2009-04-14 Regular Agenda Session Minutes

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APRIL 14TH, 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- Present Mr. Steinmann- Present Mr. Summiel – Present President Wollert- Present

Jack Ball, Mayor Dave Thompson, Administrator Mike Hartsough, Attorney Imelda Wollert – Acting Secretary

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA There were no comments. PRESENTATION: The Ewing Sunshine Bowl Committee – (made up of Prospect Heights Fire Company, Pennington Road Fire Company, West Trenton Fire Company and Ewing Township Police Department) presented a check for $9,000 to the Sunshine Foundation. Accepting on behalf of the Sunshine Foundation was Cathy DiCastanzo, President of the Mercer County Chapter and Dave Burns, Chairperson for the annual “Dreamlift”. CONSENT AGENDA: The Clerk read the Consent Agenda: (Resolution #09R-66) 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $ 403,077.76. 2. Approval of minutes of the meeting of March 23, 2009 (Agenda), March 24, 2009 (Regular), March 30, 2009 (Special) and April 6, 2009 (Special). 3. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $2,215.90 for May 1, 2009 tax quarter to Mildred DiDonato c/o Destribats, Campbell, DeSantis, Magee & Staub, Counsellors At Law, 247 White Horse Avenue, Trenton, NJ 08610-2699, for property owner Mildred DiDonato for Block: 341, Lot: 6, Qual: C-331 also known as 331 Silvia Street for refund due to overpayment. 4. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $387.00 for CY2009, sewer bill for property owner Herman Gibbons ETUX, for Block: 188: Lot: 47, also known as 31 Ray Street. 5. A Resolution authorizing a Cancellation, as recommended by the Tax Collector in the amount of $6477.50 for CY2009, sewer bill for property owner UJIMA Ministries, for Block: 298: Lot: 2, also known as 1001 Pennington Road. 6. A Resolution authorizing the conduct of an on premise 50/50 cash raffle sponsored by Anchor House, Inc. to be held on June 17th, 2009 at the Mountain View Golf Course.

7. A Resolution authorizing Kingdom Church to hold a block party/road closing on May 9th, 2009. 8. A Resolution Authorizing The Patriotic Committee To Hold its Annual Fourth of July Parade 9. A Resolution Authorizing St. John’s Baptist Church to hold a Block Party/Parade on June 20th, 2009 10. A Resolution Supporting the Application being Submitted for Local Bicycle/Pedestrian Planning Assistance Program. 11. A Resolution amending Resolution #08R-124/10 authorizing the change in officer and member information on original application for an instant raffle sponsored by B.P.O.E. #105 Trenton.

Councilman Steinmann moved the resolution, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

FISCAL YEAR 2008-2009 MUNICIPAL BUDGET 1. Public Hearing On Amendment To Budget The public hearing was opened. President Wollert asked for comments from the public on the amendments to the budget. Seeing none, Councilman Steinmann moved to close the public hearing, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

2. Vote To Adopt Amendment Councilman Steinmann moved to adopt the amendment, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

3. Continuation of Public Hearing On Budget, Now Amended The public hearing was opened..President Wollert asked if any member of the public would like to comment. Seeing none, Councilman Steinmann moved to close, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

4. Vote To Adopt Budget, Now Amended President Wollert asked for a motion to adopt the budget. Councilman Steinmann so moved, seconded by Councilman Murphy. Mr. Joe Monzo, Financial Consultant for Ewing Township, made a few comments. He thanked Administration and Council for their efforts in adopting the 2009 budget. President Wollert thanked him and Mr. Jack as well. Mayor Ball spoke and thanked council and administration for working together to get this budget adopted.

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 #09-10) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REGULATING RESIDENTIAL RENTAL UNITS (2009) Attorney Hartsough gave an overview of this Ordinance. He explained that the standards by which the licensing is to hold the properties to the International Property Code Standard are specifically identified in the new Ordinance. Mr. Cox moved the Ordinance, seconded by Mr. Murphy. Councilman Summiel asked for clarification on the Ordinance as he wasn’t at the Agenda Session.

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 #09-06) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REGULATING RESIDENTIAL RENTAL UNITS (2009) The public hearing was opened and, there being no comments, then closed. Councilman Steinmann made a motion to defeat the ordinance, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

2. The Clerk read (Ordinance #09-07) 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, NER JERSEY (2009) Councilman Cox moved to open the public hearing, seconded by Councilman Murphy.

Todd Roundtree and Jim McManimon asked about the change in use for the appropriation. President Wollert responded and Administrator Thompson indicated that the DEP has informed the township that we are making a good faith effort regarding the truck wash by adopting a resolution for a feasibility study on a countywide facility. He is very pleased that the county is on board . Mr. Thompson also said that the Township has set aside about $300,000 for the animal shelter, but thinks that more will be needed. Trish DeCello (10 Chelmsford) asked if the person who bought the property where the current animal shelter is was obligated to help build the new animal shelter. She asked if that was part of the contract. Councilman Steinmann moved to close the public hearing, seconded by Councilman Cox. Councilman Murphy moved the Ordinance, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

3. 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) Councilman Murphy moved to open the public hearing, seconded by Councilman Summiel. Seeing no comments, Councilman Cox moved to close the public hearing, seconded by Councilman Summiel. Councilman Murphy moved the ordinance for adoption, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

4. The Clerk read (Ordinance #09-09) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO AMEND NOISE REGULATIONS (2009) Councilman Steinmann moved to open the public hearing, seconded by Councilman Murphy. Todd Roundtree and Mildred Russell (119 King Avenue) asked how this ordinance was being enforced and how the citizens can help with this and James McManimon asked if Council could clarify that the police department will call the construction department official and ask to check out a noise level complaint. Attorney Hartsough responded. Councilman Summiels’ understanding is that if a complaint is registered, the police will respond. If there are further incidents, the police will call the construction department. Attorney Hartsough said he is correct. Kate Tuttle (8 Locke Court) asked if calling a township official from the construction department would cost the township overtime. Attorney Hartsough responded with a yes but also said that the noise has to be measurable by a meter. The State of New Jersey requires noise ordinances to be a certain way, such as a lawn mower with no muffler or a band or boom box, but not an amplified voice. Caroline Stewart (30 Gilmore Road) asked if the construction department will be “on call” 24 hours a day because that would require a salary to coincide with that. Attorney Hartsough stated that there was no plan for that.

Councilman Steinmann made a motion to close the public hearing, seconded by Councilman Murphy. Councilman Steinmann made a motion to adopt the ordinance, seconded by Councilman 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-67) A RESOLUTION AUTHORIZING AN EXTENSION OF THE TAX REMITTANCE GRACE PERIOD FOR THE MAY 1, 2009 TAX QUARTER TO THE DATE OF MAY 14, 2009. Councilman Steinmann moved the resolution, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

2. The Clerk read (Resolution #09R-68) A RESOLUTION APPROVING CERTIFICATION OF STATE FY TAX LEVIES FOR 1ST AND 2ND QUARTERS INSTALLMENT OF CALENDAR YEAR 2009.

Councilman Murphy moved the resolution, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

3. The Clerk read (Resolution #09R-69) A RESOLUTION EXTENDING THE TIME FOR THE PLANNING BOARD TO TRANSMIT ITS REPORT ON THE AMENDMENT TO THE OLDEN AVENUE REDEVELOPMENT PLAN.

Councilman Steinmann moved the resolution, seconded by Councilman Murphy.

ROLL CALL

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

YES YES YES YES YES

4. The Clerk read (Resolution #09R-70) A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO EXECUTE A GRANT APPLICATION AND ASSOCIATED AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO APPLY FOR PROGRAM GRANT FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (approximately $205,000).

Councilman Murphy moved the resolution, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

5. The Clerk read (Resolution #09R-71) A RESOLUTION AUTHORIZING THE PARTICIPATION AND REGISTRATION IN THE SUSTAINABLE JERSEY MUNICIPAL CERTIFICATION PROGRAM.

Councilman Cox moved the resolution, seconded by Councilman Steinmann. Councilman Steinmann asked administration to try and find grants that don’t require township money to match the grant.

ROLL CALL

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

YES YES YES YES YES

Peter Boughton (119 Florence Avenue), chairman of the Environmental Commission, commented that he thinks this is a very energetic, high visibility, well supported effort throughout the state. He commented that the concept is going for an absolute minimum cash infusion from the township and an absolute maximum cash infusion from the outside. And he feels that if the path is going to get expensive they can go down a different path. 6. The Clerk read (Resolution #09R-72) A RESOLUTION AUTHORIZING EXECUTION OF A RECYCLING TONNAGE GRANT APPLICATION.

Councilman Cox moved the resolution, seconded by Councilman Steinmann.

ROLL CALL

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

YES YES YES YES YES

7. The Clerk read (Resolution #09R-73) A RESOLUTION AMENDING THE 2009 CASH MANAGEMENT PLAN OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, NEW JERSEY.

Councilman Steinmann moved the resolution, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

8. The Clerk read (Resolution #09R-74) A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A JUSTICE ASSITANCE GRANT (JAG) IN THE AMOUNT OF $70,369.00.

Councilman Steinmann moved the resolution, seconded by Councilman Cox.

ROLL CALL

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

YES YES YES YES YES

9. The Clerk read (Resolution #09R-75) A RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT OF SALE FOR LOT 4, BLOCK 413 TO NEW JERSEY MANUFACTURER’S INSURANCE COMPANY.

Councilman Summiel asked for a brief review. Attorney Hart sough responded. Councilman Cox moved the resolution, seconded by Councilman Steinmann.

ROLL CALL

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

YES YES YES YES YES

10. The Clerk read (Resolution #09R-75) A RESOLUTION AUTHORIZING COLLABORATION WITH THE COUNTY OF MERCER FOR A REGIONAL VEHICLE WASH FACILITY FEASIBILITY STUDY.

Councilman Murphy moved the resolution, seconded by Councilman Steinmann.

ROLL CALL

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

YES YES YES YES YES

COUNCIL REPORTS Councilman Summiel had no report on the TACT Committee. Councilman Steinmann said the Planning Board had a special meeting to discuss the extension of the Redevelopment Plan and he thanked Council for their support with the extra 45 days. He hopes that by the second meeting in May, they will be voting on this plan. President Wollert said that the Economic Development Meeting is going to be Thursday, so she will have a report at the next meeting. Councilman Murphy urged everyone to come out and vote for the School Board Election and the budget vote on April 21st. Councilman Cox said the SAC meeting would be meeting on Thursday and he will report at the next meeting. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Todd Roundtree noted that the Ewingville Road Bridge opened on April 13th. What was a 5 month project, only took 3 months and he asked the township if they would write a letter to the county for the good work that the contractors did. His second item was the sale of Trenton Water. With low fire hydrant pressure, it puts life safety and property at risk. President Wollert commented that Mr. Erney, Township Construction Official, has been in contact and trying to rectify this problem. Mayor Ball said he would also make a call to Trenton Water and ask them to fix the problem with the hydrants. Charles Green (979 Bear Tavern Road) asked about the amount realized for the last auction. He wanted to know if the township website had a place on it for lost and found items. Mayor Ball responded. There being no further business President Wollert asked for a motion to adjourn. Councilman Steinmann so moved, seconded by Councilman Murphy. The meeting was adjourned at 8:37 pm.

________________________________ ______________________________ Kathleen Wollert, Council President Kim Macellaro, Deputy Clerk

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