2009-06-23 Regular Agenda Session Minutes

JUNE 23, 2009 - REGULAR MEETING Council President Wollert called the meeting to order at 7:34 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 Stephen Elliott, Municipal Clerk

STATEMENTS AND COMMENTS FROM THE PUBLIC FOR ITEMS ON THE AGENDA Charles and Vera Green (979 Bear Tavern Rd), Kate Tuttle (8 Locke Ct) and Todd Roundtree (110 Crescent Ave) all spoke in favor of the ordinance for bonding for the purchase of the fire rescue vehicle. They cited the need to replace the 21 year old vehicle according to the replacement plan and because of the need to provide the Township’s volunteer fire fighters with safe and up-to-date equipment. Failure to replace the aged vehicle could also lead to increased response time to incidents if the vehicle were disabled. Trish DeCello (10 Chelmsford Dr) spoke against the purchase. Mike Anderson (Ridge Rd) indicated that the Township has a long established policy of replacing fire apparatus every 20 years. CONSENT AGENDA: The Clerk read the Consent Agenda: (Resolution #09R-94/) 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $491,531.28. 2. Approval of minutes of the meeting of June 9th, 2009 (Agenda) and June 9th, 2009 (Regular). 3. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $25.00 due to overpayment of October 1, 2009 sewer bill to Bank of America, 13510 Ballantyne Corp. Place, NC2-109-03-02, Charlotte, NC, 28277, Attn: FAPP for property owner Levin Properties for Block: 13.01, Lot: 9, Qual: T0023 also known as 1510 N. Olden Avenue Ext. for refund due to overpayment. 4. A Resolution authorizing a refund, as recommended by the Township Construction Official, in the amount of $200.00 for fire prevention fees to Carlos Contreras, 1459 Princeton Avenue, Ewing, NJ 08638. 5. A Resolution authorizing a refund, as recommended by the Township Construction Official, in the amount of $125.00 for certificate of occupancy inspection to Nathaniel Gilliard, 3 Bittersweet Drive, Ewing, NJ 08638. 6. A Resolution authorizing a refund, as recommended by the Township Construction Official, in the amount of $450.00 for fire prevention fee to Mary Lou Drake, 1440 Prospect Avenue, Ewing, NJ 08638.

7. A Resolution authorizing the conduct of a Casino Night sponsored by West Trenton Volunteer Fire Company on October 17, 2009 at the West Trenton Volunteer Fire Company from 5:00 pm to 2:00 am. 8. A Resolution establishing the Green Team in compliance with the Sustainable Jersey Municipal Certification Program. 9. A Resolution authorizing the conduct of an on premise 50/50 Cash Raffle sponsored by St. Francis Medical Center (Registration Identification #495-421368; Raffle License #RL-1241) on September 21st, 2009 at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 starting at 7:30 pm. 10. A Resolution authorizing the conduct of an off premise merchandise raffle sponsored by St. Francis Medical Center (Registration Identification #495-421368; Raffle License #RL-1242) on September 21, 2009 at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 starting at 7:00 pm. 11. A Resolution authorizing the conduct of an off premise merchandise raffle sponsored by St. Francis Medical Center (Registration Identification #495-421368; Raffle License #RL-1243) on September 21, 2009 at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 starting at 8:00 pm. 12. A Resolution authorizing Conway & Grafton Avenue to hold a block party/road closing on August 1, 2009 starting at 10:00 am. 13. A Resolution authorizing Leonard/Wilkes to hold a block party/road closing on July 4, 2009. 14. A Resolution authorizing Talaya Lewis to hold a block party/road closing on July 4th, 2009 starting at 2:00 pm. 15. A Resolution authorizing St. Paul Avenue Civic Association to hold a block party/road closing on July 4th, 2009 starting at 1:00 pm. Mr. Steinmann moved the Consent Agenda, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

E. ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1 The Clerk read (Ordinance #09-14) A BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A FIRE TRUCK AND RELATED EQUIPMENT IN AND BY THE TOWNSHIP OF EWING, IN THE COIUNTY OF MERCER, NEW JERSEY, APPROPRIATING $1,000,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF $950,000.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. (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) The improvement described in Section 3(a) of this bond ordinance is hereby authorized to be undertaken by the Township of Ewing, in the County of Mercer, New Jersey (the “Township”) as a general improvement.

For the improvement or

purpose described in Section 3(a), there is hereby appropriated the sum of $1,000,000, including the sum of $50,000 as the down payment required by the Local Bond Law. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets. Section ii)

In order to finance the cost of the improvement or purpose not

covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $950,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section iii)

(a) The improvement hereby authorized and the purpose for the

financing of which the bonds are to be issued is the acquisition of a fire rescue truck and related equipment, including all related costs and expenditures incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefore. Section iv)

All bond anticipation notes issued hereunder shall mature at such

times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer’s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.

The chief financial officer is directed to report in writing to the

governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the

description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section v)

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 vi)

The following additional matters are hereby determined, declared,

recited and stated: (a)

The improvement or purpose described in Section 3(a) of this bond

ordinance is not a current expense. It is an improvement or purpose that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby. (b)

The period of usefulness of the improvement or purpose within the

limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this ordinance, is 10 years. (c)

The Supplemental Debt Statement required by the Local Bond Law has

been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $950,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d)

An aggregate amount not exceeding $35,000 for items of expense listed in

and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. Section 7.

The Township hereby declares the intent of the Township to issue

bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the

purposes described in Section 3(a) of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations. Section 8.

Any grant moneys received for the purpose described in Section 3

hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 9.

The chief financial officer of the Township is hereby authorized to

prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10.

The full faith and credit of the Township are hereby pledged to the

punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11.

This bond 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. Murphy.

ROLL CALL

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

YES YES NO YES YES

NEW BUSINESS 1. The Clerk read (Resolution #09R-95) A RESOLUTION AUTHORIZING THE RENEWAL OF EWING MUNICIPAL LIQUOR LICENSES FOR THE 2009-2010 LICENSE YEAR.

Mr. Cox moved the Resolution, 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 (Resolution #09R-96) A RESOLUTION APPROVING THE TRANSFER OF TAX SALE PREMIUM TO THE MUNICIPALITY FOR BLOCK 495 LOT 18.

Mr. Cox moved the Resolution, seconded by Mr. Summiel.

ROLL CALL

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

YES YES YES YES YES

3. The Clerk read (Resolution #09R-97) A RESOLUTION APPROVING THE TRANSFER OF TAX SALE PREMIUM TO THE MUNICIPALITY FOR BLOCK 27 LOT 171.

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

ROLL CALL

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

YES YES YES YES YES

4. The Clerk read (Resolution #09R-98) A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSITANCE GRANT (JAG) LOCAL PROGRAM IN THE AMOUNT OF $17,065.00.

Mr. Murphy moved the Resolution, seconded by Mr. Steinmann.

ROLL CALL

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

YES YES YES YES YES

5. The Clerk read (Resolution #09R-99) A RESOLUTION AUTHORIZING TO GRANT THE FOLLOWING EWING TOWNSHIP NON-PROFIT ORGANIZATIONS NO-FEE STATUS IN THE RENEWAL OF THEIR 2009-2010 FOOD HANDLING LICENSES AS PER SECT. 100-2(b) OF THE MUNICIPAL CODE OF THE TOWNSHIP OF EWING.

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

6. The Clerk read (Resolution #09R-100) A RESOLUTION AUTHORIZING THE SUBMISSION OF THE EWING TOWNSHIP CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 20082009 ACTIVITIES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Grant Funds $205,489).

Mr. Murphy moved the Resolution, seconded by Mr. Steinmann.

ROLL CALL

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

YES YES YES YES YES

7. The Clerk read (Resolution #09R-101) A RESOLUTION PROVIDING FOR THE TRANSFER OF FUNDS AS PER N.J.S.A. 40A:4-58 IN THE AMOUNT OF $9,320.00.

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

8. The Clerk read (Resolution #09R-102) A RESOLUTION FOR THE TOWNSHIP OF EWING PRELIMINARY TAX LEVY FOR THE FISCAL YEAR 1ST AND 2ND QUARTERS.

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

COUNCIL REPORTS

Mr. Murphy reported that he had spoken with the School Board President regarding the shared services agreement; Attorney Hartsough then responded to Mr. Murphy’s questions regarding the contract. Mr. Murphy also reviewed assistance that the County of Mercer has given to Ewing Township. He cited the repaving of Olden Avenue, West Upper Ferry Road, Bear Tavern Road and Princeton Avenue; safety improvements made to Olden Avenue; and major bridge repair work done on Ewingville Road and soon to be started on Green Lane. In addition, there were grants for drug education and renovations at the Ewing Senior and Community Center. The County run TRADE transportation service also provides approximately 21,000 trips annually to Ewing residents. The total price tag is in excess of $3.5 million and Mr. Murphy felt that, contrary to statements made by Mr. Thompson, the County is very supportive of Ewing Township and provides a great deal of assistance. Mr. Steinmann complimented Mr. Cox for sponsoring two scholarships in his late wife’s name at the High School for college bound History students. President Wollert recognized members of the Township Environmental Commission who were in attendance, thanking them for serving on the Green Team. Administrator Thompson and Mr. Murphy noted the sale of State owned land in the Township near Stuyvesant Ave.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC

Ron Prykanowski (16 Thurston Ave) reported that the Economic Commission had decided on award recipients for the year and that it was going to request additional money in the next budget to promote the Township as a business location. Charles Green (979 Bear Tavern Road) commented on procedures at Council meetings, Trish Decello (10 Chelmsford Drive) commented on Trap-Neuter-Release for stray animals and Ralph Brandmaier (Chief, West Trenton Fire Department) noted that Trenton’s first priority was Trenton before providing mutual aid. The city does provide countywide Hazmat support and that Homeland Security funds had paid for the Hazmat vehicle and training for the firemen. 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 8:43 pm.

________________________________ Kathleen Wollert, Council President

______________________________ Stephen Elliott, Clerk