City Council

CITY COUNCIL CONFERENCE AND REGULAR MEETING MINUTES February 19, 2009 Trenton Council Chamber 1:00 p.m. A joint Conference and Regular Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 1:26 p.m., in City Council Chamber, 319 E. 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 February 13, 2009. ROLL CALL: Present: Messrs. Bethea, Coston and Melone, Ms. Staton Absent: Ms. Lartigue (arrived at 1:44 p.m.), Messrs. Segura and Pintella (arrived at 3:10 p.m.) FY2009 BUDGET ISSUES Appearance: Renee Haynes, Chief of Staff Dennis Gonzalez, Acting Business Administrator Department Directors Dennis Gonzalez, Acting Business Administrator, informed City Council that, if prior to the sale of the infrastructure, the budget was introduced, it would have had a historically high increase in taxes. A question and answer period ensured. Mr. Bethea questioned the petition that is circulating regarding blocking the sale of the infrastructure, and the cost of having a special election. The estimated cost for a special election would be approximately $100,000. City Council Meeting Minutes February 19, 2009 1 EXECUTIVE SESSION: (City Council went into Executive Session at 2:43 p.m.) Adoption of the following resolution to go into Executive Session was moved by Mr. Bethea, seconded by Ms. Lartigue, 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 regarding the following cases of Patricia D. Pointon v. City of Trenton, Docket No. MER-L-2436-05 and Kenneth Novak, et al. v. City of Trenton, Docket No. MER-L-858-00; 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 a discussion be held on February 19, 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 recessed at 2:55 p.m., and reconvened in open session at 3:20 p.m. Council President Pintella arrived at 3:10 p.m. DOCKET REVIEW Appearance: Renee Haynes, Chief of Staff Dennis Gonzalez, Acting Business Administrator A question and answer period ensured. Motion was made by Ms. Staton, seconded by Mr. Bethea, that the minutes of the City Council meeting held on February 5, 2009, be approved and the reading thereof dispensed with. Motion carried by unanimous vote of those Council members present. Motion was made by Ms. Staton, seconded by Mr. Bethea, 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 – in the matter of S2 NJ, LLC vs. Roberto Leon, et al. 2b - James McMillan, 13 Tremont Place, Willingboro – submitting Claim for Damages against the City of Trenton. (personal injury) City Council Meeting Minutes February 19, 2009 2 2c - Jeffrey Costello, 4 Millbrook Lane, Lawrence – submitting Claim for Damages against the City of Trenton. (property damage) 2d - Margarita Arzayus, 1217 So. Clinton Ave., Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2e - Charette Gabrielle, 23 Cedar Lane, Titusville – submitting Claim for Damages against the City of Trenton. (personal injury) 2f - PSE&G, Claims Dept., 24 Brown Avenue, Springfield – submitting Claim for Damages against the City of Trenton. (property damage) 2g - Marco A. Rodriquez, 511 Greenwood Avenue #14-O, Trenton – submitting Claim for Damages against the City of Trenton. (personal injury) 2h - Tyree Environmental Corp., 2702 Cindel Drive, Suite 7, Cinnaminson – submitting copy of the Biennial Certification Monitoring Report for a Ground Water Classification Exception Area for 579 South Broad Street, Trenton, NJ. 2i - Mercer County Improvement Authority – submitting copy of the agenda for February 3, 2009. 2j - Subpoena Duces Tecum – in the matter of State of New Jersey vs. Edith L. Mulryne. 2k - City of Bridgeton – submitting copy of Resolution No. 156-08 entitled “RESOLUTION REQUESTING APPROPRIATION FOR FUNDING, PAYMENT IN LIEU OF TAXES TO THE CITY OF BRIDGETON AS THE HOST COMMUNITY OF THE SOUTH WOODS STATE PRISON”. 2l - New Jersey Department of Environmental Protection – submitting year-end Community Forestry Status Report for the year 2008. 2m - New Jersey Department of Environmental Protection – submitting Classification Exception Area Biennial Certification Approval for Former Mercer Bus Garage, 1132 E. State St., Trenton, NJ. 2n - New Jersey Department of Environmental Protection – submitting No Further Action Letter and Covenant Not to Sue for The Times of Trenton Publishing Corporation, 500 Perry Street, Trenton, NJ 2o New Jersey Department of Environmental Protection – submitting Approval for the Revised Vapor Intrusion Remedial Investigation Workplan response for J.J. Doherty Service Station, 1406 Chambers Street, Trenton, NJ. REPORTS – None Submitted City Council Meeting Minutes February 19, 2009 3 APPLICATIONS AND BONDS – None Submitted Mr. Melone left at 3:40 pm. Mr. Coston left at 4:15 p.m. and returned at 5:35 p.m. Motion was made by Mr. Bethea, seconded by Mr. Pintella, to adopt the following resolution, which motion was adopted by the following vote of City Council: Ayes: Mr. Bethea, Ms. Lartigue, Ms. Staton, Mr. Pintella Nays: None Absent: Messrs. Coston, Melone and Segura RESOLUTION NO. 09-72 - RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING BOARD TO HEAR AND REVIEW PROPOSED AMENDMENTS TO THE ENTERPRISE AVENUE REDEVELOPMENT AREA PLAN. (Sponsored by Mr. Bethea) UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCES: Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE APPROVING AN APPLICATION FROM L & F URBAN RENEWAL PROPERTIES GRANT A LONG-TERM TAX EXEMPTION PURSUANT TO N.J.S.A. 40A:201 ET SEQ”, 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 Mr. Melone, and carried by the following vote of Council: Ayes: Messrs. Bethea, Coston, Melone, Ms. Staton, Mr. Pintella Nays: Ms. Lartigue Absent: Mr. Segura Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE TO AMEND CHAPTER 10 ENTITLED “ALCOHOLIC BEVERAGE CONTROL” OF THE REVISED GENERAL ORDINANCES OF THE CITY OF TRENTON, TO REVISE THE FEE SCHEDULE FOR ABC LICENSES”, and asked if anyone wished to speak to the subject. City Council Meeting Minutes February 19, 2009 4  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 and Coston, Ms. Lartigue, Mr. Melone, Ms. Staton, Mr. Pintella Nays: None Absent: Mr. Segura Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE DESIGNATING YATES ESTATE, INC. AS DEVELOPER OF CITY OWNED PROPERTIES LOCATED IN THE NORTH CLINTON REDEVELOPMENT AREA AND AUTHORIZING THE SALE OF SAID PROPERTIES AND THE EXECUTION OF A DISPOSITION AGREEMENT”, 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, Coston and Melone, Ms. Staton, Mr. Pintella Nays: Ms. Lartigue Absent: Mr. Segura Motion was made by Mr. Melone, seconded by Mr. Segura, to adopt the following resolutions by a consent vote of City Council: 1. RESOLUTION NO. 09-61 - RESOLUTION AUTHORIZING THE PURCHASE OF GIS DATA CONVERSION SERVICES FROM CIVIL SOLUTIONS, (A DIVISION OF ADAMS, REHMANN AND HEGGAN ASSOCIATES, INC. (ARH), 850 SOUTH WHITE HORSE PIKE, P.O. BOX 579, HAMMONTON, NEW JERSEY 08037-2019 FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $31,680. (Sponsored by Mr. Coston) 2. RESOLUTION NO. 09-63 - 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 HATCH MOTT MACDONALD, 27 BLEEKER STREET, MILLBURN, NJ 07041 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE CONSTRUCTION PHASE OF THE CENTRAL PUMP STATION IMPROVEMENTS PROJECT FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $620,000. (Sponsored by Mr. Bethea) City Council Meeting Minutes February 19, 2009 5  3. RESOLUTION NO. 09-64 - RESOLUTION AUTHORIZING THE PURCHASE OF TWENTY (20) XTL2500 PORTABLE RADIOS WITH ACCESSORIES, ONE HUNDRED (100) REPLACEMENT BATTERIES, FIFTY (50) REPLACEMENT MICROPHONES AND TWENTY (20) REPLACEMENT LEATHER CASES FROM MOTOROLA CORPORATION, INC., P.O. BOX 1335, BURLINGTON, NJ 08016, FOR THE DEPARTMENT OF POLICE, DIVISION OF COMMUNICATIONS, THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING, in an amount not to exceed $54,328. (Sponsored by Ms. Staton) 4. RESOLUTION NO. 09-65 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KENNEDY CULVERT & SUPPLY, 395 ROYCEFIELD ROAD, HILLSBOROUGH, NEW JERSEY 08844 TO FURNISH AND DELIVER CURB BOXES FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY, in an amount not to exceed $35,466. (Sponsored by Mr. Bethea) 5. RESOLUTION NO. 09-66 - 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 LANGAN ENGINEERING & ENVIRONMENTAL SERVICES, 50 WEST STATE STREET, 10TH FLOOR, SUITE 1002, TRENTON, NEW JERSEY 08608 TO PROVIDE ENVIRONMENTAL ENGINEERING SERVICES AND REMEDIATION OVERSIGHT IN ACCORDANCE WITH STATE REQUIREMENTS AT THE THROPP SITE, 960 EAST STATE STREET, TRENTON, NEW JERSEY, in an amount not to exceed $15,521. (Sponsored by Mr. Coston) 6. RESOLUTION NO. 09-67 - RESOLUTION AUTHORIZING REIMBURSEMENT TO HAR SINAI HEBREW CONGREGATION, ROUTE 31 HOPEWELL TOWNSHIP FOR THE INSTALLATION OF AN OVERSIZED WATER MAIN AS REQUIRED BY THE TRENTON WATER WORKS. (Sponsored by Mr. Bethea) 7. RESOLUTION NO. 09-68 - RESOLUTION ACCEPTING A HIGHWAY SAFETY GRANT FROM THE NEW JERSEY DIVISION OF HIGHWAY TRAFFIC SAFETY, OVER THE LIMIT UNDER ARREST 2008 YEAR END CRACKDOWN, in the amount of $5,000. (Sponsored by Ms. Staton) 8. RESOLUTION NO. 09-69 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #09-3 (892 Bellevue Avenue, Rear, etc.) (Sponsored by Ms. Lartigue) City Council Meeting Minutes February 19, 2009 6  9. RESOLUTION NO. 09-70 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO APPLY FOR AND ACCEPT A GRANT IN THE AMOUNT OF $20,000.00 UNDER THE TRI-STATE TRANSPORTATION FUND TO HIRE A FACILITATOR/PLANNER TO STAFF THE RECENTLY ESTABLISHED TRAIN STATION COMMUNITY ADVISORY BOARD. (Sponsored by Mr. Bethea) 10. RESOLUTION NO. 09-71 - 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 $182,000. (Sponsored by Ms. Lartigue) Motion was made by Mr. Bethea, seconded by Mr. Pintella, to adopt the following resolution, which motion was adopted by the following vote of City Council: Ayes: Messrs. Bethea and Coston, Ms. Lartigue, Mr. Melone, Ms. Staton Nays: None Absent: Mr. Segura Abstained: Mr. Pintella RESOLUTION NO. 09-73- RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF PATRICIA D. POINTON V. CITY OF TRENTON IN THE TOTAL AMOUNT OF $150,000. (Sponsored by Mr. Coston) Motion was made by Mr. Coston, seconded by Mr. Segura, to adopt the following resolution, which motion was adopted by the following vote of City Council: Ayes: Messrs. Bethea, Coston and Melone, Ms. Staton Nays: Ms. Lartigue Absent: Mr. Segura Abstain: Mr. Pintella RESOLUTION NO. 09-74 – RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL SUIT IN THE MATTER OF KENNETH L. NOVAK, ET AL. V. CITY OF TRENTON, EL AL., IN THE TOTAL AMOUNT OF $40,000. (Sponsored by Mr. Coston) City Council Meeting Minutes February 19, 2009 7  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. 09-62 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO HOLLY ENTERPRISES, INC., 105 VANDEVER AVENUE, WILMINGTON, DELAWARE 19082, FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT AND MATERIALS FOR THE STRUCTURAL STABILIZATION AT THE DELAWARE INN, 1024 LAMBERTON STREET, FOR THE DEPARTMENT OF HOUSING & ECONOMIC DEVELOPMENT, DIVISION OF PLANNING, in an amount not to exceed $127,601. (Sponsored by Mr. Coston) Ayes: Messrs. Bethea, Coston and Melone, Ms. Staton, Mr. Pintella Nays: Ms. Lartigue Absent: Mr. Segura FIRST READING OF THE FOLLOWING ORDINANCES: Mr. Coston introduced, presented and authorized publication of an ordinance entitled “AN ORDINANCE CONTINUING CERTAIN POSITIONS, FIXING SALARY RANGES THEREFORE AND SETTING FORTH CERTAIN TERMS FOR THE IMPLEMENTATION OF A CONTRACT WITH THE TRENTON FIRE OFFICERS’ ASSOCIATION, LOCAL 206”. The motion was seconded by Mr. Pintella, and carried. Ayes: Mr. Bethea and Coston, Ms. Lartigue, Mr. Melone, Ms. Staton, Mr. Pintella Nays: None Absent: Mr. Segura Mr. Pintella introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AMENDING CHAPTER 2 ARTICLE III OF THE CODE OF THE CITY OF TRENTON ENTITLED “ADMINISTRATION”. The motion was seconded by Mr. Bethea, and carried. Ayes: Mr. Bethea and Coston, Ms. Lartigue, Mr. Melone, Ms. Staton, Mr. Pintella Nays: None Absent: Mr. Segura City Council Meeting Minutes February 19, 2009 8  Mr. Pintella introduced, presented and authorized publication of an ordinance entitled “ORDINANCE AMENDING CHAPTER 188 OF THE CITY OF TRENTON ENTITLED “PARKING METERS”. The motion was seconded by Mr. Bethea, and carried. Ayes: Mr. Bethea and Coston, Ms. Lartigue, Mr. Melone, Ms. Staton, Mr. Pintella Nays: None Absent: Mr. Segura PUBLIC PRESENTATIONS: Dion Clark, 323 Walnut Street, spoke of his concerns regarding dogs. Wendy Dean, 859 E. State Street, requesting help from City Council regarding her court case. Roland Pott, 113 South Montgomery Street, spoke regarding the ordinance which will raise the fees for the renewal of liquor licenses. Clifton Anderson, 86 E. Paul Avenue, asked City Council to amend the suspension which was imposed on his liquor license. Joy Higgenbotham, 613 Walnut Avenue, inquired of the status of the boarded up home next to 631 Walnut Avenue; and questioned if there would be redevelopment in the area. There being no further business, the meeting adjourned at 6:30 p.m. _____________________________ ___________________________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk City Council Meeting Minutes February 19, 2009 9