Council Minutes 20070313

MARCH 13TH, 2007 – 7:00 P.M. REGULAR

SESSION

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

Dave Thompson, Administrator Mike Hartsough, Attorney Stephen Elliott, Municipal Clerk

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA Charles Green (979 Bear Tavern Road), Donald R. Brown (1005 Scenic Dr), Kate Tuttle (8 Locke Ct) and Kim Welebir (10 Currier Way) all stated that they felt that the proposed bond restructuring did not address the root cause of the Township’s fiscal problems and was simply a stop gap measure. CONSENT AGENDA: 07R-43 The Clerk presented the Consent Agenda: 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $283,801.98. 2. Approval of minutes of the meeting of February 27th (Agenda) and February 28th (Regular). 3. A Resolution to refund the total amount of $418.63 for February 1st, 2007 tax quarter to Rae R. Federico, 618 Masterson Court, Ewing, NJ 08618 for property owner Rae R. Federico for Block: 225.02, Lot: 56, Qual: C0618 also known as 618 Masterson Court to refund overpayment. 4. A Resolution to refund the total amount of $1,528.71 for February 1st, 2007 tax quarter to Countrywide Tax Services Corporation, Attention: Carol Chavious, SV3-24, P.O Box 10211, Van Nuys, CA 91410-0211, Loan 155814151 for property owner Cynthia M. Threatt & Jennifer Widdis for Block: 251, Lot: 11 also known 55 Broad Avenue to refund overpayment. 5. A Resolution authorizing the conduct of an off-premise raffle sponsored by Ewing Little League. 6. A Resolution authorizing the conduct of an off premise raffle sponsored by Enable, Inc. Mr. Steinmann moved the Consent Agenda, second by Ms. Wollert. ROLL CALL

Mr. Cox YES Mr. Murphy YES (recused On Hill-Wallack bills) Mr. Steinmann YES Ms .Wollert YES President Summiel YES

ORDINANCE (S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, REVISING CHAPTER 108, FIRE PREVENTION. (2007) Mr. Steinmann moved the ordinance, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES YES YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read AN ORDINANCE FIXING SALARIES FOR OFFICERS AND EMPLOYEES FOR THE FISCAL YEAR 2006-2007. (2007) – Tax Collector The public hearing was opened. Kate Tuttle, Donald Brown, Kim Welebir and Lou Inverso (1436 Heath St) all felt that the Township didn’t have the resources and that the raise should not be approved. Ms. Wollert responded that the raise for the Tax Collector was included in the current year’s budget and was not an additional budgetary supplement. Attorney Hartsough stated that reportedly the increase had been negotiated by the previous administration, and that if the Tax Collector were to leave, the functioning of the Township government would be seriously impaired. Mr. Cox agreed, as did Mr. Steinmann who stated that the salary was below that commonly paid to Tax Collectors in towns of similar size. The public hearing was then closed. Ms. Wollert moved the ordinance, seconded by Mr. Steinmann. ROLL CALL

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

YES YES YES YES YES

2. The Clerk read AN ORDINANCE FIXING SALARIES FOR OFFICERS AND EMPLOYEES FOR THE FISCAL YEAR 2006-2007. (2007) Administrator The public hearing was opened. Donald Brown and Kate Tuttle stated that they were adamantly opposed to giving the new Administrator more than that of the previous administrator had received. Don Apai (2181 Pennington Road) and Debbie Calle (511 Grand Ave) concurred. Lou Inverso and Ron Dykus (170 Upper Ferry Road) supported the ordinance, saying that the Mayor had the right to bring in his own people. There being no further comment, the public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES NO YES

K.

NEW BUSINESS 1. 07R-44 The Clerk read A RESOLUTION AUTHORIZING THE AUCTION OF SURPLUS PROPERTY. Mr. Steinmann moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 2. 07R-45 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR AUCTION SERVICES. Ms. Wollert moved the resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 3. 07R-46 The Clerk read A RESOLUTION AUTHORIZING EXECUTION OF NEW JERSEY DEPARTMENT OF TRANSPORTATION TRAFFIC SIGNAL AGREEMENT. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 4. 07R-47 The Clerk read A RESOLUTION AUTHORIZING THE TOWNSHIP ATTORNEY TO INSTITUTE FORECLOSURE COMPLAINTS FOR THE TOWNSHIP OF EWING REGARDING CERTAIN TOWNSHIP-OWNED TAX SALE CERTIFICATES. Ms. Wollert moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 5. 07R-48 The Clerk read A RESOLUTION AWARDING THE CONTRACT FOR AN INFRARED ROOF SCAN OF THE MUNICIPAL BUILDING to Infrared Consultants. Mr. Steinmann move the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 6. 07R-49 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A FAIR AND OPEN CONTRACT FOR THE PROVISION OF TOWNSHIP PHYSICIAN SERVICES to Robert Wood Johnson. Ms. Wollert moved the resolution, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 7. 07R-50 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR CONFLICT ENGINEER TO PENNONI ASSOCIATES, INC. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 8. 07R-51 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR TOWNSHIP ENGINEER TO ROBERT MANNIX OF SCHOOR DEPALMA. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 9. 07R-52 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR MUNICIPAL PROSECUTOR TO REED GUSCIORA, ESQ. Mr. Steinmann moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 10. 07R-53 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR PUBLIC DEFENDER TO JOHN HARTMAN, ESQ. Mr. Cox moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 11. 07R-54 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR TOWNSHIP CONFLICT PLANNER TO MICHAEL MUELLER, PP. Ms. Wollert moved the resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES

12. 07R-55 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR TOWNSHIP APPRAISERS TO PETER SOCKLER AND THOMAS DEMARTIN. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 13. 07R-56 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR RISK MANAGEMENT CONSULTANT TO DOMINIC CINELLI, BROWN & BROWN. Ms. Wollert moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 14. 07R-57 The Clerk readA RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR RENT CONTROL ATTORNEY TO EDWARD HOFFMAN, ESQ. Mr. Cox moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 15. 07R-58 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR TOWNSHIP AUDITOR TO EUGENE ELIAS. Mr. Steinmann moved the resolution, seconded by Ms. Wollert. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 16. 07R-59 The Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR SPECIAL COUNSEL TO HILL WALLACK AND MARC ROSELLI, ESQ. Ms. Wollert moved the resolution, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 17. 07R-60 The Clerk read A RESOLUTION CONCERNING THE IMPROVEMENT OF RAILROAD TRACKS AT THE WEST TRENTON TRAIN STATION BY

THE NEW JERSEY DEPARTMENT OF TRANSPORTATION AND THE CSX CORPORATION. Mr. Steinmann moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 18. 07R-61 The Clerk read A RESOLUTION AUTHORIZING THE PREPARATION AND SUBMISSION OF AN APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51 et. seq. Ms. Wollert inquired as what other actions were being contemplated by Administration with respect to the Township’s fiscal situation. Mr. Thompson said that they were still being developed. Mr. Hartsough said that the Township was looking at a number of possibilities and that it wanted to get the application to The Local Finance Board in a timely manner. There was nothing to prevent the Council from participating in the process. Mr. Cox moved the resolution, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel YES 19. 07R-62 The Clerk read A RESOLUTION GRANTING POLICE OFFICER SCOTT STANTON PERMISSION TO RECEIVE HIS SERVICE FIREARM. President Summiel delineated his reasons for opposing the resolution, saying that he did not feel it was appropriate to vote to permit the gifting of an operative firearm. Mr. Murphy moved the resolution, seconded by Mr. Steinmann. ROLL CALL

Mr. Cox Mr. Murphy

YES YES

Mr. Steinmann YES Ms. Wollert YES President Summiel

NO

COUNCIL REPORTS Mr. Murphy noted that the school budget for FY 2007-08 would have no tax increase for the second consecutive year, although class size is still an issue. He also felt that the district was making progress on residency and would like a review of the residency determinations and the adjudication process. Mr. Steinmann said that the Planning Board approved a new 140 room, 4 story, extended stay hotel. Mrs. Wollert marched in the St. Patrick’s Day parade in Trenton and would be attending the Economic development Committee meeting on Thursday. President Summiel discussed the TACT meeting later in March and informed Council that all the newly constructed apartments had been torn down because of the mold contamination. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC Lou Inverso(), Ron Dykus (Upper ferry Rd), Ray Stem (618 Latona Ave), Mildred Russell (119 King), Bruce Angebrandt (1501 Parkside Ave), Charles Green, Kate

Tuttle (8 Locke Ct) all expressed dismay at the removal of the police anti gang unit and the school resource officers from the schools and asked that all the officers be reinstated. Bill Hill (Bakun Way), Charles Ellis, Donald Brown, Kate Tuttle, Charles Green and all spoke in strong opposition to the removal of the anti gang unit from the streets. Various members of Council expressed dismay at the action taken and at the fact that they were not notified. The Mayor responded that the action had been taken due to over expenditure of the overtime appropriation and that the Township had no money left in the budget. He apologized for not informing Council. There being no further business, President Summiel asked for a motion to adjourn. Mr. Murphy so moved, seconded by Ms. Wollert. The meeting was adjourned at 8:52 pm.

______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk