City Council

Trenton, New Jersey, December 21, 2006 President Pintella announced that adequate public notice has been provided to the public specifying the time and place for this meeting in accordance with Chapter 231, P.L. 1975, approved on October 21, 1975 and effective January 19, 1976. The FY 2006 annual notice was mailed to the Times and the Trentonian, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on June 29, 2006. The agenda for the said meeting was mailed, posted and filed on December 15, 2006. A regular meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:30 p.m., in the Council Chamber, City Hall. The meeting was called to order by President Pintella, and, on roll call, the following answered present: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. The following was absent: Ms. Lartigue – 1. (Ms. Lartigue entered the meeting at 5:45 p.m.) After roll call, invocation was given by Acting Deputy City Clerk Penelope S. Edwards-Carter. The Clerk then led the assembly in the pledge of allegiance to the flag. BY THE CLERK Proof of publication of an ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS SEWER UTILITY IMPROVEMENTS IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING $650,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $650,000 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Segura, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. December 2, 2006, Page 2 BY THE CLERK Proof of publication of an ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $20,006,122 THEREFORE AND AUTHORIZING THE ISSUANCE OF $14,248,122 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Segura, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS TO THE WATER LINES AND DELIVERY SYSTEM IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING $10,000,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $10,000,000 BONDS OR NOTES OF THE CITY FOR FINANCING THE COST THEREOF”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) December 21, 2006, Page 3 The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY MR. COSTON Proof of publication of an ordinance entitled “AN ORDINANCE AMENDING ORDINANCE O3-7 ENTITLED “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THESE RANGES FOR AFSCME LOCAL #2286”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Coston, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 03-92 ENTITLED “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE CONTRACT WITH THE AFSCME LOCAL #2281.” RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. December 21, 2006, Page 4 The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Pintella – 5. The following voted nay: Ms. Staton – 1. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “AN ORDINANCE CREATING THE POSITION OF AIDE TO COUNCILPERSON, FIXING A SALARY RANGE THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. (Ms. Lartigue entered the meeting at 5:45 p.m.) The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “ORDINANCE OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY AMENDING ORDINANCE #06-70 WHICH ESTABLISHED RATES AND CHARGES FOR THE CITY’S WATER UTILITY IN ORDER TO ALSO PROVIDE FOR UNIFORM WATER RATES FOR PUBLIC FIRE PROTECTION IN THE CITY AND IN THE TOWNSHIPS OF EWING, HAMILTON, HOPEWELL AND LAWRENCE”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appearing, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. December 21, 2006, Page 5 The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “ORDINANCE AMENDING ORDINANCE NO. 06-077 AUTHORIZING THE AGREEMENT OF A LEASE BETWEEN THE CITY OF TRENTON AND EAST STATE LIMITED PARTNERSHIP FOR THE PROPERTY OF 222 EAST STATE STREET, TRENTON, NEW JERSEY 08608”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. No one appearing, motion was made by Mr. Pintella, seconded by Ms. Lartigue ,that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “AN ORDINANCE CREATING THE POSITION OF DEPUTY DIRECTOR OF HUMAN SERVICES, FIXING A SALARY RANGE THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Ms. Staton, advanced to second reading, read by title, and announcement was then made by President Pintella of public hearing thereon. December 21, 2006, page 6 No one appeared to speak, motion was made by Mr. Pintella, seconded by Ms. Staton, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING CLOSED. The said ordinance was then considered, passed and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Communication from Alberta Felicia Francis, 126 Hancock Street, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Jamelle Jordan, 618 N. Clinton Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Ratna Parasher, 608 Assunpink Blvd., Hamilton, NJ – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Martin Hackman, 4 Tail Oaks Drive, East Brunswick, NJ – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Eyvonda Queen, 28 Hart Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. December 21, 2006, Page 7 Communication from Nina Blackshear, 132 Rossell Avenue, Apt. 2A, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Thomas G. Manco, 322 Heritage Lane, Monroe, New York 10950 – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Antoinette Harmon, 1 Kingsbury Square, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Deli R. Panfile, 426 Elmer Street, Trenton - submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Gerald Lane, 41 Poplar Street, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of Michael Schiaretti and Ellena Verasco vs. City of Trenton. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from Lindsay Floyd, 20 Winthrop Road, Lawrenceville, NJ – submitting Claim for Damages against the City of Trenton. (personal property) Communication from Margaret E. Icklan, 40 Devon Ct., Robbinsville, NJ – submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. December 21, 2006, Page 8 Civil Action – in the matter of Verizon New Jersey Inc. vs. City of Trenton Water Department, et als. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action – in the matter of CARF Realty 1997, L.L.C. vs. Glen Ivery, et als. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of Donald Fagans vs. City of Trenton. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of Anthony J. DeFrancisco vs. City of Trenton, et als. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of NJTL 2004 LLC vs. Louis Rodriquez, et als. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of Vincent F. Mangine, Jr. vs. City of Trenton. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of Kim Wallace vs. City of Trenton, et als. RECEIVED AND FILED. The above communication was sent to the Departments of Law and Administration. Communication from the Landmarks Commission – submitting schedule of meetings for the year 2007. RECEIVED AND FILED. December 21, 2006, Page 9 Communication from Eileen A. Gore, Hamilton Twp. Deputy Municipal Clerk – submitting copy of Ordinance 06-041, which was introduced on November 21, 2006. RECEIVED AND FILED. Communication from Comcast – advising of channel changes. RECEIVED AND FILED. Communication from Trenton Housing Authority – advising of their 68th Annual Meeting to be held December 13, 2006. RECEIVED AND FILED. Communication from McManimon & Scotland, LLC – advising of Local Finance Board Application. RECEIVED AND FILED. Communication from Stephen W. Elliott, Ewing Twp. Municipal Clerk – submitting Ewing Township Land Use and Development Ordinances. RECEIVED AND FILED. Communication from Mercer County Board of Chosen Freeholders – submitting meeting schedule for December, 2006. RECEIVED AND FILED. Communication from Mercer County Planning Board – submitting schedule for December 13, 2006. RECEIVED AND FILED. Communication from U.S. Department of Homeland Security, United State Coast Guard – submitting Public Notice 5-1079 regarding modification to the regulations governing the operation of the Route 35 Bridge at New Jersey Intracostal Waterway (NJICW) across Manasquan River at Brielle, NJ. RECEIVED AND FILED. Communication from Mercer County Improvement Authority – submitting agenda for December 12, 2006. RECEIVED AND FILED. Communication from Rena Moaning, 119 Sweets Avenue, Trenton – submitting letter concerning the ongoing problem to the property owners of Sweets Avenue and in the City of Trenton. RECEIVED AND FILED. BY THE CLERK Penelope S. Edwards-Carter, Acting Deputy City Clerk – submitting report of bids received by the Proposal Committee on December 11, 2006. RECEIVED AND FILED. December 21, 2006, Page 10 BY MR. BETHEA – RESOLUTION NO. 06-733 – MOVED ITS ADOPTION RESOLUTION RESCINDING RESOLUTION NO. 06-658, DATED NOVEMBER 21, 2006, ENTITLED “RESOLUTION APPROVING TRANSFER OF ALCOHOLIC BEVERAGE LICENSE”. The said resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 06-734 – MOVED ITS ADOPTION RESOLUTION RENEWING ALCOHOLIC BEVERAGE LICENSE The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON – RESOLUTION NO. 06-735 –MOVED ITS ADOPTION RESOLUTION CANCELING CERTIFICATE OF HOUSING CODE COMPLIANCE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES; to Sherrie Myrie in the amount of $175.00. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MS. STATON – RESOLUTION NO. 06-736 – MOVED ITS ADOPTION RESOLUTION MODIFYING RESOLUTION NUMBER 06-650 WHICH AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT IN THE AMOUNT OF $52,500 FROM THE STATE OF NEW JERSEY, OFFICE OF EMERGENCY MANAGEMENT, HAZARD MITIGATION GRANT PROGRAM TO INCLUDE A MATCHING FUNDS REQUIREMENT. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 11 BY MR. MELONE – RESOLUTION NO. 06-737 – MOVED ITS ADOPTION RESOLUTION CANCELING PERMITS AND AUTHORIZING AND DIRECTING RETURN OF FEES; to A-Phase Electric Inc. - $184.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. MELONE – RESOLUTION NO. 06-738 – MOVED ITS ADOPTION RESOLUTION AWARDING CONTRACTS TO INTERNATIONAL SALT CO., INC. 655 NORTHERN BOULEVARD, CLARK SUMMIT, PA 18411 FOR THE FURNISHING AND DELIVERY ON AN AS NEEDED BASIS, APPROXIMATELY 1,500 TONS OF PRE-TREATED ROCK SALT AND TO INNOVATIVE MUNICIPAL PRODUCTS, INC., 833 BOLT ROAD, SCHENECTADY, NY 12302, FOR THE ON-SITE TREATMENT OF APPROXIMATELY 500 TONS OF EXISTING STOCK PILED ROCK SALT, LOCATED AT THE STREETS DIVISION FOR THE DEPARTMENT OF PUBLIC WORKS DURING THE 2006/2007 WINTER SEASON, IN CONNECTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT; in an amount not to exceed $89,220.00 to International Salt Co., Inc., and in an amount not to exceed $6,000.00 to Innovative Municipal Products, Inc. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 06-739 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY F.O.B. CITY OF TRENTON, VARIOUS CURB BOX PARTS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY; contract awarded to Water Works Supply Company - $30,362.50 The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 12 BY MS. STATON AND MR. MELONE – RESOLUTION NO. 06-740 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACTS FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE DEMOLITION OF VARIOUS PROPERTIES FOR THE DEPARTMENT OF INSPECTIONS; to Gordon Construction, Inc. - $171,500.00 and to Carroll Industries - $68,425.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. SEGURA – RESOLUTION NO. 06-741 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE PURCHASE OF VARIOUS AUTOMOTIVE PARTS AND ACCESSORIES, SPARK PLUGS, FILTERS, AND PVC VALVES ON AN AS NEEDED BASIS FROM C.J. PARTS DISTRIBUTORS, INC., 2 CHELTEN WAY, TRENTON, NEW JERSEY 08638 FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING; in an amount not to exceed $50,000.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. MELONE – RESOLUTION NO. 06-742 - MOVED ITS ADOPTION 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 NERWINSKI & DEMBER, 600 LAWRENCE ROAD, LAWRENCEVILLE, NEW JERSEY 08648 TO PROVIDE PROFESSIONAL LEGAL SERVICES AS AN INDEPENDENT CONTRACTOR TO REPRESENT THE CITY IN TAX FORECLOSURE AND OTHER RELATED MATTERS FOR THE DEPARTMENT OF LAW; in an amount not to exceed $15,000.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 13 BY MR. BETHEA – RESOLUTION NO. 06-743 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 08691, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF THE 16-INCH WATER MAIN IN OLDEN AVENUE; in an amount not to exceed $80,096.68. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Melone, Segura, Ms. Staton, Mr. Pintella – 6. The following voted nay: Ms. Lartigue – 1. The President thereupon declared said resolution adopted. ADOPTED. BY MS. LARTIGUE – RESOLUTION NO. 06-744 – MOVED ITS ADOPTION RESOLUTION AWARDING A CONTRACT TO RIGGINS, INC., P.O. BOX 150, MILLVILLE, NJ 08332 FOR THE FURNISHING AND DELIVERY ON AN AS NEEDED BASIS, APPROXIMATELY 366,496 GALLONS OF UNLEADED 87 OCTANE GASOLINE FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF TRENTON, IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT; in an amount not to exceed $646,315.72. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON – RESOLUTION NO. 06-745 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH MUNICIPAL MAINTENANCE COMPANY, 1352 TAYLORS LANE, CINNAMINSON, NEW JERSEY 08077, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPLACEMENT OF POWDERED ACTIVATED CARBON PUMPS; in an amount not to exceed $18,978.86. The above resolution was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 14 BY MESSRS. BETHEA AND SEGURA – RESOLUTION NO. 06-746 – MOVED ITS ADOPTION RESOLUTION ACCEPTING A DONATION OF USED OFFICE CUBICLES FROM COLLEGE SAVINGS BANK, 5 VAUGHN DRIVE, PRINCETON, NEW JERSEY 08540 TO BE UTILIZED AT THE READING SENIOR CENTER. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MS. STATON AND MR. SEGURA – RESOLUTION NO. 06-747 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR A GRANT FROM THE NEW JERSEY JUVENILE JUSTICE COMMISSION UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM; in the amount of $11,792.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MS. LARTIGUE – RESOLUTION NO. 06-748 –MOVED ITS ADOPTION RESOLUTION TO APPLY FOR A GRANT FROM THE NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, 2007 RECREATIONAL TRAILS PROGRAM GRANT IN THE AMOUNT OF $25,000.00 FOR STACY PARK. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MS. STATON AND MR. MELONE – RESOLUTION NO. 06-749 – MOVED ITS ADOPTION RESOLUTION CLOSING MUNICIPAL BUILDINGS ON CERTAIN 2007 HOLIDAYS. The above resolution was seconded by Ms. Lartigue and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 15 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Lartigue. The Clerk then read said ordinance by title: AN ORDINANCE TO RELEASE, VACATE AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO AN UNNAMED RIGHT-OF-WAY. WHEREAS, the City Council of the City of Trenton is of the opinion that the public interest will best be served by abandoning, vacating, releasing and extinguishing any and all public rights which the City of Trenton may have in and to the following described portion of an unnamed right of way pursuant to the authority set forth in N.J.S.A. 40:67-1; and NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton, as follows: 1. The public rights and interests of an unnamed right of way, particularly described as follows are hereby vacated, abandoned and released: Being known and described as an unknown Right of Way as shown on a map entitled, “Boundary Survey Lots 7,8,9,10,11,12,13,13.01,14,15,16,17,18,19,20,21,22 and 23, Block 10001, situated in the City of Trenton, Mercer County, New Jersey”, prepared by LGA Engineering Inc., dated August 16, 2005. BEGINNING at a point on the Northeasterly line of South Broad Street (66.00 foot R.O.W.). Said point being North 38 degrees 01 minutes 37 seconds West, a distance of 229.49 feet measured along said line of South Broad Street from the intersection of the Northerly line of Hamilton Avenue (60.00 foot R.O.W.) with the Northeasterly line of South Broad Street (66.00 foot R.O.W.). Thence running: 1) North 38 degrees 01 minutes 37 seconds West, a distance of 3.00 feet measured along said Northerly line of South Broad Street to a point; thence 2) North 51 degrees 29 minutes 59 seconds East, a distance of 45.00 feet to a point; thence 3) South 38 degrees 01 minutes 37 seconds East, a distance of 3.00 feet to a point; thence 4) South 51 degrees 29 minutes 59 seconds West, a distance of 45.00 feet to the point and place of BEGINNING. Containing 135 Square Feet. 2. Any existing rights of public utilities and CATV companies are expressly reserved and excepted from this vacation in accordance with N.J.S.A. 40:67-1 et seq. 3. The City of Trenton shall retain ownership of subject property. 4. This Ordinance shall become effective twenty (20) days after passage and publication according to law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. December 21, 2006, Page 16 The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Pintella. The Clerk then read said ordinance by title: AN ORDINANCE TO RELEASE, VACATE AND EXTINGUISH ANY AND ALL PUBLIC RIGHTS IN AND TO A PORTION OF CONOVERS ALLEY. WHEREAS, the City Council of the City of Trenton is of the opinion that the public interest will best be served by abandoning, vacating, releasing and extinguishing any and all public rights which the City of Trenton may have in and to the following described portion of Conovers Alley pursuant to the authority set forth in N.J.S.A. 40:67- 1; and NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton, as follows: 1. The public rights and interest of a portion Conovers Alley, particularly described as follows are hereby vacated, abandoned and released: Being known and designed as Conovers Alley (18 foot R.O.W.), as shown on a map entitled, “Boundary Survey Lots, 7,8,9,10,11,12,13,13.01,14,15,16,17,18,19,20,21,22 and 23, Block 10001, situated in the City of Trenton, Mercer County, New Jersey”, prepared by LGA Engineering, Inc., dated August 16, 2005. BEGINNING at a point on the Northerly line of Hamilton Avenue (66.00 foot R.O.W.). Said point being North 71 degrees 46 minutes 22 seconds East, a distance of 188.60 feet measured along said line of Hamilton Avenue from the intersection of the Northeasterly line of South Broad Street (66.00 foot R.O.W.) with the Northerly line of Hamilton Avenue (66.00 foot R.O.W.). Thence running; 1) North 18 degrees 13 minutes 38 seconds West, a distance of 11.97 feet measured along said Southwesterly line of Conovers Alley to a point; thence 2) North 38 degrees 01 minutes 37 seconds West, a distance of 352.95 feet continuing along said Southwesterly line of Conovers Alley to a point; thence 3) North 45 degrees 12 minutes 23 seconds East, a distance of 18.13 feet to a point; thence December 21, 2006, Page 17 4) South 38 degrees 01 minutes 37 seconds East, a distance of 374.28 feet measured along said Northeasterly line of Conovers to the point on the aforementioned Northerly line of Hamilton Avenue; thence 5) South 71 degrees 46 minutes 22 seconds West, a distance of 23.44 feet measured long said Northerly line of Hamilton Avenue to the point and place of BEGINNING. Containing 6,685 Square Feet 2. Any existing rights of public utilities and CATV companies are expressly reserved and excepted from this vacation in accordance with N.J.S.A. 40:67-1 et seq. 3. The City of Trenton shall retain ownership of subject property. 4. This Ordinance shall become effective twenty (20) days after passage and publication according to law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. COSTON Mr. Coston introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Staton. The Clerk then reading said ordinance by title: ORDINANCE DESIGNATING WESTRUM URBAN LAND DEVELOPMENT, LLC AS EXCLUSIVE DEVELOPER OF A CITY-OWNED PROPERTY IN THE LAMBERTON STREET REDEVELOPMENT AREA AND AUTHORIZING THE SALE THEREOF. WHEREAS, the City Council of the City of Trenton approved the Lamberton Street Redevelopment Plan; and WHEREAS, among the objectives of the Plan is to develop vacant lands and buildings into viable residential units and improve the City’s tax base; and December 21, 2006, Page 18 WHEREAS, the Local Redevelopment and Housing Law at N.J.S.A. 40A:12A- 8(g) authorizes the City of Trenton to convey city-owned property to any other party, without public bidding, and at such price and upon such terms as it deems reasonable in furtherance of the objectives of the Redevelopment Plan for the area; and WHEREAS, Westrum Urban Development, LLC, 370 Commerce Drive, Suite 100, Ft. Washington, PA 19034, has proposed to develop a residential condominium community on a city-owned property known as 351-381 Union Street (Block 11101, Lot 3), and located within the Lamberton Street Redevelopment Area; and WHEREAS, said development is consistent with the objectives of the Lamberton Street Redevelopment Plan; and WHEREAS, Westrum Urban Development, LLC has offered to purchase the subject city-owned property for the total amount of $720,000 subject to certain credits as more fully described in a Settlement Agreement between the City and Trent Square Urban Renewal, LLC dated January 31, 2006. NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton that 1. Westrum Urban Development, LLC, is a qualified residential developer, and financing mechanisms are in place that are necessary o acquire and redevelop the property in accordance with the Redevelopment Plan for the area. 2. Westrum Urban Development, LLC is hereby designated as exclusive developer of 351-381 Union Street, property located within the Lamberton Street Redevelopment Area, for a period of one year from the date of the adoption of this ordinance. 3. The conveyance of the city-owned property identified herein, by negotiation, is the appropriate method of making said properties available for redevelopment. 4. The total purchase price of $720,000, subject to certain credits as set forth in a Settlement Agreement between the City and Trent Square Urban Renewal, LLC dated January 31, 2006 for the acquisition of 351-381 Union Street is hereby deemed to be reasonable. 5. The Mayor is hereby authorized to execute a Disposition Agreement, as well as any and all documents necessary to convey the city-owned properties identified herein to Westrum Urban Development, LLC, or assignee. 6. The City Clerk is hereby directed to attest to the execution of the Disposition Agreement, and to publish this Ordinance as required by applicable law. 7. This Ordinance shall take effect after final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Coston was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. December 21, 2006, Page 19 Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MESSRS. COSTON AND MELONE Messrs. Coston and Melone introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Lartigue. The Clerk then read said ordinance by title: ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER XIV, “TRAFFIC”. The City Council of the City of Trenton does ordain: That Chapter XIV, “Traffic”, be amended and supplemented as follows: 1. Amend and Supplement Subsection 14-2.14, Schedule XIX, “Parking for the Handicapped”, by adding thereto the following: NAME OF STREET SIDES LOCATION Beatty Street North A distance of 22 feet along side of 519 Beatty Street Beatty Street North A distance of 22 feet in Front of 639 Beatty Street, extending to 641. (License Plate No. HU4742) Butler Street South A distance of 22 feet in front of 233 Butler Street, extending to 231. (License Plate No. HU2069) Houghton Avenue West A distance of 22 feet in 112 Houghton Avenue, extending to 114. (License Plate No. HU3452) On roll call, the above motion by Messrs. Coston and Melone was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. December 21, 2006, Page 20 Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MS. STATON AND MS. LARTIGUE Ms. Staton and Ms. Lartigue introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Pintella. The Clerk then read said ordinance by title: ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER XIV, “TRAFFIC”. That Chapter XIV, “Traffic”, be amended and supplemented as follows: 1. Amend and Supplement Subsection 14-2.14, Schedule XIX, “Parking for the Handicapped”, by adding thereto the following: NAME OF STREET SIDES LOCATION Ashmore Avenue North A distance of 22 feet in front of 262 Ashmore Avenue, extending to 264. (License Plate Number HU4732) Bellevue Avenue South A distance of 22 feet on the south side in front of 32 Bellevue Avenue Hobart Avenue West A distance of 22 feet in front of 22 Hobart Avenue extending to 28. (License Plate Number HU4737) Smith Street West A distance of 22 feet in front of 838 Smith Street Spruce Street West A distance of 22 feet in front of 707 Spruce Street, extending to 705 On roll call, the above motion by Ms. Staton and Ms. Lartigue was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. December 21, 2006, Page 21 Motion was made by Mr. Segura, seconded by Mr. Pintella, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Pintella. The Clerk then read said ordinance by title: ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE CANAL BANKS REDEVELOPMENT AREA KNOWN AS 116 SPRINGS STREET, BLOCK 4003, LOT 15 FROM EDITH JENNETTE. WHEREAS, there is within the City of Trenton and the Canal Banks Redevelopment Area certain real property identified on the City of Trenton Tax Maps as Block 4003, Lot 15, and commonly known as 116 Spring Street; and WHEREAS, the City of Trenton, pursuant to the Local Redevelopment and Housing Law, at N.J.S.A. 40A:12A-8(b) and 40A:12A-22(i), has the statutory authority to acquire the property upon such terms as are deemed reasonable in furtherance of the objectives of the Redevelopment Plan; and WHEREAS, it is in the best interest of the City of Trenton to acquire said property from Edith Jennette in order to achieve the redevelopment objectives of the Canal Banks Redevelopment Area Plan; and WHEREAS, the City of Trenton and Edith Jennette have agreed that the fair market value of subject property is Twenty-Three Thousand Dollars ($23,000.00); and WHEREAS, funds in the amount of $23,000.00 have been certified to be available in Account C-04-06-60-086G-000 FY 2006 Capital Budget. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. The Mayor is hereby authorized to take all reasonable and necessary steps, including executing any and all documents necessary to acquire the property identified herein from Edith Jennette in furtherance of the objectives of the Canal Banks Redevelopment Area Plan. 2. The Mayor is hereby authorized to make payment to Edith Jennette in an amount not to exceed Twenty-Three Thousand Dollars ($23,000.00) 3. In the event the City is not successful in acquiring said property by way of negotiation, the Mayor is hereby authorized to take such steps as are necessary to acquire said property through eminent domain proceedings as authorized by the Local Redevelopment and Housing Law, at N.J.S.A. 40A:12A-8(c) and the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq. December 21, 2006, Page 22 4. The City Clerk is hereby directed to attest to the execution of all documents and to publish this Ordinance as required by applicable law. 5. This Ordinance shall take effect after final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA – RESOLUTION NO. 06-750 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE UTILIZATION OF COMPETITIVE CONTRACTING IN LIEU OF PUBLIC BIDDING FOR THE FURNISHING AND DELIVERY OF ELECTRICITY AT THE CITY OF TRENTON, WATER UTILITY AND SEWER UTILITY FACILITIES. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 06-751 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE UTILIZATION OF COMPETITIVE CONTRACTING IN LIEU OF PUBLIC BIDDING FOR THE FURNISHING AND DELIVERY OF NATURAL GAS AT THE CITY OF TRENTON WATER UTILITY AND SEWER UTILITY FACILITIES. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 23 BY MESSRS. BETHEA AND SEGURA – RESOLUTION NO. 06-752 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 08691, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A SECTION OF ROADWAY IN NORTH OLDEN AVENUE; in an amount not to exceed $62,572.49. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 6. The following voted nay: Ms. Lartigue – 1. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 06-753 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO PROVIDE TEMPORARY EMPLOYMENT SERVICES AS NEEDED FOR THE DEPARTMENT OF PUBLIC WORKS, WATER BILLING OFFICE; to Catalyst Solutions, Inc. in an amount not to exceed $12,266.10. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MS. STATON – RESOLUTION NO. 06-754 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY OF OIL AND GREASE ON AN AS NEEDED BASIS FOR THE VARIOUS DIVISIONS OF THE CITY OF TRENTON; to U.S. Lubes - $63,777.00. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 24 BY MS. LARTIGUE – RESOLUTION NO. 06-755 – MOVED ITS ADOPTION RESOLUTION AMENDING RESOLUTION #06-464 ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 06-756 – MOVED ITS ADOPTION RESOLUTION OF NEED FOR BAYVILLE HOLDINGS LLC. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Segura. The Clerk then read said ordinance by title: ORDINANCE AUTHORIZING THE SALE OF CERTAIN CITY OWNED PROPERTIES TO THE MERCER COUNTY IMPROVEMENT AUTHORITY PURSUANT TO N.J.S.A. 40A:12-13(b)(1) WHEREAS, the Mercer County Improvement Authority (hereinafter “MCIA”) and the City of Trenton wish to facilitate the development of the Performa Entertainment District on property located on South Broad Street and Hamilton Avenue; and WHEREAS, the City Council of the City of Trenton has vacated public rights to a portion of Conovers Alley and an unnamed right of way, property on which a part of the Performa Entertainment District will be constructed; and WHEREAS, the City has agreed to contribute the vacated portion of Conovers Alley, as particularly described in Attachment “A”, and the unnamed right of way to the project, as particularly described in Attachment “B”; and WHEREAS, the “Local Lands and Buildings Law” at N.J.S.A. 40A:12-13(b)(1) authorizes the sale of City property to “any political subdivision, agency, department, commission, board or body corporate and politic of the State of New Jersey” for nominal consideration; and WHEREAS, the Mercer County Improvement Authority is a public entity created pursuant to N.J.S.A. 40:37A-44 et seq. NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton as follows: December 21, 2006, Page 25 1. The properties identified herein shall be conveyed by private sale to the Mercer County Improvement Authority for a total consideration not to exceed One Dollar ($1.00) pursuant to N.J.S.A. 40A:12-13(b)(1). 2. The Mayor is hereby authorized to execute any and all documents pertaining to the sale authorized by this ordinance. 3. The City Clerk is hereby directed to attest to the execution of the agreement, and to publish this Ordinance as required by applicable law. 4. This Ordinance shall take effect after final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Staton. The Clerk then read said ordinance by title: ORDINANCE AMENDING ORDINANCE NO. 04-38 ENTITLED ORDINANCE AUTHORIZING ACQUISITION AND/OR CONDEMNATION OF CERTAIN REAL PROPERTY KNOWN AS 26 AND 32-40 MULBERRY STREET BLOCK 199, LOTS 1, 2, 3 AND 4 WHEREAS, Ordinance No. 04-38 authorized the acquisition of a certain real property located at 26 and 32-30 Mulberry Street, Block 199, Lots 1,2,3, and 4; and WHEREAS, the City of Trenton offered to purchase the aforesaid property for the purchase price of $747,200.00 based on an appraisal prepared by a Certified Appraisal Company; and WHEREAS, the Superior Court requested an updated appraisal and the appraiser has prepared a new appraisal with an increase in value of the property to $1,067,400.00; and December 21, 2006, Page 26 WHEREAS, the purchase price shall be $1,200,000.00 inclusive of relocation and other costs, as negotiated and agreed upon by the City of Trenton and John Scarpati; and WHEREAS, it is to the best interest of the City of Trenton to acquire said property and to ensure that clear and insurable title is obtained from said owner. WHEREAS, funds in the amount of $452,800.00 are available in the Assunpink Greenway Acquisition Capital Budget, Account Number: C-04-03-70-1120-000. NOW THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton that said Ordinance is hereby amended solely to increase the purchase price of said property to $1,200,000.00 and that additional amount of $452,800.00 is authorized for said acquisition. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. SEGURA – RESOLUTION NO. 06-757 – MOVED ITS ADOPTION 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 NICE SYSTEMS, INC., 301 ROUTE 17 NORTH, 10TH FLOOR, RUTHERFORD, NEW JERSEY 07070 TO PROVIDE MAINTENANCE REPAIR SERVICES FOR A NICE FREEDOM RECORDING SYSTEM, FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF COMMUNICATIONS; in an amount not to exceed $22,057.50. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. December 21, 2006, Page 27 BY MS. LARTIGUE – RESOLUTION NO. 06-758 – MOVED ITS ADOPTION RESOLUTION CANCELING PERMITS AND AUTHORIZING AND DIRECTING RETURN OF FEES; to St. John Chimney Sweeps in the amount of $43.00. The above resolution was seconded by Mr. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Pintella. The Clerk then read said ordinance by title: ORDINANCE DESIGNATING TRENTON CONCORD URBAN RENEWAL HOTEL, LLC AS EXCLUSIVE DEVELOPER OF CERTAIN PROPERTIES IN THE JOHN FITCH WAY I REDEVELOPMENT AREA AND AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WHEREAS, the City Council of the City of Trenton adopted the John Fitch Way I Avenue Redevelopment Plan in September 1997 (“Redevelopment Plan”); and WHEREAS, pursuant to the authority set forth in the “Local Redevelopment and Housing Law”, N.J.S.A. 40A:12A-1 et seq., Trenton Concord Urban Renewal Hotel, LLC, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615, is hereby granted exclusive development rights with respect to property known as Block 106, Lot 2 on the Tax Maps of the City of Trenton for the purpose of stabilizing the existing Hotel as a redevelopment project in furtherance of the Redevelopment Plan, and to develop the balance of the land (“Development Area”) in accordance with the Redevelopment Plan; and WHEREAS, the City has determined that Trenton Concord Urban Renewal Hotel, LLC is qualified to undertake the development in a manner consistent with the objectives of the Redevelopment Plan. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. Trenton Concord Urban Renewal Hotel, LLC, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615, is hereby granted exclusive development rights with respect to property known as Block 106, Lot 2 on the Tax Maps of the City of Trenton for the purpose of stabilizing the existing Hotel as a redevelopment project in furtherance of the Redevelopment Plan, and to redevelop the balance of the land (“Development Area”) in accordance with the Redevelopment Plan. 2. This acting is taken pursuant to the Local Redevelopment and Housing Law at N.J.S.A. 40A:12A-8(f) for the purpose of implementing the John Fitch Way I Redevelopment Plan. December 21, 2006, Page 28 3. The Redevelopment Agreement between the City of Trenton and Trenton Concord Urban Renewal Hotel, LLC is hereby approved, and the Mayor is authorized to execute same. 4. The City Clerk is hereby directed to attest to the execution of the Redevelopment Agreement, and to publish this Ordinance as required by law. 5. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Lartigue. The Clerk then read said ordinance by title: ORDINANCE DESIGNATING TRENTON CONCORD URBAN RENEWAL GARAGE, LLC AS EXCLUSIVE DEVELOPER OF CERTAIN PROPERTIES IN THE JOHN FITCH WAY I REDEVELOPMENT AREA AND AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WHEREAS, the City Council of the City of Trenton adopted the John Fitch Way I Avenue Redevelopment Plan in September 1997 (“Redevelopment Plan”); and WHEREAS, pursuant to the authority set forth in the “Local Redevelopment ad Housing Law”, N.J.S.A. 40A:12A-1 et seq., Trenton Concord Urban Renewal Garage, LLC, 8601 Six Forks Road, Forum I, Suite 540, Raleigh, NC 27615, is hereby granted exclusive development rights with respect to property known as Block 106, Lot 1 on the Tax Maps of the City of Trenton for the purpose of stabilizing the existing Garage as a redevelopment project in furtherance of the Redevelopment Plan, and to redevelop the balance of the land (“Development Area”) in accordance with the Redevelopment Plan; and WHEREAS, the City has determined that Trenton Concord Urban Renewal Garage, LLC is qualified to undertake the development in a manner consistent with the objectives of the Redevelopment Plan. December 21, 2006, Page 29 NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. Trenton Concord Urban Renewal Garage, LLC, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615, is hereby granted exclusive development rights with respect to property known as Block 106, Lot 1 on the Tax Maps of the City of Trenton for the purpose of stabilizing the existing Garage as a redevelopment project in furtherance of the Redevelopment Plan, and to redevelop the balance of the land (“Development Area”) in accordance with the Redevelopment Plan. 2. This acting is taken pursuant to the Local Redevelopment and Housing Law at N.J.S.A. 40A:12A-8(f) for the purpose of implementing the John Fitch Way I Redevelopment Plan. 3. The Redevelopment Agreement between the City of Trenton and Trenton Concord Urban Renewal Garage, LLC is hereby approved, and the Mayor is authorized to execute same. 4. The City Clerk is hereby directed to attest to the execution of the Redevelopment Agreement, and to publish this Ordinance as required by law. 5. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Lartigue. The Clerk then read said ordinance by title: AN ORDINANCE GRANTING A LONG-TERM TAX EXEMPTION WITH RESPECT TO NEW RESIDENTIAL DEVELOPMENT ON PROPERTY THAT IS PART OF THE MARRIOTT HOTEL., BLOCK 106, LOT 2 PURSUANT TO N.J.S.A. 40A:12A-64 ET SEQ., AND N.J.S.A. 40A:20-1 ET SEQ December 21, 2006, Page 30 WHEREAS, Trenton Concord Urban Renewal Condominiums, LLC, having its principal office c/o Concord Hospitality Enterprises Company, 8601 Six Forks Road, Forum I, Suite 540, Raleigh, NC 27615, intends to construct condominiums on portions of property currently a part of the Trenton Marriott Conference Center, designated on the Tax Maps of the City of Trenton generally located at Block 106, Lot 2, and commonly known as 1 Lafayette Street, Trenton, NJ; and WHEREAS, said property is located within the John Fitch Way I Redevelopment Area designated by the City Council of the City of Trenton and the City of Trenton Urban Enterprise Zone; and WHEREAS, N.J.S.A. 40A:12A-66 provides, in pertinent part, that a “municipality that has designated a redevelopment area… may provide for tax abatement within the redevelopment area and for payments in lieu of taxes” pursuant to N.J.S.A. 40A:20-1 et seq., without regard to the minimum and maximum annual service charges set forth therein with respect to redevelopment projects financed with bonds; and WHEREAS, Trenton Concord Urban Renewal Condominiums, LLC, an eligible urban renewal entity pursuant to the requirements set forth in N.J.S.A. 40A:20-1 et seq. has requested that the City of Trenton grant a long-term tax exemption under the terms set forth in the Financial Agreement attached hereto; and WHEREAS, Trenton Concord Urban Renewal Condominiums, LLC will provide evidence that an eligible urban renewal entity has been formed; and WHEREAS, a long-term tax exemption is necessary to make the subject condominium development project competitive with suburban development alternatives. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. A tax abatement in lieu of taxes with respect to the construction of new residential units at the Marriott Hotel Conference Center, 1 Lafayette Street, Trenton, NJ, designated on the Tax Maps of the City of Trenton generally as Block 106, Lot 2, is hereby granted pursuant to the terms set forth in the financial agreement. 2. The Mayor is hereby authorized to execute the Financial Agreement attached hereto as Attachment “A” and all other related documents, with respect to the tax abatement in lieu of taxes hereby granted in accordance with authority and all of the requirements set forth in N.J.S.A. 40A:12A- 64 et seq., and N.J.S.A. 40A:20-1 et seq. 3. The City Clerk is hereby directed to attest to the execution of the Financial Agreement, and to publish this Ordinance as required by law. 4. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. December 21, 2006, Page 31 Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Ms. Lartigue. The Clerk then read said ordinance by title: AN ORDINANCE GRANTING A LONG-TERM TAX EXEMPTION WITH RESPECT TO NEW RETAIL DEVELOPMENT ON PROPERTY THAT IS PART OF THE LAFAYETTE YARD PARKING GARAGE, BLOCK 106, LOT 1, PURSUANT TO N.J.S.A. 40A:12A-64 ET SEQ., AND N.J.S.A. 40A:20-1 ET SEQ WHEREAS, Trenton Concord Urban Renewal Retail, LLC having its principal office c/o Concord Hospitality Enterprises Company, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615 intends to make improvements for retail uses on property that is a part of the Lafayette Yard Parking Garage, designated on the Tax Maps of the City of Trenton as Block 106, Lot 1; and WHEREAS, said property is located within the John Fitch Way 1 Redevelopment Area designated by the City Council of the City of Trenton; and WHEREAS, N.J.S.A. 40A:12A-66 provides, in pertinent part, that a “municipality that has designated a redevelopment area…may provide for tax abatement within that redevelopment area and for payments in lieu of taxes” pursuant to N.J.S.A. 40A:20-1 et seq. without regard to the minimum and maximum annual service charges set forth therein with respect to redevelopment projects financed with bonds; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC, an eligible urban renewal entity pursuant to the requirements set forth in N.J.S.A. 40A:20-1 et seq. has requested that the City of Trenton grant a long-term tax exemption under the terms set forth in the Financial Agreement attached hereto; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC will provide evidence that an eligible urban renewal entity has been formed; and WHEREAS, a long-term tax exemption is necessary to make the subject parking garage in conjunction with the subject retail project competitive with suburban development alternatives. NOW, THEREFORE, IT IS ORDAINED by the City Council of the Cit of Trenton, as follows: 1. A tax abatement in lieu of taxes with respect to improvements for retail use on property that is a part of the Lafayette Yard Parking Garage, designated on the Tax Maps of the City of Trenton as Block 106, Lot 1, is hereby granted pursuant to the terms set forth in the financial agreement. December 21, 2006, Page 32 2. The Mayor is hereby authorized to execute the financial agreement attached hereto as Attachment “A”, and all other related documents, with respect to the tax abatement in lieu of taxes hereby granted in accordance with the authority and all of the requirements set forth in N.J.S.A. 40A:12A-64 et seq., and N.J.S.A. 40A:20-1 et seq. 3. The City Clerk is hereby directed to attest to the execution of the Financial Agreement, and to publish this Ordinance as required by law. 4. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Melone. The Clerk then read said ordinance by title: AN ORDINANCE GRANTING A LONG-TERM TAX EXEMPTION WITH RESPECT TO THE MARRIOTT HOTEL, BLOCK 106, LOT 2 PURSUANT TO N.J.S.A. 40A:12A-64 ET SEQ., AND N.J.S.A. 40A:20-1 ET SEQ. WHEREAS, Trenton Concord Urban Renewal Retail, LLC having its principal office c/o Concord Hospitality Enterprises Company, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615 intend to purchase the Trenton Marriott Conference Center, designated on the Tax Maps of the City of Trenton generally located at Block 106, Lot 2 from the Lafayette Yard Community Development Corporation, and commonly known as 1 Lafayette Street, Trenton, NJ; and WHEREAS, said property is located within the John Fitch Way 1 Redevelopment Area designated by the City Council of the City of Trenton and the City of Trenton Urban Enterprise Zone; and December 21, 2006, Page 33 WHEREAS, N.J.S.A. 40A:12A-66 provides, in pertinent part, that a “municipality that has designated a redevelopment area…may provide for tax abatement within that redevelopment area and for payments in lieu of taxes” pursuant to N.J.S.A. 40A:20-1 et seq. without regard to the minimum and maximum annual service charges set forth therein with respect to redevelopment projects financed with bonds; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC, an eligible urban renewal entity pursuant to the requirements set forth in N.J.S.A. 40A:20-1 et seq. has requested that the City of Trenton grant a long-term tax exemption under the financial terms set forth in attachment A, which is incorporated herein by reference; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC will provide evidence that an eligible urban renewal entity has been formed; and WHEREAS, a long-term tax exemption is necessary to make the subject hotel conference center project competitive with suburban development alternatives. NOW, THEREFORE, IT IS ORDAINED by the City Council of the Cit of Trenton, as follows: 1. A tax abatement in lieu of taxes with respect to the Marriott Hotel Conference Center, 1 Lafayette Street, Trenton, NJ, designated on the Tax Maps of the City of Trenton generally as Block 106, Lot 2, is hereby granted pursuant to the financial terms set forth in Attachment “A” of this Ordinance. 2. The Mayor is hereby authorized to execute the financial agreement attached hereto as Attachment “B”, and all other related documents, with respect to the tax abatement in lieu of taxes hereby granted in accordance with the authority and all of the requirements set forth in N.J.S.A. 40A:12A-64 et seq., and N.J.S.A. 40A:20-1 et seq. 3. The City Clerk is hereby directed to attest to the execution of the Financial Agreement, and to publish this Ordinance as required by law. 4. This Ordinance shall take effect upon final passage and publication in accordance with applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 December 21, 2006, Page 34 BY MR. BETHEA Mr. Bethea introduced the following ordinance and moved for first reading and passage thereon, which motion was seconded by Mr. Pintella. The Clerk then read said ordinance by title: AN ORDINANCE GRANTING A LONG-TERM TAX EXEMPTION WITH RESPECT TO THE LAFAYETTE YARD PARKING GARAGE, BLOCK 106, LOT 1, PURSUANT TO N.J.S.A. 40A:12A-64 ET SEQ., AND N.J.S.A. 40A:20- 1 ET SEQ. WHEREAS, Trenton Concord Urban Renewal Retail, LLC having its principal office c/o Concord Hospitality Enterprises Company, 8601 Six Forks Road, Forum 1, Suite 540, Raleigh, NC 27615 intends to purchase the Lafayette Yard Parking Garage, designated on the Tax Maps of the City of Trenton as Block 106, Lot 1 from the Trenton Parking Authority; and WHEREAS, said property is located within the John Fitch Way 1 Redevelopment Area designated by the City Council of the City of Trenton; and WHEREAS, N.J.S.A. 40A:12A-66 provides, in pertinent part, that a “municipality that has designated a redevelopment area…may provide for tax abatement within that redevelopment area and for payments in lieu of taxes” pursuant to N.J.S.A. 40A:20-1 et seq. without regard to the minimum and maximum annual service charges set forth therein with respect to redevelopment projects financed with bonds; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC, an eligible urban renewal entity pursuant to the requirements set forth in N.J.S.A. 40A:20-1 et seq. has requested that the City of Trenton grant a long-term tax exemption under the terms set forth in the Financial Agreement attached hereto; and WHEREAS, Trenton Concord Urban Renewal Retail, LLC will provide evidence that an eligible urban renewal entity has been formed; and WHEREAS, a long-term tax exemption is necessary to make the subject parking garage in conjunction with the adjacent hotel conference center project competitive with suburban development alternatives. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. A tax abatement in lieu of taxes with respect to improvements for retail use on property that is a part of the Lafayette Yard Parking Garage, designated on the Tax Maps of the City of Trenton as Block 106, Lot 1, is hereby granted pursuant to the financial terms set forth in Attachment “A” to this Ordinance. 2. The Mayor is hereby authorized to execute the financial agreement attached hereto as Attachment “B”, and all other related documents, with respect to the tax abatement in lieu of taxes hereby granted in accordance with the authority and all of the requirements set forth in N.J.S.A. 40A:12A-64 et seq., and N.J.S.A. 40A:20-1 et seq. 3. The City Clerk is hereby directed to attest to the execution of the Financial Agreement, and to publish this Ordinance as required by law. 4. This Ordinance shall take effect upon final passage and publication in accordance with applicable law.  December 21, 2006, Page 35 On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Segura, seconded by Ms. Staton, that Thursday, January 4, 2007, at 5:30 p.m., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey, be and the same hereby fixed as the time and place where said ordinance will be further considered on second reading and final passage and the Clerk be and is hereby authorized and directed to publish said ordinance and give public notice of its introduction and passage on first reading according to law, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED – HEARING JANUARY 4, 2007 Councilman Gino Melon presented Winston Thomas with a Certificate of Appreciation for his heroic action on saving lives at the tragic fire on December 4, 2006. Cameron Hunt, 571 Rutherford Avenue, appeared and presented council with a letter on behalf of the Rutherford Avenue Civic Association, requesting that the section of Rutherford Avenue, between Prospect Street and Hermitage Avenue that is the geographic boundary of the RACA be identified by the name of “Rutherford Heights”. APPEARED. A motion was made by Councilwoman Lartigue that the 400 and 500 block of Rutherford Avenue be designated as Rutherford Heights, effective December 21, 2006. The above motion was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED. Anthony Tucker, 26 South Westfield Avenue, submitting a petition signed by members of the Senior Nutrition Center regarding the transfer of Ms. Lorene Williams as coordinator of Office on Aging with Health and Human Services. APPEARED. John Harmon, 200 East State Street, appeared and spoke regarding the purchase of the Marriott Hotel. APPEARED. Bea Perry, 26 Sylvester Avenue, appeared and thanked everyone for their concerns. Also, thanked Mr. Leonard Pucciatti, Director of Inspections, for all of his help. APPEARED. December 21, 2006, Page 36 Patricia Stewart, 679 Lamberton Street, appeared and spoke regarding the Needle Exchange Program. APPEARED. Dion Clark, 323 Walnut Avenue, appeared and submitted pictures taken of the filth in the Wilber Section of the City of Trenton. APPEARED. Cory Hamilton, 387 Plaza Blvd., Morrisville, PA, appeared and inquired as to where he can receive funding for his organization that helps with children. APPEARED. Emerson Simmons, 171 Old Rose Street, appeared and spoke of deed restriction on the Jefferson King Site. APPEARED. No one else appearing, motion was made by Mr. Bethea, seconded by Ms. Lartigue, to adjourn, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. The President thereupon declared said motion adopted. ADOPTED. Adjourned at 7:12 p.m. There were approximately forty (40) people in attendance at this meeting. President Acting Deputy City Clerk