APRIL 27th, 2010 - REGULAR MEETING

Acting Council 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 8th day of January, 2010.

ROLL CALL

ƒ Mr. Cox – Present Jack Ball, Mayor

ƒ Mr. Steinmann- Present Mike Hartsough, Attorney
ƒ Ms. Wollert- Present Stephen Elliott, Clerk
ƒ Mr. Summiel – Present
ƒ President Murphy- Absent

STATEMENTS AND COIMMENTS FROM THE PUBLIC FOR ITEMS ON THE

AGENDA

There were no comments at this time.

CONSENT AGENDA

The Clerk read the Consent Agenda: (Resolution #10R-67/)

1. Authorization for the Chief Financial Officer to pay Township bills in the
amount of $ 357,219.74

2. A Resolution authorizing the appointment of Kathleen B. Ullrich to the Arts

Commission with a term to expire on December 31, 2010.

3. A Resolution authorizing the Patriotic Committee to hold its annual Fourth

of July parade on July 5th, 2010.

4. A Resolution authorizing the conduct of an On-Premise Merchandise Raffle

sponsored by the Thomas J. Carnevali Jr. Memorial Foundation.

5. A Resolution authorizing the conduct of a Golf Outing Contest sponsored by

the Thomas J. Carnevali Jr. Memorial Foundation.
6. A Resolution authorizing a Refund, as recommended by the Tax Collector in
the amount of $34.75 for April 1, 2010 sewer bill to Davis-Thomas, Christy, 2
Shelton Avenue, Ewing, New Jersey 08618 for property owner Davis-
Thomas, Christy, for Block: 506 Lot: 23 also known as 2 Shelton Ave for
overpayment.

7. A Resolution authorizing a Refund, as recommended by the Tax Collector in

the amount of $37.50 for April 1, 2010 sewer bill to TCNJ-Trenton State
College Corp., P.O. Box 7718, Ewing, New Jersey 08628-0718 for property
owner TCNJ-Trenton State College Corp., for Block: 215 Lot: 85 also known
as 4 Linwood Avenue for overpayment.

8. A Resolution authorizing a Refund, as recommended by the Tax Collector in

the amount of $19.50 for April 1, 2010 sewer bill to Bethany Evangelical
Lutheran Church, 1125 Parkside Avenue, Ewing, New Jersey 08618 for
property owner Bethany Evangelical Lutheran Church, for Block: 292 Lot: 2
also known as 1125 Parkside Avenue for overpayment.

Mr. Steinmann moved the Consent Agenda, seconded by Mr. Cox

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
 Ms. Wollert YES
Mr. Summiel YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL

ADOPTION

1. The Clerk read (Ordinance #09-16) AN ORDINANCE TO EXCEED THE

MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH
A CAP BANK PURSUANT TO N.J.S.A. 40A:4-45.14 (2009)

The public hearing was opened. Attorney Hartsough described the ordinance.
Charles Green (979 Bear Tavern Rd) questioned the dating on t he ordinance and
the Council responded. The public hearing was then closed.

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION

LIMITS AND TO ESTABLISH A CAP BANK PURSUANT TO N.J.S.A. 40A: 4-
45.14

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
appropriations 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 Council of the Township of Ewing in the County of Mercer
finds it advisable and necessary to increase its SFY 2010 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 $ 307,921.00 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, by a majority of the full authorized membership of
this governing body affirmatively concurring, that, in the SFY 2010 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 $ 45,253,978.29, and that the
SFY 2010 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; and
BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon final passage
and publication according to law.

STATEMENT

This Ordinance to permit an increase in the Municipal Budget to 3.5% over the previous
year’s final appropriations and to establish a CAP bank in accordance with law.
 Mr. Steinmann moved the Ordinance, seconded by Ms. Wollert.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel NO
OLD BUSINESS

1. Residential Permit Parking – Attorney Hartsough discussed his

research on the topic and stated that he could find no reference
anywhere in the Township Code to the percentage of residents
required on a petition. He will do further research.

Hollowbrook Community Center Budgeting – Acting Finance Officer Chris Jack

presented Council a summary of revenues and expenditures for the Hollowbrook
Community Center and reviewed the activities there.

Mr. Summiel indicated that programs had been ongoing at the Center for many
years and that the Township had supported the Concerned Citizens of Ewing and
their programs. It was not appropriate to virtually eliminate funding.

Mayor Ball stated that he had been in contact with Ralph Dims, President of the
Concerned Citizens who told the Mayor that there was a long term contract with the
Township. The Mayor said that once he had a copy of the agreement he would
release the funding.

Mr. Summiel stated further that the Council had directed Mr. Jack to restore full
funding to the Concerned Citizens in the 2010 fiscal year budget.

NEW BUSINESS

1. The Clerk read (Resolution #10R-68) A RESOLUTION AMENDING THE

INTRODUCED FISCAL YEAR 2010 BUDGET

Mr. Steinmann moved the Resolution, seconded by Mr. Cox.

Mr. Jack described the amendment and answered questions from Council. Mr.
Steinmann asked about a EECBG grant that was to have been received by
the Township in December 2009 but was not reflected in the grants received
portion of the budget amendment. Mr. Jack will follow up.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES

2. The Clerk read (Resolution #10R-69) A RESOLUTION AMENDING THE

TOWNSHIP OF EWING RESOLUTION #10R-32, AUTHORIZING CHANGE
ORDER NO. 1 TO THE CONTRACT FOR WU AND ASSOCIATES, INC. FOR
RESTORATION OF LOUIS KAHN BATH HOUSE.

Attorney Hartsough discussed the resolution indicating that a hot water line was
required by Code Enforcement and that the cost would be paid entirely from grant
funds.

Mr. Cox moved the Resolution, seconded by Ms. Wollert.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES
3. The Clerk read (Resolution #10R-70) A RESOLUTION AUTHORIZING THE
PROPER OFFICIALS OF THE TOWNSHIP OF EWING TO EXECUTE A GRANT
APPLICATION THAT INCLUDES THE EWING TOWNSHIP 2010-2014
CONSOLIDATED PLAN AND 2010 ANNUAL ACTION PLAN TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
ACTIVITIES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM AND AUTHORIZING A REQUEST FOR HUD FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.

Attorney Hartsough explained the resolution.

Mr. Steinmann moved the Resolution, seconded by Mr. Cox.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES

4. The Clerk read (Resolution #10R-71) A RESOLUTION AUTHORIZING

EXECUTION OF A MUNICIPAL SERVICES AGREEMENT WITH THE
RIVERSIDE TOWNHOUSE ASSOCIATION, INC.

Ms. Wollert moved the Resolution, seconded by Mr. Cox.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES

5. The Clerk read (Resolution #10R-72) A RESOLUTION AUTHORIZING

EXECUTION OF A MUNICIPAL SERVICES AGREEMENT WITH THE SOUTH
FORK AT EWING HOMEOWNERS ASSOCIATION, INC.

Ms. Wollert moved the Resolution, seconded by Mr. Cox.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES

6. The Clerk read (Resolution #10R-73)

RESOLUTION A APPROVING
TEMPORARY HOUSING AT 211 CRESCENT AVENUE

Mr. Steimann moved the Resolution, seconded by Mr. Cox.

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Ms. Wollert YES
Mr. Summiel YES
COUNCIL REPORTS

Mr. Cox reported that the Senior Citizens Advisory Committee was concerned about
the amount of its budget allocation. Mr. Ted Forst advised them that the amount
was included in his department’s operating allocation and that there was no specific
appropriation.

Ms. Wollert reported that she was pleased that the school budget had passed and that
Maria Benedetti was the new President of the Board of Education.

Mr. Summiel reported that he was still waiting for notice of an anticipated TACT
meeting on May 4.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC

Kate Tuttle reported that the Policeman of the Year Dinner would be on May 21.
Robert Dorio (4 Birch Run Ct) asked if comments by the attorney be made more
audible to the audience, and that there was concern about a foreclosed home on
Riverview Drive. Administration promised to follow up through the Health office.

Charles Green (979 Bear Tavern Rd), Ron Dykus (Upper Ferry Rd) and Gerry
Stout (30 Gilmore Rd) had questions on the budget to which Council responded.

James McCrae (Lower Ferry Rd) a crossing guard, asked about increased
compensation for the guards; Mr. Summiel indicated that the Council provided for
a $1.00 per hour increase in the budget. Robert Paterson (3 Aragon Ct) commented
on the pending ordinance reviewing Comcast’s operating license.

There being no further business, President Summiel called for a motion to adjourn.
Mr. Steinmann so moved, seconded by Ms. Wollert. The meeting was adjourned at
8:39 pm.

________________________________ _______________________________
Joseph Murphy, Council President Stephen W. Elliott, Municipal Clerk