City Council

CITY COUNCIL REGULAR MEETING MINUTES October 18, 2007 Trenton Council Chamber 5:30 p.m. A Regular Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:45 p.m., at the Washington School located at 331 Emory Avenue, Trenton, New Jersey. The meeting was called to order by President Paul M. Pintella, who announced that adequate public notice had been provided to the public specifying the time and place for this meeting in accordance with the Open Public Meetings Act. The FY 2007 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 21, 2007. The agenda for the said meeting was mailed, posted and filed on October 12, 2007. ROLL CALL: Present: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Absent: None INVOCATION and SALUTE TO THE FLAG was led by Acting City Clerk Juanita M. Joyner. Following the Invocation and flag salute a moment of silence was observed to acknowledge the passing of Mrs. Irene Prunetti and Ms. Virginia Feggins. Approval of the minutes of the City Council meetings held on September 6 and 20, 2007, was moved by Mr. Melone, seconded by Mr. Bethea, and carried by unanimous vote of those Councilmember’s present. UNFINISHED BUSINESS: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AUTHORIZING THE SALE OF CITY OWNED PROPERTY LOCATED AT 311 WALNUT AVENUE, AND KNOWN ON THE CITY TAX MAPS AS BLOCK 27401, LOT 32 TO MIGUEL A. AND IVELISSES TORRES”, and asked if anyone wished to speak to the subject. No one appeared to speak nor were protests filed with the Clerk. The hearing was closed. A motion to adopt the ordinance was made by Mr. Melone, seconded by Mr. Segura, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE GRANTING EASEMENT RIGHTS TO PSE&G WITH REGARD TO CERTAIN REAL PROPERTY KNOWN AS A PORTION OF BLOCK 201 LOT 8”, and asked if anyone wished to speak to the subject. No one appeared to speak nor were protests filed with the Clerk. The hearing was closed. A motion to adopt the ordinance was made by Mr. Melone, seconded by Mr. Segura, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 2 COMMUNICATIONS: a- James Davis, 149 Walnut Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) b- Christopher P. Kennedy, 638 Clymer Avenue, Morrisville, PA – submitting Claim for Damages against the City of Trenton. (property damage) c- Civil Action – in the matter of Clinton C. Barlow v. State of New Jersey. d- Civil Action (Summons) – in the matter of Litton Loan Servicing LP v. Carolyn D. Prince. e- Civil Action – in the matter of Queen Equities LLC v. Brocha Equities, et als. f- Civil Action – in the matter of Capital Health v. City of Trenton. g- State of New Jersey Division of Alcoholic Beverage Control – advising of Notice of Charges preferred against Club West Indies Intl., Inc., t/a Blue Mountain Café, 13 N. Willow Street, Trenton, New Jersey. h- Mercer County Board of Chosen Freeholders – enclosing copy of Resolution No. 2007-516, which was adopted on September 27, 2007. i- New Jersey State League of Municipalities – advising of tenth Annual Elected Officials Hall of Fame. j- New Jersey State Department of Transportation – advising that the City of Trenton has been awarded a grant from FY 2007 Municipal Aid Funds for East State Street. k- Robert Werkmeister, Manager, District 3 – Freehold Bureau of Local Aid – advising that a balance of $70,961.30 of Urban Aid Funds is available to the City for reallocation to another State Aid project. l- New Jersey State Division of Alcoholic Beverage Control – enclosing two Advisory Opinions issued by Director Jerry Fischer in response to inquiries from certain municipal issuing authorities. m- Comcast – advising of cable channel changes. n- Mercer County Board of Chosen Freeholders – enclosing meeting schedule for October, 2007. o- Jerry A. Casser, Esq., 354 Eisenhower Parkway, Livingston, New Jersey – enclosing copy of Petition submitted to the New Jersey Motor Vehicle Commission for authorization to provide transportation services limited to temporary employees placed by Brickforce Staffing. p- New Jersey State Division of Local Government – submitting Annual Debt Statement for 2007. q- New Jersey State Division of Alcoholic Beverage Control – enclosing copy of Notice of Final Determination (Offer In Lieu of Suspension and Days Held In Abeyance) in the matter of Division of Alcoholic Beverage Control v. Gomez Bisano, Inc. r- New Jersey State Division of Alcoholic Beverage Control – enclosing copy of Notice of Final Determination (Offer in Lieu of Suspension) and Notice of Disposition of Prima Facie Contraband in the matter of Division of Alcoholic Beverage Control v. Caribbean Liquors, Inc. REPORTS – none submitted APPLICATIONS AND BONDS – none submitted MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 3 NEW BUSINESS 1. RESOLUTION NO. 07-571 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ATLANTIC PLUMBING SUPPLY CORPORATION, 702B JOLINE AVENUE, LONG BRANCH, NEW JERSEY 07760, FOR THE FURNISHING AND DELIVERY F.O.B. CITY OF TRENTON OF ARCH PATTERN CURB BOXES AND PARTS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $32,066. Adoption of resolution 07-571 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 2. RESOLUTION NO. 07-572 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO JANISAN, INC., 967 NORTH 1500 WEST, BUILDING 1, UNIT 1 LAYTON, UT 84041, TO FURNISH AND DELIVER F.O.B. CITY OF TRENTON, 500 GALVANIZED STREET BASKETS, 48 GALLON CAPACITY, FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF STREETS, in an amount not to exceed $46,465. Adoption of resolution 07-572 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 3. RESOLUTION NO. 07-573 - RESOLUTION AUTHORIZING THE PURCHASE OF VARIOUS WORKSTATION UNITS FOR THE DEPARTMENT OF INSPECTIONS, FROM AFFORDABLE INTERIOR SYSTEMS, 4 BONAZOLI AVENUE, HUDSON, MA 01749 THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $32,305.20. Adoption of resolution 07-573 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 4. RESOLUTION NO. 07-574 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO J. VINCH & SONS, INC., P.O. BOX 5465, TRENTON, NEW JERSEY 08638, FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE DEMOLITION AND SITE CLEARANCE AT 1132 EAST STATE STREET – REAR GARAGES, TRENTON, NEW JERSEY, FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $23,800. Adoption of resolution 07-574 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 4 5. RESOLUTION NO. 07-575 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO MERCADIEN, P.C., P.O. BOX 7648, PRINCETON, NEW JERSEY 08543 TO PROVIDE PROFESSIONAL MUNICIPAL AUDITOR SERVICES FOR THE DEPARTMENT OF FINANCE 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 $97,500. Adoption of resolution 07-575 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 6. RESOLUTION NO. 07-576 - RESOLUTION CLOSING MUNICIPAL BUILDINGS ON CERTAIN 2008 HOLIDAYS. Adoption of resolution 07-576 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 7. RESOLUTION NO. 07-577 - RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO HEAR AND REVIEW PROPOSED CHANGES TO THE NEW YORK AVENUE REDEVELOPMENT AREA PLAN AND BOUNDARIES. Adoption of resolution 07-577 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 8. RESOLUTION NO. 07-578 - RESOLUTION MODIFYING RESOLUTION #06-559 ENTITLED “RESOLUTION AUTHORIZING THE CITY OF RENTON TO ENTER INTO SUB-GRANT AGREEMENTS WITH VARIOUS ORGANIZATIONS CONCERNING THE RENOVATION AND OPERATION OF EMERGENCY SHELTER” AND EXTENDING THE ORIGINAL SUB-GRANT AGREEMENTS FOR THE RESCUE MISSION OF TRENTON, COMMUNITY INNOVATIONS AND ANCHOR HOUSE. Adoption of resolution 07-578 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 9. RESOLUTION NO. 07-579 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO MICHAEL ANTHONY SIGN & AWNING COMPANY, 21 RANDOLPH AVENUE, AVENEL, NEW JERSEY 07001 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS, AND EQUIPMENT TO RETROFIT THE SIGN ATOP FIRE HEADQUARTERS LOCATED AT 244 PERRY STREET, FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $78,750. Adoption of resolution 07-579 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 5 10. RESOLUTION NO. 07-580 - RESOLUTION APPROVING AN APPLICATION FROM 215 FRONT STREET HOUSING, L.P. FOR A PAYMENT IN LIEU OF TAXES PURSUANT TO N.J.S.A. 55:14K-1 ET SEQ. Adoption of resolution 07-580 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 11. RESOLUTION NO. 07-581 - RESOLUTION IN SUPPORT OF THE NEIGHBORHOOD PRESERVATION BALANCED HOUSING APPLICATION OF 215 FRONT STREET HOUSING, L.P. Adoption of resolution 07-581 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 12. RESOLUTION NO. 07-582 - RESOLUTION CANCELING PERMITS AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to David Godbolt, in the amount of $101. Adoption of resolution 07-582 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 13. RESOLUTION NO. 07-583 - RESOLUTION AUTHORIZING THE ACCEPTANCE OF A FISCAL YEAR 2008 STATE AND LOCAL TASK FORCE AGREEMENT PROVIDED BY THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION TO THE CITY OF TRENTON, NEW JERSEY POLICE DEPARTMENT, In an amount not to exceed $15,854.25. Adoption of resolution 07-583 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 14. RESOLUTION NO. 07-584 - RESOLUTION APPROVING TRANSFER OF RETAIL CONSUMPTION LICENSE #1111-33-142-006, from Theodore & Helen Liwacz, to Dory’s Diamond Bar LLC, t/a Dory’s Diamond Bar, located at 554 Lamberton Street, Trenton, New Jersey. Adoption of resolution 07-584 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 6 15. RESOLUTION NO. 07-585 - RESOLUTION AUTHORIZING AN APPLICATION FOR A GRANT FROM THE STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $350,000 FOR THE NEW GREG GRANT PARK. Adoption of resolution 07-585 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 16. RESOLUTION NO. 07-586 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO H. LIEDTKA COMPANY, INC., 340 SUITE B, PATTERSON AVENUE, TRENTON, NEW JERSEY 08610 FOR THE FURNISHING AND DELIVERY OF DGABC, CONCRETE SAND, AND BANK RUN SAND AND GRAVEL FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $121,300. Adoption of resolution 07-586 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 17. RESOLUTION NO. 07-587 - RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF DONALD FAGANS V. CITY OF TRENTON, ET AL. IN THE TOTAL AMOUNT OF $6,000. Adoption of resolution 07-587 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 18. RESOLUTION NO. 07-588 - RESOLUTION AUTHORIZING THE EXECUTION OF DEED OF CORRECTION TO VIRGINIA HUNDLEY AND ARNOLD JONES, HEIRS OF WALTER N. PUGH’S ESTATE FOR REAL PROPERTY KNOWN AS BLOCK 8902 LOT 71. Adoption of resolution 07-588 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 1. Mr. Bethea introduced, presented, and authorized publication of an ordinance entitled, “ORDINANCE AMENDING CHAPTER 42 SECTION 8A OF THE REVISED GENERAL ORDINANCES OF THE CITY OF TRENTON TO REGULATE WORKMANSHIP”. The motion was seconded by Mr. Segura, and carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 19. RESOLUTION NO. 07-589 - RESOLUTION CERTIFYING THE ANNUAL REPORT OF AUDIT FOR THE CITY OF TRENTON, COUNTY OF MERCER. Adoption of resolution 07-589 moved by Mr. Melone, seconded by Mr. Bethea. Motion carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 7 2. Mr. Bethea introduced, presented and authorized publication of an ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 0307 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 motion was seconded by Mr. Pintella, and carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 20. RESOLUTION NO. 07-589 ½ - RESOLUTION AUTHORIZING AN AGREEMENT WITH NJEDA AND TRENTON MARINE PERFORMANCE GROUP, INC. WITH RESPECT TO PAYMENT OF BULKHEAD REPAIR COSTS. Resolution 07-589 ½ was lost with the following vote of Council: Ayes: Ms. Staton and Mr. Pintella Nays: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura PUBLIC PRESENTATIONS Nicholas Stewart, 679 Lamberton Street, spoke about the registering of vehicles in the City of Trenton. He also spoke about people not having respect for their fellow neighbors. Dion Clark, Wilber Section, thanked Councilman Segura for his help, complained about a bus speeding down his street, and the bull dog issue in the community. Paul Harris, 139 Centre Street, inquired about the resolution awarding a contract to Michael Anthony Sign & Awning Company to retrofit the sign atop fire headquarters located on Perry Street, and feels that the money can be better spent. Patricia Stewart, 679 Lamberton Street, spoke about the registering of vehicles in the City of Trenton. She would also like to know when her complaints will be addressed about the problems that she is having with her neighbors. Harold Fleming, 356 Woodland Street, spoke in favor of civil liberties. Allen Willingjure, 610 Concorn Avenue, Ewing, spoke in support of civil liberties. Carol Tucker, 26 S. Westfield Avenue, spoke in support of civil liberties. Carlos Avidas, 622 Adeline Street, spoke against registration of vehicles. Irene Goldman, Ewing Township, spoke in support of the proposed Trenton Civil Liberties resolution. Rodrico Alvelr, spoke against the registering of cars. Reverend Francisco Palozo, 51 Hamilton Avenue, spoke about immigration, and the registration of vehicles. Sandra Pinto, 800 Division Street, informed that there are people in the City of Trenton that do not have the opportunity to receive a drivers license, and asked for the city’s help. Molino Colsol, 317 Hamilton Avenue, made reference to a resolution that was adopted in 2005 regarding City Council supporting city wide policy of immigrant access to city services. Erico Lopez, spoke about the registration of vehicles. Joann Ricardi, 220 Mott Street, spoke about the registration of vehicles. MINUTES OF THE OCTOBER 18, 2007 MEETING PAGE 8 Remy Cruz, 22 Baker Way, Hopewell Twp., Director of the Mercer County Chapter of the Latino Allegiance, stated that the organization was formed over a year ago because the Latino Community is tired of having their rights being violated. Robert Hernandez, 197 Applegate Drive, spoke against racism. Evelyn Delcon, Community Woman from the South Ward, spoke about how difficult it is for people to receive drivers licenses in the City of Trenton. Lenora Tatea, 622 Adeline Street, spoke about the registration of vehicles and drivers in the City of Trenton. Harry Luna, a business owner in the City of Trenton for the past twenty years, spoke about the effect that the resigration of vehicles is having on the quality of life. Carmen Melendez, 682 Centre Street, spoke about keeping the people in the city by helping them receive drivers license. Rano Calta, 682 Centre Street, spoke about the fear that citizens have in the City of Trenton regarding them not having a drivers license. There being no further business, the meeting was adjourned at 8:30 p.m. Respectfully submitted, __________________ ____________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk