Council Minutes 20070522

MAY 22ND, 2007 – 7:30 P.M.REGULAR MEETING President Summiel called the meeting to order at 7:30 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 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

David Thompson, Administrator Michael Hartsough, Attorney Kim Macellaro, Deputy Clerk John Barrett, CFO

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA: Charles Green (979 Bear Tavern Road) wanted to know how bond counsel is being paid with regard to the Resolution authorizing special notes. John Barrett responded. CONSENT AGENDA: The Clerk presented the Consent Agenda (07R-97); 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $589,970.88. 2. A Resolution to refund the total amount of $939.05 for May 1st, 2007 tax quarter to Countrywide Home Loans, 1757 Tapo Canyon Road, Suite 300 MS: SVW-24, Simi Valley, CA 93063, Attn: Refund Unit for property owner Sage Wagner, 4 Blackfoot Road, Pennington, NJ 08534 for Block: 154, Lot: 19, also known as 1 Sussex Street to refund overpayment. 3. A Resolution to refund the total amount of $1,214.99 for May 1st, 2007 tax quarter to General Abstract & Title Agency, 1155 Whitehorse-Mercerville Road, Hamilton, NJ 08619, Ref: GL-42295 for property owner Joseph & Denise R. Lewis for Block: 488, Lot: 16, also known as 23 Glen Mawr Drive to refund overpayment. 4. A Resolution to refund the total amount of $1,167.29 for May 1st, 2007 tax quarter to Mark Ingraham, Attorney at Law, 23 North 31, Pennington, NJ 08534 for property owner William Bolmer for Block: 588, Lot: 14, also known as 2 Boleyn Court to refund overpayment. 5. A Resolution to refund the total amount of $2,288.33 for May 1st, 2007 tax quarter to Jean M. Wilkinson & Zuline Gray Wilkinson, 15 Locke Court, Ewing, NJ 08628 for property owner Jean M. Wilkinson & Zuline Gray Wilkinson for Block: 420.01, Lot: 87, also known as 15 Locke Court to refund overpayment.

6. A Resolution to refund the total amount of $939.05 for May 1st, 2007 tax quarter to Anthony J. Apicelli, Jr., LLC, Attorney at Law, Lexington Square Commons, 2121 State Highway #33, Hamilton, NJ 08690-1740 for property owner Sage Wagner for Block: 154, Lot: 19, also known as 1 Sussex Street to refund overpayment. 7. A Resolution to refund the total amount of $1,879.14 for May 1st, 2007 tax quarter to Harry L. & Mary C. Graham, 10 Creek Rim Drive, Titusville, NJ 08560 for property owner Harry L. & Mary C. Graham for Block: 501, Lot: 1, also known as 20 Delaware Avenue to refund overpayment. 8. A Resolution to refund the total amount of $866.65 for May 1st, 2007 tax quarter to Clear Advantage Title, Inc., 1670 Whitehorse Hamilton Sq. Rd., Hamilton, NJ 08690, Ref: H-16348 for property owner Lottie S. Lewis for Block: 66, Lot: 58, also known as 131 Homecrest Avenue to refund overpayment. 9. A Resolution to refund the total amount of $1,097.48 for May 1st, 2007 tax quarter to Michael E. Procaccini, Jr., 90 Ridgewood Avenue, Ewing, NJ 08618 for property owner Michael E. Procaccini, Jr. for Block: 258, Lot: 90, also known as 90 Ridgewood Avenue to refund overpayment. 10. A Resolution to refund the total amount of $2,064.85 for May 1st, 2007 tax quarter to Richard B. Gelade, Law Offices, 28 West Lafayette Street, Trenton, NJ 08608 for property owner Lincoln B. & Doris M. White for Block: 193.01, Lot: 8, also known as 116 Honeysuckle Drive to refund overpayment. 11. A Resolution to refund the total amount of $2,498.10 for May 1st, 2007 tax quarter to Nations Title Agency Inc. NLS, 3700 Corporate Drive, Suite 200, Columbus, Ohio 43231, File #: 07CM07389 for property owner Richard Ricketts & Latoya Darien for Block: 167, Lot: 159.01, also known as 187 Browning Avenue to refund overpayment. 12. A Resolution to refund the total amount of $1,696.58 for May 1st, 2007 tax quarter to Nations Title Agency Inc. NLS, 3700 Corporate Drive, Suite 200, Columbus, Ohio 43231, File #: 07CM07003 for property owner Charles E. Hill ux for Block: 221, Lot: 6, also known as 12 Stuart Avenue to refund overpayment. 13. A Resolution to refund the total amount of $1,217.08 for May 1st, 2007 tax quarter to Chase Home Finance, 10401 Deerwood Park Blvd., 2nd Flr., Jacksonville, FL 32256 for property owner Gwendolyn Laverne Richardson for Block: 269, Lot: 60, also known as 54 Central Avenue to refund overpayment. 14. A Resolution to refund the total amount of $2,145.64 for May 1st, 2007 tax quarter to First American Real Estate Tax Service, Attn: Tax Refunds, 1 First American Way, Mail Code: DTW 1-3, Westlake, TX 76262, Contract #79789026 for property owner Susan Fowler for Block: 193.01, Lot: 23, also known as 35 Sundew Drive to refund overpayment. 15. A Resolution to refund the total amount of $33.00 for 2007 First Half Sewer Bill to Margaret Walker, 337 Hillcrest Avenue, Ewing, NJ 08618 for property owner Margaret Walker for Block: 306, Lot: 18, also known as 337 Hillcrest Avenue to refund overpayment.

16. A Resolution to refund the total amount of $1,302.07 for May 1, 2007 tax quarter to GMAC Mortgage Company, P.O. Box 961219, Fort Worth, TX 76161-0219 for property owner Wilbur D. & Nancy E. McCoy for Block: 73, Lot: 28, also known as 25 New Hillcrest Avenue to refund overpayment. 17. A Resolution to refund the total amount of $857.20 for May 1, 2007 tax quarter to Michael S. & Sandra L. Rainier, 30 Albemarle Avenue, Ewing, NJ 08638 for property owner Michael S. & Sandra L. Rainier for Block: 81, Lot: 115, also known as 30 Albemarle Avenue to refund overpayment. 18. A Resolution authorizing a refund by the Construction Official, in the amount of $25.00, to Christopher J. Iraca, 4 Van Saun Drive, Ewing, NJ 08628, for a driveway permit. Homeowner will not be doing work at this time.

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

Mr. Cox Mr. Murphy

YES YES (recused on Hill Wallack bills) Mr. Steinmann YES Ms. Wollert YES President Summiel YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 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) The public hearing was opened. There being no public comment, the public 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

3. 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 The public hearing was opened. There being no public comment, the public hearing was closed. Mr. Steinmann moved the ordinance, seconded by Mr. Murphy. ROLL CALL Mr. Cox YES Mr. Murphy YES Mr. Steinmann YES Ms. Wollert YES President Summiel YES

NEW BUSINESS 1. 07R-98 The Deputy Clerk read A RESOLUTION AUTHORIZING THE PERSON-TO-PERSON TRANSFER OF 1546 CORPORATION T/A LANDMARK WINE AND SPIRITS (1102-32-009-002); A PLENARY RETAIL CONSUMPTION LIQUOR LICENSE, TO SHRI GOVINDA COMPANY, INC.

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. 07R-99 The Deputy Clerk read A RESOLUTION OF THE TOWNSHIP OF EWING, MERCER COUNTY, STATE OF NEW JERSEY AUTHORIZING SUBSTITUTES TO ACT AS MUNICIPAL PROSECUTOR.

Mr. Murphy moved the resolution seconded by Mr. Cox. President Summiel clarified that this resolution allows the township to have a substitute municipal prosecutor for times when our duly appointed prosecutors have a conflict. ROLL CALL

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

YES YES YES YES YES

3. 07R–100 The Deputy Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A FAIR AND OPEN CONTRACT FOR THE REPLACEMENT OF A PORTION OF THE ROOF AT THE HOLLOWBROOK COMMUNITY CENTER.

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

4. 07R-101 The Deputy Clerk read A RESOLUTION AUTHORIZING THE AWARD OF A FAIR AND OPEN CONTRACT FOR THE REPAIR OF THE POOL AT THE HOLLOWBROOK COMMUNITY CENTER.

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

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

YES YES YES YES YES

5. 07R-102 The Deputy Clerk read RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EWING, COUNTY OF MERCER, NEW JERSEY AUTHORIZING THE ISSUANCE AND SALE OF UP TO $128,800 OF SPECIAL EMERGENCY NOTES OF THE TOWNSHIP OF EWING; MAKING CERTAIN COVENANTS TO MAINTAIN THE

EXEMPTION OF THE INTEREST ON SAID NOTES FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF THE NOTES.

After a brief explanation by CFO Barrett, Mr. Steinmann moved the resolution, seconded by Ms. Wollert. Mr. Steinmann commented on the motion that he looks forward to the information that CFO Barrett would provide them. ROLL CALL

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

YES YES YES YES YES

COUNCIL REPORTS Mr. Steinmann reported on the overlay ordinance, already in effect in East Lansing, Michigan, to limit the number of rental units put in any one zone. He hoped that it will be introduced in Ewing in the near future. Hovnanian should start their building of 52 unit garden townhouses on Parkside Ave and are just waiting for a permit from the DEP. The Community Fest will be held in October, 2007 and the sponsors will be the same as last year. Ms. Wollert reported that she will be involved with the food portion of Community Fest and is looking forward to expanding the food opportunities for all to enjoy. She questioned Mr. Thompson about the removal of “Distressed Cities” list and wondered if a letter had been received. Mr. Thompson responded that he had not received it but would supply Council with a copy upon receipt. Mr. Murphy reported that the School Board was holding its National Honor Society Award Program tonight. He also reported that the court case for illegally enrolled students in the Township is May 30th at 1:00 pm and he would be attending. Mr. Cox reported on Senior Citizens activities and improvements at the former JCC site. There was a Senior Dance last week with more than 80 people in attendance. The County will be having an open house at the Center on June 20 and on June 21 the seniors will be having their annual picnic. The pool will be opening in June with a family fee of $350 for residents and $600 for nonresidents. Seniors will be charged $95 for the season. He also attended the Ewing High School Strategic Planning Advisory Board where the discussion centered on negative publicity involving gangs at the High School. President Summiel reminded the public that the Patriotic Committee would be holding the annual ceremony for Memorial Day, Monday at 11:00 am and all are invited. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS NOT ON THE AGENDA Kate Tuttle (8 Locke Court) wanted organizational charts from Mr. Thompson. She also questioned the budget process in terms of revenue and monies with regard to State Aid. CFO Barrett responded. Mark Federer wanted to bring to Councils’ attention that the walking track beside the municipal building has half of its lights out. Also, he thinks that the noise ordinance should be changed from 9:00 am to 10:00 pm

Frank Bogden (Homecrest Ave) complained that the noise level at Buddy’s Shamrock was unbearable at times and a recent block party was disastrous. He has registered complaints several times to the police and they responded but it still continues to happen. Attorney Hartsough responded by saying that he and the construction official will make sure they are in compliance. President Summiel said that Council and Administration will review the complaint and Chief Coulton will be at the first meeting in July to discuss the progress. Another neighbor from Homecrest also complained that patrons should not be allowed to drink outside. Bob Brooks (Main Blvd) wanted to know how we are coming out of the distressed cities mode. CFO Barrett responded. There being no further business, President Summiel called for a motion to adjourn, which motion was made by Mr. Steinmann and seconded by Ms. Wollert. The meeting was adjourned at 8:46 pm. ______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk