City Council

MINUTES February 1, 2007 Trenton Council Chamber 5:35 p.m. 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 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 January 26, 2006. A regular meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:35 p.m., in the Council Chamber, City Hall. The meeting was called to order by President Pintella, and, on roll call, the following members were present: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. 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. Motion was made by Mr. Melone, seconded by Mr. Segura, that the minutes of the meeting held on January 9, 2007, be approved and the reading thereof dispensed with, 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. BY THE CLERK Proof of publication of an ordinance entitled “ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER XIV, “TRAFFIC”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Melone, seconded by Mr. Pintella, 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 Ms. Lartigue, 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. February 1, 2007 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 AUTHORIZING THE EXECUTION OF A CONSERVATION EASEMENT BETWEEN THE CITY OF TRENTON AND THE DELAWARE AND RARITAN CANAL COMMISSION”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Bethea, seconded by Mr. Pintella, 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 Ms. Lartigue, 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 Edward D. Hatrak, Sr., 42 Delaware Avenue, West Trenton, NJ – submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Communication from Karen Ellis, 128 Burton Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Communication from Charles Teel, 330 Rutherford Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. February 1, 2007 Civil Action (summons) – in the matter of Edwin Herrera vs. Edgar’s Roofing and Demolition, PSE&G, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Civil Action (summons) – in the matter of Edward Flores vs. City of Trenton, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Civil Action (summons) – in the matter of Robert Hill vs. City of Trenton, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Civil Action (summons) – in the matter of Washington Mutual Bank vs. Norma Fishburne, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Communication from Michael R. Morris, 1502 S. Broad St., Trenton – submitting Claim for Damages against the City of Trenton. (property damage) RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Comcast – submitting notice of channel line-up changes. RECEIVED AND FILED. Civil Action – in the matter of Lind and Anthony LaBella vs. City of Trenton, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Communication from Mercer County Board of Chosen Freeholders – submitting copy of Resolution No. 2007-1, adopted January 5, 2007, which establishes the Freeholder Board Meeting dates for 2007. RECEIVED AND FILED. February 1, 2007 Communication from Irbin States, 729 Berkley Street, Camden, NJ – submitting Claim for Damages against the City of Trenton. (personal injury) RECEIVED AND FILED. Copies of the above communication were sent to the Department of Administration and Law. Penelope S. Edwards-Carter, Acting Deputy City Clerk – submitting report of revenue collected by the City Clerk’s Office for the month of December, 2006. RECEIVED AND FILED. Karen Marut, Purchasing Agent – submitting report of bids received on January 22, 2007. RECEIVED AND FILED. BY MR. BETHEA – RESOLUTION NO. 07-32 – MOVED ITS ADOPTION RESOLUTION APPROVING TRANSFER OF ALCOHOLIC BEVERAGE LICENSE. The above resolution was seconded by Mr. Melone 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. 07-33 – 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 S. HARRIS AND COMPANY ARCHITECTURAL TECHNOLOGY, 2601 PENNSYLVANIA AVENUE, SUITE EIGHT, PHILADELPHIA, PA 19103 TO PROVIDE STRUCTURAL ENGINEERING SERVICES AT THE HISTORIC DELAWARE INN, 1024 LAMBERTON STREET, TRENTON, NJ, FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT, in an amount not to exceed $32,668.50. The above resolution was seconded by Mr. Melone 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. 07-34 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR THE FURNISHING AND DELIVERY OF THREE (3) EACH NEW 2007 CHEVROLET CC4500, MEDIUM BLUE SERVICE UTILITY TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, to Gallo GMC Truck Sales, Inc. in an amount not to exceed $199,854.00. February 1, 2007 The said resolution was seconded by Mr. Melone 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 AND MS. STATON – RESOLUTION NO. 07-35 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING CHANGE ORDER ONE TO THE CONTRACT WITH T. P. BRYAN ELECTRIC CO., INC., 1926 CHESTNUT AVENUE, TRENTON, NEW JERSEY 08611 FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE WEST END LITTLE LEAGUE BATTING CAGE AT EDGEWOOD AVENUE PARK, in an amount not to exceed $18,800.00. The above resolution was seconded by Mr. Melone 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. 07-36 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AN APPLICATION FOR A GRANT FROM THE NEW JERSEY STATE COUNCIL ON THE ARTS FOR 2007 HERITAGE DAYS FESTIVAL MARKETING AND PROGRAMMING, in the amount of $40,000. The above resolution was seconded by Mr. Melone 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. 07-37 – MOVED ITS ADOPTION RESOLUTION RESCINDING RESOLUTION 06-669 WHICH COMMITTED RCA PROGRAM FUNDS IN THE AMOUNT OF $145,000 TO THE TRENTON PROSPECT HOUSE SENIOR HOUSING PROJECT. 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. February 1, 2007 BY MR. BETHEA – RESOLUTION NO. 07-38 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING A COMMITMENT OF RCA FUNDS, FY 2006 HOME PROGRAM FUNDS AND HOMEOWNERSHIP ZONE PROGRAM FUNDS IN THE AMOUNT OF $2,200,000.00 TO PASSAIC STREET HOUSING, LLC FOR THE SOUTHWEST VILLAGE II HOMEOWNERSHIP PROJECT. Several members of Council discussed the benefits of RCA funds. The said resolution was seconded by Mr. Melone and adopted with the following voting aye: Messrs. Bethea, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 6. The following voted nay: Mr. Coston – 1. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 07-39 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE SALE OF SCRAP WATER METERS AND MEASURING CHAMBERS NO LONGER NEEDED FOR PUBLIC USE FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY. The above resolution was seconded by Mr. Melone 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. 07-40 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE ACCEPTANCE OF TWO $400,000 GRANTS AND TWO $400,000 LOANS FROM THE NEW JERSEY GREEN ACRES PROGRAM. The above resolution was seconded by Mr. Melone 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. 07-41 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING CHANGE ORDERS #1-11 TO THE CONTRACT WITH J.H. WILLIAMS ENTERPRISES, INC., 575 MOORELAND AVENUE, BURLINGTON, NJ 08016 FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR RENOVATIONS AND ALTERATIONS TO THE DEPARTMENT OF ADMINISTRATION, CITY HALL, in an amount not to exceed $17,593.91. The above resolution was seconded by Mr. Melone and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. February 1, 2007 The President thereupon declared said resolution adopted. ADOPTED. BY MS. STATON – RESOLUTION NO. 07-42 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #07-1, for 229 Walnut Avenue, etc. The above resolution was seconded by Mr. Melone 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. 07-43 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR A GRANT FROM THE DELAWARE VALLEY REGIONAL PLANNING COMMISSION’S TRANSPORTATION AND COMMUNITY DEVELOPMENT INITIATIVE. The above resolution was seconded by Mr. Melone 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. 07-44 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY AND OBTAIN FUNDS FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, NEIGHBORHOOD PRESERVATION BALANCED HOUSING PROGRAM ON BEHALF OF PASSAIC STREET HOUSING, LLC FOR THE SOUTHWEST VILLAGE HOMEOWNERSHIP PROJECT. The above resolution was seconded by Mr. Melone 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 AND MS. STATON – RESOLUTION NO. 07-45 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO HEAR AND REVIEW PROPOSED CHANGES TO THE CASS STREET REDEVELOPMENT PLAN. 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. February 1, 2007 The President thereupon declared said resolution adopted. ADOPTED. BY MR. MELONE – RESOLUTION NO. 07-46 – MOVED ITS ADOPTION MEMORIAL RESOLUTION FOR ROBERT J. BARBER, SR. 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. After the President had asked if anyone wished to speak on any matter, Jackie Blakey, 15 Fell Street, Trenton, appeared and commended the Police Director for his outstanding commentary on Tuesday. Also, she feels that the City should not give employees cars to drive. The employees should receive funds to compensate for the use of their car. APPEARED. Dion Clark, 323 Walnut Avenue, Trenton, appeared and submitted pictures showing the condition of some properties located in the Wilbur Section. Mr. Clark also spoke concerning slum landlords in the City of Trenton. APPEARED. Patricia Stewart, 679 Lamberton Street, Trenton, appeared and thanked the city for replacing the traffic light at the corner of Lamberton and Furman. Also, she feels that people do not have the right to live where they wish. APPEARED. Marjorie Pinder, 757 Centre Street, Trenton, appeared and spoke of her concerns regarding a city consultant receiving the benefits of a city car. She also thanked Councilman Coston and Director Pucciatti for their help with her problems. APPEARED. Donald Brokate, 104 Cornwall Avenue, appeared and informed council of the passing of John Moser. APPEARED. The President at this time asked for a moment of silence in remembrance of John Moser, who passed away on January 30, 2007. Diane Lockhart, 305 Hawthorn Place, Lawrenceville, NJ, owner of Club XL, located at 1701 Calhoun Street, Trenton, appeared and spoke regarding the decision that Trenton City Council made regarding her liquor license. APPEARED. Derrick Johnson, 236 Mercer Street, Trenton, appeared and spoke regarding the decision that Trenton City Council made pertaining to Club XL. APPEARED. February 1, 2007 John Ungrady, 577 Second Street, Trenton, appeared and spoke regarding heavy duty trucks driving on Cass Street, and of the operating hours of Barber Shops in the City of Trenton. APPEARED. No one else appearing, motion was made by Mr. Pintella, seconded by Ms. Lartigue, to close the public comment portion of this meeting, 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. Motion was made by Mr. Bethea, seconded by Ms. Staton, to reconvene in the Conference Room for an executive session with regards to personnel matters, 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. The meeting adjourned at 6:25 p.m. There were approximately fifty (50) people in attendance at this meeting. Respectfully submitted, President Acting Deputy City Clerk