City Council

CITY COUNCIL REGULAR MEETING MINUTES May 22, 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 5:43 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 May 16, 2008. ROLL CALL: Present: Messrs. Bethea and 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. President Pintella asked for a moment of silence in remembrance of the passing of Louise Broach and Ernest Hughes. Motion was made by Mr. Melone, seconded by Mr. Segura, that the minutes of the City Council meetings held on April 29 and May 6, 2008, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Council members present. UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCES: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND MIGUEL VEGA FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”, 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. Pintella, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None City Council Public Meeting Minutes May 22, 2008 1  Council President Pintella declared open a public hearing on an ordinance entitled: “ORDINANCE AUTHORIZING THE EXECUTION OF A DISPOSITION AGREEMENT AND THE SALE OF PROPERTY TO THE ASHLEY CONSULTING GROUP, 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 Ms. Lartigue, seconded by Mr. Pintella, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled: “ORDINANCE OF THE CITY OF TRENTON APPROVING THE AMENDMENTS TO THE BOUNDARIES AND LANGUAGE OF THE CENTER CITY SOUTH REDEVELOPMENT AREA PLAN”, 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 and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled: “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND EVA CORDERO FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”, 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 and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled: “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND WILLIE M. YOUNG FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”, and asked if anyone wished to speak to the subject. City Council Public Meeting Minutes May 22, 2008 2  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. Segura, and carried by the following vote of Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Council President Pintella declared open a public hearing on an ordinance entitled: “ORDINANCE AUTHORIZING THE EXECUTION OF A DISPOSITION AGREEMENT AND THE SALE OF CITY-OWNED PROPERTIES TO VISTA CENTER DEVELOPMENT, 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. Pintella, seconded by Ms. Staton, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, and Melone and Segura, Ms. Staton and Mr. Pintella Nays: Ms. Lartigue Council President Pintella declared open a public hearing on 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)”, 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 and Coston, Ms. Lartigue, Messrs. Melone, Segura and Pintella Nays: None Abstained: Ms. Staton COMMUNICATIONS AND PETITIONS: 2a - Nichole E. Towns, 818 Pennington Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2b - Stephanie Ryan, 400 Brielle Avenue, Brielle, NJ – submitting amended Claim for Damages against the City of Trenton. (personal injury) 2c - Robert Howard, 22 Tyrell Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2d - Civil Action (summons) – in the matter of Deutsche Bank National Trust vs. Jason Lewis, et als. City Council Public Meeting Minutes May 22, 2008 3 2e - Civil Action (summons) – in the matter of Camiros, LTD vs. City of Trenton. 2f - Civil Action (summons) – in the matter of Lasalle Bank National vs. Christopher Adams, et al. 2g - Civil Action (summons) - in the matter of Wells Fargo Bank, NA vs. Brain Flaherty, et al. 2h - New Jersey Department of Environmental Protection – advising that the East Trenton Public Library/Samuel Dickenson House entered the National Register of Historic Places. 2i - New Jersey Department of Environmental Protection – submitting copy of No Further Action Letter and Covenant Not to Sue issued to Oil Underground Storage Tank System for 102 Extonville Road, Trenton. 2j - New Jersey Department of Environmental Protection – submitting copy of letter regarding the 2005 Statewide Livable Communities Grant for the project entitled “Restoration of the Historic Mill Hill Park”. 2k - New Jersey Division of Alcoholic Beverage Control – submitting copy of Notice of Charges preferred against Fralmer Inc., holder of Plenary Retail Consumption License #1111-33-090-004. 2l - Delaware Valley Regional Planning Commission – advising of FY2009-2012 New Jersey Transportation Improvements Program. 2m - New Jersey Department of Transportation – submitting New Jersey Department of Transportation Resolution, Application, and Agreement for State Aid to Counties and Municipalities. 2n - Budd Larner, Counselors at Law – submitting a copy of the Construction Lien Claims regarding Trenton Town Center. 2o - NJ Transit – submitting request for additional bus stops. 2p - New Jersey Department of Environmental Protection – enclosing a copy of No Further Action Letter and Covenant Not to Sue for Lead Contaminated Soils. 2q - City of Trenton, Planning Board – advising of Public Hearing on May 22, 2008. 2r - New Jersey Department of Community Affairs – enclosing a copy of Local Finance Board Resolution adopted February 13, 2008. 2s - NJ Transit – enclosing a copy of Public Hearing Notice. City Council Public Meeting Minutes May 22, 2008 4 REPORTS: 3a - Juanita M. Joyner, Acting City Clerk – advising that the following Raffles Application has been approved as of May 22, 2008: Holy Cross Post 417 Catholic War Veteran, 301 Grand Street, Trenton, NJ 08611; North Trenton Little League, P.O. Box 1373, Trenton, NJ 08606 3b - Juanita M. Joyner, Acting City Clerk – submitting money report for the month ending April, 2008. APPLICATIONS AND BONDS: None submitted 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. 08-243 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO STATEWIDE FIRE RESTORATION, INC., 2151 BROOKFIELD STREET, VINELAND, NEW JERSEY 08361, FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR PHASE I: EXTERIOR RESTORATION OF THE ALEXANDER DOUGLASS HOUSE FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES & CULTURE, DIVISION OF CULTURE, in an amount not to exceed $235,000. (Sponsored by Mr. Bethea) 2. RESOLUTION NO. 08-244 - RESOLUTION AUTHORIZING TRANSFERS TO BE MADE BY THE DIRECTOR OF FINANCE OF THE FY 2008 APPROPRIATIONS. (Sponsored by Ms. Staton and Mr. Segura) 3. RESOLUTION NO. 08-245 - RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF A MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) (N.J.D.H.S.S. – 2008 Pandemic Influenza Preparedness - $13,234) (Sponsored by Mr. Coston) 4. RESOLUTION NO. 08-246 - RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF A MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) (County of Mercer – Services for the Elderly - $55,000) (Sponsored by Ms. Staton and Mr. Melone) City Council Public Meeting Minutes May 22, 2008 5  5. RESOLUTION NO. 08-247 - RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF A MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) (County of Mercer – Department of Human Services – Title XX - $173,532) (Sponsored by Mr. Melone and Ms. Staton) 6 RESOLUTION NO. 08-248 - RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF A MUNICIPALITY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948) (NJDOT – Route 29 Safety Improvements - $25,500) (Sponsored by Ms. Staton and Mr. Segura) 7. RESOLUTION NO. 08-249 - RESOLUTION RESCINDING RESOLUTION NUMBER 07-176 THAT AWARDED A CONTRACT TO CAMPBELL SUPPLY COMPANY, LLC, 145 TALMADGE ROAD, SUITE 8, P.O. BOX 266, EDISON, NEW JERSEY 08818-0266 FOR THE FURNISHING AND DELIVERY OF ONE (1) EACH 2007 PUMPER APPARATUS WITH 54 FOOT BOOM FOR THE DEPARTMENT OF FIRE. (Sponsored by Mr. Melone) 8. RESOLUTION NO. 08-250 - 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, INC., JUSTIN CORPORATE CENTER, 200 STATE HIGHWAY NINE, P.O. BOX 900, MANALAPAN, NEW JERSEY 07726-0900, TO PROVIDE PROFESSIONAL ENGINEERING CONSTRUCTION OVERSIGHT (ROAD RELOCATION AND LINEAR PARK CONSTRUCTION – ENTERPRISE AVENUE INDUSTRIAL PARK) FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT, in an amount not to exceed $96,000. (Sponsored by Mr. Bethea) 9. RESOLUTION NO. 08-251 - 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 PRINCIPAL DECISION SYSTEMS INTERNATIONAL (PDSI), 50 CORPORATE PARK, IRVINE, CALIFORNIA 92606 TO PROVIDE TELESTAFF ANNUAL SERVICE AND SUPPORT AND WEBSTAFF USAGE FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, in an amount not to exceed $27,199. (Sponsored by Mr. Segura) City Council Public Meeting Minutes May 22, 2008 6  10. RESOLUTION NO. 08-252 -RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO FREEHOLD CARTAGE, INC., 825 HIGHWAY 33, P.O. BOX 5010, FREEHOLD, NEW JERSEY 07728 TO PROVIDE DAILY REMOVAL AND DISPOSAL OF LIQUID SLUDGE FROM THE DIGESTER TANKS AT THE SEWER UTILITY LOCATED AT 1502 LAMBERTON ROAD, TRENTON, NEW JERSEY, in an amount not to exceed $1,004,640. (Sponsored by Mr. Coston) 11. RESOLUTION NO. 08-253 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO AQUA PRO-TECH LABORATORIES, INC., 1275 BLOOMFIELD AVENUE, BUILDING 6, FAIRFIELD, NEW JERSEY 07004 TO PROVIDE LABORATORY ANALYSIS FOR THE DEPARTMENT OF PUBLIC WORKS, SEWER UTILITY, in an amount not to exceed $14,866. (Sponsored by Mr. Bethea) 12. RESOLUTION NO. 08-254 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KUEHNE COMPANY, 86 NORTH HACKENSACK AVENUE, SOUTH KEARNY, NEW JERSEY 07032-4675 FOR THE FURNISHING AND DELIVERY OF SODIUM HYPOCHLORITE SOLUTION AS NEEDED FOR THE DEPARTMENT OF PUBLIC WORKS, SEWER UTILITY, in an amount not to exceed $74,587.50. (Sponsored by Mr. Bethea) 13. RESOLUTION NO. 08-256 - RESOLUTION APPROVING THE ADMINISTRATIVE PLAN AND PROCEDURES MANUAL FOR THE NEIGHBORHOOD HOUSING REHABILITATION PROGRAM (NHRP) (Sponsored by Ms. Staton and Mr. Segura) 14. RESOLUTION NO. 08-257 - RESOLUTION AUTHORIZING AN APPLICATION FOR A GRANT FROM THE NEW JERSEY STATE DEPARTMENT OF AGRICULTURE FOR THE FY 2009 SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (Sponsored by Ms. Lartigue) 15. RESOLUTION NO. 08-258 -RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD STREET, HAMILTON, NEW JERSEY 08619 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE ALLEVIATION OF THE EXTRAORDINARY INCREASE OF CUSTOMER SERVICE LEAKS. (Sponsored by Mr. Segura) 16. RESOLUTION NO. 08-259 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY AND ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES TO PARTICIPATE IN A STATE-WIDE INITIATIVE TO FURTHER ENHANCE PANDEMIC INFLUENZA AND ALL HAZARDS PLANNING. (Sponsored by Mr. Segura) City Council Public Meeting Minutes May 22, 2008 7  17. RESOLUTION NO. 08-260 -RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT AWARD FROM THE SUSAN G. KOMEN FOR THE CURE FOR THE FINANCIAL SUPPORT OF THE AGING AND LEARNING BREAST HEALTH AWARENESS PROGRAM. (Sponsored by Ms. Staton and Ms. Lartigue) 18. RESOLUTION NO. 08-261 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH SCC CONTRACTORS, LLC, 57 MAPLE AVENUE, WEST PATERSON, NEW JERSEY, 08619, WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE DEMOLITION OF 48 EWING STREET TO ALLEVIATE A DANGEROUS AND HAZARDOUS CONDITION. (Sponsored by Mr. Bethea) 19. RESOLUTION NO. 08-262 - RESOLUTION HONORING DETECTIVE ARMESTEAD ROBINSON, JR. (Sponsored by Mr. Pintella) Motion was made by Mr. Melone, seconded by Mr. Segura, to ROLL CALL the following resolution which motion carried by unanimous vote of those Council members present. RESOLUTION NO. 08-242 ½ - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO LAWMEN SUPPLY COMPANY OF NEW JERSEY, INC., 5521 WHITE HORSE PIKE, EGG HARBOR CITY, NEW JERSEY 08215-9510 FOR THE FURNISHING AND DELIVERY OF 425 SPRINGFIELD HAND GUNS WITH ACCESSORIES FOR THE DEPARTMENT OF POLICE , in an amount not to exceed $199,660.25. (Sponsored by Ms. Staton) Ms. Lartigue had several questions concerning the above resolution, to which Director Feigenbaum explained the bidding process, and the reasoning behind the purchasing of the new guns. Joseph Alacqua, Special Counsel, also explained the bidding process to City Council. Said resolution was LOST with the following vote of City Council: Ayes: Ms. Lartigue, Ms. Staton and Mr. Pintella Nays: Messrs. Bethea, Coston, Melone and Segura City Council Public Meeting Minutes May 22, 2008 8  RESOLUTION NO. 08-255 - RESOLUTION AUTHORIZING CHANGE ORDER #1 TO A CONTRACT WITH CAP SERVICES, INC., LOCATED AT 81 HECKEL STREET, BELLEVILLE, NEW JERSEY, 07109 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE DEMOLITION, SITE CLEARANCE AND ASBESTOS REMOVAL AT 891-925 EAST STATE STREET, TRENTON, NJ FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT. (Sponsored by Mr. Melone) Ms. Lartigue questioned the percentage of the change order. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None FIRST READING OF THE FOLLOWING ORDINANCES: Ms. Lartigue introduced, presented and authorized publication of an ordinance entitled “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARIES THEREFORE, AND SETTING FORTH CERTAIN TERMS FOR THE IMPLEMENTATION OF A CONTRACT WITH AFSCME LOCAL 2286”. The motion was seconded by Ms. Staton. 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 OF THE CITY COUNCIL OF THE CITY OF TRENTON APPROVING THE AMENDMENTS TO THE LAMBERTON STREET REDEVELOPMENT AREA PLAN”. The motion was seconded by Mr. Segura. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Ms. Lartigue introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AUTHORIZING A LEASE BETWEEN THE CITY OF TRENTON AND LORPUE SUAH FOR THE USE OF VACANT CITY-OWNED PROPERTY FOR GARDENING”. The motion was seconded by Mr. Segura. Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None City Council Public Meeting Minutes May 22, 2008 9 PUBLIC PRESENTATIONS: Melvin Kelly, 135 W. Ingham Avenue, feels there is too much crime in the City of Trenton. Antoinette Shelton, 74 Highland Avenue, requested an update on the Champale Site. She would also like to know how much money was spent on the Delaware Inn. Mr. Pintella explained that Ms. Shelton would have to file an OPRA request to find out the amount of money that has been spent on the Delaware Inn. Also, the City does wish to have the Champale Site redeveloped. Ms. Coston requested to have a report as to how much money has been spent on the Delaware Site. And informed Ms. Shelton that K. Hovanian has not been given site control, which means they have not had the ability to do any redeveloping. James Fouse, 13 Covell Avenue, expressed his concern with the crime in the City, and feels that it is the parents’ responsibility. He also feels that the State Police should patrol the streets. Mr. Melone also supports having the State Police patrol the city streets. Patricia Stewart, 679 Lamberton Street, reiterated what Mr. Fouse said. She also congratulated Mr. Bethea on his chess club. Mr. Pintella responded by saying that he agrees, it does begin with the parents. Dion Clark, 323 Walnut Avenue, questioned the lack of police presence on Walnut Avenue. Maurice Larimore, 1446 Stuyvesant Avenue, feels that a lot of the problems start in the home. There being no further business, the meeting adjourned at 6:36 p.m. Respectfully submitted, ___________________ _____________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk City Council Public Meeting Minutes May 22, 2008 10