City Council

MINUTES February 15, 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 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 February 9, 2007. 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. This 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 the roll call, invocation was given by Acting Deputy City Clerk Penelope S. Edwards-Carter. The Clerk then led the assembly in the pledge of the allegiance to the flag. The President at this time asked for a moment of silence in remembrance of the passing of Trenton residents Stephen Jackson, Jeffrey Napoleon, and David Kelty, and Director Pucciatti’s father-in-law. Motion was made by Mr. Melone, seconded by Mr. Segura, that the minutes of the City Council meetings held on January 18, 24, 30, and February 1, 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: “BOND ORDINANCE OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY AMENDING SECTION 3(e) OF BOND ORDINANCE NUMBERED #06-102 FINALLY ADOPTED DECEMBER 21, 2006 IN ORDER TO INCREASE THE AUTHORIZATION AMOUNT”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Melone, seconded by Mr. Segura, 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. Staton, seconded by Mr. Pintella, 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. February 15, 2007 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 Civil Action (Summons) – in the matter of Mooring Tax Asset Group LLC vs. Joseph S. Tysowski, Jr., et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action (Final Judgment) – in the matter of CARF Realty 1997, L.L.C., vs. Glen Ivery, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Communication from Kimberly Ann Busch, 4 Barbara St., 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 Departments of Law and Administration. Civil Action – in the matter of Philadelphia Indemnity Insurance Company vs. DiStefano Plumbing Group, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action (Amended Complaint and Jury Demand) – in the matter of Edwin Herrera vs. Edgar’s Roofing and Demolition, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action (Summons) – in the matter of MidFirst Bank vs. Jose I. Natal et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. February 15, 2007 Civil Action – in the matter of Michael Guttman vs. Sonya A. Morgano, et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Communication from Kees J. Geurds, 102 Hinckle Avenue, Ewing, NJ – submitting Claim for Damages against the City of Trenton. (property damage). RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Communication from Delaware and Raritan Canal Commission – submitting meeting dates for the calendar year 2007. RECEIVED AND FILED. Communication from Mercer County Planning Board – submitting agenda for February 14, 2007. RECEIVED AND FILED. BY THE CLERK Penelope S. Edwards-Carter, Acting Deputy City Clerk – advising that the following Raffle Application has been approved as of February 15, 2007 – American Legion Post #458 North Trenton, 1438 Brunswick Avenue, Trenton, NJ. RECEIVED AND FILED. BY MS. STATON – RESOLUTION NO. 07-47 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE PURCHASE OF WIRELESS DEVICES AND SERVICES FROM VERIZON WIRELESS, P.O. BOX 17464, BALTIMORE, MD 21297-1464 FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $60,000.00. 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. BY MS. LARTIGUE – RESOLUTION NO. 07-48 – MOVED ITS ADOPTION RESOLUTION AMENDING RESOLUTION NUMBER 06-685 THAT AWARDED A CONTRACT TO AWT ENVIRONMENTAL SERVICES, INC., P.O. BOX 128, SAYREVILLE, NEW JERSEY 08872 FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE DISPOSAL OF HAZARDOUS SOIL, LOADING, TRANSPORT AND DISPOSAL AT THE MAGIC MARKER SITE, 467 CALHOUN STREET, FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT. February 15, 2007 The said 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. BY MS. STATON – RESOLUTION NO. 07-49 – MOVED ITS ADOPTION RESOLUTION AWARDING A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ., TO EMA, INC., 191 TERRY ROAD, HARTFORD, CT 06105, TO PROVIDE MANAGEMENT CONSULTANT SERVICES THAT WILL INCLUDE THE ANALYSIS OF ORGANIZATIONAL STRUCTURES AND EFFICIENCY IN THE DEPARTMENTS OF HEALTH AND HUMAN SERVICES; RECREATION, NATURAL RESOURCES & CULTURE; PUBLIC WORKS; AND INSPECTIONS, in an amount not to exceed $200,000.00. 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. BY MS. LARTIGUE AND MS. STATON – RESOLUTION NO. 07-50 – MOVED ITS ADOPTION RESOLUTION ACCEPTING A CONTRACT PURSUANT TO THE BODY ARMOR REPLACEMENT FUND ACT, P.L. 1997, C.177 (N.J.S.A. 52:17B-4.4) BY THE NEW JERSEY DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY, in an amount not to exceed $33,892.64. 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. BY MS. STATON – RESOLUTION NO. 07-51 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO WILFRED MACDONALD, INC., 19 CENTRAL BLVD., S. HACKENSACK, NJ 07606, FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH JACOBSEN HR-9016 TURBO ROTARY MOWER, FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE, DIVISION OF NATURAL RESOURCES, in an amount not to exceed $67,644.00. 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. February 15, 2007 BY MR. BETHEA – RESOLUTION NO. 07-52 – MOVED ITS ADOPTION RESOLUTION DESIGNATING CWC MASON CONTRACTORS GROUP, INC. AS DEVELOPER AND AUTHORIZING A COMMITMENT OF FUNDS IN THE AMOUNT OF $17,696.40 FOR THE PASHLEY WILLOW SIDEWALK PROJECT. 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. BY MR. COSTON – RESOLUTION NO. 07-53 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO PETRO TECH MECHANICAL, 18 COACH LANE, CHERRY HILL, NEW JERSEY 08002 TO PROVIDE AND INSTALL UPGRADES TO THE “FUELMASTER” FUEL MANAGEMENT SYSTEM FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ., in an amount not to exceed $22,315.00. 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. BY MR. BETHEA – RESOLUTION NO. 07-54 – MOVED ITS ADOPTION RESOLUTION AMENDING RESOLUTION NUMBER 06-753 THAT AWARDED A CONTRACT TO CATALYST SOLUTIONS, INC., 50 EAST STATE STREET, SUITE 211, TRENTON, NEW JERSEY 08608 TO PROVIDE TEMPORARY EMPLOYMENT SERVICES ON AN AS NEEDED BASIS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER BILLING OFFICE. 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. BY MS. STATON – RESOLUTION NO. 07-55 – MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO CARROLL INDUSTRIES, 4 YOUNGS ROAD, TRENTON, NJ 08619, FOR THE FURNISHING OF ALL LABOR, MATERIALS AND EQUIPMENT FOR THE BUILDING AND SITE DEMOLITION AT THE STORCELLA SITE, 21 NOTTINGHAM WAY, TRENTON, NJ, FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT, in an amount not to exceed $146,070.00. February 15, 2007 The said 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. BY MR. BETHEA – RESOLUTION NO. 07-56 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING CHANGE ORDER NUMBER ONE TO THE CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NJ 08619 TO PROVIDE SITE WORK AND LIGHTING AT THE 1719 WILLIAM TRENT HOUSE MUSEUM, in an amount not to exceed $8,890.00. The above resolution was seconded by Mr. Segura 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. STATON – RESOLUTION NO. 07-57 – MOVED ITS ADOPTION RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $15,000 FROM THE NEW JERSEY COUNCIL ON THE ARTS FOR HERITAGE DAYS FESTIVAL MARKETING AND EXPANSION. 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. BY MR. BETHEA AND MS. STATON – RESOLUTION NO. 07-58 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO HEAR AND REVIEW PROPOSED CHANGES TO THE NEW YORK AVENUE REDEVELOPMENT PLAN. 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. BY MS. LARTIGUE – RESOLUTION NO. 07-59 – MOVED ITS ADOPTION RESOLUTION ACCEPTING TWO GRANTS ($30,000 GENERAL ASSISTANCE; $50,000 EQUIPMENT) FROM THE STATE OF NEW JERSEY, OFFICE OF EMERGENCY TELECOMMUNICATIONS. February 15, 2007 The said 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. 07-60 – MOVED ITS ADOPTION RESOLUTION COMMITTING $150,000 IN REGIONAL CONTRIBUTION AGREEMENT FUNDS TO LEEWOOD CP NORTH, LLC FOR NEW ROSE STREET REDEVELOPMENT HOUSING PROJECT. 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. BY MR. BETHEA – RESOLUTION NO. 07-61 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE CITY OF TRENTON TO SUBMIT AN APPLICATION AND TO ACCEPT AND DISBURSE FUNDS FROM THE NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY’S CHOICES IN HOME OWNERSHIP INCENTIVES CREATED FOR EVERYONE PROGRAM FOR THE NEW ROSE STREET HOMEOWNERSHIP PROJECT. 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. BY MS. STATON – RESOLUTION NO. 07-62 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AN APPLICATION FOR A HIGHWAY SAFETY GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, PEDESTRIAN SAFETY EDUCATION AND ENFORCEMENT PROJECT, in an amount not to exceed $24,000.00. 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. BY MS. LARTIGUE – RESOLUTION NO. 07-63 – MOVED ITS ADOPTION RESOLUTION ACCEPTING A HIGHWAY SAFETY GRANT IN THE AMOUNT OF $6,000.00 FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, YOU DRINK AND DRIVE, YOU LOSE 2006 PROGRAM. February 15, 2007 The said 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. At this time according to the docket, a resolution entitled “RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH JOSEPH A. ALACQUA, ESQUIRE, 112 JOHNSTON ROAD, TURNERSVILLE, NJ 08012 TO PROVIDE PROFESSIONAL LEGAL SERVICES WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ, was to be considered by City Council. Motion was made by Mr. Melone, seconded by Mr. Segura, that the said resolution be withdrawn, 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 – RESOLUTION WITHDRAWN. BY MS. STATON – RESOLUTION NO. 07-64 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING AN APPLICATION FOR A HIGHWAY SAFETY GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, AGGREGATE DRIVER ENFORCEMENT PROGRAM, in an amount not to exceed $10,000.00. 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. BY MESSRS. BETHEA AND MELONE – RESOLUTION NO. 07-65 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A GRANT ENTITLED EAST STATE STREET RECONSTRUCTION PROVIDED BY THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FISCAL YEAR 2007 MUNICIPAL AID PROGRAM, in an amount not to exceed $454,000.00. 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. At this time according to the docket, a resolution entitled “RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5-113 TO QUEEN EQUITIES LLC, was to be considered by City Council. February 15, 2007 Motion was made by Mr. Melone, seconded by Mr. Segura, that the said resolution be withdrawn, 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 – RESOLUTION WITHDRAWN. At this time according to the docket, a resolution entitled “RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5-113 TO SHUMEL KUPPERSTEIN. Motion was made by Mr. Melone, seconded by Mr. Segura, that the said resolution be withdrawn, 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 – RESOLUTION WITHDRAWN. BY MR. MELONE Mr. Melone introduced the following ordinance and moved for first reading, publication as provided by law, 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”. The City Council of the City of Trenton does ordain: That Chapter XIV, “Traffic”, be amended and supplemented as follows: 1. Amend Subsection 14-2.14, Schedule XIX, “Parking for the Handicapped”, by repealing the following: NAME OF STREET SIDES LOCATION Adeline Street East A distance of 22 feet in front of 1212 Adeline Avenue, extending to 1210 Beatty Street East A distance of 22 feet in front of 778 Beatty Street, extending to 776 Bellevue Avenue South A distance of 22 feet in front of 317 Bellevue Avenue, extending to 319 On roll call, the above motion by Mr. Melone was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 7. February 15, 2007 The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Melone, seconded by Mr. Pintella, that Thursday, March 1, 2007, at 5:30 p.m., in the Council Chamber, City Hall, be and the same is 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 MARCH 1, 2007 BY MS. STATON Ms. Staton introduced the following ordinance and moved for first reading, publication as provided by law, 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 LAMBERTON STREET REDEVELOPMENT AREA KNOWN AS 707 CENTRE STREET, BLOCK 11902, FROM JOHN GEORGE. WHEREAS, there is within the City of Trenton and the Lamberton Street Redevelopment Area certain real property identified on the City of Trenton Tax Map as Block 11902, Lots 13 and 13.01, commonly known as 707 Centre 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), and the Local Lands and Buildings Law, at N.J.S.A. 40A:12-3 and N.J.S.A. 40A:12-4, 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 John George, in order to achieve the redevelopment objectives in the Lamberton Street Redevelopment Area Plan and perform its municipal functions; and WHEREAS, the City of Trenton deems the negotiated purchase price in the amount of One Hundred Sixty-Five Thousand Dollars ($165,000.00) to be reasonable; and WHEREAS, funds have been certified to be available, as follows: $15,000 in the FY 2001 Capital Budget, Account #C-04-01-60-004G-000 and $150,000 in the FY 2007 Capital Budget, Account #C-04-07-60-102G-000. 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 lots 13 and 13.01, block 11902 commonly known as 707 Centre Street from John George in furtherance of the objectives of the Lamberton Street Redevelopment Area Plan. February 15, 2007 2. The Mayor is hereby authorized to make payment to John George in an amount not to exceed One Hundred Sixty-Five Thousand Dollars ($165,000.00) 3. The City Clerk is hereby directed to attest to the execution of all documents and to publish this Ordinance as required by applicable law. 4. All ordinances previously adopted with respect to the acquisition of subject property are hereby repealed. 5. This Ordinance shall take effect after final passage and publication in accordance with applicable law. On roll call, the above motion by Ms. Staton 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 Ms. Staton, seconded by Mr. Melone, that Thursday, March 1, 2007, at 5:30 p.m., in the Council Chamber, City Hall, be and the same is 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 MARCH 1, 2007 BY MS. STATON Ms. Staton introduced the following ordinance and moved for first reading, publication as provided by law, 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 LAMBERTON STREET REDEVELOPMENT AREA KNOWN AS 709 CENTRE STREET, BLOCK 11902, LOT 14, FROM JOHN GEORGE. WHEREAS, there is within the City of Trenton and the Lamberton Street Redevelopment Area certain real property identified on the City of Trenton Tax Map as Block 11902, Lot 14, and commonly known as 709 Centre 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), and the Local Lands and Buildings Law, at N.J.S.A. 40A:12-3 and N.J.S.A. 40A:12-4, 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, the City of Trenton deems the negotiated purchase price in the amount of Thirty-Five Thousand Dollars ($35,000.00) to be reasonable; and February 15, 2007 WHEREAS, it is in the best interest of the City of Trenton to acquire said property from John George, in order to achieve the redevelopment objectives in the Lamberton Street Redevelopment Area Plan; and WHEREAS, funds have been certified to be available, as follows: $232.81 in the FY 2000 Capital Budget, Account #C-04-00-60-011J-000; $27,580.00 in the FY 2001 Capital Budget, Account #C-04-01-60-004G-000; and $7,187.19 in the FY 2003 Capital Budget, Account #C-04-03-60-112G-000. 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 lot 14, block 11902, commonly known as 709 Centre Street from John George in furtherance of the objectives of the Lamberton Street Redevelopment Area Plan. 2. The Mayor is hereby authorized to make payment to John George in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00) 3. The City Clerk is hereby directed to attest to the execution of all documents and to publish this Ordinance as required by applicable law. 4. All ordinances previously adopted with respect to the acquisition of subject property are hereby repealed. 5. This Ordinance shall take effect after final passage and publication in accordance with applicable law. On roll call, the above motion by Ms. Staton 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 Ms. Staton, seconded by Mr. Melone, that Thursday, March 1, 2007, at 5:30 p.m., in the Council Chamber, City Hall, be and the same is 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 MARCH 1, 2007 BY MR. MELONE – RESOLUTION NO. 07-66 – MOVED ITS ADOPTION MEMORIAL RESOLUTION FOR STEPHEN H. JACKSON 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. February 15, 2007 The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 07-67 – MOVED ITS ADOPTION RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF NATALIE WILLIAMS ET AL. V. CITY OF TRENTON, EL AL. IN THE TOTAL AMOUNT OF $810,000.00. 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. BY MESSRS. BETHEA AND COSTON – RESOLUTION NO. 07-68 – MOVED ITS ADOPTION RESOLUTION DENYING RENEWAL OF ALCOHOLIC BEVERAGE LICENSE NO. 1111-33-017-005, MARK VII, T/A CLUB XL, 1701 CALHOUN STREET, TRENTON, NEW JERSEY. The above resolution was seconded by Mr. Pintella and adopted with the following voting aye: Messrs. Bethea, Coston, Segura, Ms. Staton, Mr. Pintella – 5. The following abstained from voting: Ms. Lartigue and Mr. Melone – 2. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON Mr. Coston introduced the following ordinance and moved for first reading, publication as provided by law, 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 LAMBERTON STREET REDEVELOPMENT AREA KNOWN AS 1010 LAMBERTON STREET, BLOCK 11902, PORTION OF LOT 7, FROM GASPER VITALE, JR. WHEREAS, there is within the City of Trenton and the Lamberton Street Redevelopment Area certain real property identified on the City of Trenton Tax Map as Block 11902, Portion of Lot 7, approximately 2,378.68 sq. ft., and commonly known as 1010 Lamberton 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, the City of Trenton, pursuant to 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., has the statutory authority to “(a)cquire, by condemnation, any land or building which is necessary for the redevelopment project”; and February 15, 2007 WHEREAS, it is in the best interest of the City of Trenton to acquire said property from Gasper Vitale, Jr., in order to achieve the redevelopment objectives in the Lamberton Street Redevelopment Area Plan; and WHEREAS, the City of Trenton has obtained an appraisal of said property and has established the fair market value at Fifteen Thousand Dollars ($15,000.00); and WHEREAS, funds have been certified to be available in the FY 2003 Capital Budget, Account #C-04-03-60-112G-000. 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 a portion of lot 7, block 11902 (approximately 2,378.68 square feet of vacant land) commonly known as 1010 Lamberton Street from Gasper Vitale, Jr. in furtherance of the objectives of the Lamberton Street Redevelopment Area Plan. 2. The Mayor is hereby authorized to make payment to Gasper Vitale, Jr., in an amount not to exceed Fifteen Thousand Dollars ($15,000.00). 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, and to execute any and all necessary documents necessary to acquire said property. 4. Any and all Ordinances previously adopted with respect to the acquisition of a portion of 1010 Lamberton Street are hereby repealed. 5. The City Clerk is hereby directed to attest to the execution of all documents and to publish this Ordinance as required by applicable law. 6. 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. Motion was made by Mr. Coston, seconded by Mr. Pintella, that Thursday, March 1, 2007, at 5:30 p.m., in the Council Chamber, City Hall, be and the same is 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 MARCH 1, 2007 February 15, 2007 BY MR. COSTON Mr. Coston introduced the following ordinance and moved for first reading, publication as provided by law, 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 LAMBERTON STREET REDEVELOPMENT AREA KNOWN AS 739 CENTRE STREET, BLOCK 11903, PORTION OF LOT 7, FROM BROCHA EQUITIES, LLC, WHEREAS, there is within the City of Trenton and the Lamberton Street Redevelopment Area certain real property identified on the City of Trenton Tax Map as Block 11903, Lot 7, and commonly known as 739 Centre 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, the City of Trenton, pursuant to 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., has the statutory authority to “(a)cquire, by condemnation, any land or building which is necessary for the redevelopment project”; and WHEREAS, it is in the best interest of the City of Trenton to acquire said property from Brocha Equities, LLC, in order to achieve the redevelopment objectives in the Lamberton Street Redevelopment Area Plan; and WHEREAS, the City of Trenton has obtained an appraisal of said property and has established the fair market value at Eighty-six Thousand Dollars ($86,000.00); and WHEREAS, funds are available in the FY 2005 Capital Budget, Account #C-04- 05-60-068H-000. 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 739 Centre Street from Brocha Equitities, LLC in furtherance of the objectives of the Lamberton Street Redevelopment Area Plan. 2. The Mayor is hereby authorized to make payment to Brocha Equities, LLC, in an amount not to exceed Eighty-six Thousand Dollars ($86,000.00). 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, and to execute any and all necessary documents necessary to acquire said property. 4. Any and all Ordinances previously adopted with respect to the acquisition of 739 Centre Street are hereby repealed. 5. The City Clerk is hereby directed to attest to the execution of all documents and to publish this Ordinance as required by applicable law. February 15, 2007 6. 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. Motion was made by Mr. Coston, seconded by Ms. Lartigue, that Thursday, March 1, 2007, at 5:30 p.m., in the Council Chamber, City Hall, be and the same is 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 MARCH 1, 2007 Mr. Pintella informed City Council that the City Clerk’s Office has been instructed to advertise for various positions that we currently have on the Trenton Housing Authority and Trenton Parking Authority, which deadline for responding will be February 26, 2007. After the President has asked if anyone wished to speak on any matter, Gail Mitchell, 76 Cartwright Drive, Princeton Junction, New Jersey, appeared and spoke of her concerns with parking near The Gallery on Warren Street, and the fact that her car had been towed due to her parking in a private lot. APPEARED. Dion Clark, 323 Walnut Avenue, appeared and recommended City Council form a Rental Property Advisory Committee like they have in Freehold, New Jersey. He feels that the Mayor should revamp the Department of Inspections like he did the Police Department. APPEARED. Mr. Coston asked Director Pucciatti if the Inspections Department is sufficiently staffed to take care of the inspection needs in the city. Director Pucciatti responded by saying that he is not prepared at this time to answer questions. He will be addressing all these issues when he makes his presentation before City Council. Mr. Coston would like one thing added to the presentation that Director Pucciatti would be presenting to City Council. And that would be that one day a month an inspector could drive up and down the streets in the city and note anything that is out of the ordinary. Director Pucciatti mentioned that they have the city divided into quadrants, with the names of the inspectors and what day of the week that they are down in various parts of the city. February 15, 2007 Mr. Coston told Director Pucciatti that he would be interested in seeing a report for the South Ward. Mr. Segura responded by saying that the entire City of Trenton has a problem with absentee landlords, and that the Department of Inspections should receive whatever they need to correct the problem. Ms. Lartigue responded by saying the West Ward puts together a package that people who live in the wards could use as they form their civic association so they better understand the role that they play and some of the challenges we face with rental properties. Patricia Stewart, 679 Lamberton Street, appeared and commended City Council for denying the renewal of the liquor license issued to Club XL. She also supports Mr. Clark’s suggestion to have a Rental Property Advisory Committee formed in the city. APPEARED. Joy Lucas, owner of property located at 1012-1014 North Olden Avenue, Trenton, appeared and spoke of her concerns regarding problems at the nightclub Club Fourteen, located at 1002-1004 North Olden Avenue. APPEARED. Mr. Bethea responded to Ms. Lucas by saying that the Trenton Police are on top of the problem and there are several things in play at this moment. He told Ms. Lucas that he will reach out to her some time tomorrow to explain what plan of action the city is taking with regards to the problem at Club Fourteen. Captain Joseph Juniak, North West Commander of the Trenton Police Department, appeared and responded by saying that there are several operations in the planning to address the issues regarding Club Fourteen. APPEARED. No one else appearing to speak, motion was made by Mr. Bethea, seconded by Mr. Segura, to adjourn, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. Mr. Melone excused himself from the meeting at 5:50 p.m. The President thereupon declared said motion adopted. ADOPTED. The meeting adjourned at 6:30 p.m. There were approximately thirty (30) people in attendance at this meeting. Respectfully submitted, President Acting Deputy City Clerk