Zoning Board of Appeals

COUNCIL CONFERENCE MEETING MINUTES MARCH 17, 2009 CITY HALL – 5:00 PM A Conference Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:11 p.m. in the Council Conference Room, City Hall. The meeting was called to order by Council President Paul M. Pintella. Council President announced that adequate public notice had been provided to the public specifying the time and place for this meeting in accordance with the Open Public Meeting Act. FY 2008-2009 annual notice was mailed to the Times and the Trentonian Newspapers, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on June 19, 2008 by Resolution No. 08-341. The agenda for this meeting was mailed, posted and filed on March 13, 2009. ROLL CALL: PRESENT: Messrs. Bethea, Coston, Ms. Lartigue (arrived at 5:14 pm), Messrs. Melone, Segura (arrived at 5:14 pm), Ms. Staton, Mr. Pintella – 7. ABSENT: None Mrs. Juanita M. Joyner, Acting City Clerk made a statement on the petition for the sale of the Water Infrastructure. She stated that the City Clerk’s office had received an order from Judge Fienberg declaring that the petition was null and void and directing the City Clerk to take “no further action”. The City Clerk received the order (today) March 17, 2009 around 11:15 am. Mr. Joseph Alacqua explained the meaning of the “no further action” order. PRESENTATION: 1. Status on Appearance: Mr. Edward McManimon, McManimon & Scottland, Bond Counsel for the City Mr. Dennis Gonzalez, Acting Business Administrator Mr. Joseph McIntyre, General Superintendent Mr. McManimon stated that yesterday based on the presentation and various briefs and arguments Judge Fienberg ruled that the petition submitted by the petitioners was, as a matter of law, null and void. The petition was ruled legally insubmissable, and as a result there is nothing to certify. The City is proceeding with the sale of the Water Infrastructure. The petitioners have the right to appeal this decision but it is the view of Bond Counsel that it would be very difficult to appeal this matter. City Council Conference: Minutes March 17, 2009 1  Mr. Gonzalez, Acting Business Administrator, stated that the City is moving forward in presenting this to BPU for final approval. A meeting is scheduled with the Director of Local Government Services, Department of Community Affairs to discuss what options the City has with respect to the Budget and the tax rate. Council President Pintella advised Administration that a tax rate increase of $1.09 was not something Council would consider. Mr. Gonzalez stated that Administration was asking City Council not to take action on the Budget amendments until after the meeting with DCA. A detailed discussion was followed by a question and answer period. Questions asked by Council members included the following: • Time line for the approval of the budget • Time line for amendments • Feasibility study done on the sale of the Water Infrastructure • Raising water rates • Use of the water surplus by the City Council recessed at 5:50 pm and moved into the Council Chambers in order to accommodate the number of people present. Council reconvened at 6:05 pm in Chambers. Motion was made by Council President Pintella to go into Public Comments, seconded by Councilwoman Staton, carried by unanimous vote of Council. PUBLIC COMMENTS: Chris Brashier, 2 Hilvista Boulevard. – Formed a group “Save Trenton”, Citizens United for a Fiscal Transparency - spoke against the sale of the Water Infrastructure; also spoke onTRY INITIATIVE IN THE AMOUNT OF $222,580.00 5tr - RESOLUTION TO AMEND THE APPROVED FY 2009 MUNICIPAL BUDGET FOR THE CITY OF TRENTON. Motion was made by Councilman Melone, seconded by Councilman Coston, that resolutions 5ar, to 5vr be moved in unison with the exceptions of resolutions 5nr and 5sr which require a roll call. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nay: None 1. RESOLUTION NO. 09-106 - RESOLUTION TO APPLY FOR A GENERAL OPERATING SUPPORT GRANT IN AN AMOUNT NOT TO EXCEED $75,000 FROM THE NEW JERSEY HISTORICAL COMMISSION, DEPARTMENT OF STATE, FOR THE 1719 WILLIAM TRENT HOUSE MUSEUM (Sponsored by Councilman Bethea & Councilwoman Staton) City Council Conference: Minutes March 17, 2009 5 2. RESOLUTION NO. 09-107 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #09-2 (10 Bond Street, etc.) (Sponsored by Councilman Bethea) 3. RESOLUTION NO. 09-108 - RESOLUTION AMENDING THE CITY OF TRENTON 2006 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN ADOPTED BY RESOLUTION 06-306 (Sponsored by Councilman Bethea) 4. RESOLUTION NO. 09-109 - RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY 2009 TEMPORARY BUDGET OF THE CITY OF TRENTON (Sponsored by Councilman Coston) 5. RESOLUTION NO. 09-110 - RESOLUTION AUTHORIZING A SUB-GRANT AGREEMENT BETWEEN THE CITY OF TRENTON AND VARIOUS CHARITABLE NON-PROFIT ORGANIZATIONS TO PROVIDE PREVENTION AND EARLY INTERVENTION SERVICES TO JUVENILES (Sponsored by Councilman Coston) 6. RESOLUTION NO. 09-111 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO DESIGN PLASTIC SYSTEMS, INC., 2541 GENERAL ARMISTEAD AVENUE, NORRISTOWN, PA 19403, FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH NEW FIBERGLASS STORAGE TANKS AT THE RESERVOIR GATEHOUSE FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (In an amount not to exceed $38,850) (Sponsored by Councilman Bethea &Councilwomen Lartigue & Staton) 7. RESOLUTION NO. 09-112 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO CH2M HILL, 99 CHERRY HILL ROAD, SUITE 200, PARSIPPANY, NJ 07054 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE TRENTON WATER WORKS WATER QUALITY REPORT, FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (In an amount not to exceed $26,800) (Sponsored by Councilman Bethea & Councilwoman Lartigue) 8. RESOLUTION NO. 09-113 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KELLE CHEVROLET, 137 ALLAIRE ROAD, P.O. BOX 726, FARMINGDALE, N.J. 07727 FOR THE FURNISHING AND DELIVERY OF ONE (1) 2009 CHEVROLET EXPRESS CARGO AWD 1500 CH13405 VAN FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER BILLING (In an amount not to exceed $25,463) (Sponsored by Councilwoman Staton) 9. RESOLUTION NO. 09-114 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO THE VAUGHN COLLABORATIVE, 42 WEST LAFAYETTE STREET, TRENTON, NEW JERSEY 08608 TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES RELATED TO THE RENOVATIONS OF THE EXISTING SUPERMARKET LOCATED IN THE WEST SIDE PLAZA, 215 NORTH HERMITAGE AVENUE (BLOCK 2801, LOT 2) TO BE USED AS THE MUNICIPAL COURT FOR THE CITY OF TRENTON (In an amount not to exceed $84,005) (Sponsored by Councilwoman Lartigue) 10. RESOLUTION NO. 09-115 - RESOLUTION AUTHORIZING THE PURCHASE OF A SENTINEL PATRIOT 9-1-1 SYSTEM FROM VERIZON SELECT SERVICES, INC., C/O VERIZON, 201 CENTENNIAL AVENUE, FLOOR 1, ROOM 1S055, PISCATAWAY, NEW JERSEY 08854 FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING (In an amount not to exceed $992,939.80) (Sponsored by Councilman Segura) 11. RESOLUTION NO. 09-116 - RESOLUTION AUTHORIZING CHANGE ORDER #001 TO THE CONTRACT WITH CMX, INC. TO PROVIDE ADDITIONAL OVERSIGHT FOR THE ROAD RECONSTRUCTION AND LINEAR PARK AT ENTERPRISE AVENUE INDUSTRIAL PARK (The amount of this change order is $18,625) (Sponsored by Councilman Bethea) City Council Conference: Minutes March 17, 2009 6 12. RESOLUTION NO. 09-118- RESOLUTION AUTHORIZING SETTLEMENT OF AN ADMINISTRATIVE LAW CASE IN THE MATTER OF VIRGINIA COUNCIL V. CITY OF TRENTON DOCKET NUMBER CSV-878-2008S IN THE TOTAL AMOUNT OF $50,000. (Sponsored by Councilman Pintella) 13. RESOLUTION NO. 09-119 - RESOLUTION OF NEED FROM THE CITY OF TRENTON FOR THE ESCHER SRO PROJECT, L.P. (Sponsored by Councilman Pintella) 14. RESOLUTION NO. 09-120 - RESOLUTION AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE CONSENT ORDER WITH NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) REGARDING THE COVERING OF THE TRENTON WATER WORKS RESERVOIR. (Sponsored by Councilman Pintella & Councilwoman Lartigue) 15. RESOLUTION NO. 09-121 - RESOLUTION AUTHORIZING A COMMITMENT OF FUNDS FOR THE IMPORTATION OF CLEAN FILL AND A VAPOR MITIGATION SYSTEM FOR THE CATHERINE S. GRAHAM PROJECT. (In the amount of $349,810) (Sponsored by Councilwoman Lartigue) Councilman Coston made a motion to adopt a resolution to rename the Mill Hill Park Tot Lot to “Alexander Dodson Tot Lot”, seconded by Councilmen Bethea and Segura and carried by vote of City Council. Roll Call: Aye: Messrs. Bethea, Coston, Mrs. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella Nay: None 16. RESOLUTION NO. 09-122 - RESOLUTION AUTHORIZING THE NAMING OF THE MILL HILL PARK TOT LOT, AS “ALEXANDER DODSON TOT LOT”, IN MEMORY OF ALEXANDER DODSON (Sponsored by Councilman Coston) Motion was made by Council President Pintella, seconded by Councilwoman Staton to adopt resolution 5nr by vote of City Council: Roll Call: Ayes: Messrs. Bethea, Coston, Mr. Melone, Ms. Staton and Mr. Pintella - 5 Nay: Mrs. Lartigue, Mr. Segura - 2 17. RESOLUTION NO. 09-117 - RESOLUTION AMENDING THE CITY OF TRENTON 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN ADOPTED BY RESOLUTION 08-415 (Sponsored by Councilwoman Staton) Motion was made by Councilman Bethea to hold resolution 5rs until March 19, 2009 for roll call. 5sr - RESOLUTION AMENDING RESOLUTION #97-402 WHICH ERRONEOUSLY AUTHORIZED A 20 YEAR ABATEMENT TERM FOR THE ESCHER SRO PROJECT, LP INSTEAD OF A 30 YEAR TERM. City Council Conference: Minutes March 17, 2009 7  Motion was made by Councilman Melone, seconded by Councilwoman Staton that the first reading of the following ordinance be held for further discussion by City Council. Roll Call: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nay: None 5po - ORDINANCE AMENDING CHAPTER 132 ARTICLE 10 OF THE CODE OF THE CITY OF TRENTON WITH REGARD TO REQUIRED INSPECTIONS FOR NON-OCCUPANT OWNED STRUCTURES. Council reviewed the docket items. CIVIC MATTERS: Councilman Coston – 1. Asked Administration about the Connect-CTY system. 2. Complained about the message the Mayor send out on the CTY system regarding the water sale. 3. Wanted to know how the names of the individuals that sign the water petition were posted on a web site. A discussion followed on the Connect-CTY system. Councilwoman Lartigue – Asked administration to follow up on the properties located on the corner of Prospect Street and Rutherford Avenue. The meeting adjourned at 9:58 p.m. Respectfully submitted ___________________________ __________________________ PAUL M. PINTELLA JUANITA M. JOYNER CITY COUNCIL PRESIDENT ACTING CITY CLERK City Council Conference: Minutes March 17, 2009 8