EWING TOWNSHIP COUNCIL

MINUTES
2 Jake Garzio Drive, Ewing, New Jersey 08628
May 8th, 2006 - 6:30 P.M.

President Apai called to order the meeting of the May 8th, 2006 AT 6:33P.M. and the
Clerk read the invocation followed by the Flag Salute. President continued with the
following Open Meetings Statement:

“The notice requirements provided for in the Open Public Meetings Act have
been satisfied. Notice of this meeting was properly given as per N.J.S.A. 10:4-18
and was transmitted to the Times of Trenton and the Trentonian on January 4th,
2006 for publication on January 6th, 2006. Documentation and notice have been
filed with the Clerk of the Township of Ewing and posted in the Ewing Township
Municipal Complex as is required by law.
* * *
THE PUBLIC WILL HAVE AN OPPORTUNITY TO ADDRESS THE COUNCIL
DURING THE “STATEMENTS AND COMMENTS FROM MEMBERS OF THE
PUBLIC” SEGMENT OF THE MEETING. ALL QUESTIONS AND
COMMENTS FROM THE PUBLIC WILL BE DIRECTED TO THE COUNCIL
PRESIDENT, WHEN ADDRESSING THE COUNCIL, PLEASE GIVE YOUR
NAME AND YOUR ADDRESS.”

President Apai asked that the roll be called.

ROLL CALL

ƒ Mr. Murphy
ƒ Mr. Steinmann (Absent/Sick)
ƒ Mr. Summiel
ƒ Ms. Wollert
ƒ President Apai

Also in attendance: CFO, Ms. Shannon Keyes

Township Attorney, Megan Swartz

DISCUSSION:

• Citizen’s Budget Committee:

The CFO has requested that the township attorney for a resolution. The CFO said
that they would reduce the amount of recommendation to five people for one fiscal
year. They will be in a advisory capacity along with the budget committee in the
preparation of the budget. Council, the CFO and township attorney interacted to
create a process by which the names would be presented to Council. Mr. Summiel
had problems with wording that was to be corrected. Council expects to see the
nominated resumes with a resolution for appointment at the May 23 meeting. The
candidates would be recommended by the mayor and approved by the Council.
President Apai directed that the resolution be place on the Tuesday night agenda.
He proceeded with discussion to discuss the capital reallocation ordinance.

• Capital Reallocation:

The CFO provided the following explanation: The township has started to review old
ordinances to see if there were funds that were not being used and reallocate them.
This has been done in coordination with the state. She cited several funds that would
be available such as drain lines on Lower Ferry Road, stabilization of Shabakunk
Creek, flood control component that was not necessary, and equipment for the fire
company resulting in $497,000 that be allocated to other projects such as an equipment
storm water wash station, grates for the sewer, electric pole maintenance, and
acquisition of video cameras. Mr. Murphy wanted to know if Council would have
input on the final payment of funds. Mr. Summiel said that Administration could
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present projects to the Council for approval. He questioned if they wanted to spend the
money for the storm water drains and they wanted to know if the funds could come
from elsewhere. He wanted to know how other cities are impacted and will they
be/have been fined for not meeting the same requirements. Ms. Wollert agreed with
Mr. Summiel, and stated that other cities might be in a worse position than Ewing
Township. The CFO stated she thought August was the time that we must start or
complete it by August. Ms. Wollert wanted the township to go out to other towns to see
how they are addressing the problem if they did have the same bonding capability was
Ewing. She also asked to see what other state agencies might be able to assist us. The
CFO said that this not a state mandate/state pay. President Apai commented that the
state would do state roads, county would do county roads, and township would be
responsible for township roads. Council continued to interact with counsel and the
CFO to discuss the different options and information sources. Mr. Summiel asked if
the item could be moved to the second meeting in May and have more information
available and find out if we must use these funds or we can get funds elsewhere and
use these funds for other needs. Ms. Wollert wanted to know the number of items
needed and the cost. The CFO would check on the number of grates and the how
other towns might have dealt with the issue. The CFO wanted to declare that the
window/roof repairs dealt with the township building, and she had someone come up
and made preliminary estimate. She explained that it was more a window/seal problem
than a roof problem. President Apai said that he has not seen any action on the part of
the state and county on rectifying the sewer issue. Mr. Summiel stated that
enforcement had to be imposed universally. The CFO said that a item dealt with an
entire building retrofit with more energy efficient lighting. The building and grounds
facility does not have a bathroom. It would let people use that restroom instead of the
township, and installation of a sprinkler system for the soccer field. The technical
improvements were for network infrastructure for the township not just the police
department. President directed that this item be removed to the next meeting and
proceeded to ask the questions on the Consent Agenda.

• Street closing for Calvary Christian Fellowship Ministries.

F. CONSENT AGENDA:

1. Authorization for the Chief Financial Officer to pay Township bills for April
13th, 2006 (Interim List) in the amount of $206,973.49 and May 9th, 2006 in
the amount of $935,158.09.

2. Resolution approving the Special Meeting minutes of April 21st, 2006, and
the Agenda Session minutes from January 23rd and February 13th, 2006; and
Council Session minutes from January 24th, 2006.

3. A Resolution authorizing the Township of Ewing to enter an adoption

agreement with officer Charles Nemes for the adoption of a retired police
canine.

4. A Resolution appointing Shannon Keyes as Chief Financial Officer.

5. A Resolution to CANCEL the total amount of $75.00 for CY2006 full year
sewer bill to property owners Richard A. DePaola Jr., & David/Nemec for
Block: 373, Lot: 24 also known as 622 Bear Tavern Road because water
meter removed.

6. A Resolution to REFUND the total amount of $466.50 for Wells Fargo Real
Estate Tax Services, LLC, Attn: Financial Support Unit—Region 1, 1 Home
Campus, MAC X2502-011, Des Moines, IA 50328-0001, (loan no.
0200201747, client 708) for property owners Timothy & Heather Nally for
Block: 223, Lot: 199 also known as 36 Crown Road to refund overpayment.

7. A Resolution to refund the amount of $25.00 to Heidi A. Hartmann, 18

Montague Avenue, West Trenton, NJ 08628 for driveway permit that was
paid in excess as requested by the Construction Official, Mr. Bill Erney.

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 8. A Resolution to refund the amount of $125.00 to Land Options, Inc., 4955
Steubenville, Suite 401, Pittsburgh, PA 15205 for Certificate of Occupancy
permit that was paid in excess as requested by the Construction Official, Mr.
Bill Erney.

9. Authorization to grant the following Ewing Township Non-Profit

Organizations No-Fee Status in the renewal of their 2006 Food Handling
Licenses as per Sect.100-2(b) of the Municipal Code of the Township of
Ewing:

• ARC Mercer
• Carolyn Stokes Day Nursery
• Church Of The Incarnation
• Mercer Christian Academy
• Mercer County Head Start
• Mercer Street Friends
• Prospect Heights Fire Co
• Villa Victoria Academy
• Kosher Café
• Lore Elementary
• Antheil Elementary
• Fisher Middle School
• Parkway Elementary
• Ewing High School
• Ewing Babe Ruth League
• Lifeties, Inc./Triad House
• Greenwood House/Abrams Residence
• Greenwood House
• Family Focus/Mountain View

Mr. Summiel asked about item number 4th. He was under the impression that this
matter had been addressed. The CFO responded that her temporary appointment had
expired, and she had passed the exam and we must have a certified CFO. Hearing no
questions, President Apai continued.

I. ORDINANCE (S) FOR FIRST READING AND INTRODUCTION

1. AN ORDINANCE AMENDING THE REVISED GENERAL

ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY OF
MERCER, STATE OF NEW JERSEY, AMENDING CHAPTER 15, THE
LAND DEVELOPMENT ORDINANCE, TO INCLUDE THE
RECOMMENDATIONS OF THE PLANNING BOARD PURSUANT TO
THE LAND USE ELEMENT OF THE MASTER PLAN ADOPTED
FEBRUARY 22ND, 2006.

The township attorney explained that the zoning changes pursuant to the new Master
Plan update. There were changes send over late in the day. The river front zone items
have been removed from the ordinance. Mr. Summiel stated that someone from the
Planning Board should come and address Council. Mr. Murphy had questions about
the change in the elevator requirements that the buildings be lowered to three stories.
The CFO stated that the recommendations were for three stories and the need for the
elevators are not needed because the buildings are ADA complaint. Mr. Summiels had
a question that the CFO could not answer, and again stated that the Planning Board
should meet with them. President Apai stated that there were typo errors also and that
the ardinance should be pulled until the next meeting. Alan Franklin (Townsen Road,
Pennsysvannia) The owner of the property asked to be hear, and he stated that when
he purchased the property the state police had the approval to build three eleven story
high rise building. The deal fell apart. Later on it was rezoned commercial. He gave
an example of Yardley being sensible use of the river front development. When he got
involved and could not build an office park, he sold the Pennington properties. He is
at a lost why there would be a 23rd hour negative view of how the property was being
developed. Mr. Summiel stated that his view was negative but he was looking for a
review to come before this board to enlighten him of the changes. Perhaps, there

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might not be any objections. Mark Elenbpogen, Pennington Properties stated that
along with a joint venture with Douglas Group with the standards of FEMA and DEP
requirement to develop river front properties. He said that they have gone through the
entire Planning Board process that the board had recognized the need to bring people
back to the river front rather than commercial as the state has recommended, and the
Environmental Commission has targeted this space and the reason that RFM has
pulled from the agenda is because the environmental Commission is recommending
that this $500,000 dollar ratable to include commissions, fees and taxes. They are
ready to go, and they were told by the Planning Board that it would dealt with later, but
the environmental people tried to force a vote when the agenda said that this was for
discussion. The Planning Board was comfortable with the plan. Now the Delaware
River Commission does a new report that identifies this new open space that the town
would have to acquire seven acres next to the river. They are frustrated. This project
would develop the river front property. This is a great use for the time. People need
shelter. This could be a great asset. They are talking about developing the area
Wilburtha Road that would enhance the property and provide redress from this area
during a flow. They responded to Mr. Murphy and told him that they are built on
piling so that they would not affect the flow. Mr. Murphy had not heard about the
open space issue. He wanted to know if it was going to be a mandate. Mr. Summiel
spoke about the involvement of the Scudder Falls project and the river front and again
stated the Planning Board should meet with the Council. Mr. Murphy asked questions
for further clarification. The group have a plan and they will go before the Site
Committee and he is concerned that his effort were going to be blown away. He cited
that there had been problems with floods before but there are ways not to develop
property along flood plains with proper engineering. Debbie Calle (Grant Avenue)
stated that the conservation unit had not been included in the Master Plan. They had
an independent group develop the conservation plan because of the rains. There were
concerned about the amount of development occurring now. Mfr. Murphy stated that
the maps outside were outdated, and he has asked that it be changed. She
recommended that Council did check with the Planning Board. He said he owned
three properties, and he stated that all river front should be residential not commercial.
He was surprised that there was someone against it since there was so much support
for developing it. He gave some background of a previous project. President Apai
agreed with Mr. Summiel and asked that the ordinance be pulled from the agenda until
the Planning Board briefed the Council.

AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF

THE TOWNSHIP OF EWING IN THE COUNTY OF MERCER,
ESTABLISHING FEES FOR POSTAGE AND PACKAGING MATERIALS IN
CHAPTER 100, FEES, § 100-1. SCHEDULE OF FEES.

President gave a brief explanation that we would be able to pass on the cost of mailing
information to citizens. The township attorney explained that it would cover costs.
David Martin suggested that the citizen being given the option of determining the
method of sending the information. The township attorney responded with indicating
that it would be cost only.

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

ADOPTION

1. AN ORDINANCE AMENDING THE REVISED GENERAL

ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY OF
MERCER, STATE OF NEW JERSEY, REZONING THE ROBBINS
PHARMACY PROPERTY, BLOCK 223, LOTS 211 AND 25, LOCATED
AT 2108 PENNINGTON ROAD, FROM PROFESSIONAL (PRO) TO
BUSINESS NEIGHBORHOOD (B-N).

K. NEW BUSINES

President Apai said that there would be a Citizen’s Budget Committee resolution
presented tomorrow night.

L. COUNCIL REPORTS

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M. STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC

President Apai opened the meeting for statements and comments from the public. Dick
Russo (Oaks Lane) did not really understand the bond issue. He wanted to know what
items were available. He noted that the revision would use the money. He wanted to
know if there was a way to save money (surplus). Mr. Summiel said that money would
be saved because there was no need to raise additional monies. The CFO provided an
explanation to Mr. Russo stating that these were not new projects but a redirection of
funds to those projects. He wanted to know if the state oversight must review this
reallocation. This was coordinated with the state. The CFO stated the review started
before the township entered into the Distress Cities programs, and it was a prudent way
of funding projects. He wanted to know if there was going to be a draft of tomorrow.
He wanted to know if the public has seen the language in the resolution. He was told
that it was a draft, and there would be copies at the next meeting. David Martin
(Dawes Avenue) wanted to know if the projects that would be funded from the
reallocation would still need Council approval. Louis Inverso (Sixteen
Avenue) wanted to know why Hollowbrook was not on the list of non-profit
organizations. He was told that Hollowbrook was part of the township. He was told
that the resolution would be on the webpage the next day. Kim Hollowbrew (Curry
Way) asked if the rules and regulations would be available tomorrow. The CFO
explained that would not be rules and regulations but procedures. Jack Ball (Heather
Drive) wanted to know if the administration had criteria for selection of the members
budget committee. The CFO said that they five people would attend meetings and be
part of the formulation of budget. They will not take action. They will ask questions
and provide insight where possible. Ms. Hollowbrew asked if there would be exclusion
from data from the citizens of the committee. They will have the same information as
other members of the budget process. Don Brown (Scenic Drive) discussed the use of
Moody Park by Babe Ruth and American Legion only with 100 kids when the township
is crying for other uses. As non baseball needs develop, that other people be given an
opportunity to use the field. Mr. Summiel engaged Mr. Brown with timing questions
and summarized his statements. He said that the flag football players are suing the
girl’s fields, but not the reverse. Mr. McManimon said that the plan is to put sprinklers
into the field in the back of the building. They will also blow sand into the ground for
drainage. More than just baseball is now being played on the Moody park field. He
has told the Recreation Department that the field has to be available for other uses.
Mr. Brown did not like the idea that the Legion could come in and play and charge a
fee to attend the games. No one should have to pay to attend a game when the Legion
is not charged. It did not understand why they are using our facilities for free. Mr.
Summiel asked if this was brought before Recreation Commission. He suggested that
the Recreation Commission be given the opportunity to work the issue. Mr. Brown
gave the Mayor credit for recognizing the gang issue. He suggested that Council enact
an ordinance to punish irresponsible parents. He can see our schools becoming a
money pit; and until something happens, the kids will continue to get low grades. Mr.
Summiel prefers a carrot rather than the stick approach. He discussed the social
ramifications of economics. It will take the concern people who can identify the carrot.
He wanted Mr. Brown to be cautious to not broad brush the Abbott program. Mr.
Brown stated that initiating the legislation would start the public discussion. He stated
the needs for three policemen in the schools, and they should go the Governor Corzine
and ask him for the support. At a minimal, we should ask for one policeman per
school. There is a grant for one policeman that must be shared between three schools.
He would extent the requests along with their support because he did not think we
would get the Safe Cities Grant. Richard Russo (Oaks Lane) stated that the resolution
should prohibit anyone who is a township employee from being part of the citizen
contingent. The CFO, Council and administrator explained to Mr. Russo that it would
be Citizen Participation. They also explained to Mr. Inverso that this was a trial and
changes would be made.

N. CLOSED SESSION

President Apai asked for a motion to go into close session to discuss personnel issues.
Mr. Summiel made the motion and Mr. Murphy seconded. He called for a roll call
vote:

AYES: Mr. Murphy

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 Mr. Summiel
Ms. Wollert
President Apai

President Apai asked for a motion to go back into public session. Mr. Murphy made
the motion and Mr. Summiel seconded. He called for a roll call vote:

AYES: Mr. Murphy

Mr. Summiel
Ms. Wollert
President Apai

ADJOURNMENT

With no further business before Council, President asked for a motion to adjourn.
Ms. Wollert made the motion to adjourn, seconded by Mr. Steinmann. The Council
meeting for May 8th, 2006 was adjourned at 8:16 PM.

_____________________________ ______________________________
DONALD APAI CHARLES L. GREEN
COUNCIL PRESIDENT ACTING MUNICIPAL CLERK