2009-02-10 Regular Agenda Session Minutes

FEBRUARY 10, 2009 - REGULAR MEETING Council President Wollert called the meeting to order at 7:00 pm and read the Open Public Meetings Statement: The notice requirements provided for in the “Open Public Meetings Act” have been satisfied. Notice of this meeting was properly given in a notice which was transmitted to the Times of Trenton and the Trentonian, filed with the Clerk of the Township of Ewing and posted in the Ewing Township Municipal Complex, all on the 2nd day of January, 2009. ROLL CALL ƒ ƒ ƒ ƒ ƒ

Mr. Cox – Present Mr. Murphy- Absent Mr. Steinmann- Absent Mr. Summiel – Present President Wollert- Present

Jack Ball, Mayor Mike Hartsough, Attorney Stephen Elliott, Municipal Clerk

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA Don Apai (2181 Pennington Road), Kate Tuttle (8 Locke Ct), Nick Mogue (Ewington Ave) and Charles Green (979 Bear Tavern Rd) all commented about the pending sale of the Trenton Water distribution system to American Water. President Wollert explained the sale and Mr. Summiel indicated that the Township is basically being held hostage by the deal since there is no viable alternative. Dave DiPaolo (61 Brophy Dr), Mildred Russell (119 King), Todd Roundtree (110 Crescent), Lynn Goland (North Ave), Larry Conner (Tiutusville) Perry Vincent (1 Autumn Lane) and Richard DiFrancesco (135 hazel Ave) all commented on the proposed ordinance regulating rental properties. Mrs. Russell made impashioned comments about the need to prevent rentals from destabilized neighborhoods and getting the College involved in enforcing and disciplining offenders. Mr. DiPaolo, Mr. Konner and Ms. Goland all commented that registration and the subsequent enforcement actions actually benefited the landlords and their properties. One resident asked if it was legal to videotape an offender in action and Attorney Hartsough indicated that they were in public and it was legal. CONSENT AGENDA: 09R-42 The Clerk read the Consent Agenda. 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $258,256.41. 2. Approval of minutes of the meeting of January 26th, 2009 (Agenda) and January 27th, 2009 (Regular). 3. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $446.15 for February 1, 2009 tax quarter to Debra ParkerSmith, 1590 Thirteenth Street, Ewing, NJ 08638, for property owner Debra Parker-Smith for Block: 84, Lot: 542.03 also known as 1590 Thirteenth Street for refund due to overpayment.

4. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $837.11 for February 1, 2009 tax quarter to Felipe Serrano, 129 Brookside Avenue, Ewing, NJ 08638, for property owner Felipe Serrano for Block: 55, Lot: 23 also known as 129 Brookside Avenue for refund due to overpayment. 5. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $152.25 for February 1, 2009 tax quarter, for property owner Princeton South Development, LLC, for Block: 225.01: Lot: 1 Qual: QFARM, also known as 2281 Pennington Road due to new subdivision. 6. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $211.33 for February 1, 2009 tax quarter, for property owner Music on the Move, LLC, for Block: 105: Lot: 78, also known as 114 Winterwood Avenue due to consolidation with Block: 105 Lot: 77.01. 7. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $211.33 for February 1, 2009 tax quarter, for property owner Music on the Move, LLC, for Block: 105: Lot: 79, also known as 114 Winterwood Avenue due to consolidation with Block: 105 Lot: 77.01. 8. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $42.33 for second half CY2009 sewer bill, for property owner William R. Burnett, for Block: 139 Lot: 52, also known as 167 Woodland Avenue due to disconnection of sewer line May 2008. Mr. Cox moved the Consent Agenda, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read (Ordinance #09-01) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REGULATING RESIDENTIAL RENTAL UNITS. Mr. Summiel moved the Ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

2. The Clerk read (Ordinance #09-02) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO ADOPT NUISANCE REGULATIONS. Mr. Cox moved the Ordinance, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

3. The Clerk read (Ordinance #09-03) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO ADOPT NOISE REGULATIONS. Mr. Summiel moved the Ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox

YES

Mr. Summiel President Wollert

YES YES

NEW BUSINESS 1. The Clerk read (Resolution #09R-43) A RESOLUTION OF EMERGENCY TEMPORARY APPROPRIATION.

Mr. Summiel moved the Resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

2. The Clerk read (Resolution #09R-44) A RESOLUTION AUTHORIZING EXECUTION OF STIPULATION OF SETTLEMENT IN THE MATTER OF THE JOINT PETITION OF THE CITY OF TRENTON AND NEW JERSEY AMERICAN WATER FOR THE SALE OF WATER SYSTEM ASSETS.

Mr. Summiel moved the Resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

3. The Clerk read (Resolution #09R-45) A RESOLUTION AUTHORIZING PREPARATION OF A GRANT APPLICATION THAT INCLUDES THE EWING TOWNSHIP 2009-2013 CONSOLIDATED PLAN AND 2009-2010 ANNUAL ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR ACTIVITIES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING A REQUEST FOR HUD FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.

Mr. Cox moved the Resolution, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

4. The Clerk read (Resolution #09R-46) A RESOLUTION AUTHORIZING A TAX APPEAL SETTLEMENT IN THE MATTER OF TWP. OF EWING VS. LEVIN PROPERTIES FOR BLOCK 13.01, LOTS 9 & 12.

Mr. Summiel moved the Resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

5. The Clerk read (Resolution #09R-47) A RESOLUTION AMENDING THE TOWNSHIP OF EWING RESOLUTION #08R-74, AUTHORIZING CHANGE ORDER NO. 1-FINAL TO THE CONTRACT FOR SCHIFANO CONSTRUCTION CORP. FOR ROAD IMPROVEMENTS TO TOWNSHIP ROADS.

Mr. Cox moved the Resolution, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

6. The Clerk read (Resolution #09R-48) A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR CONTINUED PARTICIPATION IN THE HOME INVESTMENTS PARTNERSHIPS PROGRAM CONSORTIUM WITH THE COUNTY OF MERCER.

Mr. Cox moved the Resolution, seconded by Mr. Summiel.

ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

7. The Clerk read (Resolution #09R-49) A RESOLUTION AUTHORIZING SHARED SERVICES WITH MERCER COUNTY FOR THE 2009-2010 PUBLIC ARCHIVES AND RECORDS INFRASTRUCTURE SUPPORT (PARIS) GRANT.

Mr. Cox moved the Resolution, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

8. The Clerk read (Resolution #09R-50) A RESOLUTION AUTHORIZING AN ACCELERATED TAX LIEN SALE FOR FY2009 PURSUANT TO N.J.S.A. 54:5-19. Mr. Cox moved the Resolution, seconded by President Wollert. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES NO YES

9. The Clerk read (Resolution #09R-51) A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION SITE.

Mr. Cox moved the Resolution, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Summiel President Wollert

YES YES YES

COUNCIL REPORTS Mr. Summiel reported that TACT had met and discussed off campus housing issues. The meeting was well attended by about 60 people. Mr. Cox reported attending the Senior Citizens Executive Board meeting. President Wollert reported that the Economic Development Commission would meet later in the month. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Christine Wenczel (1150 River Rd) asked Council to pass a resolution lowering the speed limit on Route 29 to 25 mph between Wilburtha Road and the Scudder Falls Bridge. Attorney Hartsough indicated that he had referred the matter previously to the Traffic Department and would followup with the Lieutenant in charge, Kate Tuttle asked about locating the animal shelter and Mayor Ball indicated that the Township was considering a location near the Recreation Building. Ms. Tuttle also spoke against locating a cellular tower near Villa Victoria School. Nick Mange asked about the railroad station, with attorney Harstough stating that it was private property that was up for sale. Phil Vecerre (137 Robbins Ave) indicated that garbage/recycling trucks were speeding through his neighborhood on streets that were supposed to be off limits to them according t o an agreement with the Township that had been assigned by the previous owner of the

property. Todd Roundtree commented that the Township should have 4 way stop intersections. There being no further business, President Wollert asked for a motion to adjourn. Mr. Cox so moved seconded by Mr. Summiel. The meeting was adjourned at 8:47 pm.