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. Barbagallo seconded the motion. The motion was carried with all in favor. Attorney Gary Kramer for 431 Rt. 206 LLC requested he and client Eric Hamill be added to the agenda regarding a liquor license.
Mr. Brislin motioned to close to the public. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

MINUTES- Regular Session 09-11-2007, Executive Session 09-11-2007
Mr. Barbagallo motioned to approve the minutes. Mr. Brislin seconded the motion. The motion was carried with all in favor.

RESOLUTIONS

R 2007-66
PROPOSAL FOR RESALE OF TAX SALE CERTIFICATES BY ASSIGNMENT
Mr. Barbagallo motioned to adopt the above resolution. Mr. Brislin seconded the motion. The motion was carried by a unanimous roll call vote.

R 2007-67
OPPOSITION TO VVPAT MANDATE BY THE NEW JERSEY ATTORNEY GENERAL
Mr. Barbagallo motioned to adopt R 2007-67. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

ORDINANCE (First Reading)
Ord 2007-12 DEVELOPMENT FEE ORDINANCE
Mr. Barbagallo motioned to adopt the above referenced ordinance on first reading. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

Housing Inspection Requirements- Mr. Barbagallo motioned to table discussion. Mr. Brace seconded the motion. The motion was carried with all in favor.

Cellco Partnership- Mr. Barbagallo motioned to open for discussion. Mr. Brislin seconded the motion. The motion was carried with all in favor. After a brief discussion among the Committee members, Mr. Brislin motioned to open discussion to the public. Mr. Barbagallo seconded the motion. The motion was carried with all in favor. Several members of the audience spoke, some members were in favor of proposing the DPW site, others were not.

Mr. Barbagallo motioned to respond favorably to the Cellco attorney for the possibility of DPW property and the Municipal Building site. Mr. Barbagallo then amended his motion The township would be amiable to determining whether a site at the DPW yard is available that meets all the land use requirement. He then stayed with his original motion. Mr. Brislin seconded the motion. The motion was not carried by a majority vote. Mr. Brislin, no, Mr. Lashendock, no, Mr. Barbagallo, yes, Mr. Brace, abstain, Mr. Utter, no.

Mr. Brislin motioned to adopt a draft letter proposed by Dr. D=Ascoli subject to enhancement by the Township=s Attorney. Mr. Lashendock seconded the motion. The motion was carried by a majority roll call vote. Mr. Brislin, yes, Mr. Lashendock, yes, Mr. Barbagallo, no, Mr. Brace, abstain, Mr. Utter, yes.

Speed Study Survey - Mr. Brace motioned to table discussion, Mr. Brislin seconded the motion. The motion was carried with all in favor.

Fixed Asset Quote - Mr. Brislin motioned to table discussion. Mr. Brace seconded the motion. The motion was carried with all in favor.

Benekill Debris- Mr. Hinkes suggested the ice channel is a regional problem, not just a township problem. He also suggested getting the Delaware River Basin Commission=s support. Mr. Brislin motioned to table further discussion. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Recycling - Mr. Brislin motioned to table discussion. Mr. Brace seconded the motion. The motion was carried with all in favor.

New Myrtle Drive - Mr. Hinkes stated that there is nothing new to report and he has not received information from Mr. Clark. Mr. Brislin motioned to table discussion. Mr. Brace seconded the motion. The motion was carried with all in favor.

Mr. Brislin motioned to amend the agenda to include Beerskill Road. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Mr. Michael O'Krepky, Township Engineer, was present and discussed with the Committee the failing wall on Beerskill Road. Mr. O'Krepky reported that the Bridge will need to be removed to make the necessary repairs to road. Mr. O=Krepky also stated in order to get funding from the state, the Committee should increase the size and scope of the project to include paving of the entire road within the township. Mr. Brislin motioned to have the Engineer proceed with the pursuit of funding from the state and prepare an estimate of the breakdown of the costs. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

NEW BUSINESS

431 Rt 206 LLC- requested the Township Committee support the late filing of the renewal application to the state. Mr. Barbagallo motioned to support 431 Rt 206 LLC regarding their late filing of the renewal application to the New Jersey Division of Alcoholic Beverage Control. Mr. Brace seconded the motion. The motion was carried by a roll call vote. Mr. Brislin, yes. Mr. Lashendock, yes, Mr. Barbagallo, yes, Mr. Brace, yes, Mr. Utter, abstain.

Bridge- High Point Country Club- Mr. Lashendock motioned to table discussion. Mr. Brislin seconded the motion. The motion was carried with all in favor.

Traffic Light Rt 23 - Mr. Brislin motioned to proceed with petition and to have the clerk contact Senator Littell=s office and the NJ DOT regarding content of a petition. Mr. Brace seconded the motion. The motion was carried with all in favor.

Municipal Building Hours- The Committee discussed changing Municipal Building hours of operation to accommodate residents. Mr. Brislin motioned to open to the public for discussion.
Mr. Brace seconded the motion. The motion was carried with all in favor. Several members of the public voiced their opinions. Mr. Teufert commented that he thought it was a good idea however, he objected to the Municipal Office being closed on Fridays because of the 3 to 4 day consecutive closure. Mr. Bogle commented that he thought it was a vast inconvenience you are in the business of serving tax payers and not worrying about worrying about 4 employees in the town hall. Tax payers who work outside of town do not get home at 5:45, they want to come to town hall at 7 or 8 o'clock in the evening one night a week. That is what the Committee should be looking at. Government to close and be open only 4 days a week he thinks is a farce. He opposes it.
Mr. Brislin motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.

REPORTS
Tax Collector's Report- reported as $804,854.73. Year to date $5,753,813.21.
Mr. Brislin motioned to accept the report as submitted. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

CORRESPONDENCE

Recreation Chairman's Request for Funds
Mr. Brislin motioned to approve the $212.00 for soccer balls, $100.00 for soccer nets and $1500.00 for soccer goals. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

DRJTBC-
Mr. Hinkes prepared a letter to address the insurance requirements as they relate to the Delaware River Joint Toll Bridge Commission.
Mr. Brislin requested the committee to consider the letter addressed to the Committee from Ken Cosier, Administrator, of CCHP, requesting a resident of the CCHP to serve on the Land Use Board in 2008. Mr. Brislin motioned to respond to CCHP that the Committee would welcome suggestions for qualified candidates. Mr. Barbagallo seconded the motion. The motion was carried with all in favor.

PUBLIC PARTICIPATION
Mr. Brislin motioned to open to the public. Mr. Barbagallo seconded the motion. The motion was carried with all in favor.
Mr. Krebs wanted to know who the Chair and Co-chair of the Public Works Department. He felt a determination of should have been the Chair and Co-chair of the Department. He also expressed that he was disappointed in the outcome of the Cell Tower discussion. Mr. Krebs has copies of the latest plan proposed for the traffic light on Rt 23 which he offered to share with the Committee.

Mr. Chant commented that he would may be able to offer support regarding the ice jam channel and Delaware River flooding. He also commented on the traffic situation on Rt 23. He suggested that the concerned business owners and the Township consider sharing the cost for a traffic light.

Reginald Cole suggested putting a traffic light in front of Shop-rite on Rt 23. He suggested that there is a conflict of interest on the Land Use Board with regard to the proposed development in the High Point Country Club.

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

Mr. Brislin motioned to go into executive session to discuss matters relating to litigation. 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,
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.

September 25, 2007
Attest:

Diana Francisco
Clerk

The Township Committee returned from executive session and resumed the regular meeting.

RESULTS OF EXECUTIVE SESSION
-No action was taken.

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

Submitted by,
Diana Francisco
Clerk