2009-07-14 Regular Agenda Session Minutes

JULY 14, 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 Stephen Elliott, Municipal Clerk Edward McManimon, Bond Counsel

Chris Jack, Finance Officer STATEMENTS AND COMMENTS FROM THE PUBLIC FOR ITEMS ON THE AGENDA There were no comments at this time. CONSENT AGENDA: The Clerk read the Consent Agenda. (Resolution #09R-103/) 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $129,722.22. 2. Approval of minutes of the meeting of June 22nd, 2009 (Agenda) and June 23rd, 2009 (Regular). 3. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $216.34 due to overpayment of October 1, 2009 sewer bill to DeLuca Francis B. & Joseph Dondero, 244 Avenel Court, Holmdel, New Jersey 07733 for property owner DeLuca Francis B. & Joseph Dondero for Block: 135, Lot: 209, also known as 39 Ardsley Avenue for refund due to overpayment. 4. A Resolution authorizing the Catholic Church of St. Hedwig to hold a walking pilgrimage on August 8th, 2009 starting at 6:30 am and ending at 10:30 am. 5. A Resolution authorizing Glendale Civic Association, Inc. to hold a Halloween Parade on Saturday, October 31st, 2009 from 4:00 pm to 5:00 pm. 6. A Resolution approving Kenneth J. Dziminski as a junior member of the Prospect Heights Volunteer Fire Department. 7. A Resolution authorizing the Celestial Church of Christ to hold a block party/road closing on August 9th, 2009 starting at 9:00 am. 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 SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read (Ordinance #09-14) A BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF A FIRE RESCUE TRUCK AND RELATED EQUIPMENT IN AND BY THE TOWNSHIP OF EWING, IN THE COUNTY 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.

President Wollert introduced Mr. Ed McManimon, the Township’s bond counsel, to discuss the proposed ordinance. Mr. McManimon discussed the repayment schedule, the difference between bonds and notes and the status of the current market. In response to Mr. Steinmann’s question, Mr. McManimon stated that the bond market is extremely favorable and he would recommend permanent financing at this time. Finance Officer Chris Jack indicated that the Township had one of the lowest amounts of bonded indebtedness in the State, a level of .67% of equalized assessed valuation. The public hearing was then opened. Trish DeCello (10 Chelmsford) questioned the need to bond the fire vehicle and Charles Green (979 Bear Tavern) spoke in favor of the ordinance. Mr. Steinmann discussed the importance of equipment compatibility with West Trenton Fire Chief Ralph Brandmaier. 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 NO YES YES

2. The Clerk read (Ordinance #09-12) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES CHAPTER 215, LAND DEVELOPMENT, OF THE TOWNSHIP OF EWING TO AMEND THE DEFINITION OF OFFICE AND TO AMEND REGULATIONS WITHIN THE IP-1 ZONE. (2009) WHEREAS, the Township desires to amend its Land Development Ordinance to permit a broader interpretation of permitted Office uses; and WHEREAS, the Township further desires to amend its Land Development Ordinance to amend the “Permitted principal uses”; “Permitted accessory buildings and uses” and “Bulk requirements” sections in the IP-1 Zoning District; NOW THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Ewing that Chapter 215, LAND DEVELOPMENT of the Code of the Township of Ewing is hereby amended as follows: Section 1. Chapter 215, LAND DEVELOPMENT, ARTICLE II, DEFINITIONS, Section 215-8, Definitions, of the Code of the Township of Ewing is hereby AMENDED by adding the following NEW definitions: INTERCHANGE. A grade-separated, bridged, system of access to and from an interstate highway where vehicles may move to or from the interstate highway and

another roadway without crossing mainline streams of traffic. The limits of an interchange are the point on the roadway system where the right-of-way width to accommodate on or off ramps deviates from the right-of-way width of the remainder of the roadway. OFFICE and OFFICE BUILDINGS. A non-residential use for general business, professional, medical and health care related facilities, educational or administrative functions which may contain ancillary personal service uses typically located within a building or buildings that may be single or multi-tenanted for the use of employees and guests. Section 2. Chapter 215, LAND DEVELOPMENT, ARTICLE III, ZONING DISTRICTS AND MAP, Section 215-25, IP-1, Industrial Park Zone, of the Code of the Township of Ewing is hereby AMENDED as follows: A. Permitted principal uses. (1) Manufacturing, processing, producing, fabricating or warehousing operations which meet performance standards contained in this chapter, provided that all operations and activities, except parking and loading, are carried on within enclosed buildings and that there is no outside storage of materials, equipment or refuse, except as provided by this chapter. (2) Structures and uses devoted to research, experimentation or engineering involving scientific investigation, engineering study, project development and similar activities not involving the manufacturing, sale, processing, warehousing, distribution, or fabrication of material, products or goods except as incidental to the principal permitted uses. (3) Office buildings. for corporate groups for executive, accounting and/or administrative purposes or any subsidiary division or affiliate of the owner. (4) – (12)

NO CHANGE

(13) Indoor recreational facilities and health clubs. (14) Multiple permitted uses.

B. Permitted accessory buildings and uses. (1) – (4)

NO CHANGE

(5) Cafeteria, first aid and/or medical facilities and/or personal service uses located within a building(s) for the use of employees and guests. located within a building and operated by or for the employer for the exclusive use of employees or guests. (6) – (9)

NO CHANGE

C. Conditional uses. NO CHANGE D. Bulk requirements. (1) Principal building. (a) – (f)

NO CHANGE

(g) Height [1] Office building(s) on property within 1,000 feet of the intersection interchange located at Scotch Road and Interstate 1-95 (as shown on the drawing attached, measured from the nearest property lines, may not be higher than six stories, not to exceed 85 feet.

[2] Highway business hotel or office building(s) may not be higher than six stories, not to exceed 75 feet. [3] All other principal buildings and structures: three stories, not to exceed 40 feet. Freestanding parking structures above 15 feet in building height shall be considered principal buildings and shall be limited to 40 feet in height for the structure, regardless of the number of parking levels, and no higher than 55 feet to the top of the light standards. Section 3. 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 4. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT An Ordinance to amend the Land Development Code definition of Office and to amend the regulations of the IP-1 Zone.

Attorney Hartsough explained the ordinance. The public hearing was then opened and, there being no comments, then closed. 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

NEW BUSINESS 1. The Clerk read (Resolution #09R-104) A RESOLUTION ADOPTING A TEMPORARY BUDGET FOR THE TOWNSHIP OF EWING FOR THE FIRST THREE MONTHS OF THE 2009-2010 FISCAL YEAR IN THE AMOUNT OF $9,726,295.00.

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-105) A RESOLUTION AUTHORIZING THE APPROVAL OF LIQUOR LICENSES FOR RENEWAL FOR 2009-2010.

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

3. The Clerk read (Resolution #09R-106) A RESOLUTION REJECTING ALL BIDS FOR THE HEALTH CENTER ENTRANCE AT THE EWING SENIOR & COMMUNITY CENTER. Attorney Hartsough explained that the bids were rejected due to a temporary lack of grant funding. That situation will be promptly rectified.

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

4. The Clerk read (Resolution #09R-107) A RESOLUTION AUTHORIZING AWARD OF A BID FOR THE INSTALLATION OF IMPROVEMENTS TO THE ENTRANCE OF THE EWING SENIOR & COMMUNITY CENTER TO RED OAK BUILDING GROUP, LLC

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

5. The Clerk read (Resolution #09R-108) A RESOLUTION AUTHORIZING THE EXECUTION OF A PUBLIC DONOR AGREEMENT WITH THE CYO OF MERCER COUNTY.

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 Several Council members voiced hope that the proposed Township budget for 20092010 would be available soon. Mr. Steinmann reported that the Planning Board had approved the revised Olden Avenue Redevelopment Plan with some recommended changes and had referred the plan back to Council for action. The other Council members had no reports due to the summer recess. Mr. Cox noted that he had received a tax bill from 1876 for the old Atchley property. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Mildred Russell (119 King Ave) presented a petition to Council to amend the Township noise ordinance and asked for quick action on it. Kate Tuttle (8 Locke Ct) introduced a large group of volunteers from the animal shelter and from animal rescue groups and reported that the Township lacked policies and procedures for euthanizing animals and that volunteers at the shelter were being treated poorly. Mayor Ball responded that shelter policies would be finalized quickly and that no animal would be put down until such a policy was in place. Charles Green commented that it was time for the Mayor to show leadership on the issue. A resident of Yardley spoke in support of the volunteers and of using a Trap-Neuter-Release policy. Other persons also spoke in support of the volunteers.

Donald Roscoe Brown (1006 Scenic Drive) complimented the police department for its visibility and coverage at Moody Park. There being no further business President Wollert asked for a motion to adjourn. Mr. Murphy so moved, seconded by Mr. Steinmann. The meeting was adjourned at 8:39 pm.

________________________________ Kathleen Wollert, Council President

______________________________ Stephen Elliott, Clerk