City Council

MINUTES May 3, 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 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 April 27, 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. The meeting was called to order by President Pintella, and, on roll call, the following members were present: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The following was absent: Mr. Melone – 1. 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 allegiance to the flag. Motion was made by Ms. Lartigue, seconded by Mr. Segura, that the minutes of the City Council meetings held on March 20, 2007, April 3, 10, and 19, 2007, be approved and the reading thereof dispensed with, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED. BY THE CLERK Proof of publication of an ordinance entitled “ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE LAMBERTON STREET REDEVELOPMENT AREA KNOWN AS 739 CENTRE STREET, BLOCK 11903, LOT 7 FROM BROCA EQUITIES, LLC.” The said ordinance was, on motion of Mr. Pintella, 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. Coston, seconded by Mr. Segura, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. May 3, 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 APPROVING AMENDMENTS TO THE EWING, CARROLL, SOUTHARD STREETS REDEVELOPMENT AREA.” RECEIVED AND FILED. The said ordinance was, on motion of Mr. Pintella, 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 Mr. Bethea, seconded by Mr. Segura, that hearing on the above ordinance be closed, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. 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 ACCEPTING CITY STREET TO BE KNOWN AS INDEPENDENCE LANE”. RECEIVED AND FILED. The said ordinance was, on motion of Mr. Pintella, seconded by Mr. Coston, 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. Segura, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. 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, Mr. Segura, Ms. Staton, Mr. Pintella – 5. The following voted nay: Ms. Lartigue – 1. May 3, 2007 The President thereupon declared said motion adopted and the said ordinance passed and adopted. PASSED AND ADOPTED. BY THE CLERK Communication from Verizon-CMR Claims TPA, 615 N. Classen Blvd., Oklahoma City, OK – 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 (summons) – in the matter of Fred Browne et al. vs. Lawrence Boyd and City of Trenton. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action – in the matter of D & S TSC LLC vs. John H. Davis et als. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action – in the matter of Youseline Dophin vs. Cynthia Rivera and Victor Aloyo, Jr. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action – in the matter of Mark VII, LLC vs. Governing Body of City of Trenton. RECEIVED AND FILED. Copies of the above communication were sent to the Departments of Law and Administration. Civil Action – in the matter of Ruth A. Jackson vs. Mayor Douglas H. Palmer and Eric E. Jackson. Communication from Langan Engineering and Environmental Services, Inc. – submitting copy of application submitted to State of New Jersey Department of Environmental Protection for Cooper Crossings Residential Development, 321-381 Union Street. RECEIVED AND FILED. May 3, 2007 Communication from Verizon, One Verizon Way, Basking Ridge, NJ – submitting letter disagreeing with Comcast’s conclusion that interconnection of the companies’ network is statutorily positioned as a last resort. RECEIVED AND FILED. Communication from State of New Jersey Department of Environmental Protection – submitting copy of letter to Barron Carter regarding Unrestricted Use for 318 Hillcrest Avenue. RECEIVED AND FILED. Communication from State of New Jersey Department of Environmental Protection – submitting copy of letter to JR Capasso regarding Unrestricted Use for 226 S. Broad Street & 312 Montgomery Street. RECEIVED AND FILED. Communication from State of New Jersey Department of Environmental Protection – advising that the Broad Street Bank, located at 143 East State Street, Trenton, will be considered by the New Jersey Review Board for Historic Sites for nomination to the New Jersey and National Registers of Historic Places. RECEIVED AND FILED. Communication from Stephen W. Elliott, Ewing Township Municipal Clerk – submitting letter regarding problems involving unlicensed taxicabs operating in the City of Trenton. RECEIVED AND FILED. Communication from The RBA Group, Inc., One Evergreen Place, Morristown, NJ – advising that the Mercer County Division of Engineering is applying to the New Jersey Department of Environmental Protection, Land Use Regulation Program for a NJDEP General Permit No. 1 under the Freshwater Wetlands Protection Act rules. RECEIVED AND FILED. Communication from Unity Steppers Drill Team, Inc. – requesting permission to hold Tag Days in the City of Trenton on June 2 and 16, 2007. RECEIVED AND FILED. BY MS. STATON - RESOLUTION NO. 07-168 - MOVED ITS ADOPTION RESOLUTION GRANTING PERMISSION TO THE UNITY STEPPERS DRILL TEAM, INC. TO HOLD TAG DAYS IN THE CITY OF TRENTON. The above resolution was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. May 3, 2007 BY THE CLERK Penelope S. Edwards-Carter, Acting Deputy City Clerk – advising of Raffle License issued to Capital Health System Auxiliary at Mercer, 446 Bellevue Avenue, Trenton, NJ. RECEIVED AND FILED. BY MS. LARTIGUE - RESOLUTION NO. 07-169 - MOVED ITS ADOPTION RESOLUTION INVALIDATING PLENARY RETAIL DISTRIBUTION LICENSE NO. 1111-44-227-007, ISSUED TO DOO IN, INC. The above resolution was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON - RESOLUTION NO. 07-170 - MOVED ITS ADOPTION RESOLUTION RENEWING PLENARY RETAIL CONSUMPTION LICENSE NO. 1111-33-236-007 (Jasbir S. Sethi, t/a Punjabi Boys Liquors, Inc., Formerly 701 Whittaker Ave.) The above resolution was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON - RESOLUTION NO. 07-171 - MOVED ITS ADOPTION RESOLUTION RETURNING LICENSE FEE TO J-KAL TAVERN, INC. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MS. LARTIGUE – RESOLUTION NO. 07-172 - MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO R.W.V. LAND & LIVESTOCK SOUTH, INC., 351 PFISTER ROAD, JACKSON, NEW JERSEY 0527, FOR THE FURNISHING OF ALL LABOR, MATERIALS AND EQUIPMENT FOR THE DELIVERY OF UP TO 10,000 TONS OF CERTIFIED CLEAN FILL FOR THE MAGIC MARKER SITE, 467 CALHOUN STREET, TRENTON, NEW JERSEY FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT, In an amount not to exceed $93,000.00. May 3, 2007 The said resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON – RESOLUTION NO. 07-173 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH W.J. CASTLE, PE & ASSOCIATES, P.C., CONSULTING ENGINEERS, 693 MAIN STREET, BUILDING B, SUITE #1, LUMBERTON, NEW JERSEY 08048, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE MARINE TERMINAL SEAWALL DESIGN, in an amount not to exceed $37,326.35. The above resolution was voted upon with the following voting nay: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton – 5. The President asked Leonard Pucciatti, Director of Inspections, to explain the above resolution regarding the Martine Terminal Seawall Design. Director Pucciatti explained that the work had already been performed as there was danger of there being structural damage. The President explained to City Council that not passing this resolution could result in legal actions since the work was already performed. Motion was made by Mr. Pintella, seconded by Ms. Lartigue to recall the vote regarding the above resolution, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED. The above resolution was then revoted upon and adopted with the following voting aye: Mr. Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 5. The following voted nay: Mr. Bethea – 1. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 07-174 - MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACTS TO THREE (3) CONTRACTORS FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT FOR THE DEMOLITION AND SITE CLEARANCE OF VARIOUS PROPERTIES FOR THE DEPARTMENT OF INSPECTIONS, to Edgar’s Roofing & Demolition, Inc., in the amount of $84,750.00; Carroll Demolition, LLC, in the amount of $24,480.00; SCC Contractors LLC, in the amount of $35,900.00. The above resolution was seconded by Mr. Segura and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. May 3, 2007 BY MESSRS. COSTON AND SEGURA – RESOLUTION NO. 07-175 - MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO T.P. BRYAN ELECTRIC COMPANY, INC., 1926 CHESTNUT AVENUE, TRENTON, NEW JERSEY 08611 FO THE FURNISHING OF ALL LABOR, MATERIALS AND EQUIPMENT TO PROVIDE ELECTRICAL SERVICES INSIDE AND OUTSIDE ON AN AS NEEDED BASIS FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, in an amount not to exceed $200,000.00. The above resolution was seconded by Mr. Pintella and adopted with the following voting aye: Messrs. Bethea, Coston, Mr. Segura, Ms. Staton, Mr. Pintella – 5. The following voted nay: Ms. Lartigue – 1. The President thereupon declared said resolution adopted. ADOPTED. BY MR. SEGURA – RESOLUTION NO. 07-176 - MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO CAMPBELL SUPPLY COMPANY, LLC, 145 TALMADGE ROAD, SUITE 8, P.O. BOX 266, EDISON, NEW JERSEY 08818-0266 FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH 2007 PUMPER APPARATUS WITH 54 FOOT BOOM FOR THE DEPARTMENT OF FIRE, in an amount not to exceed $496,974.00. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. SEGURA – RESOLUTION NO. 07-177 - MOVED ITS ADOPTION RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO GENESIS DEVELOPMENT & CONSTRUCTION, 1601 NEW WILLOW STREET, TRENTON, NEW JERSEY 08638 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT, FOR HAULING SERVICES AT VARIOUS LOCATIONS IN THE CITY FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF STREETS, in an amount not to exceed $300,000.00. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. SEGURA – RESOLUTION NO. 07-178 – MOVED ITS ADOPTION RESOLUTION REJECTING A BID PURSUANT TO N.J.S.A. 40A:11-13.2 ET. SEQ. FOR THE FURNISHING, DELIVERY AND INSTALLATION OF A DIGITAL RECORDING SYSTEM FOR THE DEPARTMENT OF POLICE. May 3, 2007 The said resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. At this time according to the docket, a resolution entitled “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 VOLUNTEERS OF AMERICA DELAWARE VALLEY (VOADV) FOR THE KEN’S PLACE II RESTORATION PROJECT”, was to be considered by City Council. Motion was made by Ms. Lartigue, seconded by Mr. Coston, that the said resolution be withdrawn, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – RESOLUTION WITHDRAWN. BY MR. SEGURA – RESOLUTION NO. 07-179 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING AN APPLICATION FOR THE CONTINUATION GRANT FUNDS FROM THE NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF ADDICTION SERVICES FOR THE PREVENTION EDUCATION SERVICES TO HIGH SCHOOL STUDENTS BETWEEN THE AGES OF 15-17, UNDER THE TRENTON REDIRECTING YOUTH PREVENTION EDUCATION PROGRAM (TRYPEP), for the period of July 1, 2007 to June 30, 2008, in the amount of $105,274. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. At this time according to the docket, a resolution entitled “RESOLUTION ACCEPTING CERTIFICATION BY BOARD OF SCHOOL ESTIMATE OF 2007-2008 SCHOOL DISTRICT BUDGET AND APPROPRIATING $21,115,662 FOR SCHOOL PURPOSES” was to be considered by City Council. Motion was made by Ms. Lartigue, seconded by Mr. Coston, that the said resolution be withdrawn, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – RESOLUTION WITHDRAWN. May 3, 2007 BY MS. STATON – RESOLUTION NO. 07-180 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING AN APPLICATION FOR A GRANT FROM THE NEW JERSEY STATE DEPARTMENT OF AGRICULTURE FOR THE FY 2008 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. SEGURA – RESOLUTION NO. 07-181 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE TRANSFERS TO BE MADE BY THE DIRECTOR OF FINANCE OF THE FY 2007 APPROPRIATIONS. The above resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON AND MS. STATON – RESOLUTION NO. 07-182- MOVED ITS ADOPTION RESOLUTION AMENDING THE CITY OF TRENTON 2005 ANNUAL ACTION PLAN WHICH WAS ADOPTED BY RESOLUTION 05-323. The above resolution was seconded by Mr. Pintella and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON – RESOLUTION NO. 07-183 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING ASSIGNMENT OF TAX SALE CERTIFICATE PURSUANT N.J.S.A. 54:5-113 TO H & M INVESTMENT PROPERTIES, for 46-50 Centre Street in the amount of $149,420.57. The above resolution was seconded by Mr. Pintella and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 07-184 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR 2007 RECYCLING TONNAGE GRANT WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION. May 3, 2007 The said resolution was seconded by Mr. Coston and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA, MS. STATON AND MS. LARTIGUE Mr. Bethea, Ms. Staton and Ms. Lartigue 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 A LEASE AGREEMENT BETWEEN THE CITY OF TRENTON AND THE NEW JERSEY STATE FEDERATION OF COLORED WOMEN’S CLUBS, INC. FOR THE PROPERTY LOCATED AT 40 FOWLER STREET, TRENTON, NJ 08618 WHEREAS, the City of Trenton wishes to enter into a lease agreement with The New Jersey State Federation of Colored Women’s Club for the leasing of the office space at 40 Fowler Street, Trenton, New Jersey 08618; and WHEREAS, the space will be used by the Department of Health and Human Services, Division of Health to conduct the Health Incentive Program for Women (HP4W) and Latino Incentive System Treatment Outreach Services (LISTOS); and WHEREAS, this lease is authorized by the Local Lands and Buildings Law at N.J.S.A. 40A:12-5(a)(1); and WHEREAS, rent shall be $1,000.00 per month for the period beginning January 1, 2007 to December 31, 2007 ($12,000.00); and WHEREAS, the funds in the amount of $6,000.00 have been certified to be available in the FY 2007 Budget No. G-02-07-40-961P-285 and the remaining $6,000.00 have been certified to be available in the FY 2007 Budget No. G-02-07-40-961H-285. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. The Mayor is hereby authorized to execute the lease attached hereto with New Jersey State Federation of Colored Women’s Club Inc. for the lease of 40 Fowler Street. 2. The City Clerk is hereby directed to publish this ordinance with applicable law and to keep a copy of the leased authorized hereby on file. 3. This ordinance shall take effect after final passage and publication as required by law. On roll call, the above motion by Mr. Bethea, Ms. Staton and Ms. Lartigue was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. May 3, 2007 Motion was made by Mr. Segura, seconded by Ms. Lartigue, that Thursday, May 17, 2007, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – HEARING MAY 17, 2007 BY MR. SEGURA Mr. Segura 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: AN ORDINANCE AMENDING ORDINANCE 03-7 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”. The City Council of the City of Trenton, New Jersey does ordain as follows: That Ordinance 03-7 entitled, “An Ordinance creating certain positions, fixing salary ranges therefore, and setting forth certain regulations for the implementation of these ranges for AFSCME #2286, adopted January 8, 2003, be and the same is hereby amended as follows: 1. That said Ordinance, recognizing the positions, titles and salary ranges as duly created and existing in the City of Trenton, the following be either deleted, amended or supplemented as herewith set forth. SUPPLEMENT SCHEDULE A Title: Range # Salary: Geographic Information Systems Specialist 3 44 $37,034-58,904 2. This Ordinance shall take effect thirty (30) days after final passage by Council or twenty (20) days after approval by the Mayor, whichever comes first. On roll call, the above motion by Mr. Segura was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. May 3, 2007 Motion was made by Mr. Segura, seconded by Mr. Coston, that Thursday, May 17, 2007, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – HEARING MAY 17, 2007 BY MS. STATON AND MR. SEGURA Ms. Staton and Mr. Segura 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 AMENDING CHAPTER 206 OF THE CODE OF THE CITY OF TRENTON REGARDING PEDDLERS, SOLICITING AND ITINERANT VENDORS BE IT ORDAINED, by the City Council of the City of Trenton as follows: SECTION 1. Section 206-3.A.(8) of the Code of the City of Trenton is hereby amended by appending the following: The applicant should submit a detailed explanation of mitigating factors that should be considered in the Police Director’s evaluation of negative information in the applicant’s background. This may include statements of rehabilitation, reference letters and any other information that the applicant deems relevant. SECTION 2. Section 206-4.B. of the Code of the City of Trenton is hereby amended by appending the following: If the applicant has filed a statement of mitigating factors pursuant to 206-3.A.(8) the Police Director shall file with his/her statement of disapproval a detailed statement as to why the mitigating factors were not sufficient to allow issuance of the license. The applicant may file a request for reconsideration with the Police Director, which shall promptly be evaluated and a final decision rendered. SECTION 3. All ordinances or parts of ordinances of the City of Trenton heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of the inconsistency. This ordinance shall take effect thirty (30) days after final passage by Council or twenty (20) days after approval by the Mayor, whichever comes first. On roll call, the above motion by Ms. Staton and Mr. Segura was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. May 3, 2007 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. Segura, that Thursday, May 17, 2007, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – HEARING MAY 17, 2007 BY MR. BETHEA – RESOLUTION NO. 07-185 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING CANCELLATION OF UNCOLLECTIBLE TAXES ON 16 EAST FRONT STREET PURSUANT TO N.J.S.A. 54:5-19.2. The above resolution was seconded by Mr. Pintella and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. COSTON – RESOLUTION NO. 07-186 - MOVED ITS ADOPTION RESOLUTION IN SUPPORT OF THE DELAWARE RIVER SCENIC BYWAY CORRIDOR MANAGEMENT PLAN UPDATE. The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. BY MR. BETHEA – RESOLUTION NO. 07-187 - MOVED ITS ADOPTION RESOLUTION AUTHORIZING THE AUCTION OF CERTAIN CITY- OWNED PROPERTY PURSUANT TO THE LOCAL LANDS AND BUILDINGS LAW, N.J.S.A. 40a:12-13(a) The above resolution was seconded by Ms. Staton and adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said resolution adopted. ADOPTED. May 3, 2007 BY MR. BETHEA Mr. Bethea 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 RESCINDING THE SALE OF CITY-OWNED PROPERTIES PREVIOUSLY AUTHORIZED BY ORDINANCE 06-7 WHEREAS, on December 10, 2005, the City of Trenton held a public auction of city-owned properties; and WHEREAS, the City Council adopted Ordinance 06-03 on January 19,2006 approving the sale of the city owned land and premises identified herein and auctioned on December 10,2005: NAME ADDRESS AMOUNT OF BID DEPOSIT Conefry Holdings 310 Pennington Avenue 126,000.00 $29,000.00 th 218-11 120 Avenue 312 Pennington Avenue Cambria Heights, NY WHEREAS, the successful bidder identified herein regarding 310 and 312 Pennington Avenue has failed to comply with the terms and conditions of subject auctions in that they have not purchased the properties within the time required. NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Trenton, as follows: 1. The sale of 310 and 312 Pennington Avenue authorized by Ordinance 06- 03 adopted on January 19, 2006 is hereby rescinded. 2. The deposits identified herein are hereby forfeited to the City of Trenton as permitted by the terms and conditions of subject auction. 3. The City Clerk is hereby directed to publish this ordinance as required by applicable law. 4. This Ordinance shall take effect after final adoption and publication as required by applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Bethea, seconded by Mr. Segura, that Thursday, May 17, 2007, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. May 3, 2007 The President thereupon declared said motion adopted. ADOPTED – HEARING MAY 17, 2007 BY MR. BETHEA Mr. Bethea 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 RESCINDING THE SALE OF CITY-OWNED LAND PREVIOUSLY AUTHORIZED BY ORDINANCE 06-03. WHEREAS, on December 10, 2005 the City of Trenton held a public auction of city-owned properties; and WHEREAS, the City Council adopted Ordinance 06-07 on January 19, 2006 approving the sale of city-owned properties identified herein and auctioned on December 10, 2005: NAME ADDRESS AMOUNT OF BID DEPOSIT Trevest, LLC 613 Edgewood Ave. $29,000.00 $5,800.00 243 Hamilton St., 1st fl. New Brunswick, NJ 08901 Francisco Jimenez 130 Exton Ave. $18,000.00 $5,000.00 23 Carver Street Bayville, NJ 08721 Bokeda 18 Filmore Ave. $5,000.00 $1,000.00 243 Hamilton St., 1st fl. New Brunswick, NJ 08901 Garden State Properties 17 Jarvis Place $34,500.00 $6,900.00 1241 William Street Trenton, NJ 08610 Garden State Properties 25 Jarvis Place $33,500.00 $6,700.00 1241 William Street Trenton, NJ 08610 Francisco Jimenez 25 North Lenape Ave. $63,000.00 $12,600.00 23 Carver Street Bayville, NJ 08901 Trevest, LLC 18 Meade Street $40,000.00 $8,000.00 243 Hamilton St., 1st fl. 20 Meade Street New Brunswick, NJ 08901 William Hodge 16 Montgomery Street $116,000.00 $23,200.00 700 S. Park Street 31 Montgomery Street Elizabeth, NJ 07202 Joseph Pine 31 Prospect Street $175,000.00 $35,000.00 2450 E. 27th Street 34 Prospect Street Brooklyn, NY 11235 46 Prospect Street May 3, 2007 Charles Hodge 482 W. State Street $130,000.00 $26,000.00 239 West 63rd Street New York, NY 10023 William Hodge 335 Rutherford Street $42,000.00 $8,400.00 700 S. Park Street Elizabeth, NJ 07202 Bokeda 47 Wilson Street $30,000.00 $6,000.00 243 Hamilton St., 1st fl. New Brunswick, NJ 08901 Bokeda 51 Wilson Street $38,000.00 $7,600.00 243 Hamilton St., 1st fl. New Brunswick, NJ 08901 WHEREAS, the successful bidders identified herein have failed to comply with the terms and conditions of subject auctions in that they have not purchased the properties within the time required. NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton, as follows: 1. The sale of the above listed properties authorized by Ordinance 06-07 adopted on January 19, 2006 is hereby rescinded. 2. The deposits identified in this Ordinance are hereby forfeited to the City of Trenton as permitted by the terms and conditions of subject auction. 3. The City Clerk is hereby directed to publish this Ordinance as required by applicable law. 4. This Ordinance shall take effect after final adoption and publication as required by applicable law. On roll call, the above motion by Mr. Bethea was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted and the said ordinance passed on first reading. PASSED FIRST READING. Motion was made by Mr. Bethea, seconded by Mr. Segura, that Thursday, May 17, 2007, 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED – HEARING MAY 17, 2007 May 3, 2007 After the President had asked if anyone wished to speak on any matter, James Fouse, 13 Covell Avenue, appeared and thanked Leonard Pucciatti, Director of Inspections, for a job well done. APPEARED. Anthony Johnson, 816 Centre Street, appeared and apologized for his attitude towards City Council and the public at the City Council Conference on May 1 when he made the derogatory statement about the Trenton Board of Education. He is still very upset and angry with the Board of Education. He understands that City Council has limited powers when it comes to the Board of Education, but he suggested that the Board members be elected into their positions. APPEARED. Mr. Pintella informed Mr. Johnson that Superintendent Rodney Lofton is scheduled to be at the conference on May 8, 2007. Mr. Coston asked Special Counsel Joseph Alacqua whether City Council has the power to subpoena or remove Trenton School Board members. Special Counsel Joseph Alacqua suggested that there be an executive session on May 8, 2007 to discuss the powers that City Council may or may not have with regards to Trenton School Board members. Ms. Lartigue told Mr. Johnson that he is doing one of the best things that a parent can do, and that is getting involved. Any parent who is looking for a government official to solve a gang problem is in a mighty sad state because it begins in the home. Jackie Blakely, 15 Fell Street, thanked City Council for getting the information that she requested on Tuesday regarding the streets at Martin Luther King, Calhoun, Princeton, Chadwick, and Pritchard. She also asked who takes the initiative to install lights being the streets are owned by the state, county and Ewing Township. APPEARED. Eric Jackson, Director of Public Works, responded by saying that the project that Ms. Blakely is speaking of is a project that is currently under the design by the County of Mercer under the Transportation Department. The traffic will be totally redesigned with the installation of a traffic light at Martin Luther King and Calhoun. Patricia Stewart, 679 Lamberton Street, appeared and told City Council that she agrees with Mr. Clark in that the Wilber Section of the City is in need of serious help in the area of houses being in disrepair. APPEARED. Christian Born, 125 Second Street, appeared and spoke of his concerns of permit parking in the arena area not being enforced by the Trenton Police Department. Also, he is seeing unlicensed livery drivers picking up people in the 100 block of Second Street in the early hours of the morning. APPEARED. Mr. Coston asked Lieutenant Messina if a patrol car could be in the area. Lieutenant Messina responded by saying that a patrol car would be in the area in question. May 3, 2007 Ms. Staton suggested that when there is a problem with people making a disturbance in the area, that the license plate of the car be written down so it can be reported to the police. Ms. Alysia Welch-Chester, 1405 Stuyvesant Avenue, appeared and invited City Council to attend their meeting on May 10 at 7 p.m. which will be held at Thomas Edison College, 101 West State Street. Ms. Lartigue, Mr. Segura and Mr. Coston said that they will attend. APPEARED. Donald Brokate, 104 Cornwall Avenue, appeared and thanked several members of the Administration for the help they have given him. APPEARED. Paul Harris, 137 Centre Street, appeared and asked City Council what the procedure is with regards to a recall in the City of Trenton. APPEARED. Mr. Pintella responded by saying that there is a procedure, but that it is governed by the New Jersey State Statute. Tony Mack, 938 Berkeley Avenue, appeared and spoke of his concerns with some of the terrible conditions of the City of Trenton. He also spoke of the crisis at the Housing Authority and how many of the residents feel that they have no voice when it comes to services that relates to them living comfortably. APPEARED. Motion was made by Mr. Segura, seconded by Ms. Lartigue, to close public comment, which motion was adopted with the following voting aye: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED. City Council was presented with a plaque from the Roberto Clemente Softball League. Ms. Lartigue suggested that the Department of Natural Resources, Recreation and Culture increase the advertising budget for the recreation activities. 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, Mr. Segura, Ms. Staton, Mr. Pintella – 6. The President thereupon declared said motion adopted. ADOPTED. The meeting adjourned at 6:55 p.m. There were approximately fifty (50) people in attendance at this meeting. President Acting Deputy City Clerk