Council Minutes 20070123

EWING TOWNSHIP COUNCIL JANUARY 23RD, 2007 REGULAR MEETING

President Summiel called the meeting to order at 7:01 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 4th day of January 2007. ROLL CALL ƒ ƒ ƒ ƒ ƒ

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

Atty Meghan Schwartz Atty Michael Hartsough (after appt) Clerk Stephen Elliott

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA: Green (979 Bear Tavern) GH Friedlander (10 Riverview), Ken Green (201 Mansfield) transparency do it in open, here to have respectful communication, Angela Tolleris (Highgate Drive), Ken Herbst (10 Aquetong Lane), Kate Tuttle (8 Locke Court) all commented on the pending appointment of David Thompson as Business Administrator. The all voiced concerns about the fact that Mr. Thompson will be living out of town for a period and that he would be given a $10,000 raise over the incumbent. There were additional concerns that the public did not have enough information about Mr. Thompson. Council pointed out that a salary ordinance would need to be adopted for the raise to go into effect. Ron Dykus (Upper Ferry Road) Bob Brooks (16 Main Blvd) and Trish DeCello (10 Chelmsford) commented that the law allows the Mayor to appoint the Administrator and that Mr. Thompson should be given a chance. CONSENT AGENDA: 07R-13 The Clerk presented the Consent Agenda: 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $1,280,005.75. 2. Approval of minutes of the meeting of December 18th, 2006 (Agenda) and December 19th, 2006 (Regular), and January 3, 2007 (Reorganization) 3. A Resolution appointing Scott Butterfield to the Ewing Township Environmental Commission 4. A Resolution authorizing a REFUND as recommended by the Township Construction Official, in the amount of $165.00, to Mr. Phillip F. Marchetti, 72 Federal City Road, Ewing, NJ 08638-1322, for a water service permit (#20061882) and a street opening permit. Homeowner will no longer be doing this job. 5. A Resolution to REFUND the total amount of $217.86 for February 1st, 2007 tax quarter to Issac & Rosetta Pennant, 20 Greenland Avenue, Ewing, NJ 08638 for property owner Issac & Rosetta Pennant for Block: 65, Lot: 16 also known 20 Greenland Avenue to refund overpayment.

6. A Resolution to REFUND the total amount of $79.87 for November 1st, 2006 added tax quarter to Verna D. Wilson, 225 Hazelhurst Avenue, Ewing, NJ 08638 for property owner Verna D. Wilson for Block: 76, Lot: 389 also known 225 Hazelhurst Avenue to refund overpayment due to County Board Judgment (appeal #02-0600001A). 7. A Resolution authorizing the conduct of a 50/50 raffle sponsored by Prospect Heights Fire Co. Ladies Auxiliary (Identification #138-9-9365) (RL-1180) to be held on April 1st, 2007 from 8:00 a.m. – 12:00 noon at Prospect Heights Fire Co., 1660 9th Street, Ewing, NJ 08638. Mr. Cox moved the Consent Agenda, seconded by Ms. Wollert. ROLL CALL

Mr. Murphy YES (abstain on Hill Wallack) Mr. Steinmann YES Ms. Wollert YES Mr. Cox YES President Summiel YES

ORDINANCES FOR FIRST READING AND INTRODUCTION The Clerk read AN ORDINANCE OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY, VACATING THE PAPER STREETS KNOWN AS STONE AND ADRIAN AVENUES, JULIUS PLACE, AND GOLD STREET IN THE TOWNSHIP OF EWING. (2007) Mr. Steinmann moved the ordinance, seconded by Mr. Cox. ROLL CALL

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

YES YES YES YES YES

The Clerk read AN ORDINANCE OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, STATE OF NEW JERSEY, REVISING THE BILLING DATES FOR BASIC INSPECTION FEES FOR NON-LIFE HAZARD USES IN CHAPTER 100, FEES. (2007) Mr. Steinmann moved the ordinance, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

NEW BUSINESS Prior to action, Mrs. Wollert commented on the professional appointments. She stated that Council was committed to moving forward in the best possible way and that proper information was required. She did not receive resumes until December 27th and with the Reorganization meeting on January 1 there was not time to properly review the material. Mr. Murphy added that he did not receive resumes to review until December 27 and that individual Council members met with the Mayor elect to expedite procedure 1.

07R-14 A Resolution approving a Professional Services Contract for Michael T. Hartsough, Esq. as Township Attorney under the Non-Fair and Open Process (Pay To Play) which appointment to include Labor Negotiator and Condemnation Board Attorney, for a term concluding December 31, 2007.

Mr. Steinmann moved the resolution, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES YES YES

2. 07R-15 A Resolution appointing David W. Thompson as Business Administrator, subject to the approval by the Division of Local Government Services of a waiver, which appointee to serve during the term of the Mayor. Mr. Steinmann asked that the resolution be read aloud. Mr. Murphy quoted a letter from the Division, indicating that the raise will require approval, and that that determination would be the prerogative of Division. Mr. Murphy added that if the Division approves the raise, so would he. Mrs. Wollert noted that the issue of residency was important and that she was looking forward to Mr. Thompson moving into town. Mr. Murphy moved the resolution, seconded by Mr. Cox. ROLL CALL

3.

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

YES YES YES YES YES

07R-16 A Resolution appointing Ted Forst as Director of Community Services, which appointee to serve during the term of the Mayor.

Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

4.

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

YES YES YES YES YES

07R-17 A Resolution appointing Hill Wallack (Maeve Cannon, Esq.) and Marc Roselli, Esq. as Special Counsels, which appointments to expire December 31, 2007.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. ROLL CALL

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

ABSTAIN YES YES YES YES

5. 07R-18 A Resolution appointing Edward Hoffman, Esq. as Rent Control Attorney, which appointment to expire December 31, 2007. Mr. Murphy moved the resolution, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

6. 07R-19 A Resolution appointing Reed Gusciora, Esq. as Municipal Prosecutor, which appointment to expire December 31, 2007.

Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

7. 07R-20 A Resolution appointing John Hartman, Esq. as Public Defender, which appointment to expire December 31, 2007 Mr. Cox moved the resolution, seconded by Mr. Steinmann. ROLL CALL

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

YES YES YES YES YES

8. 07R-21 A Resolution appointing Peter Sockler and Thomas DeMartin as Township Appraisers, which appointment to expire December 31, 2007. Ms. Wollert moved the resolution, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES YES YES

9. 07R-22 A Resolution appointing Eugene Elias as Township Auditor, which appointment to expire December 31, 2007. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

10. 07R-23 A Resolution appointing Robert Mannix of Schoor Depalma as Township Engineer, which appointment to expire December 31, 2007. Mr. Murphy moved the resolution, seconded by Mr. Steinmann. ROLL CALL

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

YES YES YES YES YES

11. 07R-24 A Resolution appointing Penoni Associates as Township Conflict Engineer, which appointment to expire December 31, 2007. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

12. 07R-25 A Resolution appointing Michael Mueller, PP as Township Conflict Planner, which appointment to expire December 31, 2007. Ms. Wollert moved the resolution, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES YES YES

13. 07R-26 A Resolution appointing Dominic Cinelli, Brown & Brown as Township Risk Management Consultant, which term to expire December 31, 2007. Ms. Wollert moved the resolution, seconded by Mr.Cox. ROLL CALL

14.

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

YES YES YES YES YES

07R-27 The Clerk read A Resolution approving the advertising under Fair and Open Contracting (Pay To Play) of the Recodification of Township Code and the Township Land Development Ordinance.

Mayor Ball asked for removal. Mr. Hartsough stated that Council doesn’t have authority and President Summiel asked for an open and transparent deliberation. Murphy moved to table, seconded by President Summiel. Mrs. Wollert stated that this had been an ongoing issue for some time and that funding had already been provided for benefit of residents. Mr. Steinmann agreed, as did Mr. Cox, who thought it should be done as quickly as possible. A vote to table the resolution 2-3. Mr. Steinmann then moved the resolution, seconded by Mr. Cox. ROLL CALL

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

YES YES YES YES YES

15. 07R-28 The Clerk read A Resolution authorizing application for a “Share” Grant for the shared use of a truck wash with neighboring municipalities. Mr. Steinmann moved the resolution, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES YES YES

REPORTS FROM COUNCIL Mr. Steinmann reported that he Planning Board was reviewing the issue of planning board impervious surfaces on February 1. The Board will make a recommendation and report it to Council for action. He further stated that the contracts for the Hibbert building had been signed. The roof will be stabilized first and then work would be commenced on the animal shelter.

Mr. Murphy voiced his desire to reinstitute MLK observance March 24 at Hollowbrook and that he was looking for workspace for the High School robotics team. Construction Official Erney and Freeholder Walter were also looking for space. Mr. Cox reported on the Upland Avenue incident. The Council advisory thanked Attorney Meghan Schwartz and the firm of Hill Wallack for their support. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Ron Ungarini (8 Honeywood Lane) asked about conflict attorney appointments and Attorney Hartsough explained. Charles Green congratulated Mr. Thompson on his appointment. Robert Wittick (1918 Pennington Road) voiced his concern about mold in three buildings built by The College of New Jersey and their ongoing demolition. Don Apai (2121 Pennington Road) complained about Comcast changing its programming (HBO) and suggested that the cable advisory committee be reconstituted. It should look at competition with Verizon and ongoing Comcast practices. Dave Martin (16 Dawes), Trish DeCello and Charles Jenning (15 Bent Twig) also commented on the cable issue. ADJOURNMENT There being no further business, Mr. Steinmann moved to adjourn the meeting, seconded by Ms. Wollert. The meeting was adjourned at 9:07 pm.

______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk