2009-02-23 Council Agenda Session Minutes

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FEBRUARY 23TH, 2009 - AGENDA

SESSION

President Wollert called the meeting to order at 6:30 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 – Present Mr. Steinmann – Present Mr. Summiel - Present President Wollert - Present

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

DISCUSSION 1. Olden Avenue Redevelopment Project presented by ETRA- ETRA Chairman Robert Kull opened the presentation and introduced Charles Latini who gave a detailed presentation of the revised redevelopment plan. Mr. Latini stated that the plan did not take power away from Council, that it did not give added powers to the agency, did not provide for a “Main Street” effect on Olden Avenue. He reviewed each of the subsections within the redevelopment zone indicating the opportunities that each has for improvement. Agency Executive Director Tyrone Garrett stated that the Agency was created to develop a plan such as this and that it can’t be a leader without a plan in place. Mr. Latini and Mr. Garrett then answered questions from Council, with Mr. Summiel commenting that he would like to see more public input and more detailed demographic information. President Wollert then asked if Council would agree to hold a Special Meeting the following week to introduce the Plan. After discussion, it was agreed to meet Monday, March 2 at 6:30 pm. CONSENT AGENDA: President Wollert presented the Consent Agenda for review. 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $248,615.28. 2. Approval of minutes of the meeting of February 9, 2009 (Agenda) and February 10, 2009 (Regular). 3. A Resolution authorizing the disposal donation and/or recycling of property of nominal value. 4. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $818.28 for February 1, 2009 tax quarter to Angela Rivera, 1617 Seventh Street, Ewing, NJ 08638, for property owner Angela Rivera, for Block: 45, Lot: 320 also known as 1617 Seventh Street for refund due to overpayment. 5. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $592.56 for February 1, 2009 tax quarter to Jacqueline Eutsey

& Fred Eutsey, 472 Ewingville Road, Ewing, NJ 08638, for property owner Jacqueline Eutsey & Fred Eutsey, for Block: 223, Lot: 61 also known as 472 Ewingville Road for refund due to overpayment. 6. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1305.56 for February 1, 2009 tax quarter to Robin Dopson, 180 Hollowbrook Drive, Ewing, NJ 08638, for property owner Robin Dopson, for Block: 188, Lot: 2 also known as 180 Hollowbrook Drive for refund due to overpayment. 7.

A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1751.70 for February 1, 2009 tax quarter to Bennett Waterhouse, 139 Palmer Lane, Ewing, NJ 08628, for property owner Bennett Waterhouse, for Block: 414, Lot: 41 also known as 139 Palmer Lane for refund due to overpayment.

8. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $983.86 for February 1, 2009 tax quarter to William Winsor, 110 Rutledge Avenue, Ewing, NJ 08618, for property owner William Winsor for Block: 467, Lot: 124 also known as 110 Rutledge Avenue for refund due to overpayment. 8. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1500.45 for February 1, 2009 tax quarter to Mason, Griffin & Pierson, 101 Poor Farm Road, P.O. Box 391, Princeton, NJ 08542, for property owner Hugh HD Havens, for Block: 407, Lot: 7 also known as 96 Trenton Avenue for refund due to overpayment. 9. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1611.99 for February 1, 2009 tax quarter to Vincent Hart & Mamie Rolls, 56 Rhodes Avenue, Ewing, NJ 08638, for property owner Vincent Hart & Mamie Rolls, for Block: 169, Lot: 308 also known as 56 Rhodes Avenue for refund due to overpayment. 10. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1250.00 for February 1, 2009 tax quarter to Vera Mae Hill, 31 Poland Street, Ewing, NJ 08638, for property owner Vera Mae Hill, for Block: 186, Lot: 16 also known as 31 Poland Street for refund due to overpayment. 11. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $934.56 for February 1, 2009 tax quarter to Kathleen Schultz, 26 Downing Road, Ewing, NJ 08628, for property owner Kathleen Schultz, for Block: 458, Lot: 38 also known as 26 Downing Road for refund due to overpayment. 12. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1718.83 for February 1, 2009 tax quarter to James J. Calnon Jr., 18 Colleen Circle, Ewing, NJ 08638, for property owner James J. Calnon Jr., for Block: 582, Lot: 11 also known as 18 Colleen Circle for refund due to overpayment. 13. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $611.29 for February 1, 2009 tax quarter to Jacqueline Poreda, 13 Leicester Lane, Ewing, NJ 08628, for property owner Jacqueline Poreda, for Block: 588, Lot: 101 also known as 13 Leicester Lane for refund due to overpayment. 14. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1043.74 for February 1, 2009 tax quarter to Miklos C. & Ilona P. Foltiny, 8 Pennwood Avenue, Ewing, NJ 08638, for property owner Miklos C. & Ilona P. Foltiny, for Block: 118.02, Lot: 40 also known as 8 Pennwood Drive for refund due to overpayment.

15. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1823.32 for February 1, 2009 tax quarter to John & Maria Bamber, 6 Manor House Drive, Ewing, NJ 08638, for property owner John & Maria Bamber, for Block: 567, Lot: 22 also known as 6 Manor House Drive for refund due to overpayment. 16. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $1262.12 for February 1, 2009 tax quarter to American Home Mortgage Servicing, Inc., c/o ZC Sterling Real Estate Tax Solutions, Suite 400, Atlanta, GA 30339, Attn: Refunds Ln# 003150109, for property owner Carolyn Walters, for Block: 27, Lot: 171 also known as 132 Robins Avenue for refund due to overpayment. 17. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $105665.47 for February 1, 2009 tax quarter, for property owner GF Princeton, LLC, for Block: 371: Lot: 3.02, also known as 370 Scotch Road due to subdivision. 18. A Resolution authorizing the conduct of an off premise merchandise raffle sponsored by Ewing Township Little League to be held on Saturday, September 12th, 2009 at the Ewing Community and Senior Center. 19. A Resolution approving Kelly R. Reed as a member of the Prospect Heights Volunteer Fire Company. 20. A Resolution authorizing substitute Attorneys to act as Municipal Prosecutor. Mr. Summiel questioned whether certain items were included on the bills list. When he was told that they were not, he asked for a discussion on the matter, either in public or in closed session. After discussion, it was agreed to hold a closed session to discuss personnel issues towards the end of the meeting. The Consent Agenda was then approved for action. ORDINANCE(S) FOR FIRST READING AND INTRODUCTION The Council President Read two ordinances proposed for first reading. Mr. Hartsough indicated that these were enacting legislation for the Township’s recodification effort. 1. AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES (2009) 2. AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE HEALTH ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID PORTION OF THE CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES (2009) The ordinances were approved for action. ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION

President Wollert read three ordinances proposed for second reading. 1. AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REGULATING RESIDENTIAL RENTAL UNITS. (2009) 2. AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO ADOPT NUISANCE REGULATIONS. (2009) 3. AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO ADOPT NOISE REGULATIONS. (2009) Upon questioning by Council, Mr. Hartsough reviewed the noise ordinance and its enforcement process. The Ordinances were then approved for action. NEW BUSINESS President Wollert read two resolutions proposed for new business. 1. A RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC HEALTH SHARED SERVICES PARTNERSHIP AGREEMENT WITH THE COUNTY OF MERCER. 2. A RESOLUTION AUTHORIZING THE RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION PLAN AND CERTIFICATION IN ACCORDANCE WITH SECTION 104(D) OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974. Attorney Hartsough explained them and they were then approved for action.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC There were none at this time. President Wollert called for a motion to go into closed session to discuss a personnel matter, with minutes to be made public after the conclusion of the issue. Mr. Murphy so moved, seconded by Mr. Steinmann. The Regular Meeting was recessed at 8:20 pm. The meeting was reconvened at 8:48 pm. There being no further business, President Wollert asked for a motion to adjourn. Mr. Steinmann so moved, seconded by Mr. Murphy. The meeting was adjourned at 8:48 pm.

________________________________ Kathleen Wollert, Council President

______________________________ Stephen W. Elliott, Municipal Clerk

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