KEEP THE LEAD IN
City Council rejects $15M TWW bond package for lead removal, seeks exclusive lawyer »
TRENTON » An urgent Trenton Water Works infrastructure project could be imperiled.
City Council rejected a proposed bond ordinance Tuesday night that would have authorized $15 million in bonds to finance Phase 3 of TWW’s lead service line replacement program.
The measure needed at least five “yes” votes to pass, but only four of the council members supported the ordinance.
At-large Councilman Santiago Rodriguez and West Ward Councilwoman Robin Vaughn did not vote on the bond package, and Council President Kathy McBride voted no, killing the ordinance proposal.
In public comments, West Ward resident Cherie Garrette said TWW is spending “too much money” on outside contractors. “This is a wholesale job,” she said, “but you priced it at retail prices. It’s just ridiculous.”
Another member of the public, Caitlin Fair, called for council to pass the proposed ordinance.
“This is an extremely costly project,” Fair said, but she also told council to “move forward” with the project so TWW customers can have lead-free drinking water.
“This is an extremely urgent issue,” she said. “I don’t think we can wait to replace our lead lines.”
“I think it is very important to invest in the very necessary infrastructure upgrades in order for Trenton Water Works to provide clean drinking water for those who use it,” At-large Councilman Jerell Blakeley said at Tuesday’s virtual meeting. “Lead is scary.”
The bond ordinance called for $15 million in lead service line replacements, but 50% of the cost would have been forgiven under a state financing program, according to city officials.
The Phase 3 project was slated to begin in June 2021 and called for 1,850 lead service lines to be removed by May 2022, but council’s failure to approve the bond ordinance could potentially set the city back in meeting its legal obligations to maintain the water utility.
Trenton is under two administrative consent orders with the New Jersey Department of Environmental Protection requiring the city to make necessary improvements to the public water system, including the replacement of so-called LSLs or lead service lines.
The state Department of Environmental Protection earlier this year filed a lawsuit against Trenton and TWW seeking to compel the capital city to urgently replace leaded pipes with lead-free alternatives.
TWW provides drinking water to approximately 63,000 metered customers and more than 200,000 people in Trenton, Ewing, and portions of Hamilton, Hopewell and Lawrence townships. The utility has a long history of documented snafus, including a record 13 violations in 2018.
Lawyer up
McBride at Tuesday’s council meeting introduced a walk-on ordinance that calls for City Council to retain its own separate legislative counsel. The ordinance would direct the city Law Department to provide legal advice exclusively to the executive branch, and City Council would hire its own exclusive legal representation for legal advice.
Assistant city attorney Rashaan S. Williams, Trenton’s acting law director, said he did not sign off on the proposed ordinance because “It does not comply with the Faulkner Act.”
“I don’t know what part of this could be considered proper,” Williams added. “This just isn’t legal.”
Williams said he understands that Judge Mary Jacobson of the Superior Court has already ruled on this issue, making it clear that “the law department is this council’s counsel.”
The governing body introduced the ordinance by a 4-2 vote, with South Ward Councilman George Muschal abstaining and Blakeley and East Ward Councilman Joe Harrison voting no.
“I’m not sure why we’re doing this again,” Harrison said in public comments, “wasting more money.”
With the ordinance being introduced, City Council will consider approving it at a future public hearing.
Blakeley said the proposed ordinance is “illegal,” “redundant,” and a “waste of money” and said it is a “really, really poor decision.”
Vaughn said the Law Department has done an inadequate job advising the legislative body and expressed support for McBride’s walkon proposal.
“What we need to do,” Vaughn said, “is have a legitimate debate about it.”
Budget matters
The state Department of Community Affairs has served a letter chastising Trenton for not yet introducing a fiscal year 2021 municipal budget, according to city Business Administrator Adam Cruz. He said the city was waiting to hear from DCA concerning transitional aid funding but said the Mayor Reed Gusciora administration intends to introduce its budget proposal before the deadline of Jan. 15, 2021.
The city could potentially face monetary fines if it fails to meet the deadline.
Council members at Tuesday’s meeting also discussed how DCA wants more oversight or input concerning Trenton’s annual capital city aid.
“I am shocked that this is a possibility,” Blakeley said. “I am outraged. I am appalled.”
Frontline workers
City Council on Tuesday recognized the following businesses for providing goods or services during the COVID-19 pandemic: Arlee’s Raw Blends; Beauty World; the Bits and Pieces uniform store; Casablanca Restaurant; Delia’s Empanada Café; Fabio’s Pizza; Golden Chicken; House of Highend, Manny’s HVAC and Home Improvements; Monchy Deli Grocery; Sabor Latino Restaurant, Success Barber Shop and Salon; and Tony’s Liquor Store.