City Council

CITY COUNCIL REGULAR MEETING MINUTES April 3, 2008 Mott School 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 Mott School, 45 Stokely Avenue, 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 March 28, 2008. 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. Motion was made by Mr. Melone, seconded by Ms. Staton, that the minutes of the City Council meetings held on February 7, March 6, 12 and 18, 2008, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Councilmembers present. UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCES: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 14 OF THE CODE OF THE CITY OF TRENTON, “TRAFFIC, ONE WAY STREETS,” AS IT APPLIES TO RANDALL AVENUE BETWEEN LALOR STREET AND DEKLYN AVENUE”, 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. Coston, seconded by Mr. Pintella, and carried by the following vote of Council. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None April 3, 2008 1  Council President Pintella declared open a public hearing on an ordinance entitled “AN ORDINANCE AMENDING CHAPTER 77 OF THE CODE OF THE CITY OF TRENTON, ENTITLED “FEES”, 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. Coston, seconded by Mr. Pintella, 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 AMENDING AND SUPPLEMENTING CHAPTER 14 OF THE CODE OF THE CITY OF TRENTON, “TRAFFIC, PARKING FOR THE HANDICAPPED,” AS IT APPLIES TO ARCH STREET AND GRAND STREET”, 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. Segura, seconded by Mr. Coston, 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 AUTHORIZING ACQUISITION OF REAL PROPERTY IN THE MERCER JACKSON ‘1 A’ REDEVELOPMENT AREA, KNOWN AS BLOCK 9803, LOT 6”, 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. Bethea, 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 April 3, 2008 2  Council President Pintella declared open a public hearing on an ordinance entitled “AN ORDINANCE AMENDING ORDINANCE 03-7 ENTITLED “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FOR THE CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THESE RANGES FOR AFSCME LOCAL #2286”, 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. Segura, seconded by Ms. Lartigue, 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 “AN ORDINANCE AMENDING THE POSITION OF MIS COORDINATOR, FIXING A SALARY RANGE THEREFORE, AND SETTING FORTH CERTAIN REGULATIONS FOR THE IMPLEMENTATION OF THE SAME”, 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. Segura, seconded by Mr. Melone, and carried by the following vote of Council. Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton and Mr. Pintella Nays: None COMMUNICATIONS AND PETITIONS: 2a - Anthony N. Gervasio, 210 Mason Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2b - Civil Action Complaint (Real Property Tax) – in the matter of Istar 100 Riverview v. City of Trenton. 2c - Civil Action Complaint (Real Property Tax) – in the matter of Istar 200-300 v. Riverview v. City of Trenton. 2d - Civil Action (summons) – in the matter of Thomas Fleming vs. City of Trenton, et als. 2e - Civil Action Complaint (Real Property Tax) - in the matter of Trenton Convalescent Center Affil vs. City of Trenton. 2f - Civil Action (summons) – in the matter of U. S. Bank National Association vs. Charles Davis, et als. April 3, 2008 3 2g - Civil Action (summons) – in the matter of Rosario Rodas vs. Miguel A. Rodas, Kim Stout & City of Trenton. 2h - Civil Action - in the matter of World Class Automotive & Jersey Truck Repair, Inc. vs. City of Trenton. 2i - Civil Action Complaint (Real Property Tax) – in the matter of First States Investors 3300, LLC v. City of Trenton. 2j - Civil Action – in the matter of J & B Property Holdings LLC vs. Henry J. brown, et al. 2k - Civil Action Complaint (Real Property Tax) – in the matter of Holiday Trenton, Inc. vs. City of Trenton. 2l - State of New Jersey 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. Ransome Group, LLC. 2m - State of New Jersey Department of Transportation – advising of the applications will now be accepted for the (NJDOT) Municipal Aid, Bikeway, Centers of Place, Historic Bridge, and Safe Streets to Transit Programs. 2n - NJ Transit – submitting request from passenger on the 418 Camden – Cherry Hill- Moorestown- Trenton Express service for additional bus stops. 2o - New Jersey Department of Environmental Protection – enclosing a copy of Status Report-Response to Notice of Deficiency CEA Biennial Certification Monitoring Report. 2p - Borough of East Newark County of Hudson – enclosing a copy of Resolution Opposing The Failure of The Governor’s Proposed State Budget for The 2008-2009 Fiscal Year to Treat Property Tax Relief as our Priority. 2q - State of New Jersey Department of Environmental Protection – advising of No Further Action Letter & Covenant Not to Sue for Argus International and Eastern Summatek. 2r - Ewing Township Zoning Board of Adjustment – enclosing a copy of Public Notice of Hearing. 2s - Comcast – advising of channel changes. REPORTS – None Submitted APPLICATIONS AND BONDS - None Submitted April 3, 2008 4 NEW BUSINESS: Motion was made by Mr. Melone, seconded by Mr. Segura, to adopt the following resolutions by a consent vote of City Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None 1. RESOLUTION NO. 08-145 - RESOLUTION REJECTING ALL BIDS PURSUANT TO 40A:11-13.2 ET. SEQ. FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR PHASE I - RESTORATION OF THE COTTAGE ADMINISTRATION BUILDING LOCATED IN CADWALADER PARK FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE, DIVISION OF NATURAL RESOURCES. (Sponsored by Ms. Staton) 2. RESOLUTION NO. 08-146 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO JONICO, INC., P.O. BOX 751, LAMBERTVILLE, NEW JERSEY 08530 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE RECONSTRUCTION OF BROAD STREET FROM PERRY STREET TO LAFAYETTE STREET FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRAFFIC AND TRANSPORTATION, in an amount not to exceed $633,510. (Sponsored by Mr. Bethea) 3. RESOLUTION NO. 08-147 - 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 LORD, WORRELL & RICHTER, INC., 651 HIGH STREET, BURLINGTON, NEW JERSEY 08016 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE RECONSTRUCTION OF STOCKTON STREET FROM PERRY STREET TO FRONT STREET FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF TRAFFIC AND TRANSPORTATION, in an amount not to exceed $61,200. (Sponsored by Messrs. Segura and Bethea) 4. RESOLUTION NO. 08-148 - RESOLUTION RESCINDING RESOLUTION NUMBER 08-59 WHICH WAS AWARDED A CONTRACT TO MAIN ACCESS SYSTEMS, INC., 900 BEATTY STREET, TRENTON, NEW JERSEY 08611 FOR THE FURNISHING OF ALL LABOR, EQUIPMENT, MATERIALS AND INSTALLATION OF VIDEO CAMERAS AND A VIDEO RECORDING SYSTEM AT THE POLICE DEPARTMENT, 225 NORTH CLINTON AVENUE, FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY. (Sponsored by Mr. Coston) April 3, 2008 5  5. RESOLUTION NO. 08-149 - RESOLUTION AWARDING A CONTRACT TO NETEYES SECURITY, LLC, 35 N. MIDDLAUGH STREET, SOMERVILLE, NEW JERSEY 08876 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT, MATERIALS AND INSTALLATION OF VIDEO CAMERAS AND A VIDEO RECORDING SYSTEM AT THE POLICE DEPARTMENT FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, in an amount not to exceed $98,413.97. (Sponsored by Mr. Melone) 6. RESOLUTION NO. 08-150 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT THROUGH A FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20 ET. SEQ. TO JONICO, INC., P.O. BOX 751, LAMBERTVILLE, NEW JERSEY 08530 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT FOR DRAINAGE AND PAVING IMPROVEMENTS AT ELLARSLIE MANSION IN CADWALADER PARK FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES AND CULTURE, DIVISION OF CULTURE, in an amount not to exceed $21,533. (Sponsored by Ms. Staton) 7. RESOLUTION NO. 08-151 - RESOLUTION AMENDING THE CONTRACT WITH THE NTI GROUP, 15301 VENTURA BOULEVARD, BUILDING B, SUITE 300, SHERMAN OAKS, CA 91403 TO PROVIDE THE SECOND YEAR OF ANNUAL SUPPORT SERVICES FOR THE EMERGENCY NOTIFICATION SYSTEM FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, at a cost of $58,000. (Sponsored by Mr. Melone) 8. RESOLUTION NO. 08-152 - 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 COOPER LEVENSON APRIL NIEDELMAN & WAGENHEIM, P.A., 1125 ATLANTIC AVENUE, ATLANTIC CITY, NEW JERSEY 08401 TO PROVIDE PROFESSIONAL LEGAL SERVICES FOR WORKER’S COMPENSATION DEFENSE LITIGATION, in an amount not to exceed $185,000. (Sponsored by Mr. Pintella) 9. RESOLUTION NO. 08-154 - RESOLUTION AUTHORIZING THE USE OF COMPETITIVE CONTRACTING IN LIEU OF PUBLIC BIDDING FOR THE PURCHASE OF INSURANCE COVERAGE AND INSURANCE CONSULTANT SERVICES. (Sponsored by Ms. Staton) April 3, 2008 6  10. RESOLUTION NO. 08-155 - RESOLUTION CANCELING NON-OCCUPANT OWNER LICENSE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Edward & Anita Jackowski – in the amount of $55. (Sponsored by Mr. Melone) 11. RESOLUTION NO. 08-156 - RESOLUTION CANCELING CERTIFICATE OF HOUSING CODE COMPLIANCE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Matteo Barbiero – in the amount of $125. (Sponsored by Mr. Melone) 12. RESOLUTION NO. 08-157 - 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). (Sponsored by Mr. Coston) 13. RESOLUTION NO. 08-158 - RESOLUTION OF NEED FROM THE CITY OF TRENTON FOR THE ESCHER SRO PROJECT, LP. (Sponsored by Mr. Bethea) 14. RESOLUTION NO. 08-159 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) MERCER COUNTY LOCAL BOARD TO OPERATE THE PURCHASE OF SERVICE PROGRAM, for approximately $146,313. (Sponsored by Ms. Staton) 15. RESOLUTION NO. 08-160 - RESOLUTION APPROVING A TITLE AND TEXT CHANGE TO THE FY 2008 BUDGET FOR THE CITY OF TRENTON, COUNTY OF MERCER, STATE OF NEW JERSEY. (Sponsored by Mr. Coston) 16. RESOLUTION NO. 08-161 – RESOLUTION AMENDING RESOLUTION 07-512 APPOINTING COUNCIL MEMBERS TO BOARDS AND COMMISSIONS (Sponsored by Mr. Pintella) 17. RESOLUTION NO. 08-162 – RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO BUILDING INSPECTION UNDERWRITERS, INC., 20 E. TAUTON ROAD, SUITE 525, BERLIN, NEW JERSEY 08009 TO PROVIDE ELEVATOR INSPECTION AND SUBCODE SERVICES FOR THE DEPARTMENT OF INSPECTIONS, in the amount of 47% of the DCA fees. (Sponsored by Mr. Pintella) April 3, 2008 7  Motion was made by Mr. Segura, seconded by Mr. Segura, to ROLL CALL the following resolutions. Motion carried by unanimous vote of those Council members present. LOST - RESOLUTION NO. 08-144 ½ - RESOLUTION AWARDING A CONTRACT THROUGH COMPETITIVE CONTRACTING TO E-PATH COMMUNICATIONS, INC., 5110 EISENHOWER BOULEVARD, SUITE 300, TAMPA, FL 33634 FOR THE FURNISHING AND DELIVERY OF WIRELESS FIDELITY “WIFI” AND WIRELESS 4.9 GHZ INTERNET SERVICES FOR THE CITY OF TRENTON, in an amount not to exceed $250,000. (Sponsored by Mr. Pintella) Ayes: Ms. Staton and Mr. Pintella Nays: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura RESOLUTION NO. 08-153 - RESOLUTION AUTHORIZING THE COMMITMENT REGIONAL CONTRIBUTION AGREEMENT FUNDS IN THE AMOUNT TO $1,950,000 TO NMR TRENTON, LLC FOR THE DOWNTOWN LIVING PROJECT. (Sponsored by Mr. Pintella) Ayes: Messrs. Coston, Melone, Segura, Ms. Staton and Mr. Pintella Nays: Mr. Bethea and Ms. Lartigue LOST – RESOLUTION NO. 08-153 ½ - RESOLUTION AUTHORIZING THE USE OF COMPETITIVE CONTRACTING IN LIEU OF PUBLIC BIDDING FOR THE PURCHASE OF OCCUPATIONAL HEALTH MEDICAL SERVICES. (Sponsored by Ms. Staton) A question and answer period ensued regarding this resolution. Ayes: Mr. Pintella Nays: Messrs. Bethea, Coston, Melone and Segura Abstained: Ms. Lartigue and Ms. Staton FIRST READING OF THE FOLLOWING ORDINANCES: Mr. Pintella introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AMENDING ORDINANCE NO. 06-86 WHICH AUTHORIZED THE ACQUISITION OF REAL PROPERTY IN THE CHAMPALE REDEVELOPMENT AREA KNOWN AS 723 CENTRE STREET, BLOCK 11903, LOT 14 FROM CHAN C. KONG AND P. CHUN SOLELY AS TO THE AMOUNT FOR ACQUISITION”. The motion was seconded by Ms. Lartigue, and carried. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None April 3, 2008 8  Mr. Bethea introduced, presented and authorized publication of an ordinance entitled “ORDINANCE DESIGNATING ‘THE WHITTAKER, LLC’ AS DEVELOPER OF THE WHITTAKER HOUSING DEVELOPMENT AT THE FORMER MILL HILL HOTEL SITE AND AUTHORIZING THE SALE OF PROPERTY TO ‘THE WHITTAKER, LLC’. The motion was seconded by Mr. Segura, and carried. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Mr. Coston introduced, presented and authorized publication of an ordinance entitled “ORDINANCE REPEALING ORDINANCE NO. 06-87 WHICH AUTHORIZED THE ACQUISITION OF REAL PROPERTY IN THE CHAMPALE REDEVELOPMENT AREA KNOWN AS 1014 LAMBERTON STREET, BLOCK 11902, PORTION OF LOT 5 FROM YUSUF B. TAFARI”. The motion was seconded by Mr. Pintella, and carried. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Mr. Coston introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AMENDING ORDINANCE NO. 06-81 WHICH AUTHORIZED THE ACQUISITION OF REAL PROPERTY IN THE CHAMPALE REDEVELOPMENT AREA KNOWN AS 1014 LAMBERTON STREET, BLOCK 11902, A PORTION OF LOT 5 FROM YUSUF B. TAFARI SOLELY AS TO THE AMOUNT FOR ACQUISITION”. The motion was seconded by Mr. Pintella, and carried. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None An ordinance entitled “ORDINANCE AUTHORIZING THE SALE OF CITY OWNED PROPERTIES TO TRENTON CITYHOME CORPORATION, INC. PURSUANT TO N.J.S.A. 40A:12-21(j)” was reintroduced to City Council by the Department of Administration. Motion was made by Mr. Pintella, seconded by Ms. Staton, that the above ordinance be withdrawn, which was carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None April 3, 2008 9 PUBLIC PRESENTATIONS: A motion was made by Mr. Coston, seconded by Ms. Lartigue, to invite K. Hovanian to give a presentation on April 15, 2008, to Trenton City Council regarding their redevelopment plans, which motion carried by unanimous vote of those Council members present. John Scarpati, 371 Edinberg Road, informed City Council of his problems regarding his Junk Yard license. Marjorie Pinder, 757 Centre Street, feels that if you work for the City of Trenton, you should live in the City. Patricia Stewart, 679 Lamberton Street, feels that K. Hovanian should submit their financial records to the City of Trenton. Dion Clark, 323 Walnut Avenue, complained about unlicensed dogs; submitted a copy of a newspaper article regarding a house on Roebling Avenue that had 15 people living it without electricity. They were using a kerosene heater and were consequently hospitalized with carbon monoxide poisoning. He asked when the Rental Advisory Committee would be implemented. Frank Weeden, submitting a copy of a news article that was released regarding residency. Antoinette Shelton, 74 Highland Avenue, asked when the K. Hovanian situation would be updated. Monroe Larimore, 1446 Stuyvesant Avenue, spoke of contractual health care. Nancy McKeen, 409 Sanhican Drive, spoke regarding the residency issue. Nicholas Stewart, 679 Lamberton Street, spoke regarding the residency issue; and is pleased that the resolution regarding E-Path was defeated. There being no further business, the meeting adjourned at 7:05 p.m. Respectfully submitted, _________________ ____________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk April 3, 2008 10