2009-03-24 Regular Agenda Session Minutes

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MARCH 24, 2009 - REGULAR MEETING Council President Wollert called the meeting to order at 7:30 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

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA There were no comments. CONSENT AGENDA: (Resolution #09R-59/) The Clerk 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. Mr. Steinmann moved the resolutions, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION AN ORDINANCE 1. The Clerk read (Ordinance #09-07) 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) 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. Steinmann moved the Ordinance, 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 (Ordinance #09-08) 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) WHEREAS, the Township has adopted an Administrative Code providing for the membership of the Ewing Township Arts Commission; and WHEREAS, the Township is desirous of increasing the number of members from nine to eleven members and establishing the terms of office of each member; NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Ewing that Chapter 14, BOARDS COMMISSIONS AND COMMITTEES, Article V, EWING TOWNSHIP ARTS COMMISSION, of the Code of the Township of Ewing is hereby amended as follows: Section 1. Chapter 14, BOARDS COMMISSIONS AND COMMITTEES, Article V, Ewing Township Arts Commission, Section 14-49 and Section 14-51 are hereby AMENDED as follows: 14-49

Creation; members.

There is hereby created the Ewing Township Arts Commission, consisting of nine eleven members, all appointed by the Mayor with the advice and consent of the Township Council and all of whom shall be residents of the Township, selected on the basis of their qualifications and fitness for service. 14-51

Terms of Office.

Initially, nine members shall be appointed on the effective date of this article, three members shall be appointed to a term expiring December 31, 2002, and until the appointment of qualified successors; three members shall be appointed to a term expiring December 31, 2001, and until the appointment of qualified successors; and three members shall be appointed to a term expiring December 31, 2000, and until the appointment of qualified successors. All subsequent terms thereafter shall be for a period of three years. Four members initially shall be appointed for a term of one year; four members shall be appointed for a term of two years; and three members initially shall be appointed for a term of three years. All subsequent terms thereafter shall be for a period of three years. Vacancies shall be filled for the unexpired terms only. Section 2. If any section or part of this Ordinance shall be declared invalid by the judgment of any court or competent jurisdiction, such section or part shall be deemed to be severable from the remainder of this Ordinance. Section 3. This Ordinance shall take effect upon final passage and publication according to law.

STATEMENT An Ordinance to revise the number of members of the Ewing Township Arts Commission. Mr. Cox 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 #09-09) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO AMEND NOISE REGULATIONS (2009) WHEREAS, the Township adopted Ordinance No. 09-02 establishing Noise Regulations that was conditioned upon review and approval by the New Jersey Department of Environmental Protection; and WHEREAS, the New Jersey Department of Environmental Protection Office of Local Environmental Management approved said Ordinance on March 10, 2009 but indicated that certain references to regulations required clarification, NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Ewing that Chapter 240 (formerly 149), NOISE of the Code of the Township of Ewing is hereby amended as follows: Section 1. Chapter 240 (formerly 149), NOISE, Sections 240 (149)-2 and 240 (149)-6 of the Code of the Township of Ewing are hereby AMENDED as follows: 240 (149)-2

Applicability

(A) NO CHANGE (B) NO CHANGE (C) Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.34, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds. 240 (149)-6

Enforcement

(A) Violation of any provision of this ordinance shall be cause for an enforcement document to be issued to the violator by the noise control officer according to procedures set forth at N.J.A.C. 7:29-1.67. The recipient of an enforcement document shall be entitled to a hearing in municipal court having jurisdiction to contest such action. (B) NO CHANGE (C) NO CHANGE Section 2. If any section or part of this Ordinance shall be declared invalid by the judgment of any court or competent jurisdiction, such section or part shall be deemed to be severable from the remainder of this Ordinance. Section 3. This Ordinance shall take effect upon final passage and publication according to law and submission to and receipt by the New Jersey Department of Environmental Protection. STATEMENT

An Ordinance to Amend the Township Noise Ordinance. 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

NEW BUSINESS 1. The Clerk read (Resolution #09R-60) A RESOLUTION ADOPTING THE 20072008 ANNUAL AUDIT.

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

ROLL CALL

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

YES YES YES YES YES

2. The Clerk read (Resolution #09R-61) RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR ACCOUNTING SERVICES TO JOSEPH P. MONZO.

Mr. Steinmann moved the resolution, 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 (Resolution #09R-62) 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.

In response to a question by Mr. Summiel, Attorney Hartsough explained the resolution. Mr. Steinmann then moved the resolution, seconded by Mr. Cox.

ROLL CALL

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

YES YES YES YES YES

4. The Clerk read (Resolution #09R-63) A RESOLUTION OF NEED FOR THE CONSTRUCTION OF AFFORDABLE HOUSING UNITS WITHIN THE TOWNSHIP OF EWING AT 1460 PARKWAY AVENUE.

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

ROLL CALL

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

YES YES YES YES YES

COUNCIL REPORTS Mr. Summiel reported that TACT had not met. Mr. Steinmann reported that the Planning Board would be meeting on April 2 to review the proposed amendments to the Olden Avenue Redevelopment Plan. President Wollert advised that the Economic Development Commission had been given a presentation regarding the Olden Avenue Plan and that the Commission was continuing to work on an advertising brochure for business location in the Township. Mr. Murphy said that he had discussed the proposed Board of Education budget with the Superintendent and Business Administrator and that there would be no tax increase this year. Mr. Cox reported attending a dinner honoring the 300th anniversary of the Ewing Presbyterian Church. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Deborah Royal (College of New Jersey) asked about the use by the Trenton Water Works of fluoride in the water supply; she was asked to refer the question to the water works. Kate Tuttle (8 Locke Ct) and Don Apai (2181 Pennington Road) commented of issues regarding the post office and mail delivery within the Township. Charles Green (979 Bear Tavern Road) commented on the school budget and the Townships Cash Management Plan. 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 8:13 pm.

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

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