Council Minutes 20080708

JULY 8, 2008 – REGULAR MEETING President Steinmann called the meeting to order at 7:00 and 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 8th day of January, 2008. ROLL CALL ƒ ƒ ƒ ƒ ƒ

Mr. Cox – Present Mr. Murphy – Present Mr. Summiel – Present Ms. Wollert - 7:27 pm President Steinmann - Present

Mayor Ball Michael Hartsough, Attorney Stephen Elliott, Municipal Clerk

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR ITEMS ON THE AGENDA Kate Tuttle (8 Locke Ct) and Charles Green (979 Bear Tavern Rd) asked about the cap bank ordinance. President Steinmann advised that the Chief Financial Officer would be at the next meeting to discuss it. CONSENT AGENDA: The Clerk read the Consent Agenda: (Resolution 08R-103) 1. Approval of minutes of the meeting of June 23rd, 2008 (Agenda) and June 24th, 2008 (Regular). 2. A Resolution approving Nicholas W. Brower as a Junior Member of the Prospect Heights Volunteer Fire Company. 3. A Resolution approving Anne-Marie Lynn Cook as a Senior Member of the West Trenton Volunteer Fire Department. 4. A Resolution approving Heather Lyn Canulli as a Senior Member of the Prospect Heights Volunteer Fire Company. 5. A Resolution approving James J. King as a Senior Member of the West Trenton Volunteer Fire Department. 6. A Resolution approving Ann Marie Lyden as a Senior Member of the West Trenton Volunteer Fire Department. 7. A Resolution approving Jeffrey R. Procaccini as a Senior Member of the Prospect Heights Volunteer Fire Company. 8. A Resolution approving Gregory B. Slate as a Senior Member of the Prospect Heights Volunteer Fire Company. 9. A Resolution approving Brandon L. Trolan as a Senior Member of the West Trenton Volunteer Fire Department. 10. A Resolution authorizing a refund, as recommended by the Township Construction Official, in the amount of $125.00 for a C.O. Inspection to Michele Pannone, 6 Jacob Court, Ewing, NJ 08628, that was never made.

11. A Resolution authorizing Dashawn Tye to hold a block party/road closing on August 23rd, 2008. 12. A Resolution authorizing Troy Avenue Civic Association to hold a block party/road closing on August 10th, 2008. 13. Authorization to grant St. Hedwig Church permission for a walking pilgrimage to take place on Saturday, August 9, 2008 from 6:30 a.m. to 10:30 a.m. from Saint Hedwig Church in Trenton, NJ to Our Lady of Czestochowa in Doylestown, Pennsylvania. 14. A Resolution authorizing the conduct of an off premise merchandise raffle (Golf Trip) sponsored by St. Francis Medical Center to be held at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 on October 20th, 2008. 15. A Resolution authorizing the conduct of an off premise raffle (Various Gift Certificates) sponsored by St. Francis Medical Center to be held at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 on October 20th, 2008. 16. A Resolution authorizing the conduct of an on premise 50/50 Cash Raffle sponsored by St. Francis Medical Center to be held at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 on October 20th, 2008. 17. A Resolution authorizing the conduct of an off premise 50/50 Cash Raffle sponsored by St. Francis Medical Center to be held at the Trenton Country Club, 201 Sullivan Way, Ewing, NJ 08628 on November 9th, 2008. Mr. Cox moved the Consent Agenda, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read (Ord. #08-12) AN ORDINANCE TO EXCEED THE STATE FISCAL YEAR 2009 MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK WHEREAS, the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Township of Ewing in the County of Mercer finds it advisable and necessary to increase its SFY 2009 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Township Council hereby determines that a 1% increase in the budget for said year, amounting to $280,668.20 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Township Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of Ewing, in the County of Mercer, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the SFY 2009 budget year, the final appropriations of the Township of Ewing shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 1 %, amounting to $280,668.20, and that the SFY 2009 municipal budget for the Township of Ewing be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon final passage and publication according to law. STATEMENT This Ordinance permits the Township to increase its FY 2009 budget 3.5% over the previous year’s final appropriations as permitted by the Local Government CAP Law. Attorney Hartsough advised that the ordinance was being introduced prior to the introduction of the budget pursuant to a June 2008 Local Finance Notice. Mr. Cox moved the Ordinance, seconded by Mr. Murphy. ROLL CALL

2.

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES NO YES

The Clerk read (ORD #08-13) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FOR A PORTION OF THE HOLLOWBROOK COMMUNITY CENTER TO STUDIO FOR EXPERIENTIAL LEARNING.

WHEREAS, the Township is permitted to enter into Lease Agreements with civic and not for profit organizations; and WHEREAS, the Township has space available for rent at the Hollowbrook Community Center; and WHEREAS, the Director of Community Services has negotiated a Lease Agreement with Studio for Experiential Learning, a New Jersey non-profit organization, which is annexed hereto; and WHEREAS, said Lease Agreement has been reviewed and approved by the Township Attorney and Business Administrator; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that it authorizes the Lease of a portion of the Hollowbrook Community Center to Studio for Experiential Learning in the form annexed hereto, and BE IT FURTHER ORDAINED, that the Mayor and Clerk are authorized to execute the Lease annexed hereto and such other documentation as are necessary to effectuate said Lease. This Ordinance shall take effect upon final passage and publication according to law.

STATEMENT This Ordinance authorizes the lease of a portion of the Hollowbrook Community Center to Studio for Experiential Learning Mr. Summiel indicated that this and the ordinances following regarding leases at the Hollowbrook Community Center were being acted upon with the intent that their approval and final adoption not be a precedent for any future actions. It is the further intent that these emergent leases be moved pending the formal implementation of a specific space rental policy. Council and Attorney Hartsough concurred. Mr. Cox moved the Ordinance, seconded by Mr. Murphy. ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

3. The Clerk read (ORD #08-14) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FOR A PORTION OF THE HOLLOWBROOK COMMUNITY CENTER TO NEW BEGINNINGS CHRISTIAN MINISTRY. WHEREAS, the Township is permitted to enter into Lease Agreements with civic and not for profit organizations; and WHEREAS, the Township has space available for rent at the Hollowbrook Community Center; and WHEREAS, the Director of Community Services has negotiated a Lease Agreement with New Beginnings Christian Ministry, a New Jersey non-profit organization, which is annexed hereto; and WHEREAS, said Lease Agreement has been reviewed and approved by the Township Attorney and Business Administrator; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that it authorizes the Lease of a portion of the Hollowbrook Community Center to New Beginnings Christian Ministry in the form annexed hereto, and BE IT FURTHER ORDAINED, that the Mayor and Clerk are authorized to execute the Lease annexed hereto and such other documentation as are necessary to effectuate said Lease. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT This Ordinance authorizes the lease of a portion of the Hollowbrook Community Center to New Beginnings Christian Ministry Mr. Murphy moved the Ordinance, seconded by Mr. Summiel. ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

4. The Clerk read (ORD #08-15) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FOR A PORTION OF THE HOLLOWBROOK COMMUNITY CENTER TO KINGDOM MERCY MINISTRY.

WHEREAS, the Township is permitted to enter into Lease Agreements with civic and not for profit organizations; and WHEREAS, the Township has space available for rent at the Hollowbrook Community Center; and WHEREAS, the Director of Community Services has negotiated a Lease Agreement with Kingdom Mercy Ministry, a New Jersey non-profit organization, which is annexed hereto; and WHEREAS, said Lease Agreement has been reviewed and approved by the Township Attorney and Business Administrator; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that it authorizes the Lease of a portion of the Hollowbrook Community Center to Kingdom Mercy Ministry in the form annexed hereto, and BE IT FURTHER ORDAINED, that the Mayor and Clerk are authorized to execute the Lease annexed hereto and such other documentation as are necessary to effectuate said Lease. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT This Ordinance authorizes the lease of a portion of the Hollowbrook Community Center to Kingdom Mercy Ministry Mr. Murphy moved the Ordinance, seconded by Mr. Cox. ROLL CALL

5.

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

The Clerk read (ORD #08-16) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FOR A PORTION OF THE HOLLOWBROOK COMMUNITY CENTER TO CAPITAL CITY BRIDGE CLUB.

WHEREAS, the Township is permitted to enter into Lease Agreements with civic and not for profit organizations; and WHEREAS, the Township has space available for rent at the Hollowbrook Community Center; and WHEREAS, the Director of Community Services has negotiated a Lease Agreement with Capital City Bridge Club, a New Jersey non-profit organization, which is annexed hereto; and WHEREAS, said Lease Agreement has been reviewed and approved by the Township Attorney and Business Administrator; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that it authorizes the Lease of a portion of the Hollowbrook Community Center to Capital City Bridge Club in the form annexed hereto, and BE IT FURTHER ORDAINED, that the Mayor and Clerk are authorized to execute the Lease annexed hereto and such other documentation as are necessary to effectuate said Lease. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT

This Ordinance authorizes the lease of a portion of the Hollowbrook Community Center to Capital City Bridge Club Mr. Summiel moved the Ordinance, seconded by Mr. Murphy. ROLL CALL

6.

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

The Clerk read (ORD #08-17) AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE FOR A PORTION OF THE HOLLOWBROOK COMMUNITY CENTER TO THE COUNTY OF MERCER NUTRITION PROGRAM.

WHEREAS, the Township is permitted to enter into Lease Agreements with governmental, civic and not for profit organizations; and WHEREAS, the Township has space available for rent at the Hollowbrook Community Center; and WHEREAS, the Director of Community Services has negotiated a Lease Agreement with the County of Mercer Nutrition Program which is annexed hereto; and WHEREAS, said Lease Agreement has been reviewed and approved by the Township Attorney and Business Administrator; NOW THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that it authorizes the Lease of a portion of the Hollowbrook Community Center to the County of Mercer Nutrition Program in the form annexed hereto, and BE IT FURTHER ORDAINED, that the Mayor and Clerk are authorized to execute the Lease annexed hereto and such other documentation as are necessary to effectuate said Lease. This Ordinance shall take effect upon final passage and publication according to law. STATEMENT This Ordinance authorizes the lease of a portion of the Hollowbrook Community Center to the County of Mercer Nutrition Program Mr. Summiel moved the Ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read (ORD #08-11) AN ORDINANCE AMENDING THE REVISED GENERAL MUNICIPAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER, TO PROVIDE FOR THE ADDITION OF TEN (10) HANDICAPPED PARKING SPACES AT SCOTCH RUN APARTMENTS AT EWING ON SCOTCH ROAD AND FOURTEEN (14) HANDICAPPED PARKING SPACES AT THE MADISON AT EWING ON LOWER FERRY ROAD (2008) WHEREAS, American Properties Development Group is the Owner of a planned development known as Scotch Run Apartments on Scotch Road and a planned development known as The Madison at Ewing on Lower Ferry Road, and

WHEREAS, American Properties Development Group has requested that the Township enforce Motor Vehicle laws and regulations associated with handicapped parking spaces located throughout said developments; BE IT ORDAINED by the Township Council of the Township of Ewing that the Revised General Municipal Ordinances of the Township of Ewing be amended as follows: Section 1: Section 225-55, entitled “Schedule VIII: Handicapped Parking on All Other Private Property.” of the Revised General Municipal Ordinances of the Township of Ewing is hereby amended to include the following designation of handicapped parking spaces: Property

Number of Spaces

Scotch Run Apartments roadway as At Ewing

10

The Madison at Ewing roadway as

14

Location Along

private

shown on the Final Site Plan on file in the Construction Office Along

private

shown on the Final Site Plan on file in the Construction Office Section 2 This Ordinance shall take effect after final passage and publication according to law. STATEMENT This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to provide for the enforcement of handicapped parking laws at the planned developments known as Scotch Run Apartments at Ewing and The Madison at Ewing. The public hearing was opened and there being no public comment, the public hearing was closed. Mr. Summiel moved the Ordinance, seconded by Mr. Cox. ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

NEW BUSINESS 1. The Clerk read (Resolution #08R-104) A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE MUNICIPAL ALLIANCE GRANT FOR CALENDAR YEAR 2009. Attorney Hartsough noted that this was an annual application. Mr. Murphy moved the Resolution, seconded by Mr. Cox ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

2. The Clerk read (Resolution #08R-105) A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL SERVICES AGREEMENT

WITH THE COUNTY OF MERCER FOR PUBLIC EMERGENCY PREPAREDNESS AND RESPONSE.

HEALTH

Mr. Murphy moved the Resolution, seconded by Mr. Cox . ROLL CALL

Mr. Cox Mr. Murphy Mr. Summiel President Steinmann

YES YES YES YES

3. The Clerk read (Resolution #08R-106) A RESOLUTION REQUESTING REVIEW AND APPROVAL OF DEVELOPMENT FEE SPENDING PLAN. The purpose of the resolution was to provide for a Spending Plan which included grant from the Affordable Housing Trust Fund to Rely Properties, and the provision of a no interest loan to bring the Township’s total commitment to the project to $500,000.After some initial questions by the Council, Attorney Hartsough advised that he was concerned that granting the loan, which would increase the Township’s support to $500,000, would not only set a precedent wherein other developers could ask for the same treatment, but also that the terms of the loan amounted to a gift which was expressly forbidden under the New Jersey State Constitution. The Council voiced its support of the project but also concerns about the financial commitment. After discussion it was suggested that Council approve the grant under the terms of the resolution but leave the possibility of additional support subject to negotiation with Administration should it be needed by the developer. In that case, an amended Spending Plan would be submitted which would amend the Resolution to read “20%” rather than “$260,000”. Thereupon Mr. Murphy moved the Resolution, seconded by Mr. Cox ROLL CALL

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

YES YES YES YES YES

COUNCIL REPORTS There were no Council reports other than Mr. Steinmann noting that Community Fest would be held on October 25 at the College of New Jersey. The theme will be “Going Green for Halloween” and further details will be forthcoming. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC Charles Green and Mark Fetter (Concord Circle) both commented on the issue of missing tapes in the Police Department. They were advised that they were from routine traffic stops, and that 2/3 to 3/4 of them had been recovered, that special software was needed to access them and that they were routinely destroyed. There being no further business, President Steinmann called for a motion to adjourn. Mr. Summiel so moved, seconded by Mr. Murphy. The meeting was adjourned at 8:30 pm.

________________________________ Bert H. Steinmann, Council President

______________________________ Stephen W. Elliott, Municipal Clerk