2009-02-24 Regular Agenda Session Minutes

FEBRUARY 24, 2009 - REGULAR MEETING Council President Wollert called the meeting to order at 7:32 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 Dave Thompson, Administrator Mike Hartsough, Attorney Stephen Elliott, Municipal Clerk

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA There were no comments at this time. CONSENT AGENDA: The Clerk read the Consent Agenda. (Resolution #09R-52) 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $247,875.28. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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.

18. 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. 19. 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. 20. A Resolution approving Kelly R. Reed as a member of the Prospect Heights Volunteer Fire Company. 21. A Resolution authorizing substitute Attorneys to act as Municipal Prosecutor. Mr. Steinmann moved the resolution, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read (Ordinance #09-04) 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) BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EWING, IN THE COUNTY OF MERCER, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section i) Pursuant to N.J.S.A. 40A:2-39, it is hereby determined that $100,000, consisting of the $5,000 down payment from the Capital Improvement Fund and $95,000 of the proceeds of obligations originally made available pursuant to bond ordinance #2006-35 of the Township of Ewing, in the County of Mercer, New Jersey (the “Township”) finally adopted December 19, 2006, are no longer necessary for the purpose of the acquisition and installation of a vehicle washing system, together with the acquisition of all materials and equipment and completion of all work necessary therefor and related thereto, for which the obligations previously were authorized. Section ii) The $100,000 described in Section 1, $95,000 of which is made available pursuant to N.J.S.A. 40A:2-39, is hereby reappropriated to provide for the acquisition of an ambulance and the construction of an animal shelter, including all work and materials necessary therefor and incidental thereto and further including all related costs and expenditures incidental thereto. Section iii) The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

Section iv) This ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. Mr. Murphy moved the Ordinance, seconded by Mr. Steinmann.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

2. The Clerk read (Ordinance #09-05) 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) Be it ordained and enacted by the Township Council sitting as the Board of Health of the Township of Ewing, County of Mercer, State of New Jersey, as follows:

§ 1-1. Adoption of Code.

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Ewing of a general and permanent nature adopted by the Board of Health of the Township of Ewing, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 388 through 407, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Township of Ewing,” hereinafter known and referred to as the “Code.”

§ 1-2. Code supersedes prior ordinances. This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3. When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4. Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the Township Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Township of Ewing by impressing thereon the Seal of the Township, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Township, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5. Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the “Code of the Township of Ewing” shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code

shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-6. Publication; filing.

The Clerk of the Township of Ewing, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Township. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Code book to be kept up-to-date.

It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8. Sale of Code book.

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Township. The Clerk shall also arrange for procedures for the periodic supplementation of the Code.

§ 1-9. Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Township of Ewing to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.

§ 1-10. Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-11. Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-12. Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.

§ 1-13. Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any ordinance adopted subsequent to 11-25-2008. B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability. C. Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom. D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision. E. Any franchise, license, right, easement or privilege heretofore granted or conferred. F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof. G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Township's indebtedness. H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation. I. The levy or imposition of taxes, assessments or charges or the approval of the municipal budget. J. The dedication of property or approval of preliminary or final subdivision plats. K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees. L. Any ordinance adopting or amending the Zoning Map. M. Any ordinance relating to or establishing a pension plan or pension fund for municipal employees.

§ 1-14. Changes in previously adopted ordinances.

A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Board of Health that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such. B. In addition, the changes, amendments or revisions as set forth below are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.) Chapter 400, Food Establishments, Retail Article II, Operating Hours

Section 400-10, Violations and penalties, is amended as follows: Any person, firm, or corporation violating any provision of this article shall, upon conviction therefor, pay a fine of not to exceed $500 or be imprisoned for not to exceed 90 days, or both, in the discretion of the Court, with each violation or day of continued violation constituting a separate offense. Mr. Murphy moved the Ordinance, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read (Ordinance #09-01) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REGULATING RESIDENTIAL RENTAL UNITS. (2009) Prior to opening the public hearing, and after discussion, Mr. Steinmann moved to carry the ordinance to a subsequent meeting, seconded by Mr. Murphy. The voice vote was unanimous to carry. The ordinance was held pending further attorney review. 2. The Clerk read (Ordinance #09-02) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO ADOPT NUISANCE REGULATIONS. (2009) The public hearing was opened. Chris (1140 River Road) asked about enforcing the ordinance; Attorney Hartsough responded. The public hearing was then closed. Mr. Steinmann moved the Ordinance, seconded by Mr. Murphy.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES 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. (2009) The public hearing was opened and there being no comment, then closed. Mr. Steinmann moved the Ordinance, seconded by Mr. Murphy.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

NEW BUSINESS 1. The Clerk read (Resolution #09R-53) A RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC HEALTH SHARED SERVICES PARTNERSHIP AGREEMENT WITH THE COUNTY OF MERCER.

Mr. Steinmann moved the resolution, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

2. The Clerk read (Resolution #09R-54) 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 that the Department of Housing and Urban Development requires that there be established policies and procedures for grant recipients and this Resolution so provides.

Mr. Murphy moved the resolution, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel Mr. Steinmann President Wollert

YES YES YES YES YES

COUNCIL REPORTS Mr. Cox reported on the SCAC meeting indicating that new members and officers had been sworn in. President Wollert reported that the Economic Development Commission was developing an advertising brochure to promote the Township as a good place to do business. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Don Apai (2181 Pennington Rd) asked about the status of repairs to his lawn resulting from improvements made to the highway. Mr. Steinmann will follow up with the developer. Kate Tuttle (8 Locke Ct) asked about the use of athletic fields by out of town players. President Wollert responded. Charles Green (979 Bear Tavern Rd) and Kate Tuttle asked about the web page. Todd Roundtree (110 Crescent Ave) asked about various matters to which President Wollert responded. President Wollert brought up the question of introducing the revised Olden Avenue Redevelopment Plan. After discussion, it was decided to hold a Special Meeting on Monday, March 2, 2009 at 6:30 pm to introduce the Plan. There being no further business President Wollert asked for a motion to adjourn. Mr. Steinmann so moved, seconded by Mr. Summiel. The meeting was adjourned at 8:48 pm.

________________________________ ______________________________ Kathleen Wollert, Council President Stephen W. Elliott, Municipal Clerk