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City Council

Regular Meeting

Trenton, NJ · November 26, 2013

AgendaMinutes

Minutes

Meeting Minutes City of Trenton City Council November 26, 2013 at 5:30 p.m. The meeting was called to order by Councilman Muschal at 5:40 p.m. and the Open Public Meetings Act statement was read which stated, “Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act, pursuant to N.J.S.A 10:1 et. seq. The agenda for the said meeting was sent to the newspaper, posted and filed in the City Clerk’s office on November 22, 2013.” ROLL CALL PRESENT ABSENT Mr. Bethea √ Ms. Caldwell-Wilson √ Mr. Chester √ Ms. Holly Ward √ Ms. McBride √ Ms. Reynolds-Jackson √ Mr. Muschal √ Also in attendance:Sam Hutchinson, Business Administrator; Peter Cohen, Esq., Deputy City Attorney; Qareeb Bashir, TFD; Ralph Rivera, TPD; Cleveland Thompson; Inspections; Jim Brownlee, Health & Human Services; Luis Molinedo, Public Works; Janet Schoenhaar, Comptroller; Elana Chan, Budget Officer; Cordelia M. Staton, Deputy Municipal Clerk; Richard M. Kachmar, Municipal Clerk Invocation and flag salute were led by Mr. Kachmar. Ms. Reynolds-Jackson requested a moment of silence in memory of THA Commissioner Sandra Bishop and respectfully withdrew Resolution 13-635 from the docket. PUBLIC COMMENT Motion to open Public Comment by Mr. Muschal and stated that the comments at this time are limited to docket items only. He advised that an opportunity to speak on other issues will be provided after docket adoption. Donald Brokate spoke in favor of Res. 13-637 stating that Ms. Graff was an ideal nominee for (full) appointment on the Zoning Board and looks forward to her continued contributions to the Board Chene Ganette questioned Res. 13-642 which is the agreement with the Mercer County Prosecutor Office for a Homicide Task Force. Ms. Gannett stated there is already a shortage on our force and we cannot afford to lose our officers for this county-wide Task Force and provide adequate service to the City. Ms. Gannett opposes any city money being spent on this initiative. Motion to close Public Comment made by Mr. Muschal; seconded by Mr. Chester. PRESENTATION – NJ Economic Opportunity Act Diana Rogers, Director of the Division of Economic Development presented a Powerpoint presentation. She discussed the details of the NJEO Act and the advantages for designated cities that “opt-in”. Ms. Rogers explained what the NJEO Act is and its purpose for designated cities as follows: 11.26.13 Mtg. Page 1 of 10 „ NJ’s primary job creation and redevelopment incentive tool. „ The Economic Opportunity Act of 2013 merges the State’s economic development incentive programs with the goal of enhancing business attraction, retention and job creation efforts and strengthening New Jersey’s competitive edge in the global economy. „ The Grow New Jersey Assistance program (Grow NJ) is now the main job creation incentive program and the Economic Redevelopment and Growth Program is the State’s key developer incentive program. Both programs have been expanded and will sunset July 1, 2019. „ Base tax credit ranging from $500 to $5,000 per job, per year; bonus ranging from $250 to $3,000 per job, per year „ Expanded geographic boundaries „ Reduced capital investment and employment eligibility The ERG was established pursuant to the New Jersey Stimulus Act of 2009, P.L. 2009, c90 to provide incentive grants to developers, business and owners to capture new State and local incremental taxes derived from a project’s development to address project financing gaps. „ Increased State and local incentive grants-bonus awards to incentivize targeted development goals. „ ERG provides tax incentives for both commercial and residential development in qualified locations. On the commercial side, the credit is linked to a net-benefits test and actual incremental tax revenue generated by the project. On the residential side, the bill provides for $600 mil in tax incentives for development and redevelopment projects in qualified areas. „ Expanded geographic boundaries „ Tax credits allocated for residential projects Ms. Rogers highlighted the following reasons this program was well suited for Trenton: „ Trenton, like many urban areas in NJ have long suffered from public and private sector disinvestment „ Developers struggle to make projects work economically in Trenton, despite evidence that shows that urban centers like Trenton are the likely choice for Millennials, empty nesters, and the Creative Class. „ The cost to a developer of producing a quality product that young professionals would find desirable exceeds the market value of what a buyer is willing to pay in these urban markets. „ The Act offers opportunities for owners of small and mid size businesses to start, grow or retain operations in the City. Ms. Rogers explained what the GSGZ means: „ “Garden State Growth Zone” or “Growth Zone” means four New Jersey cities with the lowest median family income based on the 2009 American Community Survey from U.S. Census (Trenton, Camden, Passaic and Paterson) „ GSGZs are declared blighted areas and areas in need of rehabilitation, provided however, that this declaration alone shall not be used to allow any property to be taken or acquired „ The Act provides for the creation of “Garden State Growth Zone Entities” Ms. Rogers further explained the need for Garden State Growth Zones as follows: „ The State has determined that healthy, thriving municipalities are vital to the health, safety, and economic well-being of the State. „ Municipalities that are economically distressed adversely impact not only that municipality, but also affect the county and region where they are located as well as the whole state. 11.26.13 Mtg. Page 2 of 10 „ Numerous programs have been previously established to assist municipalities in economic and fiscal distress to enable them to regain health and vitality, including programs to provide increasing degrees of oversight and to provide substantial amounts of financial aid incentives. „ While these existing programs have proven successful in aiding in a number of municipalities, others are in such difficult straits that such measures have not proven sufficient. Thus, extraordinary measures are required to turn around the fate of such municipalities Ms. Rogers highlighted the benefits of being designated a GSGZ and what type of business qualifies: „ Under the ERG the Act authorizes a bonus of 10% in certain cases, up to a maximum of 30% of total project costs; 40% for projects in a GSGZ Definition of “Garden State Growth Zone Entities” „ A private corporation incorporated pursuant to Title 14A of the New Jersey Statutes, for which profits of the entity are limited „ A GSGZ Development Entity is authorized to undertake clearance, re-planning, development or redevelopment of a property within a GSGZ „ A GSGZ Development Entity that undertakes clearance, re-planning, development or redevelopment activities in a GSGZ is granted an exemption on improvements or substantial rehabilitation of structures on real property for a period of 20 years from receiving a final Certificate of Occupancy Ms. Rogers described the 20 year Tax Exemption, Time Line and Pros/Cons as follows: „ GSGZ must opt-in to such program within 90 calendar days of enactment (December 16, 2013) „ The exemption allowed by the subsection 24b of the Act shall be dependent upon (1) the owner of the real property making improvements to the real property after the enactment of the law and (2) the Division of Codes and Standards, in consultation with the eligible municipality, issuing a final Certificate within 10 years of the date of enactment. 20 Year Exemption Time Line „ For the first 10 years immediately subsequent to the issuance of a Certificate of Occupancy the GSGZ Development Entity shall be exempt from payment of taxes on the improvements to the eligible property. Thereafter, the GSGZ Development Entity shall pay to the municipality in lieu of full property tax payments an amount equal to a percentage of taxes otherwise due, according to the following schedule: „ (1) In the eleventh year after completion, 10 percent of taxes otherwise due; „ (2) In the twelfth year after completion, 20 percent of taxes otherwise due; „ (3) In the thirteenth year after completion, 30 percent of taxes otherwise due; „ (4) In the fourteenth year after completion, 40 percent of the taxes otherwise due; „ (5) In the fifteenth year after completion, 50 percent of the taxes otherwise due; „ And, so forth until 100 percent of taxes are due 20 year Tax Exemption -- Pro’s and Con’s Pros „ Streamline and expedite the processes; „ Increases the potential for development and job creation; „ GSGZ Development Entities must make real improvements on real property; „ Improvement on blighted properties have the potential to increase land and property values in surrounding areas; „ 20 year tax abatement will incentivize development and increase the tax base; „ Theoretically after 20 years the City will receive full taxes (on land and property). Cons 11.26.13 Mtg. Page 3 of 10 „ Silent on GSGZ Development that would otherwise not need an abatement. Each GSGZ Development Entity has the ability to obtain an abatement whether they need it or not. „ Silent as to whether GSGZ municipalities can place restrictions on the temporal or geographic scope of the projects. „ The automatic nature of the abatement does not allow for the municipality to conduct a cost benefit analysis to determine the efficacy of the project. „ GSGZ municipalities run the risk of companies not staying in the city after the 20th year to pay full taxes. Ms. Rogers further explained how the City will protect itself against over subscription of the tax abatement element of the program by stating that the provision of the Act governing the Garden State Growth Zones and the Garden State Growth Zone Development Entities is silent on a number of fronts. In an effort to minimize or eliminate any unintended adverse consequences of the provisions, the Department of Housing and Economic Development would consider the following: „ Amend the Ordinance with restrictive language as needed; „ Rescind the Ordinance if appropriate; „ Conduct cost benefit analysis when appropriate; „ Consider the inclusion of “Clawback” provisions Mr. Rogers summarized the presentation with the following key points: „ The NJ Economic Opportunity Act of 2013 is New Jersey’s primary job creation and development incentive program – Grow NJ and the Economic Redevelopment and Growth Program (ERG). „ Grow NJ and the ERG sunset July 1, 2019. „ Garden State Growth Zones have been designated to provide enhanced incentives to four NJ Cities with the lowest median family incomes based on the 2009 American Community Survey from the US Census. „ For the first 10 years immediately subsequent to the issuance of a Certificate of Occupancy the GSGZ Development Entity shall be exempt from payment of taxes on the improvements to the eligible property. Thereafter, the GSGZ Development Entity shall pay to the municipality in lieu of full property tax payments an amount equal to a percentage of taxes otherwise due in escalating increments of 10 percent for each year from year eleven to year twenty. „ GSGZ Municipalities must opt-in to the 20 year tax exemption program within 90 calendars of passage of the Act – December 16, 2013. „ A special meeting of the council is required for 2nd read and public hearing. A special meeting is requested for December 6, 2013. CIVIC COMMENTS Motion to open civic comment was made by Mr. Muschal; seconded by Mr. Chester Ms. Caldwell Wilson announced the Mill Hill Holiday House Tour on December 7 and encouraged the public to attend Mr. Chester expressed his outrage for the misinformation given to Council by Anthony Roberts regarding the private funding of the Thanksgiving Parade and then received correspondence showing that the City cover all the costs and was reimbursed by anonymous donors. He called for an immediate investigation of this act because this unauthorized use of city funds is improper and possibly illegal. He requested to Clerk to draft a letter to the Prosecutor’s Office for fact-finding in this matter Ms. McBride announced the 4th Annual Multicultural Celebration on December and invited the public to view the various display in the Atrium starting December 10 through December 31, 2013 11.26.13 Mtg. Page 4 of 10 Mrs. Reynolds Jackson extended Thanksgiving greetings to everyone. Ms. Holly Ward extended Thanksgiving greetings and concurred with Mr. Chester regarding the need for further investigation into the Parade funding and the authorization/process for use of city funds Ms. Caldwell Wilson stated she was also in agreement with Mr. Chester for further investigation by the Prosecutor’s Office of the process and procedures used for the funding of the Parade Mr. Muschal extended Thanksgiving greetings and concurred with Mr. Chester regarding the need for further investigation into the Parade funding and the authorization process for use of city funds. He added that the Police Department did not issue the required permit for the parade and that was a violation as well. Mr. Muschal also spoke about the two officers injured in a car accident earlier that day and was appalled to know that no one from Administration showed up at the hospital for support or concern of these officers. Mrs. Reynolds Jackson requested a copy of all reguisitons and purchase orders generated by the Recreation Department from June 2013 to present. Ms. Holly-Ward advised Council that she is in the process of drafting an ordinance requiring criminal and credit reports on elected officials. Motion to close civic comment made by Mr. Muschal. 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Spear, Greenfield & Richman, P.C., Scott Coyle, Paralegal, Ste. 1800, 230 South Broad Street, Philadelphia, PA 19102- Representing Maggie Combs, 237 Oakland Street – 4th fl, Trenton, NJ – Filed a claim against the City of Trenton for personal injury. 1b Tort Claim Notice – Michael Mennuti, 89 Englewood Boulevard, Hamilton, NJ – Filed a claim for personal injury against the City of Trenton, City of Trenton Police Department, et. als. 1c Tort Claim Notice – Patrick J. Whalen, Esq., LLC, 109 S. Warren Street, PO Box 23653, Trenton, NJ – Representing Taeshawn Snow, on behalf of Raevon Baker (minor) – Filed claim against the City of Trenton for personal injury. 1d Tort Claim Notice – Patrick J. Whalen, Esq. LLC, 109 S. Warren Street, PO Box 23653, Trenton, NJ – Representing Taniya Frederick and Tahasia Reed – Filed claim against the City of Trenton for personal injury. 1e Tort Claim – Pellettieri Rabstein & Altman Counsellors at Law – Representing Lilquis Johnson by his GAL, Daisy Johnson – Filed claim against the City of Trenton for personal injury. 1f Tort Claim – Billie Cheston, 8 Eisenhower Avenue, Apt. #3C, Trenton, NJ – Filed claim against the City of Trenton for personal injury. 1g Tort Claim – Kelley V. Gunn, 32 Westbriar Drive, Hampton, VA – Filed a claim against the City of Trenton for property damage. 1h Tort Claim – Summerwood Corporation, 14 Balligomingo Road, Conshohocken, PA – Filed a claim against the City of Trenton for other damages. 1i Tort Claim – Gilbert K. Bell, 309 Euclid Avenue, Trenton, NJ – Filed a claim against the City of Trenton for other damages. 1j Tort Claim Notice – Craig A. Altman, 1173 East Landis Avenue Front, Suite 109, Vineland, NJ – Representing George Aikens, 8 Frazier Street, Apt 3A, Trenton, NJ – Filed a claim against the City of Trenton for damages. 1k Tort Claim Notice – Kenneth W. Thayer, Esq., 850 West Bear Tavern Road, Ste. 308, West Trenton, NJ – Representing Thomasene Chojnowski, 44 Western Avenue, Ewing, NJ – Filed claim against the City of Trenton for injuries and damages. 1l Civil Action Summons – Mortgage Foreclosure Complaint – NATIONSTAR MORTGAGE, LLC v. Rayel A. Sample, City of Trenton, et. als. 1m Civil Action Summons – Mortgage Foreclosure Complaint – NATIONSTAR MORTGAGE, LLC v. Charles S. Howard, City of Trenton, et. als. 1n Civil Action Taxpayer Complaint – MacMurray Enterprises, LLC v. City of Trenton (144 West State Street – Block 3504, Lot 31). 1o Civil Action Taxpayer Complaint - John McCormack v. City of Trenton (1604 Chestnut Avenue -Block 18502, Lot 26). 1p Civil Action Taxpayer Complaint – Peoples Bakery, Inc. v. City of Trenton (59-63 Butler Street – Block 15606, Lot 53). 1q Notice of Sheriff’s Sale – New Jersey Housing and Mortgage Finance Agency v. Ramona J. Seiber et.al. (320 Bert Avenue, Trenton, NJ). 1r Comcast Notice effective January 21, 2014, they will begin encrypting Limited Basic service on the cable system in the area. 11.26.13 Mtg. Page 5 of 10 1s Township of Lawrence Amendment to Land Use Ordinance with attached Ordinance No. 2166-13. 1t The Mercer County Planning Board Meeting Notice for November 13, 2013, with Minutes and Agenda attached. 1u Trenton Housing Authority Meeting Notice for November 13, 2013, with attached Agenda. 1v Rutgers Survey of Energy Efficiency in Commercial/Multifamily Buildings to identify efficiency trends and educate about energy efficient buildings. 1w Comcast notification of proposed price changes effective January 1, 2014 for services and equipment. 1x NJ DEP Remedial Action Outcome: Location Reither Brothers Garage, 1570 Princeton Avenue, Trenton, NJ. 1y Hamilton Township copy of proposed Ordinance 13-044 – Amending and Supplementing The Land Development Code of Hamilton Township. 1z Best Practices Worksheet in support of Resolution 13-632 presented by Councilwoman Verlina Reynolds-Jackson. 1aa NJ DEP Receptor Evaluation Form and supporting documentation: Site 801 North Olden Avenue Trenton, LLC a/ka Former Exxon Facility 3-9787 2. REPORTS 2a City Clerk’s Office – Submitting the monthly revenue report for the month of October, 2013 for funds collected by the City Clerk’s staff and deposited with the Finance Department a total of $5,960.55. 2b City Clerk’s Office – Submitting notice of a raffle application filed by MVC Social Activities Club for approval to hold 50/50 On Premise Raffles from January, 2014 through December, 2014. 3. MINUTES FOR APPROVAL 2013 Budget Meeting, October 29, 2013 Regular Meeting, November 7, 2013 Budget Meeting, November 12, 2013 Budget Meeting, November 13, 2013 Budget Meeting, November 14, 2013 Motion to accept Communications and Petitions, Reports and Minutes moved by Ms. Caldwell Wilson; seconded by Mr. Muschal and passed with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea √ • Ms. Caldwell-Wilson • Mr. Chester • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • 4. RESOLUTIONS FOR ADOPTION 13-480 RESOLUTION AMENDING THE CONTACT WITH CLARKE CANTON HINTZ TO PERFORM A REDEVELOPMENT INVESTIGATION OF THE BELLEVUE/RUTHERFORD STUDY AREA 13-632 RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY2014 TEMPORARY BUDGETS OF THE CITY OF TRENTON ($150,000) 13-633 RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-26(E), N.J.S.A. 40A:3-1 AND N.J.S.A. 58:11B-9(A) ($24,500,000) 13-634 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE 1111-33- 078-006, URBAN WORD LLC, 439-451 S. BROAD STREET, FOR THE 2013-2014 LICENSING PERIOD 13-635 RESOLUTION AMENDING RESOLUTION 12-104 AUTHORIZING THE RE-APPOINTMENT OF SANDRA E. BISHOP AS A MEMBER OF THE TRENTON HOUSING AUTHORITY 13-636 RESOLUTION AMENDING RESOLUTION 10-378 AUTHORIZING THE RE-APPOINTMENT OF DARLENE WELDON AS A MEMBER OF THE TRENTON HOUSING AUTHORITY 13-637 RESOLUTION APPOINTING CAROL S. GRAFF AS A MEMBER OF THE ZONING BOARD OF ADJUSTMENTFOR AN UNEXPIRED TERM 11.26.13 Mtg. Page 6 of 10 13-638 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 490 WEST STATE STREET (ACCOUNT #614-2673-303) DUE TO NON-ENTRY OF WATER INTO THE SEWER SERVICE ($531.63) 13-639 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL ACTION IN THE MATTER OF MARSHALL INDUSTRIAL TECHNOLOGIES INC V. CITY OF TRENTON, ET AL. ($31,346.50) 13-640 RESOLUTION CLOSING MUNICIPAL BUILDINGS ON CERTAIN HOLIDAYS IN 2014 OBSERVED BY THE CITY OF TRENTON 13-641 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT WITH THE LAW OFFICES OF BECKER MEISEL ATTORNEYS AT LAW, WOODLAND FALLS, 220 LAKE DRIVE EAST, SUITE 102, CHERRY HILL, NJ 08002 TO PROVIDE PROFESSIONAL LEGAL REPRESENTATION REGARDING THE LAFAYETTE BANKRUPTCY LITIGATION ($150,000) 13-642 RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF A FISCAL YEAR 2014 HOMICIDE TASK FORCE AGREEMENT PROVIDED BY THE MERCER PROSECUTOR’S OFFICE TO THE CITY OF TRENTON, NEW JERSEY POLICE DEPARTMENT 13-643 RESOLUTION AUTHORIZING THE PURCHASE OF THIRTEEN (13) DELL COMPUTERS, MONITORS AND REQUIRED ACCESSORIES FOR THE CITY OF TRENTON POLICE DEPARTMENT, DIVISION OF COMMUNICATIONS THROUGH WESTERN STATE CONTRACTING ALLIANCE (WSCA) #70256 FROM DELL COMPUTER; C/O DELL US ALP, P.O. BOX 643561, PITTSBURGH, PA 15264-3561 – AMOUNT NOT TO EXCEED $23,073.05 13-644 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH TED DOLCI, INC., 340 PATTERSON AVENUE, HAMILTON, NJ 08618 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A SIX INCH WATER MAIN ON KUSER ROAD AND LEONARD AVENUE, HAMILTON TOWNSHIP, NJ 08610 ($37,911) 13-645 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO H.D. SUPPLY WATERWORKS, LTD., 228 WILLIAMSTOWN ROAD, BERLIN, NEW JERSEY 08009 FOR THE FURNISHING AND DELIVERY OF COLD WATER METERS SENSUS IPERL AND OMNI C2 TYPE OR EQUIVALENT FOR A PERIOD OF ONE (1) YEAR FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, - TOTAL AMOUNT $158,230.00 (BID 2013-59) 13-646 RESOLUTION AUTHORIZING THE PURCHASE OF ONE HUNDRED (100) DELL DESKTOP COMPUTERS AND REQUIRED ACCESSORIES FOR THE CITY OF TRENTON, DEPARTMENT OF ADMINISTRATION THROUGH WESTERN STATE CONTRACTING ALLIANCE (WSCA)/NASPO #70256 FROM DELL COMPUTER, C/O DELL USA LP, P.O. BOX 643561, PITTSBURGH, PA 15264 IN THE AMOUNT NOT TO EXCEED $120,170 13-647 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO USA ENVIRONMENTAL MANAGEMENT INCORPORATED, 344 WEST STATE STREET, TRENTON, NEW JERSEY 08618 FOR ENVIRONMENTAL REMEDIATION SERVICES FOR FORMER FEDERATED METALS PROPERTY, 300 ENTERPRISE AVENUE, TRENTON, NEW JERSEY (BLOCK 23102, LOT 9) FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT IN THE TOTAL AMOUNT OF $405,200.00 (BID 2013-57) 13-648 RESOLUTION IN SUPPORT OF NEW JERSEY BEST PRACTICES REQUIRING ELECTED AND APPOINTED OFFICIALS TO ATTEND LOCAL GOVERNANCE SEMINARS AND TRAINING CLASSES. Ms. Reynolds explained the purpose and benefits of Resolution 13-648 for the City and its officials. 13-649 RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:3-1 et seq. With the exception of Res. 13-480, 13-642 which were pulled and Res. 13-635 which was withdrawn, a motion to move the docket in unison was made by Mr. Chester; seconded Mr. Muschal and approved with the following vote: 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ • Ms. Holly-Ward • 11.26.13 Mtg. Page 7 of 10 Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • 5. ORDINANCES: Public Hearing and Second Reading 13-53 ORDINANCE ESTABLISHING A SIGN POLICY FOR THE PROMOTION OF SAFE PASSAGE FOR THE PUBLIC USE OF COMMERCIAL ESTABLISHMENTS AND PUBLIC PLACES Motion to Open Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson No public comment received. Motion to Close Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson Motion to ADOPT Ord.13-53 by Mr. Chester; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-53 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • 13-54 ORDINANCE CREATING THE POSITION OF POLICE CHAPLAIN FOR THE TRENTON POLICE DEPARTMENT Motion to Open Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson Chene Ganette had questions regarding the Police Chaplain being a paid position. Director Rivera explained that Police Chaplains serve on a volunteer basis. There is no cost to the City. Motion to Close Public Hearing by Mr. Chester; seconded by Ms. Caldwell-Wilson Motion to ADOPT Ord. 13-54 by Ms. Reynolds-Jackson; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-54 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • 13-55 AN ORDINANCE AMENDING CHAPTER 20, REVISED GENERAL ORDINANCES, SECTION 20-4.12 FIRE DEPARTMENT FEES AND THE IMPLEMENTATION OF A FEE SCHEDULE FOR THE OFFICE OF EMERGENCY MANAGEMENT. 11.26.13 Mtg. Page 8 of 10 Motion to Open Public Hearing by Mr. Chester; seconded by Ms. Holly-Ward Chene Ganette had questions regarding the proposed fees and asked why the fees weren’t budget for instead of passing cost to residents. Director Bashir explained that the service providing fire reports is done on an “as needed” basis and the fees reflect the support time needed to complete request. Motion to Close Public Hearing by Mr. Chester; seconded by Ms. Holly-Ward Motion to ADOPT Ordinance 13-55 by Mr. Chester; seconded by Ms. McBride and adopted by the following vote: ORDINANCE 13-55 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • Introduction and First Reading 13-56 AN ORDINANCE ESTABLISHING AN AMERICANS WITH DISABILITIES ACT COMMITTEE FOR THE CITY OF TRENTON Motion to INTRODUCE ORD. 13-56 by Ms. Caldwell Wilson: seconded by Mr. Chester and passed by the following vote: ORDINANCE 13-56 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson √ • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal • 13-57 ORDINANCE APPROPRIATING AND REALLOCATING $1,765,255.53 FROM GRANTS PROVIDED BY THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE RECONSTRUCTION OF VARIOUS ROADS IN AND BY THE CITY OF TRENTON, I THE COUNTY OF MERCER, NEW JERSEY Motion to INTRODUCE ORD. 13-57 by Mr. Chester; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-57 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester √ • Ms. Holly-Ward • Ms. McBride • Ms. Reynolds-Jackson • Mr. Muschal √ • 11.26.13 Mtg. Page 9 of 10 13-58 0RDINANCE AMENDING AND SUPPLEMENTING CHAPTER 268 OF THE TRENTON MUNICIPAL CODE TO INCORPORATE THE EXEMPTION OF IMPROVEMENTS TO REAL PROPERTY FROM TAXATION WITHIN THE CITY OF TRENTON IN ACCORDANCE WITH THE NEW JERSEY ECONOMIC OPPORTUNITY ACT OF 2013. Motion to INTRODUCE ORD. 13-58 by Ms. McBride; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-58 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester • Ms. Holly-Ward • Ms. McBride √ • Ms. Reynolds-Jackson • Mr. Muschal √ • 13-59 BOND ORDINANCE PROVIDING FOR THE CLEANING AND LINING PROGRAM FOR THE WATER UTILITY IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY APPROPRIATING $24,500,000 THEREFOR BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF Motion to INTRODUCE ORD. 13-58 by Ms. McBride; seconded by Mr. Muschal and passed by the following vote: ORDINANCE 13-59 1st 2nd AYE NAY ABSTAIN ABSENT Mr. Bethea • Ms. Caldwell-Wilson • Mr. Chester • Ms. Holly-Ward • Ms. McBride √ • Ms. Reynolds-Jackson • Mr. Muschal √ • The 2nd Reading and Public Hearing for Ordinances 13-56, 13-57 and 13-59 will be held on Tuesday, December 17, 2013. The 2nd Reading and Public Hearing for Ordinance 13-58 will be held on Monday, December 9, 2013. Motion to adjourn by Mr. Muschal. Meeting adjourned at 7:00 p.m. RESPECTFULY SUBMITTED BY: RICHARD M. KACHMAR MUNICIPAL CLERK Accepted by Council on December 5, 2013: ____________________________________ GEORGE P. MUSCHAL COUNCIL PRESIDENT 11.26.13 Mtg. Page 10 of 10

Agenda

CITY COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 319 EAST STATE STREET, TRENTON, NEW JERSEY TUESDAY, NOVEMBER 26, 2013 AT 5:30 P.M. AGENDA STATEMENT: Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act, pursuant to Public Laws 1975, Chapter 231. The Agenda for this meeting was sent to the Trenton Times Newspaper, posted on the first floor bulletin board in City Hall, and filed in the City Clerk’s Office on November 22, 2013. I CALL TO ORDER II ROLL CALL III INVOCATION AND FLAG SALUTE IV PUBLIC COMMENT (Comments should be limited to 3 minutes) V PRESENTATION: NJ Economic Opportunity Application Walter Denson, Director, Department of Housing & Economic Development Diana Rogers, Director, Division of Economic Development VI CIVIC COMMENTS VII DOCKET REVIEW AND ADOPTION VIII ADJOURN DOCKET TUESDAY, NOVEMBER 26, 2013 1. COMMUNICATIONS AND PETITIONS 1a Tort Claim – Spear, Greenfield & Richman, P.C., Scott Coyle, Paralegal, Ste. 1800, 230 South Broad Street, Philadelphia, PA 19102- Representing Maggie Combs, 237 Oakland Street – 4th fl, Trenton, NJ – Filed a claim against the City of Trenton for personal injury. 1b Tort Claim Notice – Michael Mennuti, 89 Englewood Boulevard, Hamilton, NJ – Filed a claim for personal injury against the City of Trenton, City of Trenton Police Department, et. als. 1c Tort Claim Notice – Patrick J. Whalen, Esq., LLC, 109 S. Warren Street, PO Box 23653, Trenton, NJ – Representing Taeshawn Snow, on behalf of Raevon Baker (minor) – Filed claim against the City of Trenton for personal injury. 1d Tort Claim Notice – Patrick J. Whalen, Esq. LLC, 109 S. Warren Street, PO Box 23653, Trenton, NJ – Representing Taniya Frederick and Tahasia Reed – Filed claim against the City of Trenton for personal injury. 1e Tort Claim – Pellettieri Rabstein & Altman Counsellors at Law – Representing Lilquis Johnson by his GAL, Daisy Johnson – Filed claim against the City of Trenton for personal injury. 1f Tort Claim – Billie Cheston, 8 Eisenhower Avenue, Apt. #3C, Trenton, NJ – Filed claim against the City of Trenton for personal injury. 1g Tort Claim – Kelley V. Gunn, 32 Westbriar Drive, Hampton, VA – Filed a claim against the City of Trenton for property damage. 1h Tort Claim – Summerwood Corporation, 14 Balligomingo Road, Conshohocken, PA – Filed a claim against the City of Trenton for other damages. 1i Tort Claim – Gilbert K. Bell, 309 Euclid Avenue, Trenton, NJ – Filed a claim against the City of Trenton for other damages. 1j Tort Claim Notice – Craig A. Altman, 1173 East Landis Avenue Front, Suite 109, Vineland, NJ – Representing George Aikens, 8 Frazier Street, Apt 3A, Trenton, NJ – Filed a claim against the City of Trenton for damages. 1k Tort Claim Notice – Kenneth W. Thayer, Esq., 850 West Bear Tavern Road, Ste. 308, West Trenton, NJ – Representing Thomasene Chojnowski, 44 Western Avenue, Ewing, NJ – Filed claim against the City of Trenton for injuries and damages. 1l Civil Action Summons – Mortgage Foreclosure Complaint – NATIONSTAR MORTGAGE, LLC v. Rayel A. Sample, City of Trenton, et. als. 1m Civil Action Summons – Mortgage Foreclosure Complaint – NATIONSTAR MORTGAGE, LLC v. Charles S. Howard, City of Trenton, et. als. 1n Civil Action Taxpayer Complaint – MacMurray Enterprises, LLC v. City of Trenton (144 West State Street – Block 3504, Lot 31). 1o Civil Action Taxpayer Complaint - John McCormack v. City of Trenton (1604 Chestnut Avenue - Block 18502, Lot 26). 1p Civil Action Taxpayer Complaint – Peoples Bakery, Inc. v. City of Trenton (59- 63 Butler Street – Block 15606, Lot 53). 1q Notice of Sheriff’s Sale – New Jersey Housing and Mortgage Finance Agency v. Ramona J. Seiber et.al. (320 Bert Avenue, Trenton, NJ). 1r Comcast Notice effective January 21, 2014, they will begin encrypting Limited Basic service on the cable system in the area. 1s Township of Lawrence Amendment to Land Use Ordinance with attached Ordinance No. 2166-13. 1t The Mercer County Planning Board Meeting Notice for November 13, 2013, with Minutes and Agenda attached. 1u Trenton Housing Authority Meeting Notice for November 13, 2013, with attached Agenda. 1v Rutgers Survey of Energy Efficiency in Commercial/Multifamily Buildings to identify efficiency trends and educate about energy efficient buildings. 1w Comcast notification of proposed price changes effective January 1, 2014 for services and equipment. 1x NJ DEP Remedial Action Outcome: Location Reither Brothers Garage, 1570 Princeton Avenue, Trenton, NJ. 1y Hamilton Township copy of proposed Ordinance 13-044 – Amending and Supplementing The Land Development Code of Hamilton Township. 1z Best Practices Worksheet in support of Resolution 13-632 presented by Councilwoman Verlina Reynolds-Jackson. 1aa NJ DEP Receptor Evaluation Form and supporting documentation: Site 801 North Olden Avenue Trenton, LLC a/ka Former Exxon Facility 3-9787 2. REPORTS 2a City Clerk’s Office – Submitting the monthly revenue report for the month of October, 2013 for funds collected by the City Clerk’s staff and deposited with the Finance Department a total of $5,960.55. 2b City Clerk’s Office – Submitting notice of a raffle application filed by MVC Social Activities Club for approval to hold 50/50 On Premise Raffles from January, 2014 through December, 2014. 3. MINUTES FOR APPROVAL 2013 Budget Meeting, October 29, 2013 Regular Meeting, November 7, 2013 Budget Meeting, November 12, 2013 Budget Meeting, November 13, 2013 Budget Meeting, November 14, 2013 4. RESOLUTIONS FOR ADOPTION 13-480 RESOLUTION AMENDING THE CONTACT WITH CLARKE CANTON HINTZ TO PERFORM A REDEVELOPMENT INVESTIGATION OF THE BELLEVUE/RUTHERFORD STUDY AREA 13-632 RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY2014 TEMPORARY BUDGETS OF THE CITY OF TRENTON ($150,000) 13-633 RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-26(E), N.J.S.A. 40A:3-1 AND N.J.S.A. 58:11B-9(A) ($24,500,000) 13-634 RESOLUTION GRANTING RENEWAL OF ALCOHOLIC BEVERAGE CONSUMPTION LICENSE 1111-33-078-006, URBAN WORD LLC, 439-451 S. BROAD STREET, FOR THE 2013-2014 LICENSING PERIOD 13-635 RESOLUTION AMENDING RESOLUTION 12-104 AUTHORIZING THE RE- APPOINTMENT OF SANDRA E. BISHOP AS A MEMBER OF THE TRENTON HOUSING AUTHORITY 13-636 RESOLUTION AMENDING RESOLUTION 10-378 AUTHORIZING THE RE- APPOINTMENT OF DARLENE WELDON AS A MEMBER OF THE TRENTON HOUSING AUTHORITY 13-637 RESOLUTION APPOINTING CAROL S. GRAFF AS A MEMBER OF THE ZONING BOARD OF ADJUSTMENTFOR AN UNEXPIRED TERM 13-638 RESOLUTION AUTHORIZING THE REDUCTION OF SEWER CHARGES AT 490 WEST STATE STREET (ACCOUNT #614-2673-303) DUE TO NON-ENTRY OF WATER INTO THE SEWER SERVICE ($531.63) 13-639 RESOLUTION AUTHORIZING SETTLEMENT OF A CIVIL ACTION IN THE MATTER OF MARSHALL INDUSTRIAL TECHNOLOGIES INC V. CITY OF TRENTON, ET AL. ($31,346.50) 13-640 RESOLUTION CLOSING MUNICIPAL BUILDINGS ON CERTAIN HOLIDAYS IN 2014 OBSERVED BY THE CITY OF TRENTON 13-641 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT WITH THE LAW OFFICES OF BECKER MEISEL ATTORNEYS AT LAW, WOODLAND FALLS, 220 LAKE DRIVE EAST, SUITE 102, CHERRY HILL, NJ 08002 TO PROVIDE PROFESSIONAL LEGAL REPRESENTATION REGARDING THE LAFAYETTE BANKRUPTCY LITIGATION ($150,000) 13-642 RESOLUTION AUTHORIZING THE APPLICATION AND ACCEPTANCE OF A FISCAL YEAR 2014 HOMICIDE TASK FORCE AGREEMENT PROVIDED BY THE MERCER PROSECUTOR’S OFFICE TO THE CITY OF TRENTON, NEW JERSEY POLICE DEPARTMENT 13-643 RESOLUTION AUTHORIZING THE PURCHASE OF THIRTEEN (13) DELL COMPUTERS, MONITORS AND REQUIRED ACCESSORIES FOR THE CITY OF TRENTON POLICE DEPARTMENT, DIVISION OF COMMUNICATIONS THROUGH WESTERN STATE CONTRACTING ALLIANCE (WSCA) #70256 FROM DELL COMPUTER; C/O DELL US ALP, P.O. BOX 643561, PITTSBURGH, PA 15264-3561 – AMOUNT NOT TO EXCEED $23,073.05 13-644 RESOLUTION AUTHORIZING PAYMENT FOR A CONTRACT WITH TED DOLCI, INC., 340 PATTERSON AVENUE, HAMILTON, NJ 08618 WHICH WAS AWARDED ON AN EMERGENCY BASIS FOR THE REPAIR OF A SIX INCH WATER MAIN ON KUSER ROAD AND LEONARD AVENUE, HAMILTON TOWNSHIP, NJ 08610 ($37,911) 13-645 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO H.D. SUPPLY WATERWORKS, LTD., 228 WILLIAMSTOWN ROAD, BERLIN, NEW JERSEY 08009 FOR THE FURNISHING AND DELIVERY OF COLD WATER METERS SENSUS IPERL AND OMNI C2 TYPE OR EQUIVALENT FOR A PERIOD OF ONE (1) YEAR FOR THE CITY OF TRENTON, DEPARTMENT OF PUBLIC WORKS, - TOTAL AMOUNT $158,230.00 (BID 2013-59) 13-646 RESOLUTION AUTHORIZING THE PURCHASE OF ONE HUNDRED (100) DELL DESKTOP COMPUTERS AND REQUIRED ACCESSORIES FOR THE CITY OF TRENTON, DEPARTMENT OF ADMINISTRATION THROUGH WESTERN STATE CONTRACTING ALLIANCE (WSCA)/NASPO #70256 FROM DELL COMPUTER, C/O DELL USA LP, P.O. BOX 643561, PITTSBURGH, PA 15264 IN THE AMOUNT NOT TO EXCEED $120,170 13-647 RESOLUTION ACCEPTING A BID AND AWARDING A CONTRACT TO USA ENVIRONMENTAL MANAGEMENT INCORPORATED, 344 WEST STATE STREET, TRENTON, NEW JERSEY 08618 FOR ENVIRONMENTAL REMEDIATION SERVICES FOR FORMER FEDERATED METALS PROPERTY, 300 ENTERPRISE AVENUE, TRENTON, NEW JERSEY (BLOCK 23102, LOT 9) FOR THE DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT IN THE TOTAL AMOUNT OF $405,200.00 (BID 2013-57) 13-648 RESOLUTION IN SUPPORT OF NEW JEREY BEST PRACTICES REQUIRING ELECTED AND APPOINTED OFFICIALS TO ATTENDLOCAL GOVERNANCE SEMINARS AND TRAINING CLASSES 5. ORDINANCES: Public Hearing and Second Reading 13-52 ORDINANCE ESTABLISHING A SIGN POLICY FOR THE PROMOTION OF SAFE PASSAGE FOR THE PUBLIC USE OF COMMERCIAL ESTABLISHMENTS AND PUBLIC PLACES 13-53 AN ORDINANCE CREATING THE POSITION OF POLICE CHAPLAIN FOR THE TRENTON POLICE DEPARTMENT 13-54 AN ORDINANCE AMENDING CHAPTER 20, REVISED GENERAL ORDINANCES, SECTION 20-4.12 FIRE DEPARTMENT FEES AND THE IMPLEMENTATION OF A FEE SCHEDULE FOR THE OFFICE OF EMERGENCY MANAGEMENT. Introduction and First Reading 13-55 AN ORDINANCE ESTABLISHING AN AMERICANS WITH DISABILITIES ACT COMMITTEE FOR THE CITY OF TRENTON 13-56 ORDINANCE APPROPRIATING AND REALLOCATING $1,765,255.53 FROM GRANTS PROVIDED BY THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE RECONSTRUCTION OF VARIOUS ROADS IN AND BY THE CITY OF TRENTON, I THE COUNTY OF MERCER, NEW JERSEY 13-57 ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 268 OF THE TRENTON MUNICIPAL CODE TO INCORPORATE THE EXEMPTION OF IMPROVEMENTS TO REAL PROPERTY FROM TAXATION WITHIN THE CITY OF TRENTON IN ACCORDANCE WITH THE NEW JERSEY ECONOMIC OPPORTUNITY ACT OF 2013. 13-58 BOND ORDINANCE PROVIDING FOR THE CLEANING AND LINING PROGRAM FOR THE WATER UTILITY IN AND BY THE CITY OF TRENTON, IN THE COUNTY OF MERCER, NEW JERSEY APPROPRIATING $25,5000,000 THEREFOR BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST THEREOF 13-59 RESOLUTION OF THE CITY OF TRENTON MAKING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:3-1 et seq.

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