Mayor Utter called the session to order at 7:00 p.m. and indicated that adequate notice has been provided to the New Jersey Herald and The Sunday New Jersey Herald for publication in which notice was given of the date, time, place and general agenda of meetings in accordance with the Open Public Meetings Act, P. L. 1975, c. 231.

FLAG SALUTE: All present were asked to join in the Pledge of Allegiance.

ROLL CALL: Deputy Clerk Picinich was asked to call the roll.

Present were: Committeeman Barbagallo, Committeeman Brace, Committeeman Brislin, Deputy Mayor Lashendock, Mayor Utter, Attorney Hinkes, Deputy Clerk Picinich. Absent: None

Mayor Utter asked the public to join in a moment of silence for Ken Cosier, Administrator of Community Corporation of Highpoint, Inc., who passed away this week. He indicated that anyone wishing to extend their condolences may do so by contacting the CCHP office.

Mayor Utter extended congratulations to Charles Teufert for his election to the Township Committee. Committeeman Barbagallo made a motion to have Clerk Francisco prepare a packet for Mr. Teufert for the next meeting. Committeeman Brace seconded the motion, and it was carried by unanimous voice vote. Attorney Hinkes added that it would be appropriate that Mr. Teufert not sit at the dais until he is sworn in.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS:
Deputy Mayor Lashendock motioned to open to the public regarding agenda items. Committeeman Brislin seconded the motion, and it was carried by unanimous voice vote.

Reginald Cole expressed his concern regarding Beerskill Road and was told he would have a chance to speak at the second reading. Having received no further public comments, Committeeman Brislin motioned to close to the public. Deputy Mayor Lashendock seconded the motion, and it was carried with all in favor.

APPROVAL OF MINUTES:
Deputy Mayor Lashendock motioned to approve the Minutes of the Regular Session October 23, 2007. Committeeman Barbagallo seconded the motion, and the motion was carried by unanimous roll call vote. Committeeman Brislin motioned to approve the minutes of the Executive Session October 23, 2007. The motion was seconded by Deputy Mayor Lashendock, and carried with a majority roll call vote:

Committeeman Barbagallo Yes
Committeeman Brace Abstain
Committeeman Brislin Yes
Deputy Mayor Lashendock Yes
Mayor Utter Yes

Committeeman Barbagallo motioned to approve the minutes of the Special Meeting October 30, 2007. Deputy Mayor Lashendock seconded the motion, and the motion was carried by a unanimous roll call vote. Committeeman Brislin motioned to table the corrected Minutes of October 9, 2007. Committeeman Brace seconded the motion, and it was carried by a unanimous roll call vote.

COMMITTEE REPORTS:

Administration:
Mayor Utter reported on a joint League of Municipalities meeting he and Deputy Mayor Lashendock attended relating to a transportation study to be conducted in Sussex and Warren Counties. Also a conference sponsored by Tri State Riverside regarding Delaware River flooding issues and the release of water controlled by the City of New York. The goal of Tri State is to unite the neighboring municipalities involved to try to get NYC to release its hold on the management of this waterway. Committeeman Barbagallo made a motion look into this further as an agenda item. Committeeman Brislin seconded the motion, and it was carried with all in favor.

Mayor Utter also requested permission from the committee to contact the landowners personally, as requested by Scott Garrett's office, to encourage them to allow a governmental agency to handle the cleanup. The motion was so moved by Committeeman Barbagallo, seconded by Committeeman Brislin and carried by unanimous voice vote.

Finance:
Committeeman Brislin reported that copies of the 2004 audit report had been delivered earlier in the day, and although he had not had the chance to review the same, was informed that there was no misappropriation of funds, that the adjustment was attributable to over-expenditures. Committeeman Brislin motioned to add this matter to the agenda. The motion was seconded by Deputy Mayor Lashendock and carried by a unanimous voice vote.

Health and Welfare: No Report
Public Works: No Report
Public Safety: No Report

Recreation:
Ken O'Connor reported the Rec is at 54% of expenditures, having spent $5922.00 of the $11,000 budget. He expressed concern that they do not want to be financially punished for prudent spending when the 2008 budget is being considered. He also apprised the committee of upcoming recreation events.

Grants Administration: No Report

APPROVAL OF VOUCHERS:
Total of $492,145.21 in bills
Committeeman Brace commented that bill #861 for oil burner maintenance was supposed to be renegotiated. Committeeman Brace motioned to approve the payment of bills with the exception of item #861. Committeeman Brislin seconded, and the motion was carried by a unanimous roll call vote. Committeeman Brace made a motion to approve payment of item #861 subject to review. Committeeman Brislin seconded the motion, and it was carried by a unanimous roll call vote.

ORDINANCES:

ORD 2007-14
AN ORDINANCE TO ESTABLISH A MUNICIPAL COURT KNOWN AS ATHE MUNICIPAL COURT OF FRANKFORD, LAFAYETTE, BRANCHVILLE, SANDYSTON AND MONTAGUE.

Deputy Clerk Picinich read the Ordinance in full. Committeeman Brislin motioned to approve the Ordinance. Committeeman Brace seconded the motion. Committeeman Barbagallo motioned to open to the public. Committeeman Brace seconded the motion, and it was carried by a unanimous voice vote.

Bob DeGroat asked Attorney Hinkes if there is a conflict of interest present for the mayor because of his sister's employment by Frankford Township. Attorney Hinkes replied Anone at all.@ There being no further comments from the public, Committeeman Barbagallo motioned to close to the public. Committeeman Brislin seconded the motion, and it was carried by a unanimous roll call vote.

Mayor Utter reported that according to Suzanne Oakley, Court Administrator, the income for the Township for the month of October was $1800.00, and that if we had been a member of the joint court it would have been $2600.00. Motion for approval of the Ordinance moved and seconded, it was carried by a majority roll call vote:

Committeeman Barbagallo: Abstain
Committeeman Brace: Yes
Committeeman Brislin: Yes
Deputy Mayor Lashendock: Yes
Mayor Utter: Yes

ORD 2007-15
AN ORDINANCE AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF CAPITAL IMPROVEMENT FUNDS FOR THE REPAIR AND RESURFACING OF BEERSKILL ROAD.

Deputy Clerk Picinich read the Ordinance in full. Deputy Mayor Lashendock moved to approve the Ordinance. Committeeman Brislin seconded the motion. Committeeman Barbagallo motioned to open to the public. Committeeman Brislin seconded the motion, and it was carried by a unanimous voice vote.

Reginald Cole expressed his concern that the taxpayers may have to foot the bill for the bridge located on Beerskill Road. Mayor Utter indicated that the cost would be borne by the property owners. Attorney Hinkes added that if the property owners renege on their promise, the Township's recourse would be to impose a special property assessment. There being no further comments from the public, and the motion to approve the Ordinance having been moved and seconded, the motion was carried by a unanimous roll call vote.

RESOLUTIONS:

R 2007-069
RESOLUTION OF THE TOWNSHIP OF MONTAGUE RECOMMENDING JAMES G. DEVINE, ESQ. BE APPOINTED AS JUDGE OF THE MUNICIPAL COURT OF FRANKFORD, LAFAYETTE, BRANCHVILLE, SANDYSTON AND MONTAGUE

Committeeman Brislin made a motion to approve the Resolution. Committeeman Brace seconded the motion, and it was carried by a unanimous roll call vote.

R 2007-070
RESOLUTION OF THE TOWNSHIP OF MONTAGUE APPOINTING PETER J. LAEMERS, ESQ. AS PROSECUTOR OF THE MUNICIPAL COURT OF FRANKFORD, LAFAYETTE, BRANCHVILLE, SANDYSTON AND MONTAGUE.

Committeeman Barbagallo made a motion to approve the Resolution. Committeeman Brace seconded the motion, and it was carried by a unanimous roll call vote.

Committeeman Brislin made a motion to approve a Resolution authorizing the mayor to sign the inter local services agreement that has been placed before the Township Committee relating to the creation of this joint municipal court and our participation in it. Committeeman Barbagallo seconded the motion, and it was carried by a unanimous roll call vote.

Attorney Hinkes also suggested the Committee take Committeeman Barbagallo's advice that we send a cover letter with the signed agreement, indicating that it is our understanding the price per element in the inter local service agreement will be X, Y or Z dollars (calculations made at the last meeting).

R 2007-073
TRANSFER RESOLUTION

The purpose of this Resolution is to transfer the sum of $4,800 from Garbage & Trash Removal to Dog Regulation o/e, and to transfer the sum of $2,600 from Garbage & Trash Removal to Electricity. Committeeman Barbagallo made a motion to approve the Resolution. Committeeman Brace seconded the motion, and it was carried by a unanimous roll call vote.

R 2007-074
RESOLUTION APPOINTING A MUNICIPAL HOUSING LIAISON

After a lengthy discussion among the Committee and Attorney Hinkes, Committeeman Barbagallo motioned to table this Resolution. Committeeman Brace seconded the motion, and it was carried with all in favor.

R 2007-075
RESOLUTION AUTHORIZING THE SOLICITATION OF BIDS FOR THE PURCHASE OF A NEW TRACTOR/MOWER

Committeeman Barbagallo motioned to table this Resolution until the next meeting pending clarification on the budgeting. Committeeman Brislin seconded the motion, and it was carried with all in favor.

NEW BUSINESS:

Animal Control Services - Shared Services Agreement
Committeeman Brislin motioned to approve the agreement. Deputy Mayor Lashendock seconded the motion, and it was carried by a unanimous roll call vote.

UNFINISHED BUSINESS:

Residence Restrictions for Known Sex Offenders:
Committeeman Brislin made a motion authorizing Attorney Hinkes to draft an Ordinance establishing residency restrictions for known dangerous sex offenders based upon that which was adopted October 10, 2007 by the Town of Newton. Committeeman Barbagallo seconded the motion, and the motion was carried with all in favor. Committeeman Brislin provided the committee, Attorney Hinkes and Deputy Clerk Picinich with copies of a communication on this subject from David Wallace, Esq.

Joint Services Agreement Correspondence:
Mayor Utter read a letter from Louanne Cular, Clerk/Administrator of Frankford Township, indicating that the Frankford Township Committee voted unanimously at their meeting on October 16, 2007 not to renew the joint services agreement after it expires December 31, 2007. Mayor Utter added that Frankford Township was very upset by the comments made in The Montague Buzz relating to Frankford Township, and that they would accept nothing less than an apology from those people.

Authorization for Township Planner to Proceed with Plan Endorsement Project:
Mayor Utter read a letter from Clerk Francisco to Fred Suljic, township Planner, regarding Town Center Zoning. Committeeman Barbagallo motioned to table to next meeting pending discussion with Fred Suljic. Committeeman Brislin seconded the motion, and it was carried by unanimous voice vote.

REPORTS:

October Tax Report:
Total taxes collected: $1,048,394.36, YTD: $6,902,352.93
Committeeman Barbagallo motioned to approve the report, Committeeman Barbagallo seconded the motion, and it was carried with all in favor.

CORRESPONDENCE:

Tri State Chamber of Commerce - 36th Annual Rick Drew Holiday Parade:
Committeeman Brislin supplied some information on this event.

Knoll View - Senior Housing:
Letter from Linda Pinto to be shared with Land Use Board.

Mayor Utter suggested a year-end letter be sent incorporating the last two years and what the committee has done, with assistance from the Recreation Committee in putting it together. Committeeman Brislin informed Mayor Utter that this has been done before by previous mayors. Committeeman Brislin made a motion to authorize Mayor Utter to send a letter acknowledging the accomplishments of the Township Committee. Committeeman Brace seconded the motion, and it was carried with all in favor.

Elaine Kennedy, RMC - Town of Eagleswood:
Mayor Utter congratulated Deputy Clerk Picinich for completing her course on Information and Records Management, and passing the exam with a score of 100%.

PUBLIC PARTICIPATION:

Committeeman Barbagallo motioned to open to the public. Committeeman Brace seconded the motion, and it was carried with all in favor.

Mark Krebs questioned the Committee on the idea of public participation at the beginning of the meeting, and that people should be permitted to discuss any item on the agenda, not just whether something should be added to or deleted from it.

David Wallace, Esq. spoke at length regarding issues of concern to the Community Corporation of Highpoint, Inc. regarding the residency restrictions for sex offenders. He presented a brief in favor of the Ordinance by the Township of Galloway and the American Center for Law and Justice.

George Geldren, 402 Deerfield Lane, made an emotional request to the Committee for help with the residency restrictions for sex offenders. He thanked Committeeman Barbagallo, Committeeman Brislin and the rest of the Committee for their efforts in this matter.

Bob DeGroat, Chubby Lane, read a speech expressing his beliefs about actions of previous committees regarding the school budget and praising the Committee for limited tax increases since the year 2000.

Ken O'Connor expressed his beliefs on what occurred during negotiations for the 2005/2006 budget. Committeeman Barbagallo opposed his viewpoints and a heated discussion ensued.

Reginald Cole commented on a road department employee receiving, in his opinion, an excessive salary increase.

John Donovan, Fox Hollow Road, expressed his concern that the Committee work towards an Ordinance for residency restriction for sex offenders due to the availability of housing in Montague..

Committeeman Lashendock made a motion to close to the public. Committeeman Brislin seconded the motion, and it was carried by unanimous voice vote.

Committeeman Barbagallo made a motion to go into Executive Session for the purpose of discussing personnel. Committeeman Brislin seconded the motion, and the motion was carried with all in favor.

WHEREAS, the Township of Montague, County of Sussex, State of New Jersey, finds it necessary to discuss a matter relating to personnel; and

WHEREAS, the Township Committee of the Township of Montague believes it to be in the best interest of the public to discuss only that matter 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 the matter mentioned above, with no action to be taken.

November 13, 2007

Attest:

Desrie W. Picinich
Deputy Municipal Clerk

The Township Committee returned and Committeeman Barbagallo made a motion to close Executive Session. Deputy Mayor Lashendock seconded the motion. The motion was carried with all in favor.

Committeeman Barbagallo motioned to adjourn the meeting. Deputy Mayor Lashendock seconded the motion. The motion was carried by unanimous voice vote and the meeting adjourned at 9:20 p.m.

Respectfully Submitted,

Desrie W. Picinich
Deputy Municipal Clerk

November 15, 2007