Council Minutes 20070424

APRIL 24TH, 2007 - REGULAR MEETING President Summiel called the meeting to order at 7:32 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 - Absent Mr. Steinmann - Present Ms. Wollert - Absent President Summiel - Present

David Thompson, Administrator Michael Hartsough, Attorney Kim Macellaro, Deputy Clerk

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA: Trish DeCello (10 Chelmsford Drive) and Charles Green questioned the ordinance being introduced regarding fees for marriages and civil union ceremonies. Attorney Hartsough reported that modifications had been made to the ordinance and that it was needed in order for the Mayor to legally receive monies for performing such ceremonies.

CONSENT AGENDA: The Clerk presented the Consent Agenda (07R-83); 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $591,434.69. 2. Approval of minutes of the meeting of April 9th (Agenda) and April 10th (Regular). 3. A Resolution authorizing the Troy Avenue Civic Association to hold a block party on July 1st, 2007. 4. A Resolution authorizing the Palmer Lane/Lower Ferry Road Civic Association to hold a block party on May 28th, 2007. 5. A Resolution authorizing the conduct of a Chinese Auction Raffle sponsored by NRA Foundation New Jersey State Committee on Saturday, June 16th, 2007 at Diamond’s Riverside from 6:00 p.m. to 10:00 p.m. (Identification #414-5-34574, RL #1184). 6. A Resolution to REFUND the total amount of $13.00 for First Half 2007 Sewer to Mary Elizabeth Hughes, 219 Nancy Lane, Ewing, New Jersey 08638 for property owner Mary Elizabeth Hughes for Block: 214.02, Lot: 10 also known as 219 Nancy Lane to refund overpayment. 7. A Resolution authorizing a cancellation, as recommended by the Tax Collector, for incorrect usage in the amount of $1,547.00 for the 2007 full year sewer bill for property owner Samira Wood, Block 168, Lot 321 also known as 105 Crescent Avenue.

8. A Resolution authorizing a cancellation, as recommended by the Tax Collector, for waste water not going into sewer system in the amount of $10,692.50 for the 2007 full year sewer bill for property owner Arctic Products Co., Inc. for Block 42, Lot 15 also known as 22 Arctic Parkway. 9. A Resolution of Remembrance of Gerald Lawrence Ball. Mr. Steinmann moved the Consent Agenda, seconded by Mr. Cox. ROLL CALL

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

ABSENT ABSENT

F. ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1. The Deputy Clerk read AN ORDINANCE ESTABLISHING FEES AND PROCEDURES FOR REIMBURSEMENT OF MAYOR’S EXPENSES IN CONNECTION WITH MARRIAGE AND CIVIL UNION CEREMONIES. (2007) Mr. Steinmann moved the ordinance, seconded by Mr. Cox. ROLL CALL

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

ABSENT ABSENT

2. The Deputy 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 Clerk Mr. Steinmann moved the ordinance, seconded by Mr. Cox. ROLL CALL

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

ABSENT ABSENT

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Deputy 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 The public hearing was opened. A resident questioned whether the Judge was receiving a raise. Attorney Mike Hartsough explained that because of the volume of cases in municipal court another court session is being added and that the increase is reflective of that additional session. There being no further comment, the public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy

YES ABSENT

Mr. Steinmann YES Ms. Wollert President Summiel YES

ABSENT

2. The Deputy 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 The public hearing was opened. Stuart Gilmore (Gilmore Road) asked whether the Deputy Clerk was receiving a raise. Attorney Hartsough responded by saying that the last ordinance for this particular position was in 2005-2006 with a salary at $49,114.00. With the appointment a few months ago of a Deputy Clerk, Council is establishing a salary range. There being no further comment the public hearing was closed. Steinmann moved the ordinance, seconded by Mr. Cox.

ROLL CALL

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

Mr.

ABSENT ABSENT

NEW BUSINESS 1. 07R-84 The Deputy Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR A GRANT CONSULTANT.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. President Summiel asked about the consultants’ scope of work and projects to be determined. Attorney Hartsough responded. ROLL CALL

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

ABSENT ABSENT

2. 07R–85 The Deputy Clerk read A RESOLUTION AUTHORIZING EXECUTION OF A GRANT AMENDMENT AND AUTHORIZING EXECUTION OF ASSOCIATED AMENDMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STATEMENT OF THE CONSOLIDATED PLAN AND ANNUAL ACTION PLAN ACTIVITIES, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. After discussion by Council, President Summiel asked that Mr. Rukenstein come and speak to council about what his reformulated grant proposal would do and to make sure that monies allocated in the future are spent for what they were intended. ROLL CALL

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

ABSENT ABSENT

3. 07R-86 The Deputy Clerk read A RESOLUTION AUTHORIZING EXECUTION OF A RECYCLING TONNAGE GRANT APPLICATION.

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

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

ABSENT ABSENT

4. 07R-87 The Deputy Clerk read A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND TOWNSHIP OF EWING.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. President Summiel commented that his question regarding the salary paid had been resolved by the Chief of Police. ROLL CALL

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

ABSENT ABSENT

5. 07R-88 The Deputy Clerk read A RESOLUTION OF NEED FOR CONSTRUCTION OF AFFORDABLE HOUSING.

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

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

ABSENT ABSENT

6. 07R-89 The Deputy Clerk read A RESOLUTION AUTHORIZING EXECUTION OF NEW JERSEY DEPARTMENT OF TRANSPORTATION JURISDICTION AGREEMENT.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. Attorney Hartsough commented that Atchley Road is on the master plan and is therefore the responsibility of the Township, not the County. Mr. Steinmann said that he thinks this road should be maintained by the County but that should not hold up this resolution. President Summiel was concerned that once we pass the resolution, we would be locked into maintaining this road but that Council should act on the side of caution and approve this resolution with an understanding that Administration will pursue making Charles Ewing Blvd a County road. ROLL CALL

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

ABSENT ABSENT

7. 07R-90 The Deputy Clerk read A RESOLUTION TO APPLY FOR A 9-1-1 CONSOLIDATION STUDY GRANT.

Mr. Steinmann moved the resolution, seconded by Mr. Cox. Mr. Steinmann asked Mr. Thompson if it was the intent of Administration to get other communities to have a centralized 9-1-1 system and there be a public hearing to address it. Mr. Thompson commented that a grant needed to be awarded so they could conduct a feasibility study. Mr. Thompson added that a hearing should be done in all towns.

ROLL CALL

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

ABSENT ABSENT

COUNCIL REPORTS Mr. Cox reported that he has attended the School District’s strategic planning meeting and that he had also met with the Mercer County committee planning restorations at the former Jewish Community Center. Mr. Steinmann reported that at the site review meeting, there was discussion about creating an R-4 Zone that both the Hyatt and Weston hotel chains were considering locating in the Township and that Lowes would be making a presentation to the Planning Board. He also reported that that there had been two meetings on flood mitigation and that the existing plan is being expanded. Once completed it will be presented to the State. President Summiel asked Mr. Steinmann if the Hyatt was proposing a banquet facility. Mr. Steinmann reported that it is a Hyatt Express and there would be no banquet facility. Mr. Steinmann reported that there is a hotel chain that is very interested in building at the Atchley Tract and it would have a conference room and banquet facility. President Summiel reminded the public that the Delaware River Joint Toll Bridge Commission would be holding a meeting on May 9th, 2007 at 7:30 pm in the Council room. Mr. Steinmann commented that with regard to the last storm and flooding, the grids were turned off and it affected a large area, including homes that did not have a water problem. PSE&G is working to better control the power in such situations. President Summiel mentioned that the Mayor’s meeting is held on the third Wednesday of the month at 7:00 pm in the Council Chambers.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Ron Prykanowski (16 Thurston) expressed that the major department stores do not use zip codes, they use census tract. Mr. Green (979 Bear Tavern Road) commented on the consolidation study grant with regard to 9-1-1 and expressed that if there were a September 11th situation again, it would be important to take care of our own township. There being no further business, President Summiel called for a motion to adjourn, which motion was made by Mr. Steinmann and seconded by Mr. Cox. The meeting was adjourned at 8:38 pm. ______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk