City Council

CITY COUNCIL REGULAR MEETING MINUTES March 5, 2009 City Hall, 319 E. State Street 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 5:40 p.m., at City Hall, 319 E. State Street, Trenton, New Jersey. The meeting was called to order by President Paul M. Pintella, 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 27, 2009. ROLL CALL: Present: Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Absent: Messrs. Bethea and Coston (Mr. Coston was absent from roll call) 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 Marco Dillard. Motion was made by Mr. Melone, seconded by Mr. Segura, that the minutes of the City Council meetings held on February 3, ABC Hearing of February 17, and the Executive Session held on February 3, 2009, 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. 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 - Mayor Douglas H. Palmer – requesting the advice and consent of City Council regarding the reappointments of Cathleen Crown, Sandra King, Art Hill and Patricia Madrigal to the Trenton Landmarks Commission, for a four-year term, running from January 1, 2009 to December 31, 2012. City Council Meeting Minutes March 5, 2009 1 2b - Lisa A. Tarver, 52 Kelsey Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2c - Mircea P. Pineda, 198 Brunswick Avenue, Trenton – submitting Claim for Damages against the City of Trenton. (property damage) 2d - Francisco Ramirez, 638 Tindall Avenue, Hamilton – submitting Claim for Damages against the City of Trenton. (property damage) 2e - Civil Action (summons) – in the matter of Amal G. Sedhom vs. City of Trenton. 2f - Mercer County Board of Chosen Freeholders – enclosing copy of Ordinance 2009-1 and 2009-2 which were adopted on February 10, 2009. 2g - New Jersey Division of Alcoholic Beverage Control – submitting Notice of Charges preferred against Eastside Lounge, Inc., t/a Same, 107 Klagg Avenue, Trenton, New Jersey. 2h - New Jersey Department of Environmental Protection – enclosing copy of Notice of Deficiency for Warren Street Coat Gas Site, South Warren and Market Street, Trenton, New Jersey 2i - New Jersey Department of Environmental Protection – enclosing copy of No Further Action Letter and Covenant Not to Sue for 42 Carroll Street, Trenton, New Jersey. 2j - New Jersey Department of Environmental Protection – enclosing a copy of No Further Action Letter and Covenant Not to Sue for 421 Bridge Street, Trenton, New Jersey. 2k - Michelle Williams, 154 Locust Street, Trenton, - submitting Claim for Damages against the City of Trenton. (personal injury) 2l - Robert Davis, 409 Center Street, Trenton, - submitting Claim for Damages against the City of Trenton. (personal injury) 2m - New Jersey Department of Environmental Protection – enclosing copy of NJDEP Child Care Facility Approval Letter for The Howley School, 555 2nd Street, Trenton, Mercer County. 2n - Capital City Redevelopment Corporation – enclosing copy of agenda for the meeting scheduled for March 10, 2009. 2o - Governor Jon S. Corzine – enclosing copy of agenda for the meeting scheduled for March 2, 2009. 2p - Mercer County Planning Board – enclosing copy of agenda for the meeting scheduled for March 11, 2009. City Council Meeting Minutes March 5, 2009 2 2q - Mercer County Planning Board – enclosing copy of regular meeting minutes from January 14, 2009. 2r - New Jersey Department of Environmental Protection – enclosing copy of Remedial Investigation Report and Remedial Action Workplan dated November 2008. REPORTS 3a - Juanita M. Joyner, Acting City Clerk – advising that the following Raffle Applications have been approved as of March 3, 2009: Divine Mercy Parish, 201 Adeline Street, Trenton, NJ; Capital Health System Auxiliary at Mercer, 446 Bellevue Avenue, Trenton, NJ, and Holy Cross Post 417 Catholic War Veterans, 301 Grand Street, Trenton, NJ. APPLICATIONS AND BONDS – None Submitted UNFINISHED BUSINESS AND SECOND READING OF THE FOLLOWING ORDINANCES: Council President Pintella declared open a public hearing on 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”, and asked if anyone wished to speak to the subject. Monroe Larimore, 1446 Stuyvesant Avenue, spoke against the raising of salaries. Dennis Gonzalez, Acting Business Administrator, informed City Council that this is a negotiated agreement between the City of Trenton and the Trenton Fire Officers’ Association. No one else 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: Mr. Coston (entered the meeting at this time), Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Bethea Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AMENDING CHAPTER 2 ARTICLE III OF THE CODE OF THE CITY OF TRENTON ENTITLED “ADMINISTRATION”, and asked if anyone wished to speak to the subject. City Council Meeting Minutes March 5, 2009 3  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: Mr. Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Bethea Council President Pintella declared open a public hearing on an ordinance entitled “ORDINANCE AMENDING CHAPTER 188 OF THE CODE OF THE CITY OF TRENTON ENTITLED “PARKING METERS”, 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: Mr. Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Bethea 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: Mr. Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nays: None Absent: Mr. Bethea 1. RESOLUTION NO. 09-78 - RESOLUTION ADOPTING A CASH MANAGEMENT PLAN FOR THE DEPOSIT AND INVESTMENT OF PUBLIC FUNDS OF THE CITY OF TRENTON. (Sponsored by Mr. Coston) 2. RESOLUTION NO. 09-79 - RESOLUTION CANCELING NON OCCUPANT OWNER LICENSE APPLICATION AND AUTHORIZING AND DIRECTING RETURN OF FEES, issued to Joyce Mule, 35 Lopatcong Drive - $55. (Sponsored by Mr. Coston) City Council Meeting Minutes March 5, 2009 4  3. RESOLUTION NO. 09-81 - RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR A GRANT, FROM THE NEW JERSEY STATE COUNCIL ON THE ARTS, IN THE AMOUNT OF $80,000, FOR HERITAGE DAYS FESTIVAL MARKETING AND EXPANSION, for the period of July 1, 2009 and ending June 30, 2010. (Sponsored by Mr. Segura) 4. RESOLUTION NO. 09-82 - RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) FOR THE YEAR 2009, in an amount of $731. (Sponsored by Mr. Segura) 5. RESOLUTION NO. 09-83 - RESOLUTION AMENDING THE CONTRACT WITH BLACKBOARD CONNECT, INC. (FORMERLY THE NTI GROUP), 15301 VENTURA BOULEVARD, BUILDING B, SUITE 300, SHERMAN OAKS, CA 91403 TO PROVIDE THE THIRD YEAR OF ANNUAL SUPPORT SERVICES FOR THE EMERGENCY NOTIFICATION SYSTEM FOR THE DEPARTMENT OF ADMINISTRATION, DIVISION OF INFORMATION TECHNOLOGY, in an amount not to exceed $58,000. (Sponsored by Mr. Coston) 6. RESOLUTION NO. 09-84 - 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 MCMANIMON & SCOTLAND, LLC, ATTORNEYS AT LAW, ONE RIVERFRONT PLAZA, FOURTH FLOOR, NEWARK, NEW JERSEY 07102-5408 TO PROVIDE PROFESSIONAL LEGAL SERVICES REGARDING THE AUTHORIZATION AND ISSUANCE OF BONDS AND/OR NOTES OF THE CITY OF TRENTON, INCLUDING THE REVIEW OF PROCEDURES AND THE RENDERING OF LEGAL OPINIONS ACCEPTABLE TO THE FINANCIAL COMMUNITY, in an amount not to exceed $80,000. (Sponsored by Mr. Coston) 7. RESOLUTION NO. 09-85 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO GOLDEN CROWN CONTRACTORS, INC., 4099 SOUTH BROAD STREET, YARDVILLE, NEW JERSEY 08620 FOR THE FURNISHING AND DELIVERY OF ALL LABOR, EQUIPMENT, AND MATERIALS FOR RENOVATIONS TO THE COMMUNICATIONS CENTER, 225 NORTH CLINTON AVENUE, FOR THE DEPARTMENT OF INSPECTIONS, in an amount not to exceed $92,327. (Sponsored by Mr. Coston) City Council Meeting Minutes March 5, 2009 5  8. RESOLUTION NO. 09-86 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT FROM THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, DIVISION OF HIV/AIDS SERVICES FOR THE PROVISION OF FINANCIAL SUPPORT FOR THE TRENTON HEALTH INCENTIVE PROGRAM FOR WOMEN (HIP4W) AND PROJECT LISTOS IN THE AMOUNT OF $316,100.00. (Sponsored by Ms. Lartigue and Mr. Segura) 9. RESOLUTION NO. 09-88 - RESOLUTION AUTHORIZING CHANGE ORDER #1 TO THE CONTRACT WITH USA ENVIRONMENTAL MANAGEMENT INC TO PROVIDE FOR THE REMEDIATION OF CONTAMINATED SOIL AND RELATED ENVIRONMENTAL WORK AT THE FORMER KRAMER SITE LOCATED AT 637 NORTH OLDEN AVENUE, in an amount not to exceed $33,300. (Sponsored by Mr. Segura) 10. RESOLUTION NO. 09-89 - 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 FIRM OF EMMETT E. PRIMAS, JR., 20 EAST CENTRE STREET, WOODBURY, NJ 08096 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $40,000. (Sponsored by Mr. Coston) 11. RESOLUTION NO. 09-90 - RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT WHICH WAS AWARDED THROUGH FAIR AND OPEN PROCESS IN ACCORDANCE WITH N.J.S.A. 19:44A-20.5 ET SEQ. WITH THE LAW FIRM OF HILL WALLACK, LLP, 202 CARNEGIE CENTER, CN 5226, PRINCETON, NEW JERSEY 08543 TO PROVIDE PROFESSIONAL LEGAL SERVICES, in an amount not to exceed $40,000. (Sponsored by Mr. Segura) 12. RESOLUTION NO. 09-91 - 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 THE WHITMAN COMPANIES, 116 TICES LANE, UNIT B-1, EAST BRUNSWICK, NEW JERSEY 08816 TO PROVIDE PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES AT THE SCARPATI SITE, 26 AND 32-40 MULBERRY STREET, FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT, in an amount not to exceed $29,779. (Sponsored by Mr. Coston) City Council Meeting Minutes March 5, 2009 6  13. RESOLUTION NO. 09-92 - RESOLUTION AMENDING RESOLUTION #07- 113 FOR FINAL PAYMENT TO THE MUSIAL GROUP, P.A., 191 MILL LANE, MOUNTAINSIDE, NEW JERSEY 07092 REGARDING THE PROFESSIONAL SERVICES RELATED TO THE RENOVATION OF THE EXISTING FORMER FIRE HOUSE TO BE USED AS THE SOUTH WARD PRECINCT, in the amount of $99,999. (Sponsored by Mr. Coston) 14. RESOLUTION NO. 09-93 - RESOLUTION COMMITTING $240,000 IN HOME PROGRAM FUNDS TO WHITTAKER, LLC FOR THE WHITTAKER CONDOMINIUM PROJECT. (Sponsored by Messrs. Coston and Segura) 15. RESOLUTION NO. 09-94 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO SUBMIT AN APPLICATION AND TO ACCEPT AND DISBURSE FUNDS FROM THE NEW JERSEY AND MORTGAGE FINANCE AGENCY’S CHOICES IN HOME OWNERSHIP INCENTIVES CREATED FOR EVERYONE PROGRAM FOR THE WHITTAKER PROJECT. (Sponsored by Mr. Coston) 16. RESOLUTION NO. 09-95 - RESOLUTION AUTHORIZING AN APPLICATION FOR A GRANT FROM THE DEPARTMENT OF STATE, DIVISION OF ARCHIVES AND RECORDS MANAGEMENT (PARIS) FOR THE CONTINUATION OF STAFF POSITION FUNDING FOR 2009-2010 (Sponsored by Ms. Lartigue) 17. RESOLUTION NO. 09-96 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO PARTICIPATE WITH THE COUNTY OF MERCER FOR SHARED SERVICE LEVERAGING OF RECORDS INVENTORY, REORGANIZATION AND PURGING. (Sponsored by Ms. Lartigue) 18. RESOLUTION NO. 09-97 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A PRISONER REENTRY INITIATIVE GRANT FROM THE NEW JERSEY STATE PAROLE BOARD FOR FUNDING FOR EMPLOYMENT TRAINING AND PLACEMENT SERVICES FOR OFFENDERS IN THE GREATER MERCER PRISONER REENTRY INITIATIVE IN THE AMOUNT OF $222,580. (Sponsored by Ms. Lartigue and Mr. Segura) 19. RESOLUTION NO. 09-98 - RESOLUTION AUTHORIZING THE CITY OF TRENTON TO ACCEPT A GRANT AWARD IN THE AMOUNT OF $102,037 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) MERCER COUNTY LOCAL BOARD TO OPERATE THE PURCHASE OF SERVICE PROGRAM. (Sponsored by Mr. Coston) City Council Meeting Minutes March 5, 2009 7  Motion was made by Mr. Melone, seconded by Mr. Segura, to Roll Call the following resolutions, which motion carried by unanimous vote of those Council members present. RESOLUTION NO. 09-80 - RESOLUTION AUTHORIZING AN AWARD OF A CONTRACT WITH JOHN E. DOLCE, 53 FREEMAN STREET, ROSELAND, NEW JERSEY 07068 FOR CONSULTANT SERVICES FOR THE DESIGN OF VEHICLE MAINTENANCE GARAGE IN THE NEW PUBLIC WORKS FACILITY, in an amount not to exceed $10,000. (Sponsored by Mr. Coston) Ayes: Messrs. Coston and Melone, Ms. Staton, Pintella Nays: Mr. Segura Abstained: Ms. Lartigue Absent: Mr. Bethea RESOLUTION NO. 09-87 - RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH WATERS & BUGBEE, INC., 75 SOUTH GOLD DRIVE, HAMILTON, NEW JERSEY 08691 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE ALLEVIATION OF THE EXTRAORDINARY INCREASE OF CUSTOMER SERVICE AND MAIN LEAKS, in an amount not to exceed $84,924.94. (Sponsored by Mr. Segura) Ayes: Messrs. Coston, Melone and Segura, Ms. Staton, Mr. Pintella Nays: None Abstained: Ms. Lartigue Absent: Mr. Bethea The following resolution was introduced by Mr. Coston, and read for the record. A motion to withdraw said resolution was made by Mr. Coston, seconded by Ms. Lartigue. Said motion was carried by unanimous vote of those Council members present. RESOLUTION IN SUPPORT OF UTILIZING THE PROCEEDS FROM THE TRENTON WATER WORKS SALE TO NEW JERSEY AMERICAN WATER TOWARDS TRENTON WATER WORKS BONDS WHEREAS, Trenton Water Works has entered into a contract with New Jersey American Water to sell outlying pipe for a sum of $75,000,000 with a $5,000,000 consulting fee; and WHEREAS, under State Law, the proceeds from this sale must go to retire Trenton Water Works’ debt service; and WHEREAS, Trenton Water Works has outstanding bond debt that negatively impacts the City of Trenton’s operating budget through debt service; and WHEREAS, utilizing the sale proceeds for debt service provides a positive impact for one fiscal year budget; and WHEREAS, retiring debt principal has a positive impact on budgets for years in the future. City Council Meeting Minutes March 5, 2009 8  NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Trenton that no less than 75% of the remaining proceeds from the Trenton Water Works sale of outlying pipe to New Jersey American Water shall be utilized for debt services within the 2009-2010 Fiscal Year Budget for the City of Trenton. FIRST READING OF THE FOLLOWING ORDINANCE: Mr. Melone introduced, presented and authorized publication of an ordinance “ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 97 OF THE CODE OF THE CITY OF TRENTON TO PROVIDE FOR LIFE HAZARD INSPECTIONS TO BE PERFORMED BY THE DEPARTMENT OF INSPECTIONS”. The motion was seconded by Mr. Pintella, and carried. Ayes: Messrs. Coston and Melone, Ms. Staton, Mr. Pintella Nays: Mr. Segura Abstained: Ms. Lartigue Absent: Mr. Bethea Mr. Melone left the meeting at 6:37 p.m. Monroe Larimore, 1446 Stuyvesant Avenue, spoke of his concerns with the health care system. President Pintella informed the audience that on May 9 at 5 p.m., Mayor Palmer will host a public forum to address any questions from Trenton residents with regards to the proposed sale of the Trenton Water Works Infrastructure. Bruce Todd, 26 Letts Landing Road, Waretown, spoke regarding the Homeowners and Banks Protection Act of 2007. Rafael Valentin, 225 Kensington Avenue, questioned what the specific services will be concerning the resolution being awarded to McManimon & Scotland, LLC. Dennis Gonzalez, Acting Business Administrator, informed City Council that McManimon & Scotland are under contract with the City of Trenton to act as our bond counsel, and that they provide legal opinions as to bonds, work with our financial consultant with regards to the placement of bonds. Algernon Ward, Jr., 688 Martin Luther King Blvd., spoke against the sale of the outside water infrastructure. Dennis Gonzalez, Acting Business Administrator, informed City Council that the Director of the Director of Local Government Services informed the City that they have a $31 million dollar problem, not a $20 million problem, and indicated that we have to have a balanced budget. If there is no water deal, and we don’t have $20 million dollars in revenue, then the budget cannot be adopted. The Department of Community Affairs will then impose a rate that we will have to raise. City Council Meeting Minutes March 5, 2009 9 Paul Harris, 137 Centre Street, is bothered by the petition that was submitted to the City regarding the sale of the water infrastructure. Marjorie Pinder, 757 Centre Street, asked how the sale of the water infrastructure will affect the City of Trenton. Dennis Gonzalez, Acting Business Administration, informed that the City will become a provider of water to New Jersey American Water Company. The City of Trenton will not be responsible for the upkeep of the infrastructure. Joe Harrison, 15 Swan Street, asked why the City couldn’t use stimulus money, and keep control of the infrastructure. He also inquired as to the status of the petitions that were submitted regarding the infrastructure. Ms. Joyner, Acting City Clerk, informed that the Clerk’s Office is still processing the petitions. There being no further business, the meeting adjourned at 7:08 p.m. ________________________________ _________________________________ PAUL M. PINTELLA JUANITA M. JOYNER President Acting City Clerk City Council Meeting Minutes March 5, 2009 10