CITY OF TRENTON OFFICE OF THE MAYOR Etic E, Jackson Mayor January 18, 2018 Mr. Robert Martin, Commissioner Department of Environmental Protection Office of the Commissioner 401 East State Street Trenton, New Jersey 08608, ear Commissioner Martin, | am in receipt of your fetter of January 12, 2018 In which you expressed concern for the City’s purported failures to take steps to remedy deficiencies in the operation of the Trenton Water Works (TWW)}. | am taken aback and strongly disagree with both your recitation of the facts and mischaracterization of the City’s conduct in addressing the New Jersey Department of Environmental Protection's (NIDEP) concerns with the TWW in your letter. Curiously, you deemed it necessary to send your letter to the press at the conclusion of your tenure as Commissioner of the NIDEP, which Inexplicably omits any of the City’s efforts ‘to comply with NIDEP's directives, Contrary to your assertions, you are certainly well aware of the fact ‘that the City has made every effort to address NIDEP’s concerns to ensure the safe and effective operation of the TWW, some of which have been acknowledged by your counsel, Unfortunately, we experienced significant detays in implementation because many of your directives were Inconsistent, lacked direction ‘and required the City to take actions that ran contrary to local procurement laws. These glaring omissions and other mischaracterizations contained in your letter have unnecessarily caused great consternation ‘and confusion for the TWW customers. Therefore, | send this letter to necessarily correct your misrepresentations and to provide a more accurate picture of what has occurred and where we are now. First, the City has sought to implement strong and strategic solutions at the TWW since the NIDEP first ‘expressed its concerns. To that end, the City is contracting with two first-class, nationally recognized firms to supply staff to immediately fll critical high level licensed positions at the TWW. As you are also well aware, In parallel, we have been structuring a procurement process to bring on a highly qualified entity {for the long-term management of the TWW, which we know will provide the requisite stability, expertise, and efficiency for all our ratepayers. ‘319 Ease State Street + Trenton, New Jersey 08608-1866 + Phone: 609-989-3030 * Fax: 609-989-3939 MAYORSOFFICE@TRENTONNJ.ORGCommissioner Martin Page 2 0f 3 Jenuary 18, 2018 Therefore, these actions are not only in substantial compliance with the corrective actions set forth in your January 2018 Notice of Violations, but the City has responded expeditiously with sound judgement and merit. As the proprietor of a publicly-owned water utllty, the City takes its responsibilities serlously. As such, beginning in August 2017, after receiving the July 2017 Notice of Violation, the City consulted with both public and private experts to find a legal and prudent path forward to take corrective measures, and accordingly, a way to meet your main request: quickly filing licensed staff positions. In fact, one of firms that will be performing that rote today offered a nearly identical proposal In early September 2017. \ronically, the approach proposed then—which you then rejected out of hand for unclear reasons—is the very same approach which you recommend the City take In your January 2018 Notice of Violation, With that being said, the City disagrees with many of stated areas of noncompliance as outlined In your January 2018 Notice of Violation. Further, any actions taken by the City to comply with your emergency procurement directives is governed by the New Jersey Local Public Contracts Law, NJS.A, 40A:11-1, et seq. (LPCL), The LPCL mandates that decisions about a public asset as Important as water not be made hastily or without due process. While the City recognizes the need to work expeditiously, It has an obligation to stay within the bounds of the LPCL In furtherance of the public's interest. At different points in the process you and your staff ordered the City to take actions that ran contrary to the LPCL. For example, you directed that the City issue a “Scope of Service’, procure a vendor, and award an emergency contract for a five -year period all in less than thirty (30) days. It was only after the intervention of the City and another State agency, the Division of Local Government Services (DLGS) that your staff candidly admitted that no emergency contract could ‘exceed one year and that it was Impossible and certainly ladvised to procure such a critical service on such a break-neck timeline, Just to note, the City of Trenton is not the first municipality to procure outside assistance with Its water utility. In fact, other similarly situated publicly-owned water utilities such as Kearney, Rahway, South Orange, and East Brunswick, all of which are smaller than TWW, had procurement processes that lasted more than a year, Moreover, only after unnecessarlly spending more much-needed time exploring, at your request, other Impermissible and impractical alternatives in September, October, November, and much of December 2017, did the City return to Its original approach to procure contracts to fill key positions with licensed and experienced operators. The contract forwarded to the NIDEP and the DLGS referenced In your letter achieves that goal. However, once again, It was rejected out of hand without explanation. Interestingly enough, when contacted for an explanation of the deficlencles in the draft contract, your counsel suggested that, In fact, the NIDEP saw the contract as a positive step and encouraged the City to continue through the procurement process. Given all of the actions the City has taken to address your stated concerns, it Is perplexing that you threatened to file suit in the Superior Court. It Is extremely dubjous that such action would have been ‘successful on the merits. in any event, this unnecessary and heavy-handed approach Is not, nor has it ever been, productive, Under no circumstances, will the City allow the State of New Jersey, nor any special Interest groups to force us to sell or privatize our utility for their personal or political gain.Commissioner Martin Page 3 of 3 January 18, 2028 |n conclusion, | am immediately scheduling meetings with Commissioner-designee McCabe and Lleutenant Governor Sheila Olver (In her role as the Commissioner of the Department of Community Affairs) to brief them on the status of this matter and to request thelr assistance In furthering a comprehensive, sensible, and long term solution, Sincerely, Ek Eric Jackson Mayor Cr ___Shella Oliver, Lieutenant Governor & Commissioner, Department of Community Affairs (NMiDCA), State of New Jersey Catherine McCabe, Commissioner-nominee, Department of Environmental Protection, (NIDEP), State of New Jersey Lou Rainone, Rainone, Coughlin, Minchello Henry Amoroso, Chiesa, Shahinlan and Giantomasi Timothy Cunningham, Director, Division Local Government Services, NIOCA ‘Members of City Council, city of Trenton Bert Steinmann, Mayor, Ewing Township Kelly Yeade, Mayor, Harnilton Township Kevin Kuchinski, Mayor, Hopewell Township Christopher Bobbitt, Mayor, Lawrence Township Wayne P. DeAngelo, Assemblyman, District 14 Neana Schirmer, Counciivoman, Hamilton Township