City Council

CITY COUNCIL REGULAR MEETING MINUTES March 6, 2008 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., in the Council Chamber, City Hall, 319 East State Street, Trenton, New Jersey. The meeting was called to order by President Paul M. Pintella, who announced that adequate public notice has 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 February 29, 2008. ROLL CALL: Present: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, and Mr. Pintella Absent: Mr. Melone (arrived at 5:44 p.m.) Invocation and Salute to the Flag was led by Acting City Clerk Juanita M. Joyner. Motion was made by Ms. Lartigue, seconded by Ms. Staton, that the minutes of the City Council meetings held on February 7, 12, 19, 21, and 25, 2008, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Councilmember’s present. UNFINISHED BUSINESS: Council President Pintella declared open a public hearing on the FY 2008 Budget, 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 FY 2008 Budget was made by Ms. Lartigue, seconded by Mr. Pintella, and carried by the following vote of Council: Ayes: Ms. Lartigue, Messrs. Melone (arrived at 5:44 p.m.) and Segura, Ms. Staton and Mr. Pintella Nays: Messrs. Bethea and Coston COMMUNICATIONS AND PETITIONS: 2a - Peggy M. Jackson, 1216 W. State Street, Trenton – submitting Claim for Damage against the City of Trenton. (monetary damage) 2b - Rafael Fernandez, 134 Norway Avenue, Trenton – submitting Claim for Damage against the City of Trenton. (personal injury) 2c - Calvin E. Thompson, Jr., 115 Columbus Avenue, Trenton – submitting Claim for Damage against the City of Trenton. (personal injury) 2d - James W. Bainbridge, 1 Bayberry Road, Princeton, NJ – submitting Claim for Damage against the City of Trenton. (property & personal damage) 2e - Civil Action – in the matter of Mooring Tax Asset Group, LLC vs. Gertrude Davis, et al. 2f - Civil Action (summons) - in the matter of Annmarie Flores & Edward Flores vs. Fox & Fox, LLP, et al. 2g - Civil Action (summons) – in the matter of Dianne Solomon v. Doug Palmer, City Hall & Trenton Police. 2h - Civil Action (summons) – in the matter of Hector Martinez vs. City of Trenton, et al. 2i - Civil Action (summons) – in the matter of CITIMORTGAGE, INC. vs. Nellie Davis et al. 2j - Civil Action (summons) – in the matter of Daniel Lushan v. 127-129 Burton Avenue, Inc., et al. 2k - Civil Action (summons) – in the matter of Pippo Marino vs. Robbins Annex School, et al. 2l - Civil Action (summons) – in the matter of Robert S. Toth, Sr., vs. City of Trenton. 2m - New Jersey Department of Environmental Protection – enclosing copy of Remedial Action Report for 201 Buckingham Avenue, Trenton, NJ. 2n - State of New Jersey Department of Transportation – acknowledging receipt of Ordinance No. 08-02. 2o - New Jersey Department of Environmental Protection – enclosing a copy of Classification Exception Area (CEA) Biennial Certification Report Approval. 2p - Federal Communications Commission – enclosing a copy of Petition for Special Relief filed by Comcast Cable Communications, LLC. March 6, 2008 2 2q - Pellegrino & Feldstein, LLC – enclosing a copy of Tax Sale Certificate. REPORTS: 3a- Juanita M. Joyner, Acting City Clerk - advising that the following Raffle Application has been approved as of March 6, 2008: Holy Cross Post 417 Catholic War Veterans, 301 Grand Street, Trenton, NJ 08611. APPLICATIONS AND BONDS - None Submitted NEW BUSINESS: Motion was made by Ms. Lartigue, seconded by Mr. Melone, to adopt the following resolutions by a consent vote of City Council. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs, Melone, Segura, Ms. Staton and Mr. Pintella Nays: None 1. RESOLUTION NO. 08-95 - RESOLUTION AMENDING RESOLUTION 07- 641 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. (Sponsored by Mr. Bethea) 2. RESOLUTION NO. 08-96 - RESOLUTION AMENDING RESOLUTION 07-563 SOLELY TO CHANGE THE FUNDING SOURCE FOR THE CONTRACT WITH BROWNFIELD REDEVELOPMENT SOLUTIONS, INC., FOR PROFESSIONAL ENVIRONMENTAL SERVICES IN SUPPORT OF CITY ECONOMIC DEVELOPMENT. (Sponsored by Ms. Staton) 3. RESOLUTION NO. 08-97 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT OF $300,000 FROM THE NEW JERSEY DEPARTMENT COMMUNITY AFFAIRS NEIGHBORHOOD HOUSING REHABILITATION PROGRAM. (Sponsored by Mr. Coston) 4. RESOLUTION NO. 08-98 - RESOLUTION AMENDING RESOLUTION 07-465 AND INCREASING THE CITY’S COMMITMENT FROM $199,897.15 TO $390,000 IN HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FUNDS TO THE EAST STATE STREET HOMES PROJECT. (Sponsored by Ms. Staton) March 6, 2008 3  5. RESOLUTION NO. 08-99 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT AWARD IN THE AMOUNT OF $1,818,047 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE 2007 HOMELESS CONTINUUM OF CARE PROGRAM. (Sponsored by Ms. Staton) 6. RESOLUTION NO. 08-100 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, DIVISION OF HIV/AIDS SERVICES FOR THE PROVISION OF FINANCIAL SUPPORT FOR THE TRENTON HEALTH INCENTIVE PROGRAM FOR WOMEN (HIP4W) AND PROJECT LISTOS IN THE AMOUNT OF $316,100. (Sponsored by Mr. Bethea and Ms. Staton) 7. RESOLUTION NO. 08-101 - RESOLUTION SUPPORTING MERCER COUNTY’S APPLICATION FOR A 2008-2009 SHARE GRANT TO CONDUCT A RECORDS STORAGE FACILITY FEASIBILITY STUDY. (Sponsored by Mr. Coston) 8. RESOLUTION NO. 08-102 - RESOLUTION AUTHORIZING PARTICIPATION WITH THE COUNTY OF MERCER FOR A 2008-2009 PARIS GRANT RECORDS STORAGE FACILITY FEASIBILITY STUDY. (Sponsored by Mr. Coston) 9. RESOLUTION NO. 08-103 -RESOLUTION AUTHORIZING PARTICIPATION WITH THE COUNTY OF MERCER FOR A 2008-2009 PARIS GRANT FOR RECORDS MANAGEMENT TRAINING AND THE TAX ASSESSORS WEB-PORTAL. (Sponsored by Mr. Coston) 10. RESOLUTION NO. 08-104 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH JACQUES WHITFORD, 450 SOUTH GRAVERS ROAD, SUITE 105, PLYMOUTH MEETING, PA 19462, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DELINEATION OF ENVIRONMENTAL CONTAMINATION AT THE CANAL PLAZA SITE, in an amount not to exceed $53,783. (Sponsored by Mr. Bethea) 11. RESOLUTION NO. 08-105 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH FEDERAL ELEVATOR, 1130B INDUSTRIAL PARKWAY, BRICK, NEW JERSEY, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR REPLACEMENT OF THE HYDRAULIC SYSTEMS AND RELATED MECHANICAL REPAIRS TO THE ELEVATOR IN CITY HALL TO RESTORE OPERATION, in an amount not to exceed $81,868.50. (Sponsored by Ms. Staton) March 6, 2008 4  12. RESOLUTION NO. 08-106 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT AWARD FROM THE STATE OF NEW JERSEY, DEPARTMENT OF HEALTH AND SENIOR SERVICES, DIVISION OF HIV/AIDS SERVICES FOR THE FINANCIAL SUPPORT OF THE PROJECT IMPACT MOBILE HEALTH VAN, in the amount of $105,000. (Sponsored by Ms. Staton) 13. RESOLUTION NO. 08-107 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO MOTORS FLEET, 900 STATE HIGHWAY 35, OCEAN, NEW JERSEY 07712 FOR THE FURNISHING AND DELIVERY OF TWO (2) NEW 2008 FORD F-105 FOUR WHEEL DRIVE TRUCKS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $49,460. (Sponsored by Mr. Coston) 14. RESOLUTION NO. 08-108 - RESOLUTION AUTHORIZING THE PURCHASE OF SIXTY (60) INFO-COP MOBILE LAPTOP COMPUTERS FROM GOLD TYPE BUSINESS MACHINES, INC. (GTBM, INC.), 351 PATERSON AVENUE, EAST RUTHERFORD, NEW JERSEY 07073, FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $130,860. (Sponsored by Ms. Staton) 15. RESOLUTION NO. 08-109 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO CH2M HILL, 99 CHERRY HILL ROAD, SUITE 200, PARSIPPANY, NJ 07054 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE TRENTON WATER WORKS WATER QUALITY REPORT, FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $26,500. (Sponsored by Mr. Bethea) 16. RESOLUTION NO. 08-110 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KELLE CHEVROLET, 137 ALLAIRE ROAD, P.O. BOX 726, FARMINGDALE, N.J. 07727 FOR THE FURNISHING AND DELIVERY OF TWO (2) 2008 CHEVROLET EXPRESS CARGO RWD MINI VANS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $37,796. (Sponsored by Mr. Coston) March 6, 2008 5  17. RESOLUTION NO. 08-111 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO GRACE QUALITY USED CARS, 945 LINCOLN HIGHWAY, MORRISVILLE, PA 19067 FOR THE FURNISHING AND DELIVERY OF TEN (10) EACH REFURBISHED POLICE SEDANS FOR THE DEPARTMENT OF POLICE, in an amount not to exceed $64,000. (Sponsored by Ms. Staton) 18. RESOLUTION NO. 08-112 - RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A- 20.5 ET SEQ. WITH THE LAW OFFICES OF NAGEL RICE, LLP, 103 EISENHOWER PARKWAY, ROSELAND, NJ 07068 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $50,000. (Sponsored by Mr. Coston) 19. RESOLUTION NO. 08-113 - RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A- 20.5 ET SEQ. WITH THE LAW OFFICES OF SINGER & GOGER, 111 MULBERRY STREET, NEWARK, NJ 07102 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $30,000. (Sponsored by Ms. Staton) 20. RESOLUTION NO. 08-114 - RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A- 20.5 ET SEQ. WITH THE LAW OFFICES OF EMMETT E. PRIMAS, JR., 20 EAST CENTRE STREET, WOODBURY, NEW JERSEY 08096 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $20,000. (Sponsored by Mr. Coston) 21. RESOLUTION NO. 08-115 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE BETTER ENVIRONMENTAL SOLUTIONS FOR TRENTON COMMITTEE FOR THE MAGIC MARKER BROWNFIELDS DEVELOPMENT AREA. (Sponsored by Ms. Staton) 22. RESOLUTION NO. 08-116 - RESOLUTION CANCELING CERTIFICATE OF HOUSING CODE COMPLIANCE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Vincent Tomaselli in the amount of $175. (Sponsored by Mr. Coston) March 6, 2008 6  23. RESOLUTION NO. 08-117 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. TO LAWRENCEVILLE ENGINEERING GROUP, INC., (DBA ROBERT BUDA ASSOCIATES), 18 TAMAR COURT, LAWRENCEVILLE, NEW JERSEY 08648 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE WIDENING OF DUNHAM STREET AND ROADWAY CONSTRUCTION FOR THE MAGIC MARKER SITE, 435-1/2 -- 469 CALHOUN STREET FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT, in an amount not to exceed $70,250. (Sponsored by Ms. Staton) 24. RESOLUTION NO. 08-118 - RESOLUTION OF NEED FROM THE CITY OF TRENTON FOR THE NMR TRENTON, LLC PROJECT. (Sponsored by Mr. Pintella) ORDINANCES: 1. Mr. Segura introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND JAMES DAVIS FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”. The motion was seconded by Mr. Segura. Ayes: Messrs. Bethea, Coston, Melone and Segura, Ms. Staton and Mr. Pintella Nays: Ms. Lartigue 2. Mr. Pintella introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING A PAYMENT IN LIEU OF TAXES TO NMR TRENTON, LLC FOR THE PROPERTIES IDENTIFIED HEREIN PURSUANT TO N.J.S.A. 55:14K-1 ET SEQ”. The motion was seconded by Messrs. Melone and Segura. Ayes: Messrs. Bethea, Coston, Melone and Segura, Ms. Staton and Mr. Pintella Nays: Ms. Lartigue 3. Mr. Bethea introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING THE EXECUTION OF A DISPOSITION AGREEMENT AND THE EXCHANGE OF REAL PROPERTIES BETWEEN CITYSIDE ASSOCIATES, LP, CITYSIDE ASSOCIATES II LP, NMR TRENTON, LLC AND THE CITY OF TRENTON FOR THE DOWNTOWN LIVING PROJECT ON BRUNSWICK AVENUE, NORTH CLINTON AVENUE, MONTGOMERY AND SANFORD STREET”. The motion was seconded by Mr. Pintella. Ayes: Messrs. Bethea, Coston, Melone and Segura, Ms. Staton and Mr. Pintella Nays: Ms. Lartigue March 6, 2008 7  The following resolutions were late entries: RESOLUTION NO. 08-119 – RESOLUTION AMENDING RESOLUTION 07- 273 GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE #1111-33-199-002, FITZGERALD, DELORES, T/A DEE’S PLACE, 102-104 CHESTNUT AVENUE, AND GRANTING RENEWAL OF 2006-2007 AND 2007-2008 LICENSES. (Sponsored by Mr. Melone) Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None RESOLUTION NO. 08-120, which was read by Acting City Clerk Juanita M. Joyner, and sponsored by Mr. Segura. HISPANIC HERITAGE MONTH WHEREAS, Hispanic men and women have strengthened our city and played a significant role in the development and progress of the United States, and WHEREAS, Hispanic Americans work very hard and have a deep commitment to faith and family that contributes to shaping the character of our communities and preserving the values we all cherish, and WHEREAS, Hispanic Americans have had a positive impact on life in the City of Trenton by participating fully in the American dream in the fields of science, technology, politics and the arts, and WHEREAS, We want to celebrate their many contributions by observing Hispanic Heritage Month from September 15th through October 15th, kicking off the festivities with a parade. This will be an annual event from this day forth. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Trenton hereby make known the celebration of Hispanic Heritage Month. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None March 6, 2008 8 PUBLIC PRESENTATIONS: Dion Clark, 323 Walnut Avenue, questioned the prices of the new houses at Cityside Apartments; vicious dogs; Rental Advisory Committee. Rafael Valentin, 225 Kensington Avenue, congratulated City Council for dealing with the Budget; questioned the status of the Champale Project. Marjorie Pinder, 757 Centre Street, feels that we need to renovate big areas in the City to bring in revenue. James Wells, 108 North Montgomery Street, questioned the safety of the gas meters that are being installed on sidewalks; suggested giving tax credits to people that are losing their homes. EXECUTIVE SESSION: (City Council went into the Conference Room at 6:50 p.m. for Executive Session) Adoption of the following resolution to go into Executive Session was moved by Mr. Melone, seconded by Mr. Pintella, and carried by unanimous vote of Council members present. Mr. Segura left the meeting at 7:53 p.m. and did not attend the Executive Session. RESOLUTION AUTHORIZING EXECUTIVE SESSION OF CITY COUNCIL BE IT RESOLVED, that pursuant to N.J.S.A. 10:4-12 et seq. the public is hereby excluded from the following discussions; Concerning pending or anticipated litigation or contract negotiations “Club XL – AOL Hearing and falling with the Attorney Client Privilege BE IT FURTHER RESOLVED, that the contents of these discussions will be disclosed to the public at the conclusion of the litigation upon a determination that the need for confidentiality no longer exists. Respectfully submitted, ____________________ _______________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk March 6, 2008 9