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City Council

Regular Meeting

Trenton, NJ · October 21, 2008

AgendaMinutes

Minutes

COUNCIL CONFERENCE MEETING MINUTES OCTOBER 21, 2008 CITY HALL – 5:00 PM A Conference Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:10 p.m. in the Council Conference Room, City Hall. The meeting was called to order by Council President Paul M. Pintella. Council President announced that adequate public notice had been provided to the public specifying the time and place for this meeting in accordance with the Open Public Meeting Act. FY 2008-2009 annual notice was mailed to the Times and the Trentonian Newspapers, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on June 19, 2008 by Resolution No. 08-341. The agenda for this meeting was mailed, posted and filed on October 17, 2008. ROLL CALL: PRESENT: Mr. Coston, Ms. Lartigue, Messrs. Melone, Segura, Ms. Staton (arrived at 5:15 pm), Mr. Pintella – 6 ABSENT: Mr. Bethea – 1 PRESENTATION: Review of Fiscal Year 2007 Audit Review Appearance: Eugene Elias, Mercadien Partner Warren Broudy, Mercadien Partner Mr. Eugene Elias, Partner with the accounting firm Mercadien thanked City Council for the opportunity to make a presentation on the Audit for 2007. He stated that Mr. Warren Broudy would be making the presentation. Mr. Warren Broudy, stated that he was pleased to report that there was a Clean or Unqualified Opinion on the financial statements and on compliance. It is the highest level of auditing assurance. He stated that the Current Fund surplus was reduced by approximately three million dollars from last year. Last year’s beginning balance was 7.335 million. The City’s ending surplus was 4.15 million dollars as of June 30, 2007. Ten million dollars was transferred to Current Funds from the Utility Operation Funds, which includes the Water, Sewer and Parking. There was a deferred State Aide of 16.5 million dollars from 2002 that the State of New Jersey never paid. The Budget was adopted including the 16.5 million. The City believed the 16.5 million dollars was being paid at the end of each year. The City has been including this money in the current budget. The State has not paid this money, the City has to write it off at 1.5 million dollars a year for eleven (11) years. Mr. Broudy also stated that the tax collection rate has gone up to 98.07%, which is higher than last year of 97.85%. City Council Conference: Minutes October 21, 2008 1 Mr. Elias spoke on the Audit report which included the following: • Various grants through the State, Local and County that the City might not collect • Lack of control from payroll records • Fixed Assets (Equipment and property owned by the City should be updated and accounted for) • State Awards Grants • Federal Clearing House report was not filed • Dog license report not filed in a timely manner • State Aid Funding not received • Over expenditure of the Current Funds Budget A detailed discussion was followed by a question and answer period. EXECUTIVE SESSION: (Council went into Executive Session at 5:47 pm) Adoption of the following resolution to go into Executive Session was moved by Councilman Coston, seconded by Councilman Melone and carried with the following vote of Council: AYES: Mr. Coston, Mrs. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella – 6. ABSENT: Mr. Bethea – 1 RESOLUTION AUTHORIZING EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF TRENTON TO ALLOW DISCUSSIONS REGARDING CONTRACT NEGOTIATIONS AND PENDING LITIGATION WHEREAS, the City Council deems it necessary and essential to conduct discussions concerning contract negotiations and pending litigation; and WHEREAS, the public disclosure of such discussion will be contrary to the interest of the City of Trenton and will not permit the fullest view of said matters. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Trenton that discussions be held on October 21, 2008 at or about 5:00 p.m., in the Council Conference Room at which session the public will be excluded pending the discussion of said matters only. The public shall be informed of the determination of the City Council with respect to the final disposition of said pending proceedings, which final disposition shall be memorialized appropriately and adopted at a public meeting as soon as practicable. Council reconvened in open session at 7:45 p.m. City Council Conference: Minutes October 21, 2008 2 Councilman Melone left at 6:30 pm while in Executive Session. DOCKET REVIEW: Appearance: Renee Haynes, Chief of Staff Jane Feigenbaum, Business Administrator Council reviewed the docket items. Motion was made by Councilman Coston that all Communications, Petitions and Reports be accepted and referred, by a consent vote of City Council, seconded by Councilwoman Staton and carried by City Council unanimous vote: 2. COMMUNICATIONS AND PETITIONS 2a - Civil Action (summons) – in the matter of John A. Donahue, Lisa James, Kevin Seabridge, Scott Yakimo, Robert Baxter, Jr., Renee Inverso, Mark Phillips and Christa Romeo vs. City of Trenton, City of Trenton Police Department, Irving Bradley, Jr., Talea Woods. 2b - Civil Action – in the matter of Life Center Academy vs. Willie Mae Jackson, et al. 2c - Ernestine Massey, 63 Jersey Street, Trenton - submitting Claim for Damages against the City of Trenton. (personal injury) 2d - Diane Heath, 27 Heritage Court, Ewing – submitting Claim for Damages against the City of Trenton. (property damage) 2e - Vincenzina (Gina) Martorana, 9 Pioneer Court, West Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2f - Kathy C. Wallace, 8 Pioneer Court, Ewing – submitting Claim for Damages against the City of Trenton. (property damage) 2g - Joanne and Charles Moon, 7 Pioneer Court, Ewing – submitting Claim for Damages against the City of Trenton. (property damage) 2h - Christopher T. Mackin, 6 Pioneer Court, Ewing – submitting Claim for Damages against the City of Trenton. (property damage) 2i - Daniel Eugene English, 447 North Montgomery Street, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury and property damage) 2j - Kyra Butler, 462 Cleveland Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) City Council Conference: Minutes October 21, 2008 3 2k - Robert J. Britting, 1 Pioneer Court, Ewing – submitting Claim for Damages against the City of Trenton. (property damage) 2l - Edward J. Leon, 410 S. Olden Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2m - Civil Action (summons) – in the matter of Bank of America, N.A. vs. Deo R. Freeman, Yardville National Bank, Jackson Capital Inc., Slomins, Inc., City of Trenton and Isles, Inc., et als. 2n - Raheen M. Nock, 61 E. Paul Avenue, Apt. A, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2o - Civil Action – in the matter of Wachovia Bak Cust, Plymouth Park Tax Services, LLC vs. Darlene M. Wright, et als. 2p - Civil Action (summons) – in the matter of Floyd and Patricia Needham vs. City of Trenton, et als. 2q - Civil Action (summons) – in the matter of Emily Dooling and Margaret Wilkes vs. Office of Vital Statistics. 2r - Civil Action (summons) – in the matter of Gregory J. Forester, William Kearney, Jr., Joseph A. Harrison, James Fouse, Frederick Constanzo vs. the City of Trenton and Irving Bradley. 2s - Comcast – informing that they are adjusting their prices as of November 2008. 2t - Hamilton Township Office of the Municipal Clerk - advising of first reading of ordinance 08-063 entitled “Ordinance Amending and Supplementing The Code of Ordinances, Hamilton Township, New Jersey, Chapter 160 Land Development, Article VIII, Fees, Guaranties and Inspections: Off-Tract Improvements, Section 160-253, Fees (Driveway Installation Permits) 2u - Mercer County Board of Chosen Freeholders – enclosing copy of a transcript of the public meeting held on September 11, 2008. 2v - Innovative Environmental Consultants, Inc. – submitting Final Closure Report Addendum to the New Jersey Department of Environmental Protection on behalf of Waters & Bugbee, Inc. 2w - Mercer County Board of Chosen Freeholders – enclosing copies of Ordinance No. 2008-5, 2008-6, 2008-7, 2008-8 and 2009-9 which were adopted on September 11 and 25, 2008. City Council Conference: Minutes October 21, 2008 4 2x - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination (Offer in Lieu of Suspension and Days Held in Abeyance) for Johnson Restaurant Services, Inc. 2x - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination (Offer in Lieu of Suspension) and Notice of Disposition of Prima Facie Contraband for All Star Liquors, Inc. 2y - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination (Offer in Lieu of Suspension) and Notice of Disposition of Prima Facie Contraband for T-Kat, Inc. 2z - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination (Offer in Lieu of Suspension) and Notice of Disposition of Prima Facie Contraband for Vega Star Realty, Inc. 2aa - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Final Determination (Offer in Lieu of Suspension and Days Held in Abeyance) for District Property Inc. 2bb - New Jersey Department of Environmental Protection – submitting copy of letter regarding Remedial Investigation Work Plan for Former Sunoco Station, 305 North Broad Street, Trenton, New Jersey. 2cc - New Jersey Department of Environmental Protection – submitting copy of letter regarding Remedial Action Workplan for R.E. Michel Co., 825-835 New York Avenue, Trenton, New Jersey. 2dd - Annual Debt Statement for 2008. 3. REPORTS 3a - Juanita M. Joyner, Acting City Clerk – submitting report of receipts of the City Clerk’s Office for the month ending September 30, 2008. Total amount received for September - $3,713.67. 3b – Juanita M. Joyner, Acting City Clerk – advising that the following raffle application has been approved as of October 21, 2008: Knights of Columbus, 200 Columbus Avenue, P.O. Box 3606, Trenton, New Jersey. 3c - Carolyn Lewis-Spruill, Director of Health and Human Services – submitting 2007 Trenton Annual Health Report. 4. APPLICATIONS AND BONDS – None Submitted. City Council Conference: Minutes October 21, 2008 5 5. ADOPTION OF RESOLUTIONS: Motion was made by Councilwoman Staton to adopt by consent vote, resolutions 5ar – 5sr with the exception of resolutions 5gr, 5mr and 5pr which will require a roll call vote, motion was seconded by Councilman Segura: Ayes: Mr. Coston, Mrs. Lartigue, Mr. Segura, Ms. Staton and Mr. Pintella Absent: Messrs. Bethea, Melone 1. RESOLUTION NO. 08-595 - RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE FOR VEGA STAR REALITY, INC., T/A CLINT MOTT CAFÉ FOR THE 2008-2009 LICENSING PERIOD. (620 S. Clinton Avenue) (Sponsored by Mr. Coston) 2. RESOLUTION NO. 08-596 - RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE FOR JOHN-DON, INC., T/A SOHO FOR THE 2008-2009 LICENSING PERIOD. (142 Mott Street) (Sponsored by Mr. Coston) 3. RESOLUTION NO. 08-597 - RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE FOR MARK VII, INC. T/A CLUB XL FOR THE 2008-2009 LICENSING PERIOD. (Sponsored by Ms. Staton) 4. RESOLUTION NO. 08-598 - RESOLUTION AUTHORIZING THE PURCHASE OF DIESEL FUEL, LOW SULFUR AND WINTER MIX AS NEEDED FOR THE VARIOUS DIVISIONS OF THE CITY OF TRENTON, IN CONJUNCTION WITH THE COUNTY OF MERCER COOPERATIVE PRICING AGREEMENT. (In an amount not to exceed $115,820.31) (Sponsored by Mrs. Lartigue) 5. RESOLUTION NO. 08-599 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO LENORE HANNAH, 121 PINEWOOD CIRCLE, NEW HOPE, PA TO PROVIDE PROSECUTORIAL SERVICES IN TRENTON MUNICIPAL COURT 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 $20,000) (Sponsored by Mr. Coston) 6. RESOLUTION NO. 08-600 - RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO W. REED GUSCIORA, 321 WEST STATE STREET, TRENTON, NEW JERSEY TO PROVIDE PROSECUTORIAL SERVICES IN TRENTON MUNICIPAL COURT 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 $10,000) (Sponsored by Mr. Coston) 7. RESOLUTION NO. 08-601 - RESOLUTION AUTHORIZING CHANGE ORDER NUMBER ONE TO THE CONTRACT WITH STATEWIDE FIRE RESTORATION TO PROVIDE FOR STRUCTURAL REPAIRS TO THE ALEXANDER DOUGLASS HOUSE. (In the amount of $11,840) (Sponsored by Mr. Coston) City Council Conference: Minutes October 21, 2008 6 8. RESOLUTION NO. 08-602 - RESOLUTION AUTHORIZING THE ACCEPTANCE OF A MEMORANDUM OF UNDERSTANDING FOR FISCAL YEAR 2009, BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES MARSHALL SERVICE AND THE CITY OF TRENTON, NEW JERSEY POLICE DEPARTMENT, TO PROVIDE FUNDING FOR THE REGIONAL FUGITIVE TASK FORCE. (Sponsored by Mrs. Lartigue) 9. RESOLUTION NO. 08-603 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO SEEK UP TO $172,603 FROM THE NEW JERSEY URBAN ENTERPRISE ZONE AUTHORITY FOR MUNICIPAL SERVICES FOR PARTIAL FUNDING OF SALARIES AND FRINGE BENEFITS FOR THREE POLICE OFFICES (PHASE VI) (Sponsored by Mr. Segura) 10. RESOLUTION NO. 08-604 - RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $150,000 UNDER THE COUNTY OF MERCER MUNICIPAL ASSISTANT PROGRAM TO CONSTRUCT A NEW PARK AT THE CORNER OF NORTH MONTGOMERY AND FEEDER STREETS. (Sponsored by Mr. Coston) 11. RESOLUTION NO. 08-605 - RESOLUTION AMENDING THE CITY OF TRENTON 2006 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN WHICH WAS ADOPTED BY RESOLUTION 06-306. (Sponsored by Mr. Coston) 12. RESOLUTION NO. 08-606 - RESOLUTION DESIGNATING GLOBAL PRO PAINTING AS DEVELOPER AND AUTHORIZING A COMMITMENT OF FUNDS IN THE AMOUNT OF $54,775 FROM FY 2007 CAPITAL FUND FOR THE EWING/CARROLL STREET FAÇADE IMPROVEMENT PROJECT. (Sponsored by Mr. Coston) 13. RESOLUTION NO. 08-607 - RESOLUTION IN SUPPORT OF THE PROPOSED EXTENSION OF THE NORTHERN AND SOUTHERN ENDPOINTS OF THE DELAWARE RIVER SCENIC BYWAY AND FOR FEDERAL DESIGNATION OF THE EXTENDED BYWAY UNDER THE NATIONAL SCENIC BYWAYS PROGRAM. (Sponsored by Mrs. Lartigue) 14. RESOLUTION NO. 08-608 - 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) 15. RESOLUTION NO. 08-609 - RESOLUTION AUTHORIZING A COMMITMENT OF REGIONAL CONTRIBUTION AGREEMENT FUNDS IN THE AMOUNT OF $923,263.61 FOR THE TRENTON REHABILITATION PILOT PROGRAM. (Sponsored by Ms. Staton) 16. RESOLUTION NO. 08-610 - RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $460,589 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION FOR THE CITY OF TRENTON YOUTHSTAT PROGRAM. (Sponsored by Ms. Staton) City Council Conference: Minutes October 21, 2008 7 PUBLIC COMMENTS: Paul Harris, 137 Centre Street – Asked if there was a digital copy of the Audit; wanted to know if Resolution 5sr was for the grant Mr. Colicelli was working on; does the City issue revenue notes for payroll and other expenses. Bea Perry, 26 Sylvester Avenue – Thanked everyone that participated in the neighborhood clean up and the Sanitation Department for the excellent service they have provided the neighborhood; database setup for cleaning needs information; City should make sure leaves are picked up. Monroe Laremore, 1446 Stuyvesant Avenue – Spoke regarding providing help for the homeless, the City should look into fixing 36 Southard Street for homeless individuals; Juvenile Justice Delinquency Prevention Program - what is being done with the money to help? CIVIC MATTERS: Councilwoman Lartigue – 1. Asked for a weekly update on the Library Audit. 2. Announced that there would be a fund raiser for the Trenton Public Library on November 12, 2008 at the Marriot. 3. Shared Services - is there a meeting scheduled? Councilman Coston – 1. Asked Mr. Andrew Carten, Department of Housing and Economic Development, for an update on the Renaissance Project. 2. Asked for a break down on the Jazz Festival revenue and expenditure for this year. The meeting adjourned at 9:03 p.m. Respectfully submitted ___________________________ __________________________ PAUL M. PINTELLA JUANITA M. JOYNER CITY COUNCIL PRESIDENT ACTING CITY CLERK City Council Conference: Minutes October 21, 2008 8

Agenda

OFFICE OF THE CITY CLERK Juanita M. Joyner Acting City Clerk CITY COUNCIL CONFERENCE MEETING CITY HALL, 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, OCTOBER 21, 2008, AT 5:00 P.M. AGENDA In compliance with the Open Public Meetings Act of the State of New Jersey, adequate notice of this meeting has been provided to the public specifying the time and place of this meeting. The FY 2008 Annual Notice was adopted by Trenton City Council by Resolution No. 08-341 on June 19, 2008. The agenda for this meeting was mailed to the Trenton Times and the Trentonian Newspapers, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on October 17, 2008. (N.J.S.A. 10:1 et seq.) I. CALL TO ORDER II. ROLL CALL III. PRESENTATIONS Subject: Review of Fiscal Year 2007 Audit Review Appearance: Eugene Elias, Mercadien Warren Broudy, Mercadien IV. DOCKET REVIEW/ACTION Appearance: Renee Haynes, Chief of Staff Jane Feigenbaum, Business Administrator V. PUBLIC COMMENTS VI. CIVIC MATTERS VII. ADJOURN FORMAL ACTION MAY BE TAKEN AT THIS MEETING

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