Council Minutes 20070910

SEPTEMBER 10TH, 2007 - 6:30 P.M

AGENDA SESSION

President Summiel called the meeting to order at 6:34 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 23rd day of February, 2007. ROLL CALL ƒ ƒ ƒ ƒ ƒ

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

David Thompson, Administrator John Barrett, CFO Mike Hartsough, Attorney Stephen Elliott, Municipal Clerk

DISCUSSION: 1. New Jersey Governor’s Council on Alcoholism and Drug Abuse – “Stop Youth Alcohol Use” President Summiel introduced the request from Mayor Ball to consider an ordinance requiring the registration of beer kegs as requested by the Governor’s Council. After discussion, Attorney Hartsough felt that it would be ineffective unless done on a statewide basis. President Summiel requested that Administration should develop an overall strategy to deal with the issue if it was felt that there was a problem. CONSENT AGENDA: President Summiel introduced the Consent Agenda 1. Authorization for the Chief Financial Officer to pay Township bills in the amount of $1,098,393.97. 2. Approval of minutes of the meeting of July 23rd (Agenda), July 24th (Regular), August 8th (Special), August 13th (Agenda) and August 14th (Regular). 3. A Resolution authorizing a refund in the amount of $58.00, as recommended by the Township Construction Official, for a permit fee to Michael Fecak, 28 Downing Road, Ewing, NJ 08628. Homeowner will no longer be doing job. 4. A Resolution authorizing a reduction of the performance bond for CWA Local 1032, Block 365, Lot 8, Project #05 01755 03-06, from $275,674.14 to $82,702.24 as per the recommendation of the Township Engineer. 5. A Resolution authorizing a reduction of the performance bond for Nini Construction, Block 105, Lots 53, 54, 56 & 57, Project #06 07220 03-06, from $70,510.86 to $21,153.86 as per the recommendation of the Township Engineer. 6. A Resolution authorizing a performance guarantee release for Spring Meadow Estates, Sections 1, 2, 3, 4 and 5 – Ewing Engineers Schoor DePalma project (C)ETC-003A/B/C/D/E-06 (040261501).

7. A Resolution amending the Township of Ewing Resolution #05R-231/49 authorizing a revised change order to the contract for Sherbrooke Road Roadway Improvements. 8. A Resolution approving Stephen C. Stackhouse as a junior member of the Prospect Heights Volunteer Fire Department. 9. A Resolution approving Joseph P. Murphy as a member of the Prospect Heights Volunteer Fire Department. 10. A Resolution to refund the total amount of $1,265.37 for August 1, 2007 tax quarter to Foundation Title LLC, 3673 Quakerbridge Road, Mercerville, New Jersey 08619 for property owner Kathleen M. McKenzie for Block: 552, Lot: 137, also known as 5 Pilgrim Court due to overpayment. 11. A Resolution to refund the total amount of $634.50 for August 1, 2007 tax quarter to William & Janet Ledbetter, 30 Murphy Drive, Bridgewater, NJ 08807 for property owner William & Janet Ledbetter for Block: 47, Lot: 190, also known as 1632 Sixth Street due to overpayment. 12. A Resolution to refund the total amount of $1,677.82 for August 1, 2007 tax quarter to Jeannie Serrano & Frank Sconzo, 424 Sutherland Road, Ewing, NJ 08618 for property owner Jeannie Serrano & Frank Sconzo for Block: 234.03, Lot: 6, also known as 424 Sutherland Road due to overpayment. 13. A Resolution to refund the total amount of $774.47 for August 1, 2007 tax quarter to Adonay Brooks & Lekisha Powell-Brooks, 339 Stokes Avenue, Trenton, NJ 08618 for property owner Adonay Brooks & Lekisha PowellBrooks for Block: 35, Lot: 550, also known as 339 Stokes Avenue due to overpayment. 14. A Resolution to refund the total amount of $87.57 for CY2007 sewer bill to AVT Holding Co., LLC, 313 Robbins Avenue, Ewing, New Jersey 08638 for property owner AVT Holding Co., LLC for Block: 34, Lot: 475, also known as 313 Robbins Avenue due to overpayment. 15. A Resolution to refund the total amount of $859.64 for August 1, 2007 tax quarter to U.S. H.U.D. c/o NAT HOME MGMT SOL, 3 Advantage Court, Bordentown, NJ 08505 for property owner U.S. H.U.D. c/o NAT HOME MGMT SOL for Block: 493, Lot: 4, also known as 102 Theresa Street due to overpayment. 16. A Resolution to refund the total amount of $675.83 for August 1, 2007 tax quarter to Laurel M. Young, 1148 Prospect Street, Ewing, New Jersey 08638 for property owner Laurel M. Young for Block: 28, Lot: 19, also known as 1148 Prospect Street due to overpayment. 17. A Resolution to refund the total amount of $2,170.30 for August 1, 2007 tax quarter to Robert F. & Stephanie S. Brystyski, 226 West Upper Ferry Road, Ewing, New Jersey 08628 for property owner Robert F. & Stephanie S. Bystrycki for Block: 423, Lot: 127, also known as 226 West Upper Ferry Road due to overpayment.

18. A Resolution to refund the total amount of $1,378.57 for August 1, 2007 tax quarter to Trident Land Transfer, 1409 N. Kings Highway, Cherry Hill, NJ 08034 for property owner Vishalbhai J. & Sheetal Patel for Block: 193.01, Lot: 75, also known as 122 Petal Lane due to overpayment. 19. A Resolution to refund the total amount of $1,296.75 for August 1, 2007 tax quarter to Sharon Cheewah, 113 Masterson Court, Ewing, New Jersey 08618 for property owner Sharon Cheewah for Block: 225.02, Lot: 56 Qual: C0113, also known as 113 Masterson Court due to overpayment.

20. A Resolution to refund the total amount of $1,388.66 for August 1, 2007 tax quarter to Princeton Assurance Corporation, 2482 Pennington Road, Pennington, New Jersey 08534 for property owner Richard O. Herbe, III & Stacey Page for Block: 507, Lot: 3, also known as 24 Dixmont Avenue due to overpayment. 21. A Resolution to refund the total amount of $1,821.28 for August 1, 2007 tax quarter to Allison Arnone, 12 Scudder Road, Ewing, New Jersey 08628 for property owner Allison Arnone for Block: 568, Lot: 2, also known as 12 Scudder Road due to overpayment. 22. A Resolution to refund the total amount of $1,378.56 for August 1, 2007 tax quarter to Backes & Hill, LLP, Counsellors At Law, 15 West Front Street, Trenton, New Jersey 08608-2098 for property owner Alexander Thomas & Ann/Chacko for Block: 365, Lot: 2.01, Qual: C0223, also known as 18 Kyle Way due to overpayment. 23. A Resolution to refund the total amount of $1,403.23 for August 1, 2007 tax quarter to Keara L. Kilpatrick, 32 Jacob Court, Ewing, New Jersey 08628 for property owner Keara L. Kilpatrick for Block: 419, Lot: 116, also known as 32 Jacob Court due to overpayment. 24. A Resolution to cancel the total amount of $1,167.85 for August 1, 2007 & November 1, 2007 tax quarters for property owner Township of Ewing for Block: 351, Lot: 1 also known as Walter Street due to Township of Ewing owning property. 25. A Resolution to cancel the total amount of $529.01 for August 1, 2007 & November 1, 2007 tax quarters for property owner Township of Ewing for Block: 352, Lot: 1 also known as Adrian Avenue due to Township of Ewing owning property. 26. A Resolution to cancel the total amount of $286.92 for August 1, 2007 & November 1, 2007 tax quarters for property owner Township of Ewing for Block: 352, Lot: 15 also known as Adrian Avenue due to Township of Ewing owning property. 27. A Resolution to cancel the total amount of $2,629.89 for August 1, 2007 & November 1, 2007 tax quarters for property owner Brogie W. Everette, Jr. for Block: 181, Lot: 281 also known as 231 Claflin Avenue due to duplicate billing. After discussion the Consent Agenda was approved for action. ORDINANCE (S) FOR FIRST READING AND INTRODUCTION President Summiel introduced ordinances for first reading and introduction. 1. AN ORDINANCE AUTHORIZING CONVEYANCE OF BLOCK 244, LOTS 66 AND 67 TO THE AMERICAN LEGION, EWING TOWNSHIP POST 314. (2007) 2. (Ord.07-17) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING AMENDING CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, SECTION 29, TO MODIFY THE USES PERMITTED AND THE REQUIREMENTS FOR PLANNED DEVELOPMENTS. (2007) – To Be Removed From the Table and Defeated. 3. AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING AMENDING CHAPTER 15, THE LAND DEVELOPMENT ORDINANCE, SECTION 29, TO MODIFY THE USES PERMITTED AND THE REQUIREMENTS FOR PLANNED DEVELOPMENTS. (2007)

Attorney Hartsough discussed the differences between the previously introduced ordinance regarding planned developments and the one recommended by the Planning Board. Planning Board Chairman Richard Owen arrived and indicated the process that had taken place at the Planning Board and that there was no substantial opposition to the proposal. The ordinances were approved for action. ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION President Summiel introduced the ordinance for second reading for review. 1. AN ORDINANCE AUTHORIZING THE TOWNSHIP OF EWING TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK IN ACCORDANCE WITH THE LOCAL GOVERNMENT CAP LAW. (2007) CFO Barrett discussed the ordinance which was then approved for action. NEW BUSINESS President Summiel introduced the New Business agenda. 1. RESOLUTION OF EMERGENCY TEMPORARY APPROPRIATION. 2. A RESOLUTION PURSUANT TO N.J.S.A. 40A:4-59 TO AUTHORIZE THE TRANSFER OF APPROPRIATION RESERVES. 3. RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $10,269.00 FROM THE PUBLIC HEALTH PRIORITY FUNDING GRANT PROGRAM. 4. RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $9,951.00 FROM THE PANDEMIC INFLUENZA PHASE II GRANT PROGRAM. 5. RESOLUTION AUTHORIZING A SPECIAL ITEM OF REVENUE IN THE AMOUNT OF $420.00 FROM THE TOBACCO AGE OF SALE ENFORCEMENT GRANT PROGRAM. 6. RESOLUTION APPROVING THE RENEWAL OF LIQUOR LICENSE 1102-33020-004, MEDITERRANEAN RISTORANTE ITALIANO, LLC. (Special Ruling Received From ABC) 7. RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND NAMING CHIEF ROBERT COULTON AS COORDINATOR. 8.

A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR A JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF $15,989.00.

9. A RESOLUTION PERMITTING THE INSTALLATION OF AN AIR FORCE MONUMENT ON GROUNDS LOCATED AT THE TOWNSHIP OF EWING MUNICIPAL BUILDING. 10. A RESOLUTION OF GOVERNING BODY OF INTENT TO BOND FOR SHORTFALL (COAH). 11. A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE SEWER SERVICE AGREEMENT BETWEEN THE TOWNSHIP, THE EWING LAWRENCE SEWERAGE AUTHORITY AND MERRILL LYNCH HOPEWELL, LLC.

12. A RESOLUTION AUTHORIZING AND APPROVING AN INTERLOCAL SERVICES AGREEMENT FOR 2008 MUNICIPAL ALLIANCE SERVICES WITH THE COUNTY OF MERCER. 13. A RESOLUTION GRANTING DETECTIVE JOSEPH MONTES PERMISSION TO RECEIVE HIS SERVICE FIREARM (SIG SAUER MODEL P220, .45 CAL. SEMI-AUTOMATIC PISTOL, SERIAL NUMBER G385100) UPON HIS RETIREMENT FROM THE EWING TOWNSHIP POLICE DEPARTMENT ON JULY 31ST, 2007. 14. A RESOLUTION GRANTING LIEUTENANT WILLIAM GROCOTT PERMISSION TO RECEIVE HIS SERVICE FIREARM (SIG SAUER MODEL P220, .45 CAL SEMI-AUTOMATIC PISTOL, SERIAL NUMBER G272382) UPON HIS RETIREMENT FROM THE EWING TOWNSHIP POLICE DEPARTMENT ON SEPTEMBER 19TH, 2007. 15. A RESOLUTION GRANTING LIEUTENANT JOHN SOSS PERMISSION TO RECEIVE HIS SERVICE FIREARM (SIG SAUER MODEL P220, .45 CAL. SEMI-AUTOMATIC PISTOL, SERIAL NUMBER G385074) UPON HIS RETIREMENT FROM THE EWING TOWNSHIP POLICE DEPARTMENT ON NOVEMBER 1ST, 2007. CFO Barrett discussed the emergency temporary appropriation and the transfer of appropriation reserves. The resolution indicating intent to bond for COAH shortfall was pulled from the agenda pending further review by the attorney. The New Business agenda was then approved for action.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC Kim Welebir discussed the proposed changes to the land development Ordinance concerning planned developments. She discussed her concerns in detail and gave Council copies of her presentation, asking that her proposal be remanded to the Planning Board. Kate Tuttle (8 Locke Court) questioned the need for a budgetary cap bank. Charles Green (979 Bear Tavern Rd.) commented that the Annual Financial Statement was due by August 10, along with the budget, and that he was “distressed” with its lateness. 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 8:51 pm.

______________________________ Les Summiel, Council President

______________________________ Stephen W. Elliott, Municipal Clerk