City Council

CITY COUNCIL REGULAR MEETING MINUTES December 6, 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 5:40 p.m., at Trenton Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey. The meeting was called to order by President Pintella, who announced that adequate public notice had been provided by 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 November 30, 2007. ROLL CALL: Present: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Absent: Mr. Segura INVOCATION and SALUTE TO THE FLAG was led by Acting City Clerk Juanita M. Joyner. A moment of silence was observed to acknowledge the passing of Rosanna Gibson and Levon Jenkins. Approval of the minutes of the City Council meetings held on September 11, 2007, and November 20, 2007, was moved by Mr. Melone, seconded by Ms. Staton, and carried by unanimous voted of those Councilmember’s present. UNFINISHED BUSINESS: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AUTHORIZING AN EXCHANGE OF REAL PROPERTY IN THE CANAL BANKS REDEVELOPMENT AREA WITH SHILOH BAPTIST CHURCH”, and asked if anyone wished to speak to the subject. Lee Ingram, 39 Edgemere Avenue, questioned if the sale of this property will interfere with the building of a new church on Belvedere Street. No one else appeared to speak nor were protests filed with the Clerk. The hearing was closed. A motion to adopt the ordinance was made by Mr. Bethea, seconded by Ms. Lartigue, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Minutes of Council Meeting December 6, 2007 1  Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AMENDING CHAPTER 2, ARTICLE XII, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF TRENTON IN ORDER TO ESTABLISH A TABLE OF ORGANIZATION FOR THE TRENTON POLICE DEPARTMENT”, 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 Ms. Lartigue, seconded by Mr. Melone, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $11,168,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $10,679,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF”, 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 Ms. Staton, seconded by Mr. Pintella, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None COMMUNICATIONS AND PETITIONS: a- Civil Action – in the matter of Jamelle Jordan vs. Jose Montalvo, et al. b- Civil Action – in the matter of Lasalle Bank National Association, as trustee for Morgan Stanley Mortgage Loan Trust vs. Brent Jones, et al. c- Russell P. Wilson, 302 West State Street, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) d- Patsy N. Warlock, 213 Spring Street, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) e- CARMA/NJ, County Archives and Records Management Association of New Jersey – submitting meeting notice for December 6, 2007. f- State of New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination in the matter of Regal I, Inc. g- State of New Jersey Department of Environmental Protection – submitting copy of Permit issued to M Resources, LLC. h- State of New Jersey Department of Transportation – enclosing copy of Memorandum of Agreement between the Federal Highway Administration and the New Jersey State Historic Preservation Officer regarding three orphan bridges over Amtrak. i- Comcast – enclosing notice of pricing revisions. Minutes of Council Meeting December 6, 2007 2 j- Mercer County Board of Chosen Freeholders – enclosing copy of the Transcript of Proceedings for the Public Hearing held on the Mercer County Solid Waste Management Plan. k- The Delaware Valley Regional Planning Commission – announcing that the Draft Public Participation Plan is scheduled to be released for a 45-day public comment period beginning on November 16, 2007 and ending on January 2, 2008. l- LFR Environmental Management & Consulting Engineering – advising of a biennial certification for the Groundwater Classification Exception Area at 940 Prospect Street, Trenton. m- State of New Jersey Department of Environmental Protection – advising of Remedial Investigation Report for 1395 New Jersey Avenue, Trenton. n- State of New Jersey Department of Environmental Protection – advising of Remedial Action Work Plan Approval for 682 South Broad Street, Trenton. o- State of New Jersey Department of Environmental Protection – advising of the Remediation of Lincoln Avenue, Trenton. p- State of New Jersey Department of Environmental Protection – advising of the Classification Exception Area Biennial Certification Report Approval for 421 Bridge Street, Trenton. q- State of New Jersey Department of Environmental Protection –advising of the Classification Exception Area Biennial Certification Report Approval for Lafayette & South Warren Streets, Trenton. r- State of New Jersey Department of Environmental Protection – advising of Remedial Action Report Approval for 230 Hermitage Avenue, Trenton. s- State of New Jersey Department of Environmental Protection – advising of Remedial Investigation Report/Remedial Action Workplan Approval for Calhoun and North Willow Street, Trenton. t- State of New Jersey Department of Environmental Protection – advising of Remedial Investigation Report for 431 Pennington Avenue, Trenton. REPORTS – none submitted APPLICATIONS AND BONDS – none submitted NEW BUSINESS: Motion was made by Mr. Melone, seconded by Ms. Lartigue, to adopt the following resolutions by a consent vote of City Council. Said motion carried with the following vote: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Segura 1 RESOLUTION NO. 07-638 - RESOLUTION REJECTING TWO BIDS FOR THE FURNISHING AND DELIVERY OF TWO (2) 2008 FORD F- 150 FOUR WHEEL DRIVE TRUCKS OR APPROVAL EQUIVALENT FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY. Minutes of Council Meeting December 6, 2007 3  2. RESOLUTION NO. 07-639 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH APOLLON GROUP LLC, 205 LAKEVILLE ROAD, NEW HYDE PARK, NEW YORK FOR REPAIRS TO THE EXTERIOR WALL OF 147 NORTH BROAD STREET IN CONJUNCTION WITH THE DEMOLITION OF 145 NORTH BROAD STREET, in an amount not to exceed $25,000. 3. RESOLUTION NO. 07-640 - RESOLUTION AUTHORIZING AN APPLICATION FOR A HIGHWAY SAFETY GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, OVER THE LIMIT UNDER ARREST 2007 YEAR END CRACKDOWN, in an amount not to exceed $5,000. 4. RESOLUTION NO. 07-641 - RESOLUTION AUTHORIZING AN APPLICATION TO THE NEW JERSEY URBAN ENTERPRISE ZONE AUTHORITY FOR UP TO $800,000 FOR PARTIAL CONSTRUCTION COSTS FOR THE REHABILITATION OF THE THIRD FLOOR OF THE MASONIC TEMPLE INTO COMMERCIAL OFFICE SPACE FOR CLARKE CATON HINTZ. 5. RESOLUTION NO. 07-642 - RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 177 WALNUT AVENUE (ACCOUNT #616-1744.302) DUE TO NON-ENTRY OF WATER INTO THE SEWER SYSTEM. 6. RESOLUTION NO. 07-643 - RESOLUTION AUTHORIZING THE PURCHASE OF MAINTENANCE SUPPORT AND RELATED SERVICES FOR THE MCSJ APPLICATION SOFTWARE FINANCIAL PACKAGE FROM EDMUNDS & ASSOCIATES, INC., 301A TILTON ROAD, NORTHFIELD, NEW JERSEY 08225 FOR THE DEPARTMENT OF ADMINISTRATION, THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $31,333. 7. RESOLUTION NO. 07-644 - RESOLUTION EXERCISING THE SECOND YEAR CONTRACT OPTION WITH CHUBB INSURANCE COMPANY (BROKER: BORDEN PERLMAN) FOR PROPERTY INSURANCE, AUTO LOT COVERAGE, FINE ARTS COVERAGE AND FIDELITY BONDS COVERAGE 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 $191,261. 8. RESOLUTION NO. 07-645 - RESOLUTION EXERCISING THE SECOND YEAR CONTRACT OPTION WITH STATE NATIONAL INSURANCE COMPANY FOR GENERAL LIABILITY, POLICE PROFESSIONAL LIABILITY, WORKERS COMPENSATION AND AUTOMOBILE LIABILITY INSURANCE COVERAGE FOR THE CITY OF TRENTON, in an amount not to exceed $390,000. 9. RESOLUTION NO. 07-646 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO RIPI CONSTRUCTION, LLC, 11 MICHAEL MCCORRISTIN ROAD, TRENTON, NEW JERSEY 08690, FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT FOR CONTRACT 2007-I PHASE II CONSTRUCTION OF CURB RAMPS AT VARIOUS LOCATIONS IN THE CITY OF TRENTON, FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $244,493.25. Minutes of Council Meeting December 6, 2007 4  10. RESOLUTION NO. 07-647 - RESOLUTION AWARDING A CONTRACT TO MS. DONNA M. MCDAID, R.D., 144 CYPRESS DRIVE, EAST WINDSOR, NEW JERSEY 08520 TO PERFORM THE SERVICES OF A PROGRAM NUTRITIONIST FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH, WIC PROGRAM, in an amount not to exceed $38,454. 11. RESOLUTION NO. 07-648 - RESOLUTION AWARDING A CONTRACT TO JENNIFER J. NAGY, R.D., M.P.H., 34 WOODLAND DRIVE, EAST WINDSOR, NEW JERSEY 08520, TO PROVIDE SERVICES AS A PART-TIME NUTRITION EDUCATION PROGRAM DEVELOPMENT SPECIALIST FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH, WIC PROGRAM, in an amount not to exceed $22,750. 12. RESOLUTION NO. 07-649 - RESOLUTION AWARDING A CONTRACT TO INTERNATIONAL SALT CO., INC., 655 NORTHERN BOULEVARD, CLARK SUMMIT, PA 18411 FOR THE FURNISHING AND DELIVERY ON AN AS NEEDED BASIS APPROXIMATELY 1,430 TONS OF PRE-TREATED ROCK SALT FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF STREETS FOR USE DURING THE 2007/2008 WINTER SEASON, IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT, in an amount not to exceed $100,700.60. 13. RESOLUTION NO. 07-650 - RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION ALCOHOLIC BEVERAGE LICENSE #1111-32-019-009, issued to (Ransome Group, LLC, t/a Championship Sports Bar and Grill/Liquors, 931 Chambers Street, Trenton, New Jersey. 14. RESOLUTION NO. 07-651 - RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $200,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR YEAR-2 FUNDING OF THE GREATER DONNELLY WEED & SEED AREA. 15. RESOLUTION NO. 07-652 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO ROME MANAGEMENT ASSOCIATES, LLC, 52 LIBERTY STREET, TRENTON, NEW JERSEY 08611 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT FOR ALTERNATIONS AT THE TRENTON PUBLIC LIBRARY LOCATED AT 120 ACADEMY STREET FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $14,792.85. 16. RESOLUTION NO. 07-653 - RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH TRAP ROCK INDUSTRIES, P.O. BOX 419, KINGSTON, NEW JERSEY 08528, FOR THE FURNISHING OF VARIOUS BITUMINOUS CONCRETE MIXTURES AND ASPHALT CEMENT, in an amount not to exceed $60,000. 17. RESOLUTION NO. 07-654 - RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-184-003 FOR 2007-2008 LICENSING TERM, issued to Ashmore Associates, Inc., t/a Good Times Tavern, 160 Ashmore Avenue, Trenton, New Jersey. 18. RESOLUTION NO. 07-655 - RESOLUTION APPROVING TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-140-003, from Hulse Enterprises, Inc., to Michael Matucheck, t/a None, 801 Anderson Street, Trenton, New Jersey. Minutes of Council Meeting December 6, 2007 5  19. RESOLUTION NO. 07-656 - RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO HEAR AND REVIEW PROPOSED AMENDMENTS TO LAMBERTON STREET REDEVELOPMENT AREA PLAN. 20. RESOLUTION NO. 07-657 - RESOLUTION GRANTING EXCLUSIVE DEVELOPMENT RIGHTS TO L & F URBAN RENEWAL PROPERTIES, LLC FOR A PORTION OF THE EAST STATE STREET REDEVELOPMENT AREA. 22. RESOLUTION NO. 07-658 - RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY 2008 TEMPORARY BUDGET OF THE CITY OF TRENTON UTILITY BUDGETS. 23. RESOLUTION NO. 07-659 - RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY 2008 TEMPORARY BUDGET OF THE CITY OF TRENTON CURRENT FUND. 24. RESOLUTION NO. 07-660 - RESOLUTION AUTHORIZING CHANGE ORDERS #1-10 TO THE CONTRACT WITH J.H. WILLIAMS ENTERPRISES, INC., 575 MOORELAND AVENUE, BURLINGTON, NEW JERSEY 08016, FOR THE FURNISHING OF ALL LABOR, EQUIPMENT AND MATERIALS FOR RENOVATIONS AND ALTERATIONS TO THE CITY HALL DEPARTMENT OF LAW OFFICES, in an amount not to exceed $21,157.32. 25. RESOLUTION NO. 07-661 - RESOLUTION ACCEPTING A MUNICIPAL ALLIANCE GRANT IN THE AMOUNT OF $126,809 FROM THE COUNTY OF MERCER, DEPARTMENT OF HUMAN SERVICES, OFFICE OF ADDICTION SERVICES. 26. RESOLUTION NO. 07-662 - RESOLUTION AUTHORIZING THE AWARDING OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO FAREWELL MILLS GATSCH ARCHITECTS, LLC, 200 FORRESTAL ROAD, PRINCETON, NEW JERSEY 08540 TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR LIGHTING UPGRADES TO THE INTERIOR/EXTERIOR OF THE HISTORIC MILL HILL PLAYHOUSE FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE, DIVISION OF CULTURE, in an amount not to exceed $16,575. 27. RESOLUTION NO. 07-663 - RESOLUTION ACCEPTING A 2007 RECREATIONAL TRAILS PROGRAM GRANT FROM THE NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $25,000 FOR STACY PARK. 28. RESOLUTION NO. 07-664 - RESOLUTION AUTHORIZING AN AGREEMENT WITH WOODROSE PROPERTIES GOLDEN SWAN, LLC, AWARDING $204,425 IN URBAN ENTERPRISE ZONE FUNDS FOR THE REHABILITATION OF THE HISTORIC GOLDEN SWAN BUILDING AT 101-107 SOUTH WARREN STREET. 29. RESOLUTION NO. 07-665 - RESOLUTION APPROVING TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-240-004, From Matinicus, Inc., to Maria & Daughters, LLC, t/a Jules Tavern, 267 Cummings Avenue, Trenton, New Jersey. 30. RESOLUTION NO. 07-666 - RESOLUTION APPROVING TRANSFER OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-099-004, From Willeeni, Inc. to Edward Mendez, t/a Las Estrellas Bar, 1299 East State Street, Trenton, New Jersey. Minutes of Council Meeting December 6, 2007 6 ORDINANCES: 1. Mr. Melone introduced, presented, and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING THE SALE OF CERTAIN CITY-OWNED PROPERTIES TO L & F URBAN RENEWAL PROPERTIES, LLC”. The motion was seconded by Mr. Pintella, and carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Segura 2. Mr. Pintella introduced, presented, and authorized publication of an ordinance entitled “ORDINANCE OF THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY AUTHORIZING THE SALE OF A PORTION OF THE CITY’S WATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION OF AN AGREEMENT OF SALE AND A WATER SUPPLY AGREEMENT BY AND BETWEEN THE CITY AND NEW JERSEY – AMERICAN WATER COMPANY, INC. AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH”. The motion was seconded by Ms. Staton, and carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Segura 3. Mr. Pintella introduced, presented, and authorized publication of an ordinance entitled “ORDINANCE AMENDING CHAPTER 237 OF THE CODE OF THE CITY OF TRENTON (REGULATING SLAUGHTERHOUSES)”. The motion was seconded by Mr. Melone, and carried. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Melone, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Segura Mr. Melone left the meeting at 6 p.m. PUBLIC PRESENTATIONS: Marjorie Pinder, 757 Centre Street, expressed her opinion regarding residency of City employees. Kenneth Bullock, 341 Monmouth Street, spoke regarding the residency issue and in support of Director Santiago; and feels the director has done an excellent job. Frank Weeden, 256 Allen Street, spoke regarding the sale of the Trenton Water Works and feels that it’s an important financial decision and suggests that City Council request an outside audit. Lee Ingram, 39 Edgemere Avenue, spoke in support of Director Santiago protecting his family. Ms. Wilson, 817 Revere Avenue, spoke in support of Director Santiago, and feels that he has done a good job. Minutes of Council Meeting December 6, 2007 7 Patricia Stewart, 679 Lamberton Street, spoke in favor of residency, and feels that Director Santiago did not do a good job on Lamberton Street; also concerned about health issues at M & M Bar, and of the crimes on Lamberton Street. Melvin Kelly, 331 Euclid Avenue, spoke in favor of residency, and feels that everyone that works for the City of Trenton should live in the City. Nicholas Stewart, 679 Lamberton Street, submitted a letter to City Council. Mr. Avelon, 622 Adeline Street, spoke in support of Director Santiago, and feels that he has done a good job. Wanda Scott, 1416 Stuyvesant Avenue, spoke in support of Director Santiago, and feels that he has done a good job in the City of Trenton. Juan Martinez, 508 Lamberton Street, representing PROS, spoke in support of Director Santiago. Reginald Pleasant, 249 North Willow Street, spoke in favor of residency. William Boyd, 31 Nordac Place, questioned how the residency issue would effect the people that have already lost their jobs due to residency. There being no further business, the meeting was adjourned at 6:47 p.m. Respectfully submitted, ___________________ _______________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk Minutes of Council Meeting December 6, 2007 8