EWING TOWNSHIP COUNCIL

August 28th, 2006 AGENDA SESSION

President Apai called the meeting to order at 6:30 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 as per N.J.S.A. 10:4-18
and was transmitted to the Times of Trenton and the Trentonian on August 10th,
2006 for publication on August 12th, 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.

ROLL CALL
Also Present
ƒ Mr. Murphy – Present Jim McManimon, Administrator
ƒ Mr. Steinmann – Present Maeve Cannon, Attorney
ƒ Mr. Summiel - Present Stephen Elliott, Clerk
ƒ Ms. Wollert - Present
ƒ President Apai - Present

DISCUSSION:

1. President Apai reviewed the County freeholder resolution supporting the

U.S. mayors’ Climate Protection Agreement. After review by the
Environmental Commission, it was back before Council for consideration.
After discussion it was placed on the agenda as a New Business item.
2. Presdient Apai and Mr. Steinmann updated Council on a recently enacted
State law that requires for any youth who participates in Township
recreational activities and who wears corrective eyewear to also wear
protective glasses. The Town ship is not responsible or liable under the law
but the recreation Commission will monitor compliance.

CONSENT AGENDA:
President Apai presented the Consent Agenda for review.

1. Authorization for the Chief Financial Officer to pay Township bills in the
amount of $1,257,845.27.

2. Approval of minutes of the meetings of July 24th (Agenda), July 25th

(Regular), July 31st (Special), February 18th (Special), February 27th
(Agenda), February 28th (Regular), March 13th (Agenda), March 14th
(Regular), March 27th (Agenda), March 28th (Regular), April 7th (Special),
April 10th (Agenda), April 11th (Regular), April 12th (Special), May 9th
(Regular), May 22nd (Agenda) and May 23rd (Regular).

3. Authorization to refund the amount of $500.00 to homeowner Frank Meli,

430 Federal City Road, Pennington, NJ 08534 for Certificate of Occupancy
inspection for a resale of a 4 unit home at 1530 Pennington Road as per the
approval of William Erney, Construction Official. Homeowner will not be
selling the home.

4. Resolution to release Maintenance Bond from the Pfizer Aviation Hanger

Project, pending payment of all costs associated with final inspection and
release recommendation, as outlined by the Township engineer.

5. A Resolution authorizing a street closing on Weber and Hazel for a block

party sponsored by the Celestial Church of Christ on August 12th and 13th
from 10:00 A.M. to 6:00 P.M.
6. A Resolution authorizing a street closing on Troy Avenue (between Dryden
& Robbins Avenue) for a block party sponsored by the Troy Avenue Civic
Association on August 27th from 3:00 P.M. to 11:00 P.M.

7. A Resolution authorizing a street closing on Douglas Avenue for a block

party sponsored by the Homecrest Park Civic Association on September 16th
from 3:00 P.M. to 10:00 P.M.

8. Upon the thorough review and recommendation of the Municipal Tax

Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $267.89 for August 1, 2006 tax
quarter for property owner Matthew M. Klotz to New Venture Title Agency,
LLC, 83 Morris Street, New Brunswick, NJ 08903 (Title Number NV-1313)
for Block: 225.02, Lot: 56 Qual: C0417 also known as 417 Masterson Court
to refund overpayment.

9. Upon the thorough review and recommendation of the Municipal Tax

Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $227.22 for CY2006 second half for
property owner Commerce Park at Ewingville Inc. ALS to Commerce Park
at Ewingville Inc. ALS, 691 State Highway 33, Trenton, NJ 08619 for Block:
105, Lot: 67 also known as 129 Winterwood Avenue to lower assessment.

10. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $227.22 for CY2006 second half for
property owner Commerce Park at Ewingville Inc. ALS to Commerce Park
at Ewingville Inc. ALS, 691 State Highway 33, Trenton, NJ 08619 for Block:
105, Lot: 66 also known as 127 Winterwood Avenue to lower assessment.

11. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $991.90 for August 1, 2006 tax
quarter for property owner Robert L. Davis & Sample-Davis to First
American Real Estate Tax Service, Attn: Tax Refunds, 1 First American
Way, Mail Code: DFW 1-3, Westlake, TX 76262, Loan #1590436639 for
Block: 524, Lot: 3 also known as 16 Marquis Road to refund overpayment.

12. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $1,133.69 for August 1, 2006 tax
quarter for property owner Lawrence J. Di Paolo to Princeton Assurance
Corporation, Attn: Doris, 2482 Pennington Road, Pennington, NJ 08534 (file
#NJ06-7369FA) for Block: 448, Lot: 49 also known as 617 Greenway Avenue
to refund overpayment.

13. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $873.31 for August 1, 2006 tax
quarter for property owner Charlotte Charles to Christoffersen & Wenczel,
Attorneys at Law, 795 Parkway Avenue, Suite A-1, Lexington Mews Office
Park, Trenton, New Jersey 08618-2704 for Block: 137, Lot: 137 also known
as 5 Hawthorne Avenue to refund overpayment.

14. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $790.80 for August 1, 2006 tax
quarter for property owner Raul A. Bartra to Raul A. Bartra, 104
Homecrest Avenue for Block: 69, Lot: 3 also known as 104 Homecrest
Avenue to refund overpayment.

15. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $1,069.40 for August 1, 2006 tax
 quarter for property owner Robert Speakman to Fulginiti & Pessel,
Attorneys At Law, 214 Carnegie Center, Suite 104, Princeton, NJ 08540 for
Block: 267, Lot: 26 also known as 46 Rutledge Avenue to refund
overpayment.

16. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $921.53 for August 1, 2006 tax
quarter for property owner Matthew Alan Faccinto to Angelo S. Farrante,
Attorney at Law, 795 Parkway Avenue, Suite A-3, Lexington Mews, Trenton,
NJ 08618 (file #24979) for Block: 467, Lot: 135 also known as 995 Terrace
Blvd. to refund overpayment.

17. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $1,128.34 for August 1, 2006 tax
quarter for property owner Vickram Tiwari to American General Title
Agency, Inc., 2517 Highway 35 Bldg. I, Suite 201, Manasquan, NJ 08736, Re:
AG-6115 Refinance for Block: 552, Lot: 159 also known as 4 Pilgrim Court
to refund overpayment.

18. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $932.24 for August 1, 2006 tax
quarter for property owner Robert K. Mensah to Robert K. Mensah, 71
Theresa Street, Ewing, New Jersey 08618 for Block: 469, Lot: 159 also
known as 71 Theresa Street to refund overpayment.

19. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $964.38 for August 1, 2006 tax
quarter for property owner Sally E. Comiski ET VIR to Sally E. Comiski ET
VIR, 114 Rutledge Avenue, Ewing, New Jersey 08638 for Block: 467, Lot:
126 also known as 114 Rutledge Avenue to refund overpayment.

20. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $1,098.33 for August 1, 2006 tax
quarter for property owner Frank J. & Cheryl J. Fioravanti to Frank J. &
Cheryl J. Fioravanti, 172 W. Upper Ferry Road, Ewing, New Jersey 08628
for Block: 423, Lot: 86 also known as 172 W. Upper Ferry Road to refund
overpayment.

21. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $844.38 for August 1, 2006 tax
quarter for property owner West J. Lawery, Sr. to Garden State Abstract
Company, North Crossing Garden Offices, 112J Centre Boulevard, Marlton,
NJ 08053 (file #31505) for Block: 246, Lot: 11 also known as 16 Theresa
Street to refund overpayment.

22. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $226.21 for 2006 1st half sewer
charges to lienholder Josef Hoffman, 326 Shady Lane, Trenton, NJ 08619 (a
payment of $380.00 was received in March 2006 for an unidentified property
and deposited into the Township’s current fund resulting in not being posted
to the actual owner’s sewer account for 2006 full year sewer charges) and
issue a check in the amount of $189.75 to the Township Sewer Department to
be applied to the owner’s sewer account for the 2006 2nd half sewer charges
due October 1st, 2006 for Block: 118.01, Lot: 7 also known as 1700 N. Olden
Avenue Ext.
 23. Upon the thorough review and recommendation of the Municipal Tax
Collector, the Governing Body of the Township of Ewing does hereby resolve
to authorize a REFUND in the amount of $2,209.87 for August 1, 2006 tax
quarter for property owner Robert C. & Fern Leventhal to Robert C. &
Fern Leventhal, 33 Farm Road, Ewing, NJ 08638 for Block: 223.07, Lot: 128
also known as 33 Farm Road to refund overpayment.

24. Upon the thorough review and recommendation of the Construction Official,
William Erney, the Governing Body of the Township of Ewing does hereby
resolve to authorize a REFUND in the amount of $201.00 to homeowner
Thomas D. McMath, 99 Browning Avenue, Ewing, NJ 08638 for building
permit #20041121. Homeowner will not be building addition due to medical
reasons.

25. A Resolution authorizing a street closing on Conway Avenue and Grafton

Avenue for a block party sponsored by Conway & Grafton Aves.
Community Group on September 2nd, 2006 at 11:00 A.M.

After the Finance Officer responded to questions by Council, the Consent

Agenda was approved for action.

ORDINANCE (S) FOR FIRST READING AND INTRODUCTION

1. President Apai presented ORDINANCE AMENDING THE REVISED

GENERAL ORDINANCES OF EWING TOWNSHIP IN THE COUNTY OF
MERCER TO AMEND AND ORDINANCE NO. TO ESTABLISH A PERMIT
PROCEDURE INCLUDING A FEE, FOR TEMPORARY STORAGE
TRAILERS. (2006). Members of Council questioned various aspects of the
proposed ordinance and it was referred back to the attorney for further
development.

2. President Apai presented AN ORDINANCE AMENDING THE REVISED

GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE
COUNTY OF MERCER PROHIBITING AND ESTABLISHING AN
OFFENSE AND PENALTIES FOR GANG LOITERING WITHIN THE .
TOWNSHIP OF EWING. (2006) - Mr. Summiel asked that the ordinance be
pulled from consideration pending discussion about the issue with the Chief of
Police.

3. President Apai presented AN ORDINANCE AMENDING THE REVISED

GENERAL ORDINANCES OF THE TOWNSHIP OF EWING IN THE
COUNTY OF MERCER AUTHORIZING THE TOWNSHIP CHIEF
FINANCIAL OFFICER TO DISBURSE CLAIMS UP TO $950,000
PURSUANT TO NJSA 40A:5-16 ET SEQ AND –17, PROVIDED THAT SUCH
CLAIMS BE PRESENTED NO LATER THAN THIRTY (30) DAYS FROM
PAYMENT AT A REGULARLY SCHEDULED TOWNSHIP COUNCIL
MEETING FOR APPROVAL. (2006) Members of Council discussed the
proposal with CFO Keyes, with particular concern about maintaining the
Council’s statutory responsibilities for approval of payments. The ordinance
was pulled from consideration pending further development by the attorney..

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

ADOPTION

1. President Apai presented AN ORDINANCE AMENDING THE REVISED

GENERAL ORDINANCES OF THE TOWNSHIP OF EWING, COUNTY
OF MERCER, STATE OF NEW JERSEY, AMENDING CHAPTER 205,
TOWING AND STORAGE, TO REVISE THE FEES ASSOCIATED WITH
TOWING AND STORAGE SERVICES. (As Amended) (2006). The
ordinance was approved for action.
NEW BUSINESS

President Apai presented the following items of new business for consideration, all
of which were approved for action:

1. Introduction of FY 2006-2007 Municipal Budget.

2. A Resolution authorizing the acceptance of Credit Card and Electronic

Receipts for Payment of Recreation Fees.

3. A Resolution affirming the Recreation Commission’s Adoption and

Implementation of an Athletic Code of Conduct.

4. A Resolution Authorizing the Tax Appeal Settlement for Township of Ewing

v. General’s Quarters Restaurant, Docket No. 005790-2006.

5. A Resolution Canceling Taxes on Properties Owned By the Township Of

Ewing, More Specifically Block 237, Lot 6.

6. Emergency Temporary Appropriation

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC

Kim Welebir, Ron Prykanowski(16 Thurston Ave), Kate Tuttle (8 Locke Court) and
Faye Ball (47 Somerset St.) all commented on ordinances listed for first reading.

Ms. Wollert moved to go into Closed Session to discuss contract negotiations,

seconded by Mr. Summiel. At 7:39, the meeting was reopened.

Mr. Steinmann then moved to adjourn the meeting, seconded by Ms. Wollert.

The meeting was adjourned.

______________________________ ______________________________
Donald Apai, Council President Stephen Elliott, Municipal Clerk