUTHORIZING THE ISSUANCE OF $12,993,170 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER UTILITY OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $24,190,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $24,190,500 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE SEWER UTILITY OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,200,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,200,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF. AMENDMENT ORDINANCE APPROPRIATING $4,000,000 FROM THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR IMPROVEMENTS TO THE WATER UTILITY IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY ORDINANCE APPROPRIATING $500,000 FROM THE CAPITAL IMPROVEMENT FUND TO PROVIDE FOR IMPROVEMENTS TO THE SEWER UTILITY IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY