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MINUTES OF MONTAGUE TOWNSHIP COMMITTEE MEETING
October 23, 2007

OPENING STATEMENT
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 Diana Francisco, Clerk.

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

MINUTES- Regular Session 10-09-2007, Executive Session 10-09-2007
Mr. Brace motioned to approve the minutes. Mr. Brislin seconded the motion. The motion was carried by a roll call vote. Mr. Brislin motioned to approve the executive session minutes. Mr. Lashendock seconded the motion. The motion was carried by a roll call vote.

Mr. Brace motioned to have the agenda amended to move the Housing Inspection Requirements under unfinished business up on the agenda. Mr. Brislin seconded the motion. The motion was carried with all in favor.
Housing Inspection Requirements- Mr. Donald Stambaugh, Construction and Plumbing Inspector was present and participated in the discussion. A lengthy discussion took place regarding Landlord registration and inspections. Discussion of definitions referencing Aowner occupied@ and Arental unit@ was the main scope of the discussion.

BILLS LIST Mr. Brislin motioned to approve payment of the bills. Mr. Barbagallo seconded the
motion. The motion was carried by a unanimous roll call vote.
Mr. Barbagallo motioned to read the Ordinances before the Resolutions. Mr. Brislin seconded the motion. The motion was carried with all in favor.

ORDINANCE (First reading)

ORD 2007-14 AN ORDINANCE TO ESTABLISH ATHE MUNICIPAL COURT OF FRANKFORD, LAFAYETTE, BRANCHVILLE, SANDYSTON, AND MONTAGUE
Mr. Brislin motioned for first reading. Mr. Brace seconded the motion. The motion was carried with all in favor.
Mr. Brislin motioned to amend the ordinance on first reading section 5. , and section 6. to read AFive Municipalities, and Section 10 to read appointment by the Township Committee. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.
Mr. Barbagallo motioned to have a special meeting October 30, 2007 at 4:00pm to discuss the Municipal Court. Mr. Brislin seconded the motion. The motion was carried by a unanimous roll call vote.

ORD 2007-15 SPENDING ORDINANCE FOR BEERSKILL RD
Mr. Brislin motioned to approve on first reading. Mr. Barbagallo 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, yes.

ORDINANCES- (Second reading)

ORD 2007-09 REGULATE SIZE OF ACCESSORY STRUCTURE
Mr. Brislin motioned for second reading. Mr. Barbagallo seconded the motion. The motion was carried with all in favor. Mr. Brislin motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. No public comment was made. Mr. Lashendock motioned to close to the public. Mr. Brislin seconded the motion. The motion was carried with a unanimous roll call vote.

ORD 2007-13 ORDINANCE AMENDING DOG LICENSING FEE ORDINANCE
Mr. Barbagallo motion for second reading. Mr. Brislin seconded the motion. The motion was carried with all in favor. Mr. Barbagallo motioned to open to the public. Mr. Brislin seconded the motion. The motion was carried with all in favor. No public comment was made. Mr. Lashendock motioned to close to the public. Mr. Brislin seconded the motion. The motion was carried with all in favor. The ordinance was adopted with a unanimous roll call vote.

ORD 2007-11 AMENDING SERVICE STATION ORDINANCE
Mr. Brislin motioned for second reading of Ordinance 2007-11. Mr. Barbagallo seconded the motion. The motion was carried with all in favor. Mr. Brislin motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.

No public comment was made. Mr. Brislin motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. The Ordinance was adopted on second reading by a unanimous roll call vote.

RESOLUTIONS

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

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

Mr. Brace motioned to table the above mentioned resolutions until after second reading of Ordinance 2007-14. Mr. Brislin seconded the motion. The motion was carried with all in favor.

R 2007-071 RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATIONS N.J.S.A. 40A:4-87.
Mr. Brislin motion to adopt R 2007-071. Mr. Brace seconded the motion. The motion was carried with all in favor. The motion was carried by a unanimous roll call vote

R 2007-72 RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATIONS N.J.S.A. 40A:4-87.
Mr.Barbagallo motioned to adopt R 2007-072. Mr. Brislin seconded the motion. The motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

Transoption Grant 2007-08
Mr. Barbagallo motioned to approve the grant application for In ground Bike Racks for Municipal Building and CCHP and helmets totaling $8,000.00 and a letter supporting the grant application. Mr. Brislin seconded the motion. The motion was carried with all in favor.

Fixed Asset Price Quotes
Mr. Barabagallo motioned to table price quotes. Mr. Brislin seconded the motion. The motion was carried with all in favor.

Delaware River Joint Toll Bridge Commission Grant
The Grant was discussed and approved for spending under R 2007-072 earlier in the meeting.

Benekill River
Mr. Utter updated the committee regarding his attempt to have Congressman Scott Garrett visit the site. Mr. Utter reported that Congressman Garrett agreed to visit the site.

APPLICATIONS

PTA Raffle License Application
Mr. Barbagallo motioned to approve the application. Mr. Lashendock seconded the motion. The motion was carried with all favor.

REPORTS

Board Of Health
Mr. Barbagallo motioned to accept the report . Mr. Brace seconded the motion. The motion was carried with all in favor.

CORRESPONDENCE

Request for Loan Subordination
Mr. Barbagallo motioned to approve the Loan Subordination. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

PUBLIC PARTICIPATION

Mr. Barabagallo motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.
-Mr. Cole asked who was going to pay for the Beerskill Road bridge. Mr Utter responded that the homeowner would be bearing the cost of the bridge.

Ed Ibold- Suggested the poll booths be turned toward the walls during elections.

Richard Carlson suggested the Town reconsider the Cellco request for use of town property for construction of Cell Tower. He also suggested the Committee take an unofficial vote of the Land Use Board to see which way they were leaning on the application before them and reconsider on the town level.

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

EXECUTIVE SESSION
Mr Brislin motioned to go into executive session to discuss the contract with the Montague Board Of Education
Mr. Lashendock seconded the motion. 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 matters relating to litigation and personnel,
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.

October 23, 2007
Attest:

Diana Francisco
Clerk

RESULTS OF EXECUTIVE SESSION
The Committee returned from executive session and resumed the regular meeting.
Mr. Barbagallo motioned to terminate the Interlocal Agreement with The Montague Board of Education effective as soon as final payment is received by the Montague Board of Education.
Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

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

Submitted by,
Diana Francisco