City Council

CITY COUNCIL CONFERENCE AND REGULAR MEETING MINUTES January 8, 2009 Trenton Council Chamber 1:00 p.m. A Joint Conference and Regular Public Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 1:32 p.m., in the City Council Conference Room, City Hall, 319 East State Street, Trenton, New Jersey. The meeting was called to order by Vice President Cordelia M. Staton, who 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 Meetings Act. The FY 2008 annual notice was adopted by Trenton City Council by Resolution No. 08-341 on June 19, 2008. The agenda for the said meeting was mailed, posted and filed on January 7, 2009. ROLL CALL: Present: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Absent: None Mr. Pintella welcomed Mr. Meir Rinde as covering reporter for the Trenton Times. PROPOSED CONTRACT WITH NJ AMERICAN WATER COMPANY Appearance: Edward DeHope, Riker Danzig Scherer Hyland Perretti Edward McManimon, McManimon & Scotland, LLC Dennis Gonzalez, Acting Business Administrator, informed City Council that the discussion would not take place as all of the documents were not ready to be presented. A discussion was held regarding how the impact of the sale of the infrastructure would effect the budget. City Council Meeting Minutes January 8, 2009 1 EXECUTIVE SESSION: (City Council went into Executive Session at 1:56 p.m.) Adoption of the following resolution to go into Executive Session was moved by Ms. Staton, seconded by Mr. Bethea, and carried by unanimous vote of those Council members present. RESOLUTION AUTHORIZING EXECUTIVE SESSION OF THE CITY COUNCIL TO PERMIT DISCUSSION OF PENDING LITIGATION. WHEREAS the City Council deems it necessary and essential to conduct a discussion concerning pending litigation, specifically: Camiros, Ltd. v. City of Trenton Damita Davis-Molder v. City of Trenton 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 a discussion be held on January 8, 2009 at or about 1:00 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. City Council reconvened in open session at approximately 3:46 p.m. The next ABC hearings will be scheduled for January 27, February 17 and/or 24 , and March 16 and/or 23, 2009. DOCKET REVIEW Appearance: Renee Haynes, Chief of Staff Dennis Gonzalez, Acting Business Administrator Docket items were reviewed and discussed. Motion was made by Ms. Staton, seconded by Mr. Bethea, to withdraw the following ordinance, which motion carried by unanimous vote of those Council members present. ORDINANCE OF THE CITY OF TRENTON IN THE COUNTY OF MERCER, NEW JERSEY AUTHORIZING THE SALE OF A PORTION OF THE CITY’S WATER UTILITY SYSTEM AND AUTHORIZING THE EXECUTION OF A REVISED AGREEMENT OF SALE AND A WATER SUPPLY AGREEMENT BY AND BETWEEN THE CITY AND NEW JERSEY-AMERICAN WATER COMPANY, INC. AND A REVISED WATER OPERATING AGREEMENT BETWEEN THE CITY AND AQUA NEW JERSEY, INC. AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. City Council Meeting Minutes January 8, 2009 2 Dion Clark, 323 Walnut Avenue, spoke against the sale of the water infrastructure. Patricia Stewart, 679 Lamberton Street, spoke against the sale of the water infrastructure. Motion was made by Mr. Melone, seconded by Mr. Bethea, that the minutes of the City Council regular meeting held on December 9, the Executive Session held on November 25, and the ABC Meeting held on November 17, 2008, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Council members present. Motion was made by Mr. Melone, seconded by Mr. Segura, to accept all communications, petitions, reports, applications and bonds. Motion carried by unanimous vote of those Council members present. COMMUNICATIONS AND PETITIONS 2a - Civil Action (summons) – in the matter of HSBC Bank USA, National Association as Trustee for WFMBS 2008-AR1 vs. Daryl Johnson, et al. 2b - Mark H. Phillips, 425 Columbus Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2c - Albert Ware, 10 Frazier Court, Apt. 2A, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury and property damage) 2d - Civil Action – in the matter of S2 NJ, LLC vs. Roberto Leon, et als. 2e - Civil Action (summons) – in the matter of Countrywide Home Loans Servicing LP vs. Lisa M. Johnson et als. 2f - Janaysia Grimes, 735 Beatty Street, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2g - Neal Kamih Constanzo, 49 Locust Avenue, Yardville – submitting Claim for Damages against the City of Trenton. (personal injury) 2h - Emad Salib, 15 Wheatfield Ct., Columbus – submitting Claim for Damages against the City of Trenton. (personal injury) 2i - New Jersey Department of Transportation – submitting approval of Ordinance No. 07-53 vacating public rights to a portion of Enterprise Avenue. 2j - Civil Action – Bank of America vs. Dao R. Freeman et als. 2k - New Jersey Department of Environmental Protection – submitting copy of approval issued to Public Service Electric and Gas Company for Site Remediation. City Council Meeting Minutes January 8, 2009 3 2l - New Jersey Department of Environmental Protection – submitting copy of No Further Action Letter and Covenant Not to Sue for 201 Buckingham Avenue. 2m - New Jersey Department of Environmental Protection – submitting copy of Remedial Investigation Report Approval for Former Exxon Service Station located at 1340 North Olden Avenue, Trenton, NJ. 2n - Township of Knowlton – informing that they are performing a comparative analysis of New Jersey municipal budgets. 2o - City of Paterson, Office of the City Clerk – inquiring about Handicapped Parking Spaces for individual residents in the City of Trenton. 2p - Delaware Valley Regional Planning Commission – submitting copy of “Open Space and Natural Resource Planning Services for Municipalities”. 2q - Mercer County Planning Board – advising of meeting scheduled for January 14, 2009. 2r - New Jersey Department of Environmental Protection – submitting copy of NJDEP Child Care Facility Approval Letter for Life Gate Christian Academy located 901 S. Clinton Avenue, Trenton, NJ. 2s - New Jersey Department of Environmental Protection – submitting copy of No Further Action Letter and Covenant Not to Sue for Anthony’s Pizza Palace II located at 2769 South Broad Street, Trenton, NJ. 2t - Civil Action (summons) – in the matter of HSBC Bank USA, National Association as Trustee for WFMBS 2008-AR1 vs. Daryl Johnson, et als. 2u - Pennoni Associates, Inc., 515 Grove Street, Haddon Heights, NJ – submitting copy of Biennial Certification Report that was submitted to the New Jersey Department of Environmental Protection. 2v - Division of Property Management & Construction, 33 W. State Street, Trenton, NJ – informing that they are submitting an application for a permit to the New Jersey Department of Environmental Protection under the Freshwater Wetlands Protection Act rules. 2w - New Jersey Department of Environmental Protection – submitting copy of letter concerning Classification Exception Area Biennial Certification Report Approval for Willow & Passaic Street Garage located at 145-149 N. Willow Street, Trenton, NJ. 2x - Mercer County Board of Freeholders – submitting copies of Ordinances adopted at their meetings of November 13, December 4 and 18, 2008. City Council Meeting Minutes January 8, 2009 4 2y - Michael Malkin, 840 Spruce Street, Lawrenceville – submitting Claim for Damages against the City of Trenton. (personal injury) 2z - Michael Bell, 404 Hudson Street, Apt. #2, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2aa - Crayton Miller, Jr., 23 South Olden Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2bb - New Jersey Department of Environmental Protection – submitting copy of letter concerning Notice of Deficiency for Times of Trenton Publishing Corporation, 500 Perry Street, Trenton, New Jersey. 2cc - City of Trenton Planning Board – enclosing copy of agenda for January 8, 2009, 2009 Calendar of Public Hearings, and December 11, 2008 minutes. REPORTS 3a - Juanita M. Joyner, Acting City Clerk – submitting report of receipts received by the City Clerk’s Office for the month ending December 31, 2008. Total amount - $149,872.00 APPLICATIONS AND BONDS – None Submitted Motion was made by Mr. Melone, seconded by Ms. Staton, to withdraw the following resolutions, which motion carried by the following vote: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton, Mr. Pintella Nays: None RESOLUTION CONSENTING TO THE APPOINTMENT OF RICHARD LAIRD AS DIRECTOR OF THE DEPARTMENT OF FIRE. RESOLUTION CONSENTING TO THE APPOINTMENT OF JEROME HARRIS AS DIRECTOR OF THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT. City Council Meeting Minutes January 8, 2009 5  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, Mr. Pintella Nays: None 1. RESOLUTION NO. 09-2 - 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 JOSEPH A. ALACQUA, 112 JOHNSON ROAD, TURNERSVILLE, NJ 08012 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $85,000. (Sponsored by Mr. Melone) 2. RESOLUTION NO. 09-3 - 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 SPG3, 1524 DELANCEY STREET, PHILADELPHIA, PA 19102 TO PROVIDE PROFESSIONAL URBAN LANDSCAPE ARCHITECTURAL DESIGN SERVICES FOR THE DEVELOPMENT OF FINAL SITE PLANS AND PHASE CONSTRUCTION BID DOCUMENTS FOR THE EXPANSION AND IMPROVEMENTS OF TWO EXISTING PARKS; GEORGE PAGE PARK AND HETZEL FIELD FOR THE DEPARTMENT OF RECREATION, NATURAL RESOURCES & CULTURE, DIVISION OF NATURAL RESOURCES, in an amount not to exceed $293,171. (Sponsored by Mr. Bethea) 3. RESOLUTION NO. 09-4 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO USA ENVIRONMENTAL MANAGEMENT, INC., 344 WEST STATE STREET, TRENTON, NEW JERSEY 08618 FOR THE FURNISHING AND DELIVERY OF ALL LABOR EQUIPMENT AND MATERIALS FOR EXCAVATION, SEGREGATION AND STOCK PILING OF IMPACTED SOIL, RECYCLABLE MATERIALS AND CONSTRUCTION DEBRIS AT 53-61 OXFORD STREET FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT, in an amount not to exceed $221,244.32. (Sponsored by Mr. Bethea) 4. RESOLUTION NO. 09-5 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #08-03, for 40 Chambers Street, etc. (Sponsored by Mr. Melone) City Council Meeting Minutes January 8, 2009 6  5. RESOLUTION NO. 09-6 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #08-2, for 449 Stuyvesant Avenue, etc. (Sponsored by Ms. Staton) 6. RESOLUTION NO. 09-7 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #08-1, for 478 Stuyvesant Avenue, etc. (Sponsored by Ms. Staton) 7. RESOLUTION NO. 09-8 - RESOLUTION AMENDING 08-559 BETWEEN THE CITY OF TRENTON AND THE STATE OF NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES TO INCREASE THE CHILDHOOD LEAD POISONING PREVENTION GRANT BY AN ADDITIONAL $3,250.00 FROM $130,000 TO $133,250.00 (Sponsored by Ms. Staton and Mr. Segura) 8. RESOLUTION NO. 09-9 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR A GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS LEAD IDENTIFICATION AND FIELD TESTING 2009 (LIFT) TO PURCHASE LEAD TESTING EQUIPMENT AND SERVICES (Sponsored by Ms. Staton and Mr. Segura) 9. RESOLUTION NO. 09-10 – RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF ALFRED F. AULETTA V. JOSEPH J. SANTIAGO, ET AL. IN THE TOTAL AMOUNT OF $12,000.00 (Sponsored by Mr. Coston) 10. RESOLUTION NO. 09-11 – RESOLUTION AUTHORIZING SETTLEMENT OF THE APPEAL OF CYNTHIA ST. JOHN FROM A FINAL NOTICE OF DISCIPLINARY ACTION, in the amount of $57,000. (Sponsored by Ms. Staton) 11. RESOLUTION NO. 09-12 – RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF CAMIROS, LTD. V. CITY OF TRENTON IN THE TOTAL AMOUNT OF $45,000. (Sponsored by Mr. Coston) 12. RESOLUTION NO. 09-13 – RESOLUTION AUTHORIZING SETTLEMENT OF THE APPEAL OF DAMITA DAVIS-MOLDER FROM A FINAL NOTICE OF DISCIPLINARY ACTION ISSUED ON OCTOBER 28, 2008 IN THE TOTAL AMOUNT OF $12,000. (Sponsored by Mr. Bethea) City Council Meeting Minutes January 8, 2009 7  13. RESOLUTION NO. 09-14 - 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 RKG ASSOCIATES, INC., 277 MAST ROAD, DURHAM, NEW HAMPSHIRE 03824 TO PROVIDE ECONOMIC FEASIBILITY AND MARKETING ANALYSIS FOR A STUDY OF DEVELOPABLE PARCELS IN THE TRENTON DOWNTOWN WATERFRONT AREA. (Sponsored by Mr. Bethea) Mr. Melone left the meeting at 3:30 p.m. City Council recessed at 3:40 p.m., and reconvened at 3:50 p.m. DEPARTMENT OF RECREATION DISCUSSION Appearance: Samuel Frisby, Director Department of Recreation, Natural Resources and Culture. Director Frisby gave a presentation to the members of City Council. Topics included but not limited to: • Special needs • Transportation • Programs • Safety/Security Discussion was held regarding the effect the layoffs would have on the department’s programs. DEPARTMENT OF INSPECTIONS DISCUSSION Appearance: Leonard Pucciatti, Director of the Department of Inspections Director Pucciatti informed City Council that the Division has a $600,000 deficit. While the Department of Community Affairs states the Division must be self-sufficient, a state law was passed exempting the city, county, and school board, from having to pay for permits, there is a lot of revenue that the City of Trenton was not able to collect. When the RFP’s were received, EIC Inspection Agency Corporation responded with 100% of the fees. Dennis Gonzalez, Acting Business Administrator, informed City Council that by privatizing the Department of Inspection, the savings would be approximately $65,000. Discussion was held regarding the effect the layoffs will have on the Department of Inspections, and the privatization of the Division. City Council recessed at 5:35 p.m. and reconvened in Council Chambers at 5:45 p.m. City Council Meeting Minutes January 8, 2009 8 Mr. Melone returned at 5:33 p.m. Mr. Coston left at 5:35 p.m. Council President Pintella asked for a moment of silence in rememberance of Mrs. Alcine Utley. UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCE: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE ACCEPTING BIDS AND AUTHORIZING EXECUTION OF DEEDS RELATING TO PUBLIC SALE OF CITY OWNED PROPERTY”, 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. Staton, seconded by Mr. Segura, and carried by the following vote of Council: Ayes: Mr. Bethea, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Coston PUBLIC PRESENTATIONS: Patricia Stewart, 679 Lamberton Street, questioned whether the temporary employees that worked over the Christmas holiday were paid or volunteered; is opposed to the privatization of the Department of Inspections; and questioned the budget deficit. Cleveland Thompson, 556 Parkway Avenue, Ewing, President of Local 2281, informed City Council that there has been no contract for the last two years for the employees falling under Local 2281. He is opposed to the layoffs, and informed City Council that Local 2281 is willing to work with the Administration. Michael Collins, 234 South Cook Avenue, is opposed to the privatization of the Department of Inspections, and the layoffs. Kevin Davis, 18 Richey Place, is opposed to the layoffs, and the lack of healthcare services. Dave Tallone, President of AFSCME Local 2286, spoke against the privatization of the Department of Inspections, and to the layoffs. He also informed City Council that Local 2286 is willing to go into negotiations with the Administration to help prevent layoffs. Mr. Segura questioned whether Mr. Tallone knew, prior to the settling of the Local 2286 contracts, that there was a possibility of layoffs. Mr. Tallone responded no. City Council Meeting Minutes January 8, 2009 9 Williams Owens, 1230 MLK Blvd., an employee of Shade Tree, questioned City Council how his name was placed on the layoff list. Joe Harrison, 15 Swan Street, questioned the sale of the water infrastructure. Bev Sample, 2108 Country Lane, West Trenton, President of 2285, Mercer County Board of Social Services, spoke in support of her brothers and sisters of Local 2281 and 2286. Lucy Guzman, 1107 Greenwood Avenue, spoke on behalf of the Department of Recreation. Peter Page, 241 Morris Avenue, President of the Chambersburg Civic Association, spoke against the privatization of the Department of Inspections. Pat Sayles, Lawrence Township, is opposed to the budget cuts to the Department of Recreation. Julio Santiago, 34 Charles Street, Supervisor of Shade Tree, spoke in support of the Department of Inspections. Patrick Kelsey, 480 Endicott Road, Hamilton, spoke about the layoffs and of the budget problems. Joseph Smith, on behalf of the Capital City Girls Basketball Team, spoke in support of the Department of Recreation, and feels that the there should be accountability for the budget problems. Lonny McQueen, 1834 Chestnut Avenue, spoke against the privatization of the Department of Inspections. Darryl Brooks, Trenton, spoke against the closing of the programs for the children of the City of Trenton due to the budget programs. Motion was made by Ms. Lartigue, seconded by Ms. Staton, to close public comment, which motion carried by unanimous vote of those Council members present. Mr. Melone expressed his gratitude with Local 2281 and 2286 for their willingness to open dialogue with the Administration in regards to the layoffs. He also stated that he will not support the privatization of the Department of Inspections. There being no further business, the meeting adjourned at 7:30 p.m. ______________________________ __________________________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk City Council Meeting Minutes January 8, 2009 10