BYRAM TOWNSHIP COUNCIL MEETING - OCTOBER 5, 2009
CALL MEETING TO ORDER
The Mayor called the meeting to order at 7:00 p.m.
OPEN PUBLIC MEETING STATEMENT
Adequate notice of this meeting has been made in accordance with the Open Public Meetings Act, NJSA 10:4-6 by forwarding the annual notice to the New Jersey Herald, the Township Journal, posting the agenda on the bulletin board located in the Council Meeting Room and the Township website and by filing same with the Township Clerk.
ROLL CALL
Councilman Olson, here; Councilwoman Raffay, here; Councilman Rafferty, here; Councilman Thompson, here; Mayor Oscovitch, here. Township Manager Joe Sabatini, Attorney Tom Collins and Municipal Clerk Doris Flynn were also present.
CLOSED SESSION
Motion by Councilman Rafferty, second by Councilman Thompson to go into closed session, all members in favor, at 7:01 p.m. and adopt the below resolution.
RESOLUTION
WHEREAS, the Open Public Meetings Act, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Byram, that the public shall be excluded from discussion of the following matters:
· Pending/Ongoing Litigation - PSE&G
· Attorney Client Privilege Communication
· Contract Negotiations
1. SECTV
2. SCUMA Flow Control
3. Dispatch Services
BE IT FURTHER RESOLVED, that Minutes will be kept on file in the Municipal Clerk’s office, and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes shall be made public.
BYRAM TOWNSHIP COUNCIL
Certification: I certify that the Byram Township Council adopted the foregoing resolution
On October 5, 2009.
Doris Flynn
Municipal Clerk
Return to Public – Motion by Councilman Olson, second by Councilman Thompson to return to public session at 7:32 p.m. and have a five-minute recess. All members were in favor. Motion carried.
CALL MEETING TO ORDER
The Mayor called the meeting to order at 7:38 p.m.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT REFLECTION
APPROVAL OF AGENDA – Motion by Councilman Olson, seconded by Councilman Rafferty, to approve the agenda as noted. All members were in favor.
REPORTS
Manager’s Report:
Byram Day:
· The Manager thanked the Byram Day Committee, the many organizations, Township Employees and other volunteers for their hard work and cooperation for a successful Byram Day.
Flue Vaccine, Pneumococcal Vaccine and Tetanus Vaccine:
· The Sussex County Department of Public Health Services has notified the Township that the Flu and Tetanus Vaccine clinic that was scheduled at the Byram Township Municipal Building has been postponed form October 20 to December 1 between 9:00 AM and Noon. Registration is still required. The Township Website will be updated and the County is contacting anyone that as registered with the new date.
Bond Anticipation Note (BAN) Sale:
· Bids were received from five banks for the bond anticipation note sale. The lowest bidder was Valley National Bank at an interest rate of 2.00%. The one-year note in the amount of $1,298,600 was awarded.
2010:
· Under tonight’s consent agenda the Mayor and Council will be taking action to pass a resolution supporting Byram Township’s participation as a 2010 Census Partner.
· One of the actions as a census partner is to create a Complete Count Committee with the purpose of increasing awareness and motivate residents to respond to the 2010 census.
· The committee usually includes a cross section of volunteers and possibly members of the governing body. The Manager highly recommends that the Council endorses the resolution and support having a committee formed to get the word out about the census.
Councilman Olson
· Thanked everyone on the Byram Day Committee, Joe Sabatini, and the DPW for all the work that went into a successful Byram Day.
· The Environmental Commission will meet on October 22nd. The EC interviewed two candidates for the open seats and will make a recommendation to the Mayor.
· On-going discussion about the trails being blazed on the Arnell property in conjunction with the grant from the New York/New Jersey Trail Conference. The paths are still being worked out. They are trying to avoid sensitive areas and are addressing several of the neighbor’s concerns.
· The Open Space Committee will meet on October 13th, which is a Tuesday due to the Columbus Day holiday.
Councilwoman Raffay
· Attended the Planning Board meeting on October 1st. There was more discussion regarding the decision whether to opt in or not to the Planning Area with regards to the Highlands. She stated that the Planning Board would like to hear from business owners in the Village Business district along Route 206.
· There will be a joint Planning Board/Township Council meeting on October 29 and members from the Highlands Council will be in attendance. Ms. Raffay suggested that we should have list of questions ready for them. The next regular meeting will be October 15th.
· Congratulated the Byram Day Committee on doing an awesome job.
Councilman Rafferty
· Thanked all the Byram Day volunteers for putting together a great Byram Day.
· He requested to have every email from Councilman Olson regarding PSE&G from the point when Scott Olson was appointed liaison to the Municipal Coalition. He does not believe he has been copied on everything. Tom Collins asked Councilman Olson to forward all emails to Councilman Rafferty from July 1st until present. Councilman Olson agreed to forward all emails.
Councilman Thompson
· Thanked everyone involved in Byram Day. A great time was had by everyone.
· Reported that the Board of Health Committee is still looking for members. He stressed the importance of this committee, as they have the power to write and pass ordinances without the approval of the Council. Mayor Oscovitch stated that he did have a conversation with John Cubberly of the Board of Health about the attendance of members and the need for additional members. Amy Stuart from the Township Journal will write a detailed article on the need for members. The next meeting is on October 27th.
Mayor Oscovitch
· Thanked the Byram Day Committee for doing a great job organizing Byram Day.
· On October 13, the Mayor will be attending a Business to Business Breakfast through the Sussex County Chamber of Commerce.
· On October 14, the Mayor will be attending a Sussex/Warren Employer Legislative Committee.
· On October 22, there is an Expo ’09 at Crystal Springs put on by the Chamber of Commerce.
· Spent a weekend with 4000 Scouts at the Patriots Path Council Jamboree which was held at the Sussex County Fairgrounds.
· Received a letter from Congressman Rodney Frelingheysun thanking us for inviting him to Byram Day and stating that if he can ever be of help, to call on him.
· Met briefly last week with the Manager and Frank Covelli to discuss potential insurance shared services with the Byram Schools. This will get further discussed in the near future.
· Three Byram businesses have recently joined the Andover/Byram Chamber of Commerce. The Chamber is trying to increase membership.
PUBLIC PARTICIPATION I – Motion by Councilman Olson, second by Councilman Thompson to open to the public. All members were in favor. Motion carried.
Donna Griff, 71 Brookwood Road, commented on the success of Byram Day. She stated that it was done on a smaller scale than the past few years but felt that gave a more “small town feel” to it. They were going to have a post Byram Day meeting to discuss the outcome and start the ball rolling for next year.
Councilman Olson made a motion, seconded by Councilman Rafferty, to close to the public. All members in favor. Motion carried.
APPROVAL OF MINUTES
· September 21, 2009 Closed Session Minutes – Motion by Councilman Olson, second by Councilman Rafferty to approve the minutes as written.
CONSIDERATION OF BILLS – October 5, 2009 – Councilman Rafferty, seconded by Councilman Thompson, made a motion to accept the bills. Councilwoman Raffay recused from Bill No. 3820.
ORDINANCE – 2nd Reading & Public Hearing
BE IT RESOLVED that Ordinance 14-2009 entitled “ORDINANCE TO REPEAL CAPITAL IMPROVEMENTS STEERING COMMITTEE” be read by title on second reading and a hearing held thereon. Motion by Councilman Olson, second by Councilman Rafferty to open the public hearing. All members were in favor. Motion carried.
Mayor Oscovitch opened to the public. No comments were made. Motion by Councilman Olson, second by Councilman Rafferty to close the public hearing. All members were in favor.
Motion by Councilman Olson, second by Councilman Rafferty to adopt Ordinance 14-2009.
BE IT RESOLVED, that said Ordinance be passed on final reading and that a Notice of Final Passage of said Ordinance be published in the official designated newspaper according to law.
Councilman Olson suggested sending a letter to the members thanking them all for volunteering and letting them know they are welcome to apply for other town committees.
CONSENT AGENDA: All items with an (*) are considered to be routine by the Members of the Township Council and will be enacted on by one motion. There will be no separate discussion of these items unless a citizen or Council member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda.
A. *Resolution No. 147–2009 Creation of a Municipal Records Management Committee
B. *Resolution No. 148–2009 Adoption of By-laws of the Lenape Municipal Alliance Coalition on Alcoholism and Drug Abuse (MACADA)
C. *Resolution No. 149-2009 Authorizing the Tax Collector to Waive the Third Quarter Interest on Block 55/Lot 37
D. *Resolution No. 150-2009 Support of Byram Township’s Participation as a 2010 Census Partner
E. *Resolution No. 151-2009 Refund of Maintenance Bond – Rehe Excavating - $10,000
F. *Resolution No. 152-2009 Authorizing Sale at Public Auction of Property not needed for Public Use
G. *Resolution No. 153-2009 Execute Change Order No. 1 – Reclamation of Kingston-Roseville Road, Phase I - $1,099.33
DISCUSSION ITEMS
a. Vacancies on Boards/Commissions – Two additional people at Byram Day expressed interest in becoming members of the committees that had vacancies. Councilman Rafferty suggested continuing past practice and having the interested residents come to the next council meeting to introduce themselves. The Clerk will contact them and ask them to attend the October 5, 2009 meeting.
Participation II – Motion by Councilman Thompson, second by Councilman Rafferty to open to the public. All members were in favor.
No comments were made.
With a motion by Councilman Olson, seconded by Councilman Thompson, Mayor Oscovitch closed to the public. All members were in favor.
CLOSED SESSION
Motion by Councilman Olson, second by Councilman Rafferty to go into closed session, all members in favor, at 8:15 p.m. and adopt the below resolution. All members were in favor.
RESOLUTION
WHEREAS, the Open Public Meetings Act, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Byram, that the public shall be excluded from discussion of the following matters:
· Pending/Ongoing Litigation - PSE&G
· Attorney Client Privilege Communication Contract Negotiations – Dispatch Services
BE IT FURTHER RESOLVED, that Minutes will be kept on file in the Municipal Clerk’s office, and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes shall be made public.
BYRAM TOWNSHIP COUNCIL
Certification: I certify that the Byram Township Council adopted the foregoing resolution
On October 5, 2009.
Doris Flynn
Municipal Clerk
Return to Public – Motion by Councilman Rafferty, second by Councilman Olson to return to public session at 9:10 p.m. All members were in favor. Motion carried.
Resolution 154-2009 - RESOLUTION AUTHORIZING THE EXECUTION OF A THREE-YEAR INTERLOCAL RADIO COMMUNICATION SERVICE AGREEMENT BETWEEN SPARTA AND BYRAM TOWNSHIP
ADJOURN
On the motion by Councilman Thompson, second by Councilman Olson, and with all members in favor, the meeting was adjourned at 9:15 p.m.
______
Doris Flynn, RMC James Oscovitch, Mayor
Township Council Meeting Minutes 3 October 5, 2009