September 13th, 2010 - AGENDA MEETING

President Murphy called the meeting to order at 6:31 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 Frank Ragazzo, Administrator
ƒ Mr. Summiel – Present Mike Hartsough, Attorney
ƒ Ms. Wollert – Present Kim Macellaro, Deputy Clerk
ƒ President Murphy – Present

DISCUSSION

1. ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

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

Administrator Frank Ragazzo asked that this Ordinance be removed from the Agenda.
Councilwoman Wollert wanted to know if the 3.5% increase and the dollar amount of $1,004,116.15
would stay the same or would the number be changed down the road. Administrator Ragazzo
answered that he would have to speak with Mr. Chris Jack and assumed that the number would
change based on the budget. Councilman Steinmann commented that again the SFY11 budget is
shades of Mr. Barrett all over again. There is no backup documentation, no employees’ salaries. He
wanted to know how Administration derived at the numbers, how many employees there are and
what their salaries are. President Murphy wants to see the impact on local property taxes, how much
does it mean to the average property owner in Ewing Township. President Murphy withdrew the
Ordinance.

2. AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT TO COMCAST

TO CONSTRUCT, CONNECT, OPERATE AND MAINTAIN A CABLE TELEVISION
AND COMMUNICATIONS SYSTEM IN THE TOWNSHIP OF EWING

Councilwoman Wollert commented that this had been held over months ago and the Mayor was
going to hold a meeting with Cable Advisory Board. She stressed the urgency of this ordinance and
commented that the Township is in danger of losing the grant. Mayor Ball replied that the Cable
Advisory Board still has many concerns with this Ordinance. After discussion, this Ordinance was
postponed until a further date.

CONSENT AGENDA

Council President Murphy presented the Consent Agenda for review.

A few items on the bills list were discussed and Administration/Attorney Hartsough will
provide answers at the Regular Meeting on September 14th, 2010.

1. Authorization for the Chief Financial Officer to pay Township bills in the
amount of $1,833,333.90.

2. Approval of minutes of the meeting of August 11th, 2010 (Agenda) and

August 11th, 2010 (Regular Meeting).

3. A Resolution authorizing a Performance Guarantee Release for Petros &

Panagiotis – Ewing Diner (Block 358/Lot 15) – Ewing Engineers Banc3, Inc.
project #2000230-27.
4. A Resolution authorizing a Refund, as recommended by the Tax Collector in
the amount of $1156.68 for August 1, 2010 tax quarter to Littwin, Ronald T.
& Paige A., 12 Conover Ave, Ewing, NJ 08638, for property owner Littwin,
Ronald T. & Paige A., for Block: 101 Lot: 208 also known as 12 Conover
Avenue for overpayment.

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

the amount of $709.29 for August 1, 2010 tax quarter to Rego, Joseph F. &
Liberto, Robert, 89 Joni Avenue, Hamilton, NJ 08690, for property owner
Rego, Joseph F. & Liberto, Robert, for Block: 154 Lot: 29 also known as 109
Pennsylvania Avenue for overpayment.

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

the amount of $9.17 for August 1, 2010 tax quarter to Pires, David M. &
Monika E., 1 Greenwald Avenue, Ewing, NJ 08618, for property owner
Pires, David M. & Monika E., for Block: 443 Lot: 236 also known as 1
Greenwald Avenue for overpayment.

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

the amount of $2,384.78 for August 1, 2010 tax quarter to Convenient
Closing Services, 3001 Leadenhall Road, Mt. Laurel, NJ 08054, Attn: Tax
Team, File# CSLLC1002624-BS, Ref#423.02-353 for property owner
Capogna, Antonio, for Block: 423.02 Lot: 353 also known as 78 Willis Drive
for overpayment.

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

the amount of $1,579.00 for August 1, 2010 tax quarter to Lyons, Kenneth &
B. Cynthia V., 32 Patton Drive, Trenton, NJ 08618, for property owner
Lyons, Kenneth B. & Cynthia V., for Block: 451 Lot: 27 also known as 32
Patton Drive for overpayment.

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

the amount of $1,384.75 for August 1, 2010 tax quarter to Steffner, William
& Christina & Nicholas, 9 Clark Court, Bridgewater, NJ 08807, for property
owner Steffner, William & Christina & Nicholas, for Block: 105.04 Lot: 3
also known as 154 Ewingville Road for overpayment.

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

the amount of $1,196.78 for August 1, 2010 tax quarter to Trident Land
Transfer Co. Of NJ, 1409 North Kings Highway, Cherry Hill, NJ 08034,
Attn: Valerie F Armstrong for property owner Janecek, Brian J. &
Woodward, C., for Block: 460 Lot: 49 also known as 9 Millard Terrace for
overpayment.

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

the amount of $2,585.29 for August 1, 2010 tax quarter to Watts-Trotman,
Victoria, 35 Willis Drive, Ewing, NJ 08628, for property owner Watts-
Trotman, Victoria, for Block: 423.03 Lot: 272 also known as 35 Willis Drive
for overpayment.

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

the amount of $646.45 for August 1, 2010 tax quarter to Morgan, David &
Marie, 54 Pennsylvania Avenue, Ewing, NJ 08638, for property owner
Morgan, David & Marie, for Block: 146 Lot: 6 also known as 54
Pennsylvania Avenue for overpayment.

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

the amount of $1,594.04 for August 1, 2010 tax quarter to Tong, Christopher,
110 Susan Drive, Ewing, NJ 08638, for property owner Tong, Christopher
for Block: 214.07 Lot: 5 also known as 110 Susan Drive for overpayment.
 14. A Resolution authorizing a Refund, as recommended by the Tax Collector in
the amount of $2,030.14 for August 1, 2010 tax quarter to Princeton
Assurance Corporation, 2482 Pennington Road, Pennington, NJ 08534, for
property owner Williams, Daniel G. & Jennifer for Block: 214.05 Lot: 15
also known as 210 Nancy Lane for overpayment.

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

the amount of $2,109.09 for August 1, 2010 tax quarter to Affiliated Title of
South Jersey, North Crossing Garden Offices, 108E Centre Boulevard,
Marlton, NJ 08053, for property owner Massimi, Matthew & Linda R., for
Block: 435 Lot: 84 also known as 11 Perry Drive for overpayment.

16. A Resolution authorizing a Cancellation, as recommended by the Tax

Collector in the amount of $115.50 for CY2010 second half sewer billing for
property Hopwood, Kenneth, for Block: 566 Lot: 16 also known as 22
Brophy Drive due to fire mid-July, sewer line disconnected.

17. A Resolution authorizing Hopewell Valley YMCA to hold a block party/road

closing on Saturday, September 25th, 2010 starting at 8:15 am.

18. A Resolution authorizing a refund, as recommended by the Township

Construction Official, in the amount of $125.00 to Angela Giancarli, 15
Montague Avenue, Ewing, New Jersey 08628 for a certificate of occupancy
fee for 1569 Parkway Avenue, Block 375, Lot 18, due to the fact that the
home is a multiple dwelling and has nine units.

19. A Resolution authorizing a refund, as recommended by the Township

Construction Official, in the amount of $147.00 to A. J. Perri, 1138 Pine
Brook Road, Tinton Falls, NJ 07724 for a permit issued for 18 Langmoore
Drive, Ewing, NJ 08638. The homeowner has decided he no longer wants to
do the work.

20. A Resolution authorizing a refund, as recommended by the Township

Construction Official, in the amount of $100.00 to Bruce Aruta, 23 Crown
Road, Ewing, New Jersey 08638 for escrow that was put up for a deck at 23
Crown Road, Ewing, NJ 08638. Final inspections have been completed and
passed.

21. A Resolution consenting to the appointment of Joseph-Mark Mirabella to the

Ewing Township Arts Commission with a term to expire December 31, 2012.

The Consent Agenda was approved for action.

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

ADOPTION

President Murphy presented the Ordinances for second reading for review.

1. AN ORDINANCE AMENDING THE OLDEN AVENUE

REDEVELOPMENT PLAN. (2010)

Attorney Hartsough commented that this Ordinance had been introduced and
was referred to the Planning Board. The Planning Board has approved and
adopted a Resolution and is now sending it back to Council for their final
approval.

The Ordinance was approved for action.

NEW BUSINESS

1. A RESOLUTION AUTHORIZING EXECUTION OF A COMPACT

AUTHORIZED GRANT AGREEMENT WITH THE DELAWARE RIVER JOINT
TOLL BRIDGE COMMISSION IN THE AMOUNT OF $240,682.00 FOR THE
REPAVING AND RECONSTRUCTION OF A PORTION OF WILBURTHA
ROAD FROM ROUTE 29 TO MANSION HILL DRIVE.
Attorney Hartsough explained that about six months ago we were advised that there were
additional grant monies available from the DRJTBC. The portion was selected because it
includes the bridge over the canal. There will be no curbing or sidewalks on this road.

2. A RESOLUTION AUTHORIZING THE TOWNSHIP OF EWING TO SUBMIT A

GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF
TRANSPORTATION FOR THE FY2009 MUNICIPAL AID TRUST FUND
PROGRAM FOR THE RECONSTRUCTION IMPROVEMENTS TO PHILLIPS
BOULEVARD.

Attorney Hartsough explained that this is an annual grant that we receive from the DOT.
Angelo Capuano, Public Works Director, and Township Engineer John Reyman
recommended this road. Councilman Steinmann wanted to know why they didn’t pick a
neighborhood street as opposed to an Industrial Road and could Council change the street.
Council wants to know which roads were considered before they came to the conclusion of
Phillips Blvd. Councilman Summiel asked if we still had the 7 year cycle plan for repairing
the roads. Attorney Hart sough responded that there is no current list of roads on a
schedule for restoration. Councilman Summiel said it doesn’t make any sense and puts
Council at a disadvantage to discontinue the annual review of roads in disrepair just
because we receive grant monies. It was decided to leave it on the agenda until the
following evening when Attorney Hartsough provides more information.

3. A RESOLUTION AUTHORIZING AWARD OF A BID FOR THE

INSTALLATION OF IMPROVEMENTS TO THE ENTRANCE OF THE EWING
SENIOR & COMMUNITY CENTER TO RED OAK BUILDING GROUP, LLC.

Attorney Hartsough explained.

4. A RESOLUTION AUTHORIZING THE AWARD OF A BID TO S. BROTHERS,

INC. FOR ROAD IMPROVEMENTS TO PALMER LANE.

Attorney Hartsough explained.

5. A RESOLUTION AUTHORIZING THE SUBMISSION OF THE EWING

TOWNSHIP CONSOLIDATED ANNUAL PERFORMANCE EVALUATION
REPORT (CAPER) TO THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT FOR THE 2009-2010 ACTIVITIES UNDER THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Grant funds
$219,913).

Attorney Hartsough characterized this Resolution as a “self audit” of the Community

Development Block Program where you identify the things you have spent money on and
will spend money on. Councilman Summiel commented that he has a problem with there
being no public review. He thinks that Council should hear from the Consultant before
Council decides they are in agreement and also they can obtain the publics view.
Councilman Steinmann suggested that the public meeting be held at a Council meeting.
Council asked that someone from Ron Rukenstein & Associates office come to the Regular
Meeting and explain the resolution. Administration would reach out to them.

6. A RESOLUTION GRANTING CAPTAIN FRANK G. SABATINO PERMISSION

TO RECEIVE HIS SERVICE FIREARM (SIG SAUER MODEL P220, .45 CAL.
SEMI-AUTOMATIC PISTOL SERIAL NUMBER G385095) UPON HIS
RETIREMENT FROM THE EWING TOWNSHIP POLICE DEPARTMENT ON
SEPTEMBER 1, 2010.

Councilman Summiel explained, as he has in the past, that his decision has no reflection on
the officer. He said the police officers have done a laudable job as public servants to this
community but he personally doesn’t believe we should be granting guns. He personally
feels that Ewing should discontinue this practice. He has proposed in the past that we
disarm the weapon and put it in the form of a plaque and give it to the officer at his
retirement.

7. A RESOLUTION OF CONSENT TO THE APPOINTMENT OF FRANK V.

RAGAZZO AS BUSINESS ADMINISTRATOR FOR THE TOWNSHIP OF
EWING.

Councilman Summiel asked what the process was. Attorney Hartsough commented that he
reviewed the code and we do have a need for a Business Administrator to recognize certain
powers of supervision over employees and in discussing it with the Mayor it was a collective
decision that it would be more beneficial in terms of the operation of the township for Mr.
Ragazzo to have an interim appointment other than being a contracted employee. Relative
to the format of the resolution, because of the change in the pension laws, it was
recommended that that it be identified as to Mr. Ragazzo’s ineligibility for certain pension
enrollment because he is currently receiving PERS retirement benefits. Also, Mr. Ragazzo
lives in Hamilton and resident requirement would need to be addressed. Councilman
Summiel asked if there was any advertisement involved with replacing Mr. Thompson.
Mayor Ball responded. Councilwoman Wollert questioned whether Mayor Ball had
reached out to any past Business Administrators. He had not but commented that he had
reached out to Mr. Guhl who was not interested in the position but recommended Mr.
Ragazzo. Councilman Steinmann commented that the first person who came to his mind to
reach out to would be Fred Walters, who had been with the township for 30 years as
Business Administrator. Mayor Ball responded.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC

Joy Deboskey (30 Thurston Avenue) commented on the school district not having their
own buses. Charles Green (979 Bear Tavern Road) wanted to know if the AFS had
been filed yet. Mayor Ball responded that it has not. He also wanted to know if there is
money in the budget for Hollowbrook Programs. President Murphy commented that
there will be money in the budget for Hollowbrook. Mark Fetter (Concord Avenue)
commented that Mr. Hoyt is resigning from the Cable Advisory Committee. Robert Litz
(Hardwick Drive) asked if the Mayor knew about the disaster in San Francisco with
regard to the gas line explosion. He asked the Mayor if he knew how many gas lines are
going through Ewing Township. He hoped that the Council and the Public Safety
Director would see fit to contact Trans Continental who has a 36 inch line running right
through the township. He also asked the Mayor about layoffs and when they will be
receiving their final paychecks. Bob Dobbs (10 Beth Ann Way) wants the Ordinance
for Beth Ann Way changed back to no stopping, no standing. He claims that the
Ordinance was changed back in 2003 without contacting them. Carolyn Marrow (7
Tyson Drive) said that it has now become a safety issue. If the school board can’t take
care of it, they are counting on Ewing Township to take care of this problem. President
Murphy asked Attorney Hartsough to draft an Ordinance for the next meeting. Marisa
Hutton (102 Woodland Avenue) questioned whether the township would receive tax
rateables for the Towne Center at the College of New Jersey. Councilman Summiel
commented. Ruth Ann Gribbin (239 W. Upper Ferry Road) asked about the layoffs.

There being no further business, President Murphy called for a motion to adjourn.
Ms. Wollert so moved, seconded by Mr. Summiel. The meeting was adjourned at
9:30 pm.

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