Mayor Utter called the meeting to order and stated that the meeting was being held in compliance with the Open Public Meetings Act P.L. 1975 C. 231 and has been duly advertised.

FLAG SALUTE- All present were asked to salute the flag

ROLL CALL Those present were Mr. Brislin, Mr. Lashendock, Mr. Barbagallo, Mr. Brace, Mr. Utter, Attorney Hinkes and Clerk Francisco.

Mr. Brislin motioned to go into executive session to discuss personnel matters and matters in litigation. Mr. Lashendock seconded the motion.
WHEREAS, the Township of Montague, County of Sussex, State of New Jersey, finds it necessary to discuss matters relating to personnel and litigation and,
WHEREAS, the Township committee of the Township of Montague believes it to be in the best interest of the public to discuss only those matters in closed session.
NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montague, County of Sussex, State of New Jersey, that it shall enter into closed session to discuss only matters mentioned above, the result of which may be made public immediately thereafter or at a later date.

August 28, 2007
Diana Francisco
Clerk

The committee returned from executive session and resumed the regular meeting.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS-
Mr. Lashendock motioned to open to the public for agenda items only. Mr. Brace seconded the motion. The motion was carried with all in favor.

Mr. Cole asked about Ordinances 2007-09, 10, 11. Mr. Krebs inquired about the agenda item Cellco Partnership. Mr. Ibold commented on Beerskill resolution and the retaining wall.

Mr. Lashendock motioned to close to the public. Mr. Brislin seconded the motion. The motion was carried with all in favor.

MINUTES- Regular Session 08-14-2007, Executive Session 08-14-2007
Mr. Barbagallo motioned to approve the minutes of the Regular Session of August 14, 2007. Mr. Brislin seconded the motion. The motion was carried with all in favor. Mr. Barbagallo motioned to approve the Executive Session minutes of August 14, 2007. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

RESOLUTIONS
R 2007- 61 AUTHORIZATION FOR EXPENDITURE FOR ENGINEERING COSTS FOR REPAIR OF BEERSKILL RD
(Retaining Wall Footings)
Mr. Brislin motioned to approve expenditure. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

R 2007-62 NJ DOT MUNICIPAL AID APPLICATION FOR OVERLOOK RD RESURFACING
R 2007-63 NJ DOT MUNICIPAL AID APPLICATION FOR WEIDER RD RESURFACING
Mr. Barbagallo motioned to adopt Resolutions R 2007-62 and R 2007-63 referenced above. Mr. Lashendock seconded the motion. The motion was carried by unanimous roll call vote.

ORDINANCES- First Reading

Ord 2007-09
AN ORDINANCE TO AMEND CHAPTER 76 OF THE CODE OF THE TOWNSHIP OF MONTAGUE, COUNTY OF SUSSEX, STATE OF NEW JERSEY, ENTITLED ?ZONING? FOR THE PURPOSE OF AMENDING
AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES TO REGULATE THE SIZE OF ACCESSORY STRUCTURES
Mr. Brace motioned to adopt Ordinance 2007-09, on first reading. Mr. Brislin seconded the motion. The motion was carried by unanimous roll call vote.

Ord 2007-10
AN ORDINANCE TO AMEND CHAPTER 76 OF THE CODE OF THE TOWNSHIP OF MONTAGUE, ENTITLED ?ZONING?, FOR THE PURPOSE OF AMENDING AND SUPPLEMENTING THE REVISED GENERAL
ORDINANCES TO PROVIDE STANDARDS FOR THE CONSTRUCTION AND INSTALLATION OF FENCES
Mr. Barbagallo motioned to adopt Ord. 2007-10 on first reading. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

Ord 2007-11
AN ORDINANCE TO AMEND CHAPTER 76 OF THE CODE OF THE TOWNSHIP OF MONTAGUE, COUNTY OF SUSSEX, STATE OF NEW JERSEY, ENTITLED ? ZONING? FOR THE PURPOSE OF AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES TO REGULATE THE OPERATION OF A MOTOR VEHICLE, TRAILER, BOAT OR FARM EQUIPMENT SALES AND SERVICES, GASOLINE SERVICE STATIONS AND REPAIR GARAGES.
Mr. Barbagallo motioned to adopt Ord 2007-11 on first reading. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

ORDINANCES 2007-09, 2007-10, 2007-11 were referred back to the Land Use Board for comment.

ORDINANCES- second reading

Ord 2007-08
AN ORDINANCE TO AMEND THE ADMINISTRATIVE CODE SECT 2-20
Mr. Brislin motioned to open discussion to the public. Mr. Lashendock seconded the motion. The motion was carried with all in favor. Mr. Avenetti stated he was very much in favor of the 7:00 meetings. Mr. Teufert suggested the committee make available any ordinances or resolutions being considered to be posted for the public. Mr. Lashendock motioned to close to public. Mr. Brislin seconded the motion. The motion was carried with all in favor. Mr. Brislin motioned to adopt the above referenced ordinance. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

NEW BUSINESS

Project Self Sufficiency-
Request to use facilities at the Municipal Building during normal business hours. Mr. Lashendock motioned to table discussion. Mr. Brislin seconded the motion. The motion was carried with all in favor.

Open Space-Resolution-
Mr. Eric Olsen from Nature Conservancy, requested that the Township Committee adopt a resolution supporting their work on Montague Township Project which involves the purchase of 75 acres on Clove rd. Block 4 Lot 14.01. Mr. Barbagallo motioned to
table resolution until next meeting. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

UNFINISHED BUSINESS

Census-
Mr. Brislin motioned to participate in the 2010 Census and provide the staff to review the Census Address list provided by LUCA. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Cellco Partnership-
Letter from Cellco Partnership regarding use of municipal property at 2 Weider Rd. for a cell tower. Mr. Barbagallo motioned to respond to Cellco Partnership that they can consider looking at the site and to have the request posted on the Lobby Bulletin Board. There was no second. Mr. Barbagallo motioned to table discussion until next meeting and to have the request posted on the Municipal Bulletin Board. Mr. Brislin seconded the motion. The motion was carried with the majority in favor. Mr. Brace abstained.

CORRESPONDENCE
Letter from Richard Clark, attorney regarding New Myrtle Drive Correspondence from the Board of Chosen Freeholders regarding appointment of Joe Lashendock.

FROM THE EXECUTIVE SESSION-
New Myrtle Drive- Mr. Brislin motioned to have Attorney Hinkes meet with Attorney Richard Clark to discuss the position of some of the residents of New Myrtle Drive that the township had accepted the unimproved road as a township road and therefore the responsibility of the township to maintain. Mr. Brace seconded the motion. The motion was carried by a roll call vote. Mr. Brislin, yes; Mr. Lashendock, yes; Mr. Barbagallo, abstain, Mr. Brace, yes; Mr. Utter, abstain.

PUBLIC PARTICIPATION
Mr. Barbagallo motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. The following residents spoke.

Mr. M. Krebs suggested that the Zoning Officer and Building Inspector visit the potential Open Space Site discussed earlier in the meeting to determine how much can be used for commercial building before making a determination.

Meg Wulf had a list of questions she handed to Clerk for the Township Committee for any responses that they may have.

Mr. Cole commented on Agriculture fences being exempt form Fence Ordinance. He also commented on putting dye in the Beerkskill stream to determine where the water is going.

Alicia Batko commented on the township's display at the State Fair. She also commented on M.A.R.C.H event and the Brick House Village. Regarding the Open Space proposal, she thought a recreation area would be a good idea.

Mr. Barbagallo motioned to close public participation. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

ADJOURN
Mr. Barbagallo motioned to adjourn meeting. Mr. Brislin seconded the motion. The motion was carried with all in favor.

Submitted by,
Diana Francisco, Clerk