2009-03-23 Council Agenda Session Minutes

MARCH 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 Michael Hartsough, Attorney Stephen Elliott, Clerk

DISCUSSION 1. Rental Registration Ordinance – Attorney Hartsough provided a revised ordinance for discussion. It provided for Certificate of Occupancy (CO) inspections every 5 years or upon change of tenancy, and for the Municipal Clerk to provide administrative review in cases where licenses were subject to suspension or revocation. Mr. Summiel and other council members felt strongly that annual inspections were important. Council directed the Clerk to place Ordinance 09-01 on the agenda for second reading at the next Council meeting. President Wollert then noted that the State had adopted legislation allowing for the deferral of pensions costs for the current budget year. Requests for the deferral had to be to the State by March 25. After discussion is was agreed by Council and the mayor that the Township would not apply for the deferral.

CONSENT AGENDA: President Wollert read the Consent Agenda. 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $447,373.48. 2. Approval of minutes of the meeting of March 9, 2009 (Agenda) and March 10, 2009 (Regular). 3. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $986.21 for February 1, 2009 tax quarter, for property owner Hertz Rent A Car for Block: 373: Lot: 5.03, Qual: S02, also known as 1100 Terminal Circle Drive due to recommendations by Tax Assessor and Special Tax Counsel.

4. A Resolution authorizing a Cancellation and a Refund, as recommended by the Tax Collector. A REFUND in the amount of $986.21 and a CANCELLATION in the amount of $986.21 for February 1, 2009 tax quarter to Budget Car Rental c/o R. E. Tax Dept., 6 Sylvan Way, Parsippany, NJ 07054 for property owner Budget Car Rental c/o R.E. Tax Dept. for Block: 373, Lot: 5.03, Qual: S01 also known as 1100 Terminal Circle Drive due to recommendations by Tax Assessor and Special Tax Counsel and Refund to property owner. 5. A Resolution authorizing the conduct of a Casino Night sponsored by St. Ann’s Catholic Church to be held on Friday, April 24th, 2009 at Mountain View Golf Course. 6. A Resolution approving Matthew C. Commiso as a member of the Pennington Road Fire Company. 7. A Resolution approving Mark E. Potent as a member of the Pennington Road Fire Company. 8. A Resolution approving Chantell J. Wilson as a member of the Pennington Road Fire Company. 9. A Resolution approving Khilif J. Fox as a member of the Pennington Road Fire Company. 10. A Resolution approving Carol A. Ciemiengo as a member of the Pennington Road Fire Company. 11. A Resolution authorizing Buddy’s Shamrock to hold a block party/road closing on April 25th, 2009 with all proceeds being donated to the American Cancer Society. 12. A Resolution authorizing Palmer Lane/Lower Ferry Road Civic Association to hold a block party/road closing on May 25th, 2009. 13. A Resolution authorizing bus stop relocation on Stuyvesant Avenue. 14. A Resolution authorizing a performance guarantee release for Everest Realty – Ewing Square Shopping Center (Block 478, Lot 33) – Ewing Engineers CMX Project #04 01468 03 – 06. 15. A Resolution authorizing a performance bond reduction for S.O.L.D. Enterprises, Inc. (Block 423.04, Lot 12 & Block 552, Lots 1 and 2) – Ewing Engineers Alaimo Group File No. #A-0190-0016-000. 16. A Resolution consenting to the appointment of members to the Rent Control Board. After questions about several checks on the bills list, the Consent Agenda was approved for action. ORDINANCE(S) FOR FIRST READING AND INTRODUCTION President Wollert presented three ordinances for introduction. 1. AN ORDINANCE REAPPROPRIATING $100,000, INCLUDING $95,000 PROCEEDS OF OBLIGATIONS NOT NEEDED FOR THEIR ORIGINAL PURPOSE, IN ORDER TO PROVIDE FOR THE ACQUISITION OF AN AMBULANCE AND THE CONSTRUCTION OF AN ANIMAL SHELTER IN AND BY THE TOWNSHIP OF EWING, IN THE COUNTY OF MERCER, NEW JERSEY (2009) 2. AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO REVISE THE

NUMBER OF MEMBERS OF THE EWING TOWNSHIP ARTS COMMISSION (2009) 3. AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO AMEND NOISE REGULATIONS (2009) Attorney Hartsough described the ordinance for the reallocation of bond monies for the purchase of a fire truck and for the animal shelter. He also noted that the amendment of the noise ordinance was in response to NJ Department of Environmental Protection regulations. The ordinances were then approved for action. NEW BUSINESS President Wollert then presented the New Business Agenda for review. 1. A RESOLUTION ADOPTING THE 2007-2008 ANNUAL AUDIT. 2. RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR ACCOUNTING SERVICES TO JOSEPH P. MONZO. 3. A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO ENTER INTO AN INSTALLMENT PAYMENT AGREEMENT AND TO REDEEM THE MUNICIPAL LIEN HOLDS BY THE TOWNSHIP OF EWING. 4. A RESOLUTION OF NEED FOR THE CONSTRUCTION OF AFFORDABLE HOUSING UNITS WITHIN THE TOWNSHIP OF EWING AT 1460 PARKWAY AVENUE. All items were approved for action.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC Kate Tuttle (8 Locke Ct) asked about the status of the budget. President Wollert noted that once the budget goes to Community Affairs, the Township is at its mercy. It is the responsibility of Administration to make sure that the budget it presents for introduction is valid and will withstand DCA scrutiny. She further noted that in discussions with DCA personnel she had been told that there are significant problems with the budget that need to be addressed. Charles Green (979 Bear Tavern Rd) asked who in the Township had signing authority for checks and about the provision of budget trial balances to the Council and the public at meetings. Richard Smith (56 Federal City Rd) asked about the status of TNR policy for stray cats. President Wollert stated that it was not going to be on Councils agenda. 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 7:55 pm. ________________________________ Kathleen Wollert, Council President

_______________________________ Stephen W. Elliott, Municipal Clerk