JULY 13th, 2010 - REGULAR MEETING Council President Murphy called the meeting to order at 7:02 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 Mr. Cox – Present Mr. Steinmann- Present Ms. Wollert- Absent Mr. Summiel – Present President Murphy- Present Jack Ball, Mayor Mike Hartsough, Attorney Stephen Elliott, Clerk

STATEMENTS AND COMMENTS FROM THE PUBLIC FOR ITEMS ON THE AGENDA. There were none at this time. CONSENT AGENDA The Clerk read the Consent Agenda. (Resolution #10R-93/) 1. Approval of minutes of the meeting of June 21st, 2010 (Agenda) and June 22nd, 2010 (Regular). 2. A Resolution approving Michael P. Soganic as a Senior Member of the West Trenton Volunteer Fire Company 3. A Resolution authorizing Conway & Grafton Avenue Civic Association to hold a block party/road closing on August 7th, 2010 starting at 10:00 a.m. 4. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $17.19 for October 1, 2010 sewer bill to Garry Garrison, 6 Poplar Avenue, Elon, NC 27244-9117, for property owner Gary Garrison for Block: 292 Lot: 18 also known as 520 Maple Avenue for overpayment. 5. A Resolution authorizing a Refund, as recommended by the Tax Collector in the amount of $37.18 for October 1, 2010 sewer bill to Graham, Richard, 142 Hawthorne Avenue, Ewing, NJ 08638, for property owner Graham, Richard for Block: 149 Lot: 87 also known as 142 Hawthorne Avenue for overpayment. 6. A Resolution authorizing the conduct of an on premise 50/50 cash raffle sponsored by St. Francis Medical Center to be held September 20th, 2010 at the Trenton Country Club. 7. A Resolution authorizing the conduct of an off premise 50/50 cash raffle sponsored by St. Francis Medical Center to be held September 20th, 2010 at the Trenton Country Club. 8. A Resolution authorizing the conduct of an off premise merchandise raffle (Golf Trip and 3-day Tournament) sponsored by St. Francis Medical Center to be held September 20th, 2010 at the Trenton Country Club. 9. A Resolution authorizing the conduct of an off premise merchandise raffle (Various Prizes Totaling $2,000) sponsored by St. Francis Medical Center to be held September 20th, 2010 at the Trenton Country Club.

10. A Resolution authorizing the conduct of an on premise merchandise raffle sponsored by USTA/National Junior Tennis League of Trenton, Inc. to be held September 26th, 2010 at the Trenton Country Club from 8:00 am to 8:00 pm. Mr. Steinmann moved the Resolution, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION 1. The Clerk read (Ordinance #10-10) AN ORDINANCE AMENDING THE REVISED GENERAL MUNICIPAL ORDINANCES OF THE TOWNSHIP OF EWING TO ESTABLISH A HANDICAPPED PARKING SPACE IN FRONT OF 5 NEW HILLCREST AVENUE. (2010) Attorney Hartsough indicated that the Police Department had reviewed and approved the application for the permit. Mr. Summiel moved the Ordinance, seconded by Mr. Steinmann.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

2. The Clerk read AN ORDINANCE AMENDING THE OLDEN AVENUE REDEVELOPMENT PLAN. (2010) Mr. Steinmann moved the Ordinance, seconded by Mr. Cox. Mr. Summiel felt that the Ordinance should go to the Planning Board before coming to Council.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES NO YES

ORDINANCE(S) FOR SECOND READING, PUBLIC HEARING AND FINAL ADOPTION 1. The Clerk read (Ordinance #10-06) AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF EWING TO EXTEND NO PARKING RESTRICTIONS ON A PORTION OF LOUISIANA AVENUE (2010) WHEREAS, residents along Louisiana Avenue have requested the extension of the two hour parking limit on Louisiana Avenue beginning at Crescent Avenue to be extended to Oak Lane to Green Lane; and WHEREAS, Section 225-51, Schedule IV of the Code regulates Time Limit Parking on Streets; NOW THEREFORE, 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 225-51, entitled “Schedule IV: Time Limit Parking”, of the Revised General Municipal Ordinances of the Township of Ewing is hereby amended as follows: Name of Street Side Time Limit: Location Hours/Days

Louisiana Avenue Avenue

Both

2 hours, 8:00 a.m. to 7:00 p.m. Monday Through Friday

Crescent Oak Lane to Green Lane

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 extend Time Parking Limits on a portion of Louisiana Avenue

The public hearing was opened and, there being no comments, then closed. Mr. Summiel indicated that he had discussed the process with the Chief of Police and was satisfied. Mr. Steinmann moved the Ordinance, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

2. The Clerk read (Ordinance #10-07) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING REQUIRING LANDLORD REGISTRATION OF RESIDENTIAL RENTAL UNITS. (2010) WHEREAS, the Landlord Identity Law, N.J.S.A. 46:8-27 et. seq. requires registration by landlords of rental units; NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that Chapter 284, Rental Property, of the Revised General Municipal Ordinances of the Township of Ewing is hereby DELETED and REPLACED as follow: Section 1. Chapter 284, Rental Property of the Code of the Township of Ewing is hereby amended as follows: ARTICLE I Section 284-1 LANDLORD REGISTRATION Registration of Residential Rental Units

A. The term "landlord” shall mean the person or persons who own or purport to own, or exercise control of any building or project in which there is rented or offered for rent housing space for living or dwelling purposes under either a written or oral lease, provided that this definition shall not include owner-occupied two unit premises. B. No person shall hereafter occupy any rental unit, nor shall the landlord or owner permit occupancy of any rental unit within the Township, which is not registered, if required, in accordance with this section. C. Each rental unit shall be inspected upon each change in tenancy or occupancy. No tenant shall occupy a rental unit where a Certificate of Occupancy has not been issued by the Construction Official. Section 284-2 Certificate of Registration

A. Registration. Every landlord of a one-dwelling unit rental or a two-dwelling unit nonowner occupied premises shall hereafter be registered with the Municipal Clerk on forms which shall be provided by the Municipal Clerk’s office containing the requirements of N.J.S.A. 46:8-28. Every landlord shall also deliver a copy of the certificate simultaneously to the tenant(s).

B. Amendments; Filing. Every person required to file a registration form pursuant to this section, shall file an amended registration form within twenty (20) days after any change in the information required to be included thereon. No fee shall be required for the filing of an amendment except where the ownership or tenancy of the premises is changed. Section 284-3 Taxes and Other Municipal Charges.

No rental unit may be registered and no license shall be issued for any property containing a rental unit unless all municipal taxes, sewer charges and any other municipal assessments are paid on a current basis. Section 284-4 Violation; Penalty

A violation is a failure to register a residential rental unit. Any person violating any of the provisions of this chapter shall be subject to a penalty of not more than $500.00 for each offense, recoverable by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Section 2. Chapter 172, FEES, Section 172-31, Rental Property Registration, of the Code of the Township of Ewing is hereby amended as follows: 172-31 Rental pProperty Registration

The following fees shall be payable pursuant to Chapter 284, Rental Property, Article I II, Licensing and Landlord Registration: A. Annual Landlord registration fee: $30 50. B. Reinspection fee: $75. C. Late fee surcharge: $30. Section 3. This ordinance shall take effect upon final passage and publication in accordance with law. STATEMENT This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to require landlord registration of certain residential rental units.

The public hearing was opened. Dave DePallo (61 Brophy Drive) asked about the frequency of inspections. Attorney Hartsough responded they would continue as being with changes in occupancy. Registration would be an annual. In response to a question by Ken Brett (72 6th St, the Attorney stated that the ordinance applied to 1 and 2 unit residential properties not occupied by the owner. The public hearing was then closed and Mr. Summiel moved the Ordinance, seconded by Mr. Cox.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

3. The Clerk read (Ordinance #10-08) AN ORDINANCE AMENDING THE REVISED ORDINANCES OF THE TOWNSHIP OF EWING, CHAPTER 284, RENTAL PROPERTY, REQUIRING CERTAIN LANDLORDS TO POST ADEQUATE SECURITY AGAINST THE CONSEQUENCES OF DISORDERLY BEHAVIOR OF THEIR TENANTS. (2010)

WHEREAS, P.L.2009, c.170 was enacted to permit the adoption of Ordinance holding landlords to standards of responsibility in the selection of tenants and supervision of the rental premises, such landlords may be required to post adequate bond against the

consequences of disorderly behavior of their tenants, and in the case of subsequent violations forfeit such bond, in whole or part, in compensation for the consequences of such behavior. NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ewing that Chapter 284, Rental Property, of the Revised General Municipal Ordinances of the Township of Ewing is hereby AMENDED by adding the following NEW ARTICLE II, LANDLORD RESPONSIBILITY, as follow: Section 1. Chapter 284, Rental Property of the Code of the Township of Ewing is hereby amended by adding the following NEW ARTICLE II, LANDLORD RESPONSIBILITY, as follow s: ARTICLE II Section 284-10 LANDLORD RESPONSIBILITY Purpose

The purpose of this Article is to enable the Township of Ewing to take effective action to assure that excesses arising from irresponsible rentals, when they occur, shall not be repeated, and that landlords be held to sufficient standards of responsibility in order to preserve the peace and tranquility of the Township for its permanent residents. Section 284-11 Definitions. ”Hearing Officer” shall mean a licensed attorney of the State of New Jersey appointed by the Mayor, who shall not be an owner or lessee of any real property within the municipality, nor hold any interest in the assets of or profits arising from the ownership or lease of such property. "Landlord" means the person or persons who own or purport to own a building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease which building contains no more than four dwelling units. "Substantiated complaint" means a complaint for an act of disorderly, indecent, tumultuous or riotous conduct, upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises which has been substantiated by prosecution and conviction in any court of competent jurisdiction. Section 284-12 Complaint

If in any twelve-month period two or more complaints, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Mayor, or any officer or employee of the municipality designated by the Mayor for the purpose, may institute proceedings to require the landlord of those premises to post a bond against the consequences of future incidents of the same character. Section 284-13 Notice Requirements

A. The Mayor, or officer or employee designated pursuant to Section 284-12, shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the Township, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the municipal building, municipal court or other public place within the municipality, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed. B. In the event a tenant is convicted of any of the conduct described in a substantiated complaint, the Mayor, or officer or employee designated pursuant to Section 284-12, shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Township.

Section 284-14

Hearing; Penalty

A. At the hearing convened pursuant to this Article, the hearing officer shall give full hearing to both the complaint of the Township and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. At the conclusion of the hearing the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this Article. B. Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for 1. damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet possession of their premises, 2. securing the payment of fines and penalties likely to be levied for such offenses, and 3. compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; but no such bond shall be in an amount less than $500 or more than $5,000. The municipality may enforce the bond thus required by action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality. C. A bond or other security deposited in compliance with this section shall remain in force for a period recommended by the hearing officer but not less than two nor more than four years. Upon the lapse of the specified period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Section 284-15, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer. Section 284-15 Proceedings Against Landlord; Recovery from Tenant

A. If, during the period for which a landlord is required to give security pursuant to the Section 284-14, a substantiated complaint is recorded against the property in question, the Mayor or the Mayor’s designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the period for which such security is required, or for an increase in the amount of security required, or for any or all of those purposes. B. Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Section 284-14. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Section 284-14, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided for in Section 284-14. C. A landlord may recover from a tenant any amounts of security actually forfeited as described in this section. Section 2. This ordinance shall take effect upon final passage and publication in accordance with law. STATEMENT

This Ordinance amends the Revised General Municipal Ordinances of the Township of Ewing to require certain landlords to post adequate bond against the consequences of disorderly behavior of their tenants. The public hearing was opened. Dave DePaulo asked about notices being sent to landlords about violations; Attorney Hartsough said that owners would be notified of any violations. The public hearing was then closed and Mr. Summiel moved the Ordinance, seconded by Mr. Steinmann.

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

NO YES YES YES

4. The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES CHAPTER 319, SOLID WASTE, OF THE TOWNSHIP OF EWING TO AMEND REGULATIONS FOR DISPOSAL AND COLLECTION OF SOLID WASTE. (2010) Mr. Steinmann suggested that the Ordinance might be tabled until the Administration develops a plan to inform the public of its contents. Mayor Ball stated that he thought the Ordinance could become effective September 1, while Attorney Hartsough thought that October 1 was a more realistic date. A large number of people spoke about the ordinance including They included Charles Green, Kate Tuttle, Mike Flack (7 Brophy Dr), Trish DeCello (7 Chelmsford), Greg Wishnabe, Ken Bentley, Megan Jacobs (6 Westwood), Ron Prykanowski (16 Thurston), Mike Summers (27 Shelburne),Mildred Russell (119 King) Mary Corrigan (111 Broad Ave) Herb Thorp (Main Blvd) Betty Hagel (66 Mountain View Dr) Jeff Lenarski (2321 Spruce St) Ron Dykus (160 Upper Ferry Rd) who spoke about a variety of different issues. It was also suggested to pit the latest version of the Ordinance on the Township website so residents could read it and make additional comments. The number of garbage receptacles, the disposition of leaves and grass clippings, picking up trash at rental houses and the use of wood chippers were among the areas of concern. After these comments, Mr. Steinmann moved to continue the public hearing, seconded by Mr. Summiel. The motion was approved by voice vote.
1. The Clerk read (Resolution #10R-94) A RESOLUTION APPROVING THE RENEWAL OF A LIQUOR LICENSE FOR THE 2010-2011 LICENSING YEAR (Café Milano)

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

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

2. The Clerk read (Resolution #10R-95) A RESOLUTION APPROVING THE RENEWAL OF A LIQUOR LICENSE FOR THE 2010-2011 LICENSING YEAR, WITH CONDITIONS – Erini’s Restaurant

Mr. Summiel moved the Resolution, seconded by Mr. Cox ROLL CALL
Mr. Cox YES

Mr. Steinmann Mr. Summiel President Murphy

YES YES YES

3. The Clerk read (Resolution #10R-96) 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 $15,179.00

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

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

4. The Clerk read (Resolution #10R-97) A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO MAKE APPLICATION TO THE STATE OF NEW JERSEY FOR A SUSTAINABLE NEW JERSEY GRANT TO ESTABLISH A RAIN GARDEN DEMONSTRATION PROJECT AND WATER CONSERVATION EDUCATION PROGRAM.

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

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

5. The Clerk read (Resolution #10R-98) A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EWING APPROVING AND CONSENTING TO THE ISSUANCE OF NOT TO EXCEED $10,000,000 OF OBLIGATIONS BY THE EWING LAWRENCE SEWERAGE AUTHORITY THROUGH THE 2010 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM.

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

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

6. The Clerk read (Resolution #10R-99) A RESOLUTION APPROVING A CHANGE ORDER TO WU AND ASSOCIATES, INC. FOR THE RESTORATION OF THE LOUIS I. KAHN TRENTON BATH HOUSE AND DAY CAMP PAVILIONS AT THE EWING SENIOR AND COMMUNITY CENTER.

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

ROLL CALL

Mr. Cox Mr. Steinmann Mr. Summiel President Murphy

YES YES YES YES

COUNCIL REPORTS
Mr. Cox reported on the Senior Citizens Advisory Committee.

STATEMENTS AND COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA Kate Tuttle (8 Locke Ct), Charles Green (979 Bear Tavern Rd), Matt Kemp (4 Wild Cherry Lane), Bob Litz (Hardwick Dr), all spoke against the layoffs of the police officers and other Township employees, and in favor of keeping the School Resource Officers in the schools. They noted that the layoffs would have a detrimental impact

on public safety and that Ewing’s police, fire and sanitation employees were what make the Township special. Robert Litz asked about Township wide furloughs a s a way to save money., ; President Murphy urged the Mayor to bargain with the unions and be more specific about the options that were available. Alea Devine (Titusville) asked Council to consider a resolution opposing the proposed improvements to the Jacobs Creek Bridge because it was intrusive and would permit large trucks to use that road. Brian Fishberg (Pennington Road Fire and Rescue Company) thanked Council for its support of the new ambulance. Harvey Johnson asked about the status of the project to insert covers on storm drains per NJDEP mandate. There being no further business, President Murphy called for a motion to adjourn. Ms. Wollert so moved, seconded by Mr. Steinmann. The meeting was adjourned at 9:44 pm.

________________________________ Joseph Murphy, Council President

_______________________________ Stephen W. Elliott, Municipal Clerk

Sign up to vote on this title
UsefulNot useful