Council Agenda 20060828

EWING TOWNSHIP COUNCIL August 28th, 2006 AGENDA SESSION President Apai 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 as per N.J.S.A. 10:4-18 and was transmitted to the Times of Trenton and the Trentonian on August 10th, 2006 for publication on August 12th, 2006. Documentation and notice have been filed with the Clerk of the Township of Ewing and posted in the Ewing Township Municipal Complex as is required by law. ROLL CALL ƒ ƒ ƒ ƒ ƒ

Mr. Murphy – Present Mr. Steinmann – Present Mr. Summiel - Present Ms. Wollert - Present President Apai - Present

Also Present Jim McManimon, Administrator Maeve Cannon, Attorney Stephen Elliott, Clerk

DISCUSSION: 1. President Apai reviewed the County freeholder resolution supporting the U.S. mayors’ Climate Protection Agreement. After review by the Environmental Commission, it was back before Council for consideration. After discussion it was placed on the agenda as a New Business item. 2. Presdient Apai and Mr. Steinmann updated Council on a recently enacted State law that requires for any youth who participates in Township recreational activities and who wears corrective eyewear to also wear protective glasses. The Town ship is not responsible or liable under the law but the recreation Commission will monitor compliance. CONSENT AGENDA: President Apai presented the Consent Agenda for review. 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $1,257,845.27. 2. Approval of minutes of the meetings of July 24th (Agenda), July 25th (Regular), July 31st (Special), February 18th (Special), February 27th (Agenda), February 28th (Regular), March 13th (Agenda), March 14th (Regular), March 27th (Agenda), March 28th (Regular), April 7th (Special), April 10th (Agenda), April 11th (Regular), April 12th (Special), May 9th (Regular), May 22nd (Agenda) and May 23rd (Regular). 3. Authorization to refund the amount of $500.00 to homeowner Frank Meli, 430 Federal City Road, Pennington, NJ 08534 for Certificate of Occupancy inspection for a resale of a 4 unit home at 1530 Pennington Road as per the approval of William Erney, Construction Official. Homeowner will not be selling the home. 4. Resolution to release Maintenance Bond from the Pfizer Aviation Hanger Project, pending payment of all costs associated with final inspection and release recommendation, as outlined by the Township engineer. 5. A Resolution authorizing a street closing on Weber and Hazel for a block party sponsored by the Celestial Church of Christ on August 12th and 13th from 10:00 A.M. to 6:00 P.M.

6. A Resolution authorizing a street closing on Troy Avenue (between Dryden & Robbins Avenue) for a block party sponsored by the Troy Avenue Civic Association on August 27th from 3:00 P.M. to 11:00 P.M. 7. A Resolution authorizing a street closing on Douglas Avenue for a block party sponsored by the Homecrest Park Civic Association on September 16th from 3:00 P.M. to 10:00 P.M. 8. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $267.89 for August 1, 2006 tax quarter for property owner Matthew M. Klotz to New Venture Title Agency, LLC, 83 Morris Street, New Brunswick, NJ 08903 (Title Number NV-1313) for Block: 225.02, Lot: 56 Qual: C0417 also known as 417 Masterson Court to refund overpayment. 9. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $227.22 for CY2006 second half for property owner Commerce Park at Ewingville Inc. ALS to Commerce Park at Ewingville Inc. ALS, 691 State Highway 33, Trenton, NJ 08619 for Block: 105, Lot: 67 also known as 129 Winterwood Avenue to lower assessment. 10. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $227.22 for CY2006 second half for property owner Commerce Park at Ewingville Inc. ALS to Commerce Park at Ewingville Inc. ALS, 691 State Highway 33, Trenton, NJ 08619 for Block: 105, Lot: 66 also known as 127 Winterwood Avenue to lower assessment. 11. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $991.90 for August 1, 2006 tax quarter for property owner Robert L. Davis & Sample-Davis to First American Real Estate Tax Service, Attn: Tax Refunds, 1 First American Way, Mail Code: DFW 1-3, Westlake, TX 76262, Loan #1590436639 for Block: 524, Lot: 3 also known as 16 Marquis Road to refund overpayment. 12. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $1,133.69 for August 1, 2006 tax quarter for property owner Lawrence J. Di Paolo to Princeton Assurance Corporation, Attn: Doris, 2482 Pennington Road, Pennington, NJ 08534 (file #NJ06-7369FA) for Block: 448, Lot: 49 also known as 617 Greenway Avenue to refund overpayment. 13. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $873.31 for August 1, 2006 tax quarter for property owner Charlotte Charles to Christoffersen & Wenczel, Attorneys at Law, 795 Parkway Avenue, Suite A-1, Lexington Mews Office Park, Trenton, New Jersey 08618-2704 for Block: 137, Lot: 137 also known as 5 Hawthorne Avenue to refund overpayment. 14. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $790.80 for August 1, 2006 tax quarter for property owner Raul A. Bartra to Raul A. Bartra, 104 Homecrest Avenue for Block: 69, Lot: 3 also known as 104 Homecrest Avenue to refund overpayment. 15. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $1,069.40 for August 1, 2006 tax

quarter for property owner Robert Speakman to Fulginiti & Pessel, Attorneys At Law, 214 Carnegie Center, Suite 104, Princeton, NJ 08540 for Block: 267, Lot: 26 also known as 46 Rutledge Avenue to refund overpayment. 16. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $921.53 for August 1, 2006 tax quarter for property owner Matthew Alan Faccinto to Angelo S. Farrante, Attorney at Law, 795 Parkway Avenue, Suite A-3, Lexington Mews, Trenton, NJ 08618 (file #24979) for Block: 467, Lot: 135 also known as 995 Terrace Blvd. to refund overpayment. 17. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $1,128.34 for August 1, 2006 tax quarter for property owner Vickram Tiwari to American General Title Agency, Inc., 2517 Highway 35 Bldg. I, Suite 201, Manasquan, NJ 08736, Re: AG-6115 Refinance for Block: 552, Lot: 159 also known as 4 Pilgrim Court to refund overpayment. 18. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $932.24 for August 1, 2006 tax quarter for property owner Robert K. Mensah to Robert K. Mensah, 71 Theresa Street, Ewing, New Jersey 08618 for Block: 469, Lot: 159 also known as 71 Theresa Street to refund overpayment. 19. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $964.38 for August 1, 2006 tax quarter for property owner Sally E. Comiski ET VIR to Sally E. Comiski ET VIR, 114 Rutledge Avenue, Ewing, New Jersey 08638 for Block: 467, Lot: 126 also known as 114 Rutledge Avenue to refund overpayment. 20. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $1,098.33 for August 1, 2006 tax quarter for property owner Frank J. & Cheryl J. Fioravanti to Frank J. & Cheryl J. Fioravanti, 172 W. Upper Ferry Road, Ewing, New Jersey 08628 for Block: 423, Lot: 86 also known as 172 W. Upper Ferry Road to refund overpayment. 21. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $844.38 for August 1, 2006 tax quarter for property owner West J. Lawery, Sr. to Garden State Abstract Company, North Crossing Garden Offices, 112J Centre Boulevard, Marlton, NJ 08053 (file #31505) for Block: 246, Lot: 11 also known as 16 Theresa Street to refund overpayment. 22. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $226.21 for 2006 1st half sewer charges to lienholder Josef Hoffman, 326 Shady Lane, Trenton, NJ 08619 (a payment of $380.00 was received in March 2006 for an unidentified property and deposited into the Township’s current fund resulting in not being posted to the actual owner’s sewer account for 2006 full year sewer charges) and issue a check in the amount of $189.75 to the Township Sewer Department to be applied to the owner’s sewer account for the 2006 2nd half sewer charges due October 1st, 2006 for Block: 118.01, Lot: 7 also known as 1700 N. Olden Avenue Ext.

23. Upon the thorough review and recommendation of the Municipal Tax Collector, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $2,209.87 for August 1, 2006 tax quarter for property owner Robert C. & Fern Leventhal to Robert C. & Fern Leventhal, 33 Farm Road, Ewing, NJ 08638 for Block: 223.07, Lot: 128 also known as 33 Farm Road to refund overpayment. 24. Upon the thorough review and recommendation of the Construction Official, William Erney, the Governing Body of the Township of Ewing does hereby resolve to authorize a REFUND in the amount of $201.00 to homeowner Thomas D. McMath, 99 Browning Avenue, Ewing, NJ 08638 for building permit #20041121. Homeowner will not be building addition due to medical reasons. 25. A Resolution authorizing a street closing on Conway Avenue and Grafton Avenue for a block party sponsored by Conway & Grafton Aves. Community Group on September 2nd, 2006 at 11:00 A.M. After the Finance Officer responded to questions by Council, the Consent Agenda was approved for action. ORDINANCE (S) FOR FIRST READING AND INTRODUCTION 1. President Apai presented ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF EWING TOWNSHIP IN THE COUNTY OF MERCER TO AMEND AND ORDINANCE NO. TO ESTABLISH A PERMIT PROCEDURE INCLUDING A FEE, FOR TEMPORARY STORAGE TRAILERS. (2006). Members of Council questioned various aspects of the proposed ordinance and it was referred back to the attorney for further development. 2. President Apai presented AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER PROHIBITING AND ESTABLISHING AN OFFENSE AND PENALTIES FOR GANG LOITERING WITHIN THE . TOWNSHIP OF EWING. (2006) - Mr. Summiel asked that the ordinance be pulled from consideration pending discussion about the issue with the Chief of Police. 3. President Apai presented AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER AUTHORIZING THE TOWNSHIP CHIEF FINANCIAL OFFICER TO DISBURSE CLAIMS UP TO $950,000 PURSUANT TO NJSA 40A:5-16 ET SEQ AND –17, PROVIDED THAT SUCH CLAIMS BE PRESENTED NO LATER THAN THIRTY (30) DAYS FROM PAYMENT AT A REGULARLY SCHEDULED TOWNSHIP COUNCIL MEETING FOR APPROVAL. (2006) Members of Council discussed the proposal with CFO Keyes, with particular concern about maintaining the Council’s statutory responsibilities for approval of payments. The ordinance was pulled from consideration pending further development by the attorney.. ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. President Apai presented AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY, AMENDING CHAPTER 205, TOWING AND STORAGE, TO REVISE THE FEES ASSOCIATED WITH TOWING AND STORAGE SERVICES. (As Amended) (2006). The ordinance was approved for action.

NEW BUSINESS President Apai presented the following items of new business for consideration, all of which were approved for action: 1. Introduction of FY 2006-2007 Municipal Budget. 2. A Resolution authorizing the acceptance of Credit Card and Electronic Receipts for Payment of Recreation Fees. 3. A Resolution affirming the Recreation Commission’s Adoption and Implementation of an Athletic Code of Conduct. 4. A Resolution Authorizing the Tax Appeal Settlement for Township of Ewing v. General’s Quarters Restaurant, Docket No. 005790-2006. 5. A Resolution Canceling Taxes on Properties Owned By the Township Of Ewing, More Specifically Block 237, Lot 6. 6. Emergency Temporary Appropriation STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC Kim Welebir, Ron Prykanowski(16 Thurston Ave), Kate Tuttle (8 Locke Court) and Faye Ball (47 Somerset St.) all commented on ordinances listed for first reading. Ms. Wollert moved to go into Closed Session to discuss contract negotiations, seconded by Mr. Summiel. At 7:39, the meeting was reopened. Mr. Steinmann then moved to adjourn the meeting, seconded by Ms. Wollert. The meeting was adjourned.

______________________________ Donald Apai, Council President

______________________________ Stephen Elliott, Municipal Clerk