COUNCIL CONFERENCE MEETING MINUTES MARCH 17, 2009 CITY HALL 5:00 PM A Conference Meeting of the City Council of the City of Trenton, New Jersey, was held on the above date at 5:11 p.m. in the Council Conference Room, City Hall. The meeting was called to order by Council President Paul M. Pintella. Council President announced that adequate public notice had been provided to the public specifying the time and place for this meeting in accordance with the Open Public Meeting Act. FY 2008-2009 annual notice was mailed to the Times and the Trentonian Newspapers, posted on the first floor bulletin board in City Hall, and filed in the City Clerk s Office on June 19, 2008 by Resolution No. 08-341. The agenda for this meeting was mailed, posted and filed on March 13, 2009. ROLL CALL: PRESENT: ABSENT: Messrs. Bethea, Coston, Ms. Lartigue (arrived at 5:14 pm), Messrs. Melone, Segura (arrived at 5:14 pm), Ms. Staton, Mr. Pintella 7. None Mrs. Juanita M. Joyner, Acting City Clerk made a statement on the petition for the sale of the Water Infrastructure. She stated that the City Clerk s office had received an order from Judge Fienberg declaring that the petition was null and void and directing the City Clerk to take no further action. The City Clerk received the order (today) March 17, 2009 around 11:15 am. Mr. Joseph Alacqua explained the meaning of the no further action order. PRESENTATION: 1. Status on Appearance: Mr. Edward McManimon, McManimon & Scottland, Bond Counsel for the City Mr. Dennis Gonzalez, Acting Business Administrator Mr. Joseph McIntyre, General Superintendent Mr. McManimon stated that yesterday based on the presentation and various briefs and arguments Judge Fienberg ruled that the petition submitted by the petitioners was, as a matter of law, null and void. The petition was ruled legally insubmissable, and as a result there is nothing to certify. The City is proceeding with the sale of the Water Infrastructure. The petitioners have the right to appeal this decision but it is the view of Bond Counsel that it would be very difficult to appeal this matter. City Council Conference: Minutes March 17, 2009 1
Mr. Gonzalez, Acting Business Administrator, stated that the City is moving forward in presenting this to BPU for final approval. A meeting is scheduled with the Director of Local Government Services, Department of Community Affairs to discuss what options the City has with respect to the Budget and the tax rate. Council President Pintella advised Administration that a tax rate increase of $1.09 was not something Council would consider. Mr. Gonzalez stated that Administration was asking City Council not to take action on the Budget amendments until after the meeting with DCA. A detailed discussion was followed by a question and answer period. Questions asked by Council members included the following: Time line for the approval of the budget Time line for amendments Feasibility study done on the sale of the Water Infrastructure Raising water rates Use of the water surplus by the City Council recessed at 5:50 pm and moved into the Council Chambers in order to accommodate the number of people present. Council reconvened at 6:05 pm in Chambers. Motion was made by Council President Pintella to go into Public Comments, seconded by Councilwoman Staton, carried by unanimous vote of Council. PUBLIC COMMENTS: Chris Brashier, 2 Hilvista Boulevard. Formed a group Save Trenton, Citizens United for a Fiscal Transparency - spoke against the sale of the Water Infrastructure; also spoke on the financial problems the City has due to the State not paying their share. Submitted a typed document with information on the group. Paul Harris, 137 Centre Street Submitted to City Council a document he prepared concerning budget cuts. He explained his document for the benefit of the public. He felt that city employees should not have received pay raises when the City was laying people off. Brian Viehland, 119 Kensington Avenue A member of the Save Trenton would like a Citizen Advisory Council formed to review and make recommendations on the budget; would like a deadline date set by Council for when the budget should be submitted. Leo Lagrier, 313 Rutherford Avenue Asked Council Where is the will to improve the conditions that we see in our City? Our communities are in an emergency. City Council Conference: Minutes March 17, 2009 2
Edward Hill, 537 Rutherford Avenue Spoke on behalf of the Rutherford Heights Civic Association Complained about the drug problem being caused by the liquor store and the store on the corner of Rutherford and Prospect Streets. Kevin Williams, 244 Jackson Street Complained about the way the City handled the Water Infrastructure sale and the information being posted on the City Wed-page to scare the residents; he stated that the petition was posted on a web-page and it was not a public document because the City Clerk had not certified it and the matter should be looked into; he also made a comment about an article printed on the Trentonian about some of the Mill Hill Residents burning a cross; he said that character assassination should be taken very seriously. Tamara Williams, 244 Jackson Street Spoke of her concerns about the Water deal and the problem with the City budget; the City should be developing our City and not worrying about developing parking lots; complained about outside developers not hiring laborers from the City. Expressed her concerns on how the City Clerk s Office handled the petition on the Water sale. She felt it should be looked into. Acting City Clerk, Mrs. Juanita M. Joyner stated that the City Clerk s Office has not released any names or numbers concerning the petition to anyone. She assured Mrs. Williams that she did not know how a copy of the petition was posted on a web site. Mrs. Joyner said that a copy was given to the Law Department. The petition is a public document and anyone interested may request a copy by filing an OPRA request form. Algernon Ward, 688 Dr. M.L.K., Jr. Blvd. Stated that he is one of the petitioners on the petition for the Water Sale; he expressed his feeling on the deal the City made and the way the City handled things. There are no winners here, no one won. I see a long line of losers. Also stated that the City lost the ability to raise funds by selling water to outside municipalities. Christian A. Born, 125 Second Street He spoke in support of Michael McGrath and the petition; he felt it was crazy for Judge Fienberg to say that the petition was illegal; he stated that the petition is not a public document until the City s Clerk certified it. There should be an investigation of the City Clerk and the fact that Mr. Dennis Gonzalez was certifying signatures. He spoke on the decision Judge Fienberg made with regards to the water sale. Daryl Brooks, - Spoke on the Leadership Program Today s News has developed and some of the activities they have scheduled. Roland Pott, 113 S. Montgomery Street Appeared before Council to speak of his interest in redeveloping property in the City; property taxes City Council recessed and reconvened in the Conference Room at 7:43 pm. City Council Conference: Minutes March 17, 2009 3
DOCKET REVIEW: Appearance: Renee Haynes, Chief of Staff Jane Feigenbaum, Business Administrator Motion was made by Councilman Melone that all Communications, Petitions and Reports be accepted and referred to the proper departments, by a consent vote of City Council, seconded by Councilwoman Staton and carried by vote of City Council: Ayes: Nay: Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella None 2. COMMUNICATIONS AND PETITIONS 2a - 2b - 2c - 2d - 2e - 2f - 2g - 2h - 2i - 2j - Roger S. Denton, 1011 Greenwood Avenue, Trenton submitting Claim for Damages against the City of Trenton. (property damage) Civil Action (summons) in the matter of Shawn and Cindy Klinewski vs. Rencor, Inc. Civil Action in the matter of Fitzpatrick vs. CTC Contractors, et als. Civil Action in the matter of William Mulryne vs. Juanita M. Joyner, Acting City Clerk. Harry Haushalter, Attorney at Law, 2119 Route #33, Hamilton Sq., New Jersey submitting a Complaint in the matter of Trenton Convalescent Center Affil. vs. City of Trenton. Civil Action (summons) in the matter of Countrywide Home Loans Servicing LP vs. Lewis Williams, et als. Civil Action (summons) in the matter of Barbara Gelman vs. Emily Fisher Charter School of Advanced Studies, et als. The Meredith Havens, Fire Museum of Trenton, 244 Perry Street, Trenton informing that they will be having an Anniversary Celebration on April 2, 2009. New Jersey Division of Alcoholic Beverage Control enclosing copy of Final Conclusion and Order imposing suspension on license #1111-32-205-002 issued to Sambuca of New Jersey LLC. Ben Taormina, 15 Burd Road, Pennington submitting Claim for Damages against the City of Trenton. (property damage) 2k - Samuel Reale, Jr., Esq., Kearns, Reale & Kearns, 630 Beverly-Rancocas Road, Willingboro, NJ - advising that he will be appearing on behalf of Oz-Juan, Inc., t/a Passions Bar, and to enter a plea of Not Guilty to each of the two (2) charges. 2l - Mercer County Improvement Authority enclosing agenda for March 10, 2009. 2m - 2n - 2o - Civil Action in the matter of S2 LC, Park Bank as Custodian vs. Steiner W. Williams, et als. Robert Davis, 409 Centre Street, Trenton submitting Claim for Damages against the City of Trenton. (personal damage) Mercer County Board of Chosen Freeholders enclosing copy of Ordinance 2009-3 which was adopted on February 26, 2009. City Council Conference: Minutes March 17, 2009 4
2p - 2q - Civil Action in the matter of FT Properties LLC vs. Pamela Williams, et als. Civil Action in the matter of Holiday Trenton, Inc. vs. City of Trenton. 2r - Trenton Housing Authority enclosing copy of agenda for March 11, 2009. 3. REPORTS 3a - 3b - Juanita M. Joyner, Acting City Clerk submitting report of receipts received by the City Clerk s Office for the months ending January 31 and February 28, 2009. Total for both months - $58,302.56. Juanita M. Joyner, Acting City Clerk advising that the following applications have been approved as of March 17, 2009: Association of New Jersey Environmental Commissions, P.O. Box 157, Mendham, NJ; American Legion Post 182, Mitchell A. Davis, 1406-8 Princeton Avenue, Trenton, NJ. 4. APPLICATIONS AND BONDS None submitted 5. NEW BUSINESS: ADOPTION OF RESOLUTION Motion was made by Councilman Melone, seconded by Councilman Coston, that resolutions 5er, 5gr and 5tr be withdrawn, by a consent vote of City Council: Ayes: Nay: 5er 5gr 5tr - Messrs. Bethea and Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton, Mr. Pintella None RESOLUTION TO AMEND THE APPROVED FY 2009 MUNICIPAL BUDGET FOR THE CITY OF TRENTON 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 $222,580.00 RESOLUTION TO AMEND THE APPROVED FY 2009 MUNICIPAL BUDGET FOR THE CITY OF TRENTON. Motion was made by Councilman Melone, seconded by Councilman Coston, that resolutions 5ar, to 5vr be moved in unison with the exceptions of resolutions 5nr and 5sr which require a roll call. Ayes: Nay: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella None 1. RESOLUTION NO. 09-106 - RESOLUTION TO APPLY FOR A GENERAL OPERATING SUPPORT GRANT IN AN AMOUNT NOT TO EXCEED $75,000 FROM THE NEW JERSEY HISTORICAL COMMISSION, DEPARTMENT OF STATE, FOR THE 1719 WILLIAM TRENT HOUSE MUSEUM (Sponsored by Councilman Bethea & Councilwoman Staton) City Council Conference: Minutes March 17, 2009 5
2. RESOLUTION NO. 09-107 - RESOLUTION AUTHORIZING AND DIRECTING FORECLOSURE OF CERTAIN TAX SALE CERTIFICATES PURSUANT TO THE IN REM TAX FORECLOSURE ACT, FORECLOSURE ACTION #09-2 (10 Bond Street, etc.) (Sponsored by Councilman Bethea) 3. RESOLUTION NO. 09-108 - RESOLUTION AMENDING THE CITY OF TRENTON 2006 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN ADOPTED BY RESOLUTION 06-306 (Sponsored by Councilman Bethea) 4. RESOLUTION NO. 09-109 - RESOLUTION TO PROVIDE EMERGENCY APPROPRIATIONS TO THE SFY 2009 TEMPORARY BUDGET OF THE CITY OF TRENTON (Sponsored by Councilman Coston) 5. RESOLUTION NO. 09-110 - RESOLUTION AUTHORIZING A SUB-GRANT AGREEMENT BETWEEN THE CITY OF TRENTON AND VARIOUS CHARITABLE NON-PROFIT ORGANIZATIONS TO PROVIDE PREVENTION AND EARLY INTERVENTION SERVICES TO JUVENILES (Sponsored by Councilman Coston) 6. RESOLUTION NO. 09-111 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO DESIGN PLASTIC SYSTEMS, INC., 2541 GENERAL ARMISTEAD AVENUE, NORRISTOWN, PA 19403, FOR THE FURNISHING AND DELIVERY OF TWO (2) EACH NEW FIBERGLASS STORAGE TANKS AT THE RESERVOIR GATEHOUSE FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (In an amount not to exceed $38,850) (Sponsored by Councilman Bethea &Councilwomen Lartigue & Staton) 7. RESOLUTION NO. 09-112 - 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 CH2M HILL, 99 CHERRY HILL ROAD, SUITE 200, PARSIPPANY, NJ 07054 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE TRENTON WATER WORKS WATER QUALITY REPORT, FOR THE DEPARTMENT OF PUBLIC WORKS, WATER UTILITY (In an amount not to exceed $26,800) (Sponsored by Councilman Bethea & Councilwoman Lartigue) 8. RESOLUTION NO. 09-113 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT TO KELLE CHEVROLET, 137 ALLAIRE ROAD, P.O. BOX 726, FARMINGDALE, N.J. 07727 FOR THE FURNISHING AND DELIVERY OF ONE (1) 2009 CHEVROLET EXPRESS CARGO AWD 1500 CH13405 VAN FOR THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER BILLING (In an amount not to exceed $25,463) (Sponsored by Councilwoman Staton) 9. RESOLUTION NO. 09-114 - 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 VAUGHN COLLABORATIVE, 42 WEST LAFAYETTE STREET, TRENTON, NEW JERSEY 08608 TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES RELATED TO THE RENOVATIONS OF THE EXISTING SUPERMARKET LOCATED IN THE WEST SIDE PLAZA, 215 NORTH HERMITAGE AVENUE (BLOCK 2801, LOT 2) TO BE USED AS THE MUNICIPAL COURT FOR THE CITY OF TRENTON (In an amount not to exceed $84,005) (Sponsored by Councilwoman Lartigue) 10. RESOLUTION NO. 09-115 - RESOLUTION AUTHORIZING THE PURCHASE OF A SENTINEL PATRIOT 9-1-1 SYSTEM FROM VERIZON SELECT SERVICES, INC., C/O VERIZON, 201 CENTENNIAL AVENUE, FLOOR 1, ROOM 1S055, PISCATAWAY, NEW JERSEY 08854 FOR THE DEPARTMENT OF POLICE THROUGH THE STATE OF NEW JERSEY COOPERATIVE PROGRAM WITHOUT COMPETITIVE BIDDING (In an amount not to exceed $992,939.80) (Sponsored by Councilman Segura) 11. RESOLUTION NO. 09-116 - RESOLUTION AUTHORIZING CHANGE ORDER #001 TO THE CONTRACT WITH CMX, INC. TO PROVIDE ADDITIONAL OVERSIGHT FOR THE ROAD RECONSTRUCTION AND LINEAR PARK AT ENTERPRISE AVENUE INDUSTRIAL PARK (The amount of this change order is $18,625) (Sponsored by Councilman Bethea) City Council Conference: Minutes March 17, 2009 6
12. RESOLUTION NO. 09-118- RESOLUTION AUTHORIZING SETTLEMENT OF AN ADMINISTRATIVE LAW CASE IN THE MATTER OF VIRGINIA COUNCIL V. CITY OF TRENTON DOCKET NUMBER CSV-878-2008S IN THE TOTAL AMOUNT OF $50,000. (Sponsored by Councilman Pintella) 13. RESOLUTION NO. 09-119 - RESOLUTION OF NEED FROM THE CITY OF TRENTON FOR THE ESCHER SRO PROJECT, L.P. (Sponsored by Councilman Pintella) 14. RESOLUTION NO. 09-120 - RESOLUTION AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE CONSENT ORDER WITH NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION (NJDEP) REGARDING THE COVERING OF THE TRENTON WATER WORKS RESERVOIR. (Sponsored by Councilman Pintella & Councilwoman Lartigue) 15. RESOLUTION NO. 09-121 - RESOLUTION AUTHORIZING A COMMITMENT OF FUNDS FOR THE IMPORTATION OF CLEAN FILL AND A VAPOR MITIGATION SYSTEM FOR THE CATHERINE S. GRAHAM PROJECT. (In the amount of $349,810) (Sponsored by Councilwoman Lartigue) Councilman Coston made a motion to adopt a resolution to rename the Mill Hill Park Tot Lot to Alexander Dodson Tot Lot, seconded by Councilmen Bethea and Segura and carried by vote of City Council. Roll Call: Aye: Messrs. Bethea, Coston, Mrs. Lartigue, Messrs. Melone, Segura, Ms. Staton, Mr. Pintella Nay: None 16. RESOLUTION NO. 09-122 - RESOLUTION AUTHORIZING THE NAMING OF THE MILL HILL PARK TOT LOT, AS ALEXANDER DODSON TOT LOT, IN MEMORY OF ALEXANDER DODSON (Sponsored by Councilman Coston) Motion was made by Council President Pintella, seconded by Councilwoman Staton to adopt resolution 5nr by vote of City Council: Roll Call: Ayes: Messrs. Bethea, Coston, Mr. Melone, Ms. Staton and Mr. Pintella - 5 Nay: Mrs. Lartigue, Mr. Segura - 2 17. RESOLUTION NO. 09-117 - RESOLUTION AMENDING THE CITY OF TRENTON 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN ADOPTED BY RESOLUTION 08-415 (Sponsored by Councilwoman Staton) Motion was made by Councilman Bethea to hold resolution 5rs until March 19, 2009 for roll call. 5sr - RESOLUTION AMENDING RESOLUTION #97-402 WHICH ERRONEOUSLY AUTHORIZED A 20 YEAR ABATEMENT TERM FOR THE ESCHER SRO PROJECT, LP INSTEAD OF A 30 YEAR TERM. City Council Conference: Minutes March 17, 2009 7
Motion was made by Councilman Melone, seconded by Councilwoman Staton that the first reading of the following ordinance be held for further discussion by City Council. Roll Call: Ayes: Messrs. Bethea, Coston, Ms. Lartigue, Messrs. Melone and Segura, Ms. Staton and Mr. Pintella Nay: None 5po - ORDINANCE AMENDING CHAPTER 132 ARTICLE 10 OF THE CODE OF THE CITY OF TRENTON WITH REGARD TO REQUIRED INSPECTIONS FOR NON-OCCUPANT OWNED STRUCTURES. Council reviewed the docket items. CIVIC MATTERS: Councilman Coston 1. Asked Administration about the Connect-CTY system. 2. Complained about the message the Mayor send out on the CTY system regarding the water sale. 3. Wanted to know how the names of the individuals that sign the water petition were posted on a web site. A discussion followed on the Connect-CTY system. Councilwoman Lartigue Asked administration to follow up on the properties located on the corner of Prospect Street and Rutherford Avenue. The meeting adjourned at 9:58 p.m. Respectfully submitted PAUL M. PINTELLA CITY COUNCIL PRESIDENT JUANITA M. JOYNER ACTING CITY CLERK City Council Conference: Minutes March 17, 2009 8