City Council

CITY COUNCIL REGULAR MEETING MINUTES April 17, 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 5:39 p.m., at Council Chamber, 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 April 11, 2008. ROLL CALL: Present: Messrs. Bethea, Coston, Ms. Lartigue, Mr. Segura, Ms. Staton, and Mr. Pintella Absent: Melone (was in the conference room during Roll Call) Invocation and Salute to the Flag was led by Acting City Clerk Juanita M. Joyner. Motion was made by Ms. Lartigue, seconded by Mr. Segura, that the minutes of the City Council meetings held on March 20 and April 1, 2008, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Councilmember’s present. UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCES: Council President Pintella declared open a public hearing on 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”, 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. Pintella, seconded by Ms. Lartigue, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Mr. Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Melone (was in the conference room during voting.) April 17, 2008 1  Council President Pintella declared open a public hearing on 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’, 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. Pintella, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Mr. Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Melone (was in the conference room during voting.) Council President Pintella declared open a public hearing on 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”, 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 and seconded by Mr. Segura. The ordinance was then LOST with the following vote of Council: Ayes: Ms. Lartigue, Ms. Staton, and Mr. Pintella Nays: Messrs. Bethea, Coston, Segura Absent: Mr. Melone (was in the conference room during voting.) Council President Pintella declared open a public hearing on 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”, and asked if anyone wished to speak to the subject. •Antoinette Shelton, 74 Highland Avenue, suggested that the wording of this ordinance be changed so people understand that this property is being taken through eminent domain. •Ed Shelton, 74 Highland Avenue, asked if this acquisition is only for a portion of Mr. Tafari’s property. No one else appeared to speak nor were protests filed with the Clerk. The hearing was closed. April 17, 2008 2  Dennis Gonzalez, Assistant Business Administrator, explained to Council that 1co repeals an ordinance that was a part of an original unwritten agreement with Mr. Tafari that he did not follow through on, as he had an option to sell the entire property to the City, and did not. A motion to WITHDRAW the ordinance was made by Mr. Coston, seconded by Ms. Lartigue, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone (entered from conference room at 5:52 pm), and Segura, Ms. Staton and Mr. Pintella Nays: None COMMUNICATIONS AND PETITIONS: 2a - NY Gold Express, 13 E. State Street, Trenton – submitting a Claim for Damage against the City of Trenton. (property damage) 2b - Rosemarie Arroyo, 531 Adams Avenue, Elizabeth, NJ – submitting a Claim for Damage against the City of Trenton. (personal injury) 2c - Civil Action (summons) – in the matter of Rene & Amos Dean vs. Hermitage Heroes, et als. 2d - Civil Action (summons) – in the matter of Dianne Solomon vs. Doug Palmer & Trenton Police. 2e - Civil Action (summons) – in the matter of Josephus T. Y, Nyema Sr. vs. Hamilton Township, et al. 2f - Civil Action – in the matter of Michael Fabrikant vs. Kee-Mar, LLC, et al. 2g - Civil Action – in the matter of Queen Equities, LLC vs. Brocha Equiteis, LLC, et al. 2h - Civil Action (summons) – in the matter of First Franklin Financial Corporation vs. Barry Jackson, et al. 2i - State of New Jersey Division of Alcoholic Beverage Control – enclosing a copy of Notice of Charges for Gomez Bisono, Inc. 2j - State of New Jersey Division of Alcoholic Beverage Control – enclosing a copy of Notice of Charges for District Property Inc. 2k - State of New Jersey Department of Environmental Protection – enclosing a copy of revised Soil Excavation Plan for Millhill Family Center on 101 Oakland Street. April 17, 2008 3 2l - State of New Jersey Department of Environmental Protection – enclosing a copy of Remedial Investigation Report for Marrazzo’s Auto Service on 1538 S. Olden Avenue. 2m - State of New Jersey Department of Environmental Protection – enclosing a copy of Soil Remedial Investigation Report for Warren Street Coal Gas (PSE&G). 2n - State of New Jersey Department of Environmental Protection – enclosing a copy of Remedial investigation Work Plan for 201 Buckingham Avenue. 2o - State of New Jersey Department of Environmental Protection – enclosing a copy of No Further Action Letter & Convenant Not to Sue for Trenton Asp Princeton Outreach Project Inc. 2p - Excel Environmental Resources, Inc. - advising of Environmental services. 2q - City of Trenton Zoning Board Adjustment – enclosing a copy of Notice of Public Hearing. 2r - Mercer County Board of Chosen Freeholders – enclosing a copy of Adoption of Ordinance 2008-1. 2s - Delaware Valley Regional Planning Commission – enclosing a copy of adopted its FY 2009 Comprehensive Work Program. 2t - Lutheran Social Ministries of New Jersey – advising of scope services. 2u - New Jersey Water Supply Authority – enclosing a copy of Notice of Public Hearing. 2v - Civil Action (summons) – in the matter of Countrywide Home Loans, Inc. vs. Oscar Frank, et al. REPORTS: 3a - Juanita M. Joyner, Acting City Clerk – submitting money report for the month ending March 2008. 3b - Juanita M. Joyner, Acting City Clerk – advising that the following Raffle Applications have been approved as of April 17, 2008: Capital Rainbowfest Inc., P.O. Box 299, Trenton, NJ; We Are An Afrikan People Inc., P.O. Box 4553, Trenton, NJ. APPLICATIONS AND BONDS - None Submitted April 17, 2008 4 NEW BUSINESS: Motion was made by Ms. Lartigue, seconded by Mr. Segura, to adopt the following resolutions by a consent vote of City Council: Aye: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None 1. RESOLUTION NO. 08-164 - RESOLUTION GRANTING EXCLUSIVE DEVELOPMENT - RIGHTS TO HHG DEVELOPMENT ASSOCIATES, LLC FOR PROPERTIES WITHIN THE ROEBLING COMPLEX REDEVELOPMENT AREA. (Sponsored by Mr. Coston and Ms. Lartigue) 2. RESOLUTION NO. 08-165 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO IES INTERACTIVE TRAINING INC., 1229 OAK VALLEY DRIVE, ANN ARBOR, MICHIGAN 48108, FOR THE FURNISHING AND DELIVERY OF A FORCE AND FIREARMS TRAINING SIMULATOR FOR THE DEPARTMENT OF POLICE, in an amount not to exceed $63,815. (Sponsored by Mr. Segura) 3. RESOLUTION NO. 08-166 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO S. BATATA CONSTRUCTION, 11 JACKSON STREET, SUITE 2G, SOUTH RIVER, NEW JERSEY 08882 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, MATERIALS AND EQUIPMENT FOR CONTRACT 2007-3 – CURB AND SIDEWALK REPLACEMENT ALONG FISHER PLACE – WEST STATE STREET TO DEAD END FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $117,268. (Sponsored by Mr. Pintella) 4. RESOLUTION NO. 08-167 - RESOLUTION AUTHORIZING THE PURCHASE OF SWITCHES FOR A NEW VOICE OVER INTERNET PROTOCOL TELEPHONE SYSTEM FROM EPLUS TECHNOLOGY OF PA, INC., 4 CROSSROADS CENTER, SUITE 108, HAMILTON NEW JERSEY FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, for a total cost of $45,288. (Sponsored by Mr. Coston) April 17, 2008 5  5. RESOLUTION NO. 08-168 - RESOLUTION EXTENDING THE CONTRACT WITH ALL CLEAN BUILDING SERVICES, INC., 990 SPRUCE STREET, LAWRENCEVILLE, NEW JERSEY 08648 TO PROVIDE CLEANING SERVICES FOR THE WEST AND EAST POLICE DISTRICTS, in an amount not to exceed $26,316.50. (Sponsored by Ms. Lartigue) 6. RESOLUTION NO. 08-169 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO CAPITOL SUPPLY CONSTRUCTION PRODUCTS, INC., P.O. BOX 216, BALDWIN PLACE, NEW YORK 10505 FOR THE FURNISHING AND DELIVERY OF METROPOLITAN M-94 HYDRANTS FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $45,558.53. (Sponsored by Mr. Bethea) 7. RESOLUTION NO. 08-170 - 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 SEILER & DRURY ARCHITECTURE, 420 DEKALB STREET, NORRISTOWN, PA 19401 TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES TO DEVELOP A CONCEPTUAL PLAN FOR A CONSOLIDATED PUBLIC WORKS FACILITY AT THE FORMER KRAMER SITE LOCATED AT 637 NORTH OLDEN AVENUE FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $57,800. (Sponsored by Mr. Bethea) 8. RESOLUTION NO. 08-171 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO MALL CHEVROLET, INC., 75 HADDONFIELD ROAD, CHERRY HILL, NEW JERSEY 08002 FOR THE FURNISHING AND DELIVERY OF FOUR (4) 2008 MODEL CHEVROLET EXPRESS CARGO VANS AWD 1500 CH13405 FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $91,076. (Sponsored by Mr. Coston) 9. RESOLUTION NO. 08-172 - 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 CMX, 1101 LAUREL OAK ROAD, P.O. BOX 1346, VOORHEES, NEW JERSEY 08043 TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING AND CONSULTING SERVICES TO CONDUCT CHARACTERIZATION OF BUILDING MATERIAL AT THE SCARPATI SITE, 32-40 MULBERRY STREET FOR THE DEVELOPMENT OF HOUSING & ECONOMIC DEVELOPMENT, in an amount not to exceed $17,575.50. (Sponsored by Mr. Bethea) April 17, 2008 6  10. RESOLUTION NO. 08-173 - RESOLUTION AMENDING THE CONTRACT WITH J III ELECTRONICS, INC., 25359 MT. PLEASANT ROAD, COLUMBUS, NEW JERSEY 08022 TO PROVIDE ALARM, CLOSED CIRCUIT TV AND ACCESS CONTROL SYSTEMS INSTALLATION AND MAINTENANCE FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, in an amount not to exceed $80,000. (Sponsored by Mr. Segura) 11. RESOLUTION NO. 08-174 - RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $125,000 FROM THE STATE OF NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDING OF THE NEIGHBORHOOD PRESERVATION PROGRAM ANTI-GANG INITIATIVE, GREATER DONNELLY AREA (Sponsored by Ms. Staton and Messrs. Segura and Bethea) 12. RESOLUTION NO. 08-175 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH CARROLL DEMOLITION, LLC 4 YOUNGS ROAD, MERCERVILLE, NEW JERSEY 08619, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 31 FOUNTAIN AVENUE TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION, for the total amount of $22,780. (Sponsored b Mr. Bethea) 13. RESOLUTION NO. 08-176 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH EDGAR’S GENERAL CONTRACTOR INC., 411 ELMER STREET, TRENTON, NEW JERSEY 08611, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 325 MONMOUTH STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION, for the total amount of $19,800. (Sponsored by Mr. Bethea) 14. RESOLUTION NO. 08-177 -RESOLUTION CANCELING NON OCCUPANT OWNER LICENSE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Evelyn Ortiz, in the amount of $55. (Sponsored by Ms. Staton) 15. RESOLUTION NO. 08-178 - RESOLUTION CANCELING NON OCCUPANT OWNER LICENSE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Edward & Anita Jackowski, in the amount of $250. (Sponsored by Mr. Bethea) 16. RESOLUTION NO. 086-179 - RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE NO. # 1111-33-092-007, CARIDAD’S LLC, FOR 2007-2008 LICENSING TERM (Sponsored by Mr. Coston) April 17, 2008 7  17. RESOLUTION NO. 08-180 - RESOLUTION GRANTING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE # 1111-33-196-022 FOR 2007-2008 FOR ROSES CORNER INC. (Sponsored by Mr. Coston) 18. RESOLUTION NO. 08-181 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO SECURITY GUARD, INC., T/A TRI-COUNTY SECURITY, NJ, 189 CHESTNUT AVENUE, VINELAND, NJ 08360 TO PROVIDE ONE (1) ADULT CROSSING GUARD AT THE INTERSECTION OF LALOR STREET AND ROUTE 129 FOR THE DEPARTMENT OF POLICE, in an amount not to exceed $51,280.32. (Sponsored by Mr. Segura) 19. RESOLUTION NO. 08-182 - RESOLUTION ACCEPTING THE STATE LAW ENFORCEMENT OFFICERS TRAINING AND EQUIPMENT FUND (LEOTEF) ALLOCATION PROVIDED BY THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, POLICE TRAINING COMMISSION, CREATED BY THE LEGISLATURE UNDER THE PROVISIONS OF THE LAW ENFORCEMENT OFFICERS’ PROTECTION ACT (P.L. 1996, C.115), in the amount of $12,650. (Sponsored by Mr. Segura) 20. RESOLUTION NO. 08-183 - RESOLUTION AUTHORIZING APPLICATION FOR THE FY 2008 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. (Sponsored by Ms. Lartigue) 21. RESOLUTION NO. 08-184 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR A GRANT OF UP TO $75,000 FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS TO CARRY OUT ACTIVITIES RELATED TO THE DEVELOPMENT OF A NEIGHBORHOOD PLAN FOR THE AREA AROUND CAPITAL HEALTH SYSTEM MERCER CAMPUS. (Sponsored by Ms. Lartigue and Ms. Staton) April 17, 2008 8 FIRST READING OF THE FOLLOWING ORDINANCES: Motion was made by Ms. Lartigue, seconded by Mr. Bethea, to WITHDRAW the following ordinance, which motion was carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None ORDINANCE AUTHORIZING THE SALE OF CITY-OWNED PROPERTIES TO TRENTON CITYHOME CORPORATION, INC. PURSUANT TO N.J.S.A. 40A:12- 21(j). (457, 509, 529, 794, 796, 833 Stuyvesant Avenue) Ms. Lartigue introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND PATRICIA WILLIAMS FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”. The motion was seconded by Ms. Staton, and carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Mr. Bethea introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN THE CENTRAL WEST REDEVELOPMENT AREA KNOWN AT 320 SPRING STREET, BLOCK 2502, LOT 2 FROM THE RESIDENCE, INC”. The motion was seconded by Mr. Segura, and carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Ms. Staton introduced, presented and authorized publication of an ordinance entitled “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”. The motion was seconded by Mr. Segura, and carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None April 17, 2008 9  Mr. Bethea introduced, presented and authorized publication of an ordinance entitled “ORDINANCE APPROVING AMENDMENTS TO THE TRENTON STATION REDEVELOPMENT AREA PLAN”. The motion was seconded by Mr. Melone, and carried by the following vote: Ayes: Messrs. Bethea, Coston and Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Abstained: Ms. Lartigue Ms. Lartigue advised the Department of Housing and Economic Development that in the future, amendments to redevelopment areas must explain in detail the changes at the beginning of the resolution. The following resolution was introduced as a late entry: RESOLUTION NO. 08-85 - RESOLUTION AMENDING THE 2007-2008 ANNUAL NOTICE OF MEETINGS FOR TRENTON CITY COUNCIL WHICH WAS ADOPTED BY RESOLUTION 07-316. Motion was made by Mr. Coston, seconded by Mr. Segura, to adopt the above resolution, which motion carried with the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None PUBLIC PRESENTATIONS: Patricia Stewart, 679 Lamberton Street, spoke against K. Hovanian. Rafael Valentin, 225 Kensington Avenue, spoke regarding the lack of Latinos on the Boards and Commissions in the City of Trenton. Antoinette Shelton, 74 Highland Avenue, referred to an article in the newspaper regarding K. Hovanian. Ed Shelton, 74 Highland Avenue, spoke against K. Hovanian redeveloping the Champale site. Dion Clark, 323 Walnut Avenue, thanked Director Eric Jackson and his crew for cleaning up the lot across from PJ Hill school; questioned how often the Housing Inspectors inspect properties; questioned if PSE&G notified the Division of Inspections of electrical shut offs. Director of Inspections, Leonard Pucciatti, informed Council that PSE&G does notify the City of electrical shut offs. April 17, 2008 10  Mr. Melone requested a letter to be sent to PSE&G on behalf of City Council requesting that the Division of Inspections be notified of electrical shut offs. Paul Harris, 137 Centre Street, informed that the Trenton Train Station is open, and suggested City Council members take a tour. Melvin Kelly, 135 W. Ingram Avenue, asked if there was a City evacuation plan in place. Ms. Lartigue stated that a evacuation plan is State mandated. Donald Brokate, 104 Cornwall Avenue, spoke against the demolition of Victorian homes on Greenwood Avenue, and to further redevelopment within theTrain Station Area. There being no further business, the meeting adjourned at 6:55 pm. Respectfully submitted, _________________ ___________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk April 17, 2008 11