Council Minutes 20070410

APRIL 10TH, 2007 – 7:00 P.M. REGULAR

SESSION

President Summiel called the meeting to order at 7:01 pm to read the Open Public Meeting 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 Mr. Murphy Mr. Steinmann Ms. Wollert President Summiel

Mr. Thompson, Administrator Mr. Hartsough, Attorney Mr. Barrett, CFO

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA Ron Prykanowski (16 Thurston Ave) urged Council to pass the bond ordinance, stating that the Township had a spending problem. Tom Toth (15 Cory Dr) also stated that the Township must cut spending and that the JCC should be given back to the County. Charles Green (979 Bear Tavern Rd) asked if residents would pay more over time with the bond issue and also felt that the discomfort voiced by some people about the “Distressed Cities” term was misplaced. President Summiel responded that there would be budget savings in the first couple years and that over time residents would pay more. President Summiel acknowledged the presence of Gen. Glenn Reith who had three Township Boy Scouts attending the meeting who were working on their Citizenship Merit Badges. CONSENT AGENDA: The Clerk presented the Consent Agenda: 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $297,980.71. 2. Approval of minutes of the meeting of March 26th (Agenda) and March 27th (Regular). 3. A Resolution authorizing a refund by the Construction Official, in the amount of $45,055.00, to Opus East, L.L.C., 610 West Germantown Pike, Suite 400, Plymouth Meeting, PA 19462, for a new construction, foundation permit (#20061752). This footing and foundation fee was calculated and covered under the “new building” permit (#20062106). 4. A Resolution authorizing approval to Richard D. Hopkins to re-enroll as a member in the New Jersey State Firemen’s Association. 5. A Resolution to REFUND the total amount of $27.00 for First Half 2007 Sewer to Joseph L. Mooney, III, P.C., 315 Market Street, Mill Hill, Trenton, NJ 08611 (Ref: check #18928) for property owner Joel J. Sanchez for Block: 341, Lot: 3 Qual: C-467 also known as 467 Silvia Street to refund overpayment.

6. A Resolution to REFUND the total amount of $144.50 for 2007 Sewer bill to John J. Monahan, 24 Misty Morn Lane North, Ewing, New Jersey 08638 for property owner John J. Monahan for Block: 559, Lot: 49 also known as 24 Misty Morn Lane North to refund overpayment. 7. A Resolution to REFUND the total amount of $40.50 for First Half 2007 Sewer to Teoh Kok-Sin, 20 Woodbury Court, Princeton Jct., New Jersey 08550 for property owner Teoh Kok-Sin for Block: 190, Lot: 261 also known as 8 Heath Street to refund overpayment. 8. A Resolution to CANCEL the total amount of $1,678.74 for First Half 2007 taxes due to fire which occurred on 12/8/06 and REFUND the total amount of $184.69 due to overpayment to Jacob & Janet M. Kokaly, c/o Thomas Lanigan, 11 Lilac Drive, Ewing, New Jersey 08638 for property owner Jacob & Janet M. Kokaly for Block: 214.06, Lot: 15 also known as 120 Nancy Lane. 9. A Resolution authorizing PRIVATE SALE by assignment of certain tax certificate pursuant to NJSA 54:5-113, specifically Block 13, Lots 32, 32.03 and 32.04, 1321 Princeton Avenue, to RTCP Associates, LP. 10. A Resolution canceling the total amount of $10,692.50 for Arctic Products, Inc., 22 Arctic Parkway, Ewing, New Jersey 08638 due to an over-billing for wasted water. Mr. Steinmann moved the Consent Agenda, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

ORDINANCE (S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2006-2007 (2007) – Municipal Judge. Mr. Hartsough explained that an increased caseload in the Court has necessitated additional sessions and the salary change reflects this. Mr. Murphy moved the ordinance, seconded by Ms .Wollert. ROLL CALL

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

YES YES YES YES YES

2. The Clerk read AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2006-2007 (2007) – Deputy Clerk. Mr. Hartsough explained the need to create a range the title and bring it up-to-date. President Summiel noted the importance of having a qualified Deputy in the Clerk’s Office. Mr. Murphy moved the ordinance, seconded by Ms. Wollert. ROLL CALL

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

YES YES YES YES YES

3. The Clerk read A REFUNDING BOND ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO $6,500,000.00 OF GENERAL OBLIGATION REFUNDING BONDS OF THE TOWNSHIP OF EWING; TO PROVIDE FOR THE REFUNDING OF CERTAIN OF THE TOWNSHIP’S OUTSTANDING GENERAL OBLIGATION BONDS; MAKING CERTAIN DETERMINATIONS AND COVENANTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING. (2007) Mr. Hartsough summarized the reasons for the ordinance and that its introduction would provide the Township with options to go to the Local Finance Board. Ms. Wollert stated that she was opposed to the refinancing because it simply postpones the payment of debt and increases the burden on taxpayers. Mr. Murphy said that he would vote for introduction but reserve judgment on final adoption pending additional information being supplied by Administration. Mr. Cox said that he supported the ordinance fully, and Mr. Steinmann and President Summiel said that they had some reservations but that introduction was just an initial step. Mr. Steinmann moved the ordinance, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES NAY YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2006-2007. (2007) – Chief Financial Officer The public hearing was opened and there being no public comment the hearing was closed. Mr. Steinmann moved the ordinance, seconded by Mr. Murphy. ROLL CALL

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

YES YES YES NAY YES

2. The Clerk read AN ORDINANCE AMENDING THE EWING TOWNSHIP SALARY ORDINANCE ESTABLISHING COMPENSATION OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF EWING FOR THE FISCAL YEAR 2006-2007. (2007) – Accountant The public hearing was opened. Kate Tuttle (8 Locke Ct) and Charles Green (979 Bear Tavern) commented on the ordinance. President Summiel responded to some concerns by saying that the issue of the salary is separate from that of the person. There being no further comments the public hearing was closed. Ms. Wollert moved the ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy Mr. Steinmann

YES NAY NAY

Ms. Wollert YES President Summiel YES

3. The Clerk read AN ORDINANCE ESTABLISHING FEES AND PROCEDURES FOR REIMBURSEMENT OF MAYOR’S EXPENSES IN CONNECTION WITH MARRIAGE AND CIVIL UNION CEREMONIES. (2007) The public hearing was opened and there being no public comment, the hearing was closed. Mr. Steinmann and Ms. Wollert stated their opposition to the ordinance because it gave the Mayor discretion as to who could or could not pay. They would support the ordinance if some of the language was tightened. Mr. Hartsough commented that the ordinance was a direct copy of a League of Municipalities model ordinance and that the language could certainly be adjusted. After discussion, Council decided to defeat the ordinance and look for a revised version. Mr. Murphy moved the ordinance, seconded by Mr. Cox. ROLL CALL

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

YES NAY NAY NAY NAY

The ordinance was defeated.

4. The Clerk read AN ORDINANCE VACATING UTILITY EASEMENTS ALONG A PREVIOUSLY VACATED RIGHT OF WAY. (2007) The public hearing was opened and there being no public comment, the hearing was closed. 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

5. 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 AND JULIUS PLACE IN THE TOWNSHIP OF EWING. (2007) The public hearing was opened. Frank Marchetti (2 Adrian Ave) asked about the the ordinance as it related to his property. The meeting was recessed while Mr. Hartsough discussed the matter with Mr. Marchetti. When the meeting reconvened, Mr. Marchetti said that his concerns had been answered and thanked the Council. The public hearing was then closed. 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

NEW BUSINESS 1. The Clerk read A RESOLUTION AUTHORIZING THE ISSUANCE OF A DUPLICATE TAX SALE CERTIFICATE PURSUANT TO CHAPTER 99 OF THE PUBLIC LAW OF 1997. Mr. Steinmann moved the resolution, seconded by Ms. Wollert.

ROLL CALL

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

YES YES YES YES YES

2. The Clerk read A RESOLUTION AUTHORIZING FILING OF A TAX APPEAL FOR PRINCETON SOUTH DEVELOPMENT, LLC, BLOCK 225.01, LOT 1Q. Ms. Wollert moved the resolution, seconded by Mr. Steinmann.

ROLL CALL

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

YES YES YES YES YES

3. The Clerk read A RESOLUTION AUTHORIZING A PERSON-TO-PERSON TRANSFER FROM IM ESPRESSO, LLC (1102-33-011-006); A PLENARY RETAIL CONSUMPTION LIQUOR LICENSE, TO JBL FUTURES, LLC. Mr. Steinmann moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

4. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $540.00 FROM THE TOBACCO AGE OF SALE GRANT PROGRAM. Ms. Wollert moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

5. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $36,310.53 FROM THE CLEAN COMMUNITIES GRANT PROGRAM. Mr. Steinmann moved the resolution, seconded by Ms. Wollert.

ROLL CALL

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

YES YES YES YES YES

6. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $260,093.00 FROM THE ENHANCED 911 GRANT PROGRAM. Mr. Murphy moved the resolution, seconded by Mr. Cox.

ROLL CALL

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

YES YES YES YES YES

7. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $5,000.00 FROM THE COMMUNICABLE DISEASE HEP B VACCINE GRANT PROGRAM. Ms. Wollert moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

8. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $60,000.00 FROM THE SAFE AND SECURE GRANT PROGRAM. Mr. Murphy moved the resolution, seconded by Ms. Wollert.

ROLL CALL

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

YES YES YES YES YES

9. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $3,840.81 FROM THE DRUNK DRIVING ENFORCEMENT FUND (DDEF) GRANT PROGRAM. Mr. Steinmann moved the resolution, seconded by Mr. Cox.

ROLL CALL

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

YES YES YES YES YES

10. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $1,930.80 FROM THE COPS IN SHOPS GRANT PROGRAM. Ms. Wollert moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

11. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $1,000.00 FROM THE NEW JERSEY MANUFACTURERS EMS GRANT PROGRAM. Mr. Steinmann moved the resolution, seconded by Mr. Cox.

ROLL CALL

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

YES YES YES YES YES

12. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $5,000.00 FROM THE EMERGENCY MANAGEMENT ASSISTANCE GRANT PROGRAM. Ms. Wollert moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

13. The Clerk read A RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $7,569.19 FROM THE BODY ARMOR REPLACEMENT FUND GRANT PROGRAM. Mr. Steinmann moved the resolution, seconded by Mr. Murphy.

ROLL CALL

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

YES YES YES YES YES

COUNCIL REPORTS Mr. Murphy reported that two cases would be held in Municipal Court tomorrow concerning Township residents illegally housing students attending the Township’s public schools and that he would be in attendance. Mr. Steinmann said that the Planning Board had reviewed the Statement of the Master Plan and that the Site Review Committee discussions about the paving of driveways on rental properties. He Community Fest would be held at TCNJ on October 8th with the from foreign lands.

Environmental was continuing also noted that theme of foods

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Dick Russo (12 Seven Oaks Ln) asked if DCA had approved the new senior center and if the Township was aware of the costs associated with it. Jim Matlock (28 Chelmsford) noted the increased number of rental properties in his neighborhood. Todd Roundtree (110 Crescent Ave) commended the police for apprehending bank robbers that week and asked if there were any special preparations being made to handle off campus drinking during Senior Week. Mr. Thompson will check out the matter. Charles Green (979 Bear Tavern Rd) asked about the salary ordinance for the accountant. Kate Tuttle (8 Locke Ct) stated that the Township needed to buckle down and do what’s necessary, including raising enough taxes to pay for required services and not go to the State for more aid. Ron Dykus (170 Upper Ferry Rd) and Trish DeCello (10 Chelmsford) also expressed concerns about the Township’s financial status. President Summiel, Mr. Steinmann and Mr. Murphy commented that they felt that the Township needed more revenue, that the Distressed Cities designation had no impact on property values and that quite a number of flourishing municipalities were also receiving this aid, known as “Special Municipal Aid”. Tom Toth (15 Corey Dr) said that no estimates had been made on the JCC property, Bob Wittick (1918 Pennington Road) said that he had attended the presentation at the College on the 15 Year Plan, and Mildred Russell (119 King Ave) said that the Township should put an ad in the Ewing Observer regarding the pick up of dead leaves.

There being no further business, President Summiel asked for a motion to adjourn. Mr. Steinmann so moved, seconded by Ms. Wollert. The meeting was adjourned at 9:25 pm.