JANUARY 26, 2010 - REGULAR MEETING

Council President Murphy called the meeting to order at 7:33 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, Municipal Clerk
ƒ Mr. Summiel – Present
ƒ President Murphy- Present

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR

ITEMS ON THE AGENDA

DISCUSSION

An Ordinance to Amend Sewer Rates and Charges – Tax Collector Tom Hespe and
Finance Officer Chris Jack discussed the proposed increase in the sewer rate. Mr.
Hespe indicated that the $.25 increase amounted to 10% a year and would cost the
average homeowner about $25 per year. The charge for well usage would go about
5%.

He further indicated that there had been a decline in water usage from 2008 to
2009. He also stated that he could not ascertain what the 2010 deficit would be.

In response to questions from Council he indicated that usage at the College of New
Jersey had decreased a significant amount and that this was being reviewed by the
Sewerage Authority. After discussion and further questioning of Mr. Hespe and Mr.
Jack, Council decided to table the ordinance.

CONSENT AGENDA

The Clerk read the Consent Agenda: (Resolution #10R-34/)

1. Authorization for the Chief Financial Officer to pay Township bills in the
amount of $658,601.44.

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

Construction Official, in the amount of $125.00 for a certificate of occupancy
to Howard Stewart, 116 Colony Club Drive, Sayreville, NJ 08872 for 225
Masterson Court, Ewing, NJ 08638 for a fee that was inadvertently paid as
there was no change in tenancy.

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

Construction Official, in the amount of $250.00 for a certificate of occupancy
to Earl Roach, 4 Kyle Road, Somerset, New Jersey 08873 for 756 Parkway
Avenue, Ewing, New Jersey 08638 for a fee that was inadvertently paid as
there was no change in tenancy.

4. A Resolution authorizing the conduct of a Casino Night sponsored by the

Rotary Club of Trenton on May 21st, 2010 at the West Trenton Ballroom, 40
W. Upper Ferry Road, West Trenton, NJ 08628 starting at 6:00 pm and
ending at 11:00 pm.
 5. A Resolution authorizing the conduct of an off premise 50/50 cash raffle
sponsored by The Bridge Academy on April 17th, 2010 at the Trenton
Country Club, 201 Sullivan Way, Ewing, NJ 08628 starting at 9:00 pm.

6. A Resolution authorizing the conduct of an on premise 50/50 cash raffle

sponsored by The Bridge Academy on April 17th, 2010 at the Trenton
Country Club, 201 Sullivan Way, Ewing, NJ 08628 starting at 8:00 pm.

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

the amount of $1,371.06 for November 1, 2009 added tax bill to Nyzio, Joseph
E., 341 Crescent Drive, Bordentown, NJ 08505 for property owner Nyzio,
Joseph E., for Block: 225.02 Lot: 56 Qual: Added, also known as 346
Masterson Court, due to 100% disabled Veteran status.

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

Collector in the amount of $141.50 for October 1st, 2009 sewer bill, for
property owner Fitzgerald, William, for Block: 136: Lot: 251, also known as
106 Keswick Avenue due to building being condemned.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

ORDINANCE(S) FOR FIRST READING AND INTRODUCTION

1. The Clerk read (Ordinance #10-02) AN ORDINANCE AMENDING THE

REVISED GENERAL ORDINANCES CHAPTER 215, LAND
DEVELOPMENT, OF THE TOWNSHIP OF EWING TO AMEND
REGULATIONS WITHIN THE IP-1 ZONE. (2010)

Attorney Hartsough explained that the Ordinance changed some verbiage to clarify
the intent.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

2. The Clerk read AN ORDINANCE AMENDING THE REVISED GENERAL

ORDINANCES OF THE TOWNSHIP OF EWING TO AMEND SEWER
RATES AND CHARGES. (2010)

Mr. Steinmann moved to table the Ordinance, seconded by Mr. Cox. By voice vote,
the Ordinance was unanimously tabled.

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

ADOPTION

1. The Clerk read (Ordinance #10-01) AN ORDINANCE AMENDING THE

REVISED ORDINANCES OF THE TOWNSHIP OF EWING
ESTABLISHING CONTRACTOR RESPONSIBILITY REQUIREMENTS
FOR TOWNSHIP CONSTRUCTION PROJECTS THAT EXCEED
$150,000. (2010)

ORDINANCE NO. 10-01

 WHEREAS, The Township of Ewing recognizes that there is a need to ensure
that all work on significant public construction and maintenance contracts is performed
by responsible, qualified firms that maintain the capacity, expertise, personnel, and other
qualifications and resources necessary to successfully perform public contracts in a
timely, reliable and cost-effective manner; and

WHEREAS, in order to effectuate the purpose of selecting responsible

contractors for significant public contracts and to protect the Township of Ewing’s
investments in such contracts, prospective contractors and subcontractors should be
required to meet pre-established, clearly defined, minimum standards relating to
contractor responsibility, including requirements and criteria concerning technical
qualifications, competency, expertise, adequacy of resources, including past project
performance, safety, law compliance and business integrity; and,

WHEREAS, due to the critical impact that skilled construction craft labor has on
public works projects it is in the best interest of the Township to require contracts and
subcontractors to participate in established, formal apprenticeship training programs as a
condition of bidding for the purpose of both promoting successful project delivery and
ensuring future workforce development; and,

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township

of Ewing that the following NEW Chapter 140, Construction Contract Requirements,
of the Revised General Municipal Ordinances of the Township of Ewing is hereby
adopted as follow:

Section 1. Chapter 140, Construction Contract Requirements of the Code of the

Township of Ewing is hereby adopted as follows:

CHAPTER 140 CONSTRUCTION CONTRACT REQUIREMENTS

Section 140-1 Contractor Responsibility Policy

It is in the public interest that contractors and subcontractors participate in

established, formal apprenticeship training programs as a condition of bidding for the
purpose of both promoting successful project delivery and ensuring future workforce
development.

Section 140-2 Applicability

All contractors and subcontractors of construction and maintenance contracts

valued at over $150,000 on any public works facility or public works project, including
construction, alteration, renovation and repair, shall meet the requirements of this
Ordinance.

Section 140-2 Mandatory Bid Certification

As a condition of being awarded a bid for work on a public works contract in

excess of $150,000, the prospective bidder shall submit a Contractor Responsibility
Certification at the time it submits its bid certifying that:

A. The bidder and its subcontractors have all valid, effective licenses, registrations or
certificates required by federal, state, county or local law, including, but not limited to,
licenses, registrations or certificates required (1) to do business in the State of New
Jersey; and (2) perform the contract work it seeks to perform. These shall include, but
not be limited to, licenses, registrations or certificates for any type of trade work or
specialty work which the firm proposes to self-perform.

B. The bidder and its subcontractors have not been debarred by any federal, state or
local government agency or authority in the past three years.

C. The bidder and its subcontractors have not had any type of business, contracting
or trade license, registration, or other certification suspended or revoked in the past three
years.
D. The bidder and its subcontractors have not been cited for a willful violation of
federal or state safety laws in the past three years.

E. The bidder and its subcontractors, including any owners thereof, have not been
convicted of any crime relating to the contracting business.

F. The bidder and its subcontractors have not within the past three years been found
in violation of any law applicable to its contracting business, including, but not limited to,
licensing laws, tax laws, prompt payment laws, wage and hour laws, prevailing wage
laws, environmental laws or others, where the result of such violation was the payment of
a fine, back pay damages or any other type of penalty in the amount of $10,000 or more.

G. The bidder and its subcontractors participate in a Class A Apprenticeship Program

for each separate trade or classification in which it employs craft employees and shall
continue to participate in such program or programs for the duration of the project. For
purposes of this section, a Class A Apprenticeship Program is an apprenticeship program
that is currently registered with and approved by the U.S. Department of Labor or a state
apprenticeship agency and has graduated apprentices to journeyperson status for at least
three of the past five years.

Section 2. If any provision of this Ordinance shall be held to be invalid or unenforceable

by a court of competent jurisdiction, any such holding shall not invalidate any other
provisions of this Ordinance and all remaining provisions shall remain in full force and
effect.

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 contractor responsibility requirements for public construction
contractors that exceed $150,000.

The public hearing was opened. Ron Prykanowski (16 Thurston Ave) and
Robert Dorio (4 Birch Run Ct) both made comments and asked about the
ordinance; Attorney Hartsough and Mr. Steinmann responded. The public
hearing was then closed.

Mr. Steinmann moved the Ordinance, seconded by Ms. Wollert.

ROLL CALL Mr. Cox NO

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel NO
President Murphy YES

H. OLD BUSINESS

1. Nonresident Use of Ewing Fields - 1/12/10 – Mr. Forst – Mayor Ball reported
that a meeting had been set up with himself, Mr. Volz and Mr. Forst.
2. Background Checks – 1/12/10, 1/24/10 – Mr. Thompson – Since Mr.
Thompson was absent final resolution of improving the turnaround time on
the checks had to be delayed.
3. Final Report from Mr. Joseph Monzo (Councilman Steinmann) – 1/12/10 –
Mr. Thompson/Mr. Jack – Mr. Jack indicated that Mr. Monzo would have
the report ready and could appear at the next Council meeting. President
Murphy asked if the report could be emailed to Council prior to the meeting
so that it could be reviewed. Mr. Jack agreed.
4. Ordinance for Fire Advisory Council – 1/24/10 – Mr. Hartsough - Attorney
Hartsough indicated that he would have it ready for the next Council
meeting.
NEW BUSINESS

1. The Clerk read (Resolution #10R-35) A RESOLUTION AUTHORIZING

EXECUTION OF A RECYCLING TONNAGE GRANT APPLICATION.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

2. The Clerk read (Resolution #10R-36) A RESOLUTION AUTHORIZING THE

APPROVAL FOR ISSUANCE OF A NEW 2009-2010 EWING MUNICIPAL
LIQUOR LICENSE TO PETROS & SONS, INC.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

3. The Clerk read (Resolution #10R-37) A RESOLUTION AUTHORIZING THE

AWARD OF A CONTRACT FOR EXTRAORDINARY UNSPECIFIED
SERVICES FOR ENERGY PURCHASING SERVICES TO GOLDSTAR
ENERGY GROUP, INC.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

4. The Clerk read (Resolution #10R-38) A RESOLUTION CONSENTING TO

THE APPOINTMENT OF RUSSELL WOJTENKO, JR., ESQ. AS THE
MUNICIPAL PROSECUTOR AND AUTHORIZING THE AWARD OF A NON-
FAIR AND OPEN CONTRACT FOR LEGAL SERVICES.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

5. The Clerk read (Resolution #10R-39) A RESOLUTION OF EMERGENCY

TEMPORARY APPROPRIATION.

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

ROLL CALL Mr. Cox YES

Mr. Steinmann YES
Mr. Wollert YES
Mr. Summiel YES
President Murphy YES

COUNCIL REPORTS
Mr. Cox noted that he had attended the Senior Citizens’ Advisory Council’s annual
luncheon and installation, as well as the recent gubernatorial inauguration. Ms.
Wollert stated that she had attended a Board of Education meeting. The Board had
thanked the Council for approving the shared services agreement and pledged to
look for additional ways to promote cooperation.

Mr. Steinmann had no Planning Board report and Mr. Summiel indicated that the
TACT Committee would meet at the College on February 2 at 5:00 pm.

STATEMENTS AND COMMENTS FROM MEMBERS OF THE PUBLIC FOR

ITEMS NOT ON THE AGENDA

Mildred Russell present Council with a list of comments regarding the Township
and would be looking for a response and for solutions.

Charles Green (979 Bear Tavern Rd) and Kate Tuttle (8 Locke Ct) stated that he
supported the volunteer fire companies and their efforts to get full funding from the
Township. Jim McManimon added that he and the previous Mayor had an active
Fire Advisory Council in operation prior to 2007. Chief Ralph Brandmaier of West
Trenton noted that the three fire companies had had an agreement with the
Township committee to an annual level of support as well as a schedule for
replacing equipment.

Trish DeCello (10 Chelmsford) commented on the sewer rates. Dick Mogee
(Ewington Ave) commented on leave and brush pickups, as did Mildred Russell and
Mark Fetter.

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