BYRAM TOWNSHIP COUNCIL MEETING - DECEMBER 7, 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 Molica (Tom Collins came at 8:00) and Municipal Clerk Doris Flynn were also present.
CLOSED SESSION
Motion by Councilman Thompson, second by Councilmen Olson to go into closed session, all members in favor, at 7:00 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. DPW Union
2. Interlocal Agreement
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 December 7, 2009.
Doris Flynn
Municipal Clerk
Return to Public – Motion by Councilman Rafferty, second by Councilman Olson to return to public session at 7:30 p.m. All members were in favor. Motion carried.
CALL MEETING TO ORDER
The Mayor called the meeting to order at 7:32 p.m.
PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT REFLECTION
APPROVAL OF AGENDA – Councilwoman Raffay asked to remove Resolution 174-2009 from the consent agenda to allow for discussion. Councilman Thompson asked to remove Resolution No. 178-2009 from the consent agenda and voted on separately because he can not vote on the resolution. Motion by Councilman Olson, seconded by Councilwoman Raffay, to approve the agenda with the mentioned changes. All members were in favor. Motion carried.
SECTV Special Presentation
Michael Meliti and Barry Guaglardi, attorneys for SECTV, were present along with Cherie LoPresti of SECTV.
Michael Meliti stated that the purpose of the presentation was to give a brief overview of the services that SECTV provides and hear concerns from the public and the Mayor and Council. He explained that the renewal process began in 2000 with a different Governing Body, Attorney and Manager. Discussions picked up again in 2009 and a productive meeting took place with SECTV, Joe Sabatini and Tom Collins. At the request of Mr. Sabatini, they provided an amendment to the application.
· Complementary services – Providing 5 cable connections at no charge to Byram Town Hall. Byram Police Department has one connection – Byram Intermediate School has two connections. Byram Lakes is using a satellite presently, but SECTV would provide two connections if so desired. The school would have to pay nominal construction costs of approximately $1,100.00. SECTV remains willing to provide the Fire Department and Civic Center with a free connection – these buildings right now are not connected.
Mr. Meliti informed the Council and public that SECTV now offers Triple Play--phone, cable and internet bundled together. SECTV is very excited about this new service, which will be available for all customers of Byram. There will be one bill for all the services. Bundling it allows SECTV to offer it at a lower cost.
The length of the franchise renewal was discussed. The franchise date begins when the State gives approval. An amended cable franchise ordinance will be introduced in January.
The Mayor opened to the public for comments on SECTV.
Fire Chief Paul Conklin stated that he appreciated SECTV’s offer for a free cable hookup, and he will bring this up at the next Fire Department meeting.
Donna Griff, 71 Brookwood Rd, commented that she was glad to hear that SECTV would be offering the Triple Pay and asked what voice service they used. Donna also asked if SECTV has On Demand and was informed that they have just started offering it this week.
Skip Danielson, 18 Hunters Lane, asked several questions regarding emergency management issues.
The Mayor closed to public and stated that an ordinance will be introduced on January 4th regarding this. The public hearing would be on Tuesday, January 19, 2010.
REPORTS
Manager’s Report:
Route 206 – Start of Stage 1 Construction:
· Stage 1 construction for Route 206 improvements started today (December 7).
· Construction advance warning signs have been deployed.
· Stage 1 includes Utility Relocations, Widening, Grading, Paving and Structures.
· On Friday the Township participated with County and State representatives
Gypsy Moth Egg Mass Survey:
· The Township received notification from the New Jersey Department of Agriculture reporting that no major infestations were detected from their fall gypsy moth egg mass survey.
· The Department is not recommending any aerial treatment next spring.
· They reported the combination of past biological spraying with Bacillus thuringiensis, along with declines in gypsy moth population levels caused by fungal and viral diseases as well as parasites and predators, have reduced the population to near innocuous levels in the Township’s forested residential areas.
· Joseph W. Zoltowski, Chief, Bureau of Plant, Pest & Disease Control
Census:
· Letter was sent to community organizations requesting volunteers to serve on 2010 Census ‘Township Complete Count Committee”.
· The purpose of the Complete Count Committee (CCC) is to inform its residents about the importance of the Census and the need for accurate information.
· Appointments to the CCC are made by the Mayor, who also appoints a chair.
Neil Gyling Backstops and Fences:
· The Township’s engineer has advertised for bids for improvements at Neil Gyling Park for the replacement of backstops and fences. These improvements were planned and included under the 2008 bond ordinance.
· Bid opening will be on Friday, December 18 at 10:00 AM.
Township Announcements:
· The final Leaf Pick up is scheduled for this week. Leaves must be in brown bio-degradable bags.
· Letters to Santa began December 1 – contact Recreation Department.
· Santa Around Town which is sponsored by the Byram Township Fire Department is scheduled for December 19 & 20.
First Snow Fall:
· First storm with the crew (11 employees) being called out from Saturday 1:50 PM to Sunday 3:40 AM.
· Had a few breakdowns that requiring repairs and need adjustments to routes.
· The Department of Public Works did a good job and appreciate the long dedicated hours of service
· We will be down to 10 employees for the next 4-6 weeks. (Employee out due to medical condition)
Councilman Olson
· The Environmental Commission met on November 24 at 7:30 p.m. Tony Cerbo from Cerbo’s Nursery came and talked to the EC about filling the no net loss tree program. The Township is anticipated to receive $360,000 from the removal of trees on Cat Swamp Hill, although there are a number of conditions that have to be met to obtain it. Tony Cerbo suggested planting native trees on township land and holding a municipal raffle for people to get trees for their own property. Tony Cerbo also provided information on using organics on the sports fields. He is willing to come back to talk to someone in the Recreation Committee regarding this.
· Next meeting is on Wednesday, December 16th at 7:30 p.m.
· PSE&G hearings completed – BPU will be rendering a decision on January 15th.
· Will attend a Musconetcong River Management Meeting on December 15th with Michele Rehse from the EC.
Councilwoman Raffay
· The last Planning Board meeting was on December 3rd and three variances were on the agenda. Marie brought up working on the sign ordinance for discussion. The Board attorney will be researching this and circulating sample ordinances from other towns with effective sign ordinances. This will be discussed in detail at a future meeting. The next meeting is on December 17th at 8 p.m.
· The holiday party at the firehouse on Sunday was a great family event. Marie thanked the Youth Guidance Council for all their work with the assistance of the Fire Department to make it such a success.
Councilman Thompson
The Board of Health met on November 24th. Several residents came in with concerns about the septic management program. There was discussion about the term of pumping. If a septic specialist has decided that the septic does not need to be pumped, the septic company could write a letter to the Township requesting a deferment.
Mayor Oscovitch
· On December 1st attended the Route 206 Informational Meeting at the Cranberry Lake Fire House.
· On December 4th a few members from the Council attended the Route 206 ground-breaking ceremony. Talked with Debbie Hirt from the NJDOT about setting up a local phone number for this project for complaints and/or concerns.
· On December 7th attended the tree lighting ceremony at the Cranberry Lake Fire Department. It was a great time.
· Will be attending the December 9th Sussex County League of Municipalities Dinner at the Lafayette House. The guest speakers will be Tom Ryan and Michael Garafalo from Laddey, Clark, & Ryan and they will talk about Collective Bargaining Decisions and Negotiations throughout the year.
· Will be attending the Sussex County Chamber of Commerce Business to Business Breakfast on December 8th.
· Will be attending the Sussex/Warren Legislative Meeting at SCCC on December 9th where Alison McHose will be the guest speaker.
· On December 11th the Mayor will be attending the Andover/Byram Chamber of Commerce meeting at the Byram Shop Rite.
· The Giving Tree located inside the Byram Bagel & Bake still has a lot of ornaments on it. Please help the needy families of Byram by stopping by and taking an ornament and buying a gift for a youngster.
· Will be starting a Mayors Wellness Campaign in January. It is a joint effort between private and public organizations and it gets the community in motion.
PUBLIC PARTICIPATION I - Motion by Councilman Rafferty, second by Councilman Thompson to open to the public. All members were in favor. Motion carried.
Fire Chief Paul Conklin thanked Joe Sabatini and Doris Flynn for all their help over the past year.
Councilman Olson made a motion, seconded by Councilwoman Raffay, to close to public. All members were in favor. Motion carried.
MEET THE CANDIDATE – Dee Garrison has applied to become a member of the Recreation Committee. She has been involved with YGC for two years. Councilman Rafferty stated that Dee has been an intricate part of the YGC and would be a terrific asset to the Recreation Committee. Councilwoman Raffay agreed that Dee would be a great asset to the Recreation Committee and thanked her for volunteering her time.
APPOINTMENTS
Recreation Committee Appointment - Motion by Councilman Rafferty, seconded by Councilwoman Raffay to appoint Dee Garrison as the Alternate II to the Recreation Committee. All members were in favor. Motion carried.
Mayoral Appointment of Environmental Commission Members
· Move Sue Wise to a full member seat – will be co chair with Dawn Boyer
· Move Adam Rosenberg to full member seat
· David Gray and Jennifer Kreusch were appointed as the new alternate members
APPROVAL OF MINUTES
· November 23, 2009 Regular Session Minutes – Motion by Councilman Rafferty, second by Councilman Olson to approve the minutes.
· November 23, 2009 Closed Session Minutes – Motion by Councilman Rafferty, second by Councilman Thompson to approve the minutes as written.
· November 30, 2009 Special Meeting Minutes – Motion by Councilman Olson, second by Councilwoman Raffay to approve the minutes. Councilman Thompson will be abstaining because he had to leave the meeting early to attend a Fire Department meeting
CONSIDERATION OF BILLS – December 7, 2009 – Councilman Rafferty, seconded by Councilman Olson, made a motion to accept the bills as presented. Councilman Thompson recused from Bill No. 4850, Councilman Rafferty recused from Bill No. 4855, Councilwoman Raffay recused from Bill No. 3820.
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. 175-2009 – PSA-Farr Forestry Services-Forest Stewardship Work on Township Open Space Parcels
B. *Resolution No. 176-2009 - Authorizing Tax Collector to Cancel Certain Under of Over Tax Payments in the Amount of Two Dollars ($2.00) or less.
C. *Resolution No. 177-2009 – Refund of Taxes
D. *Resolution No. 179-2009 – Authorizing the Execution of the Application for Funding 2010 Lenape Municipal Alliance
.
Resolution No. 178-2009 – Authorization to Purchase Self Contained Breathing Apparatus (SCBA) and Associated Equipment for the Byram Township Fire Department
16a. Resolution No. 174–2009 – Authorizing Grant Application – Brookwood Park Phase I – Joe Sabatini gave an overview of what has transpired over the last year regarding this project.