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MINUTES OF MONTAGUE TOWNSHIP COMMITTEE MEETING

August 12, 2008

OPENING STATEMENT-
Mayor Barbagallo opened the meeting at 7:05pm., announcing 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.

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

ROLL CALL
Present were Mayor Barbagallo, Mr. Brace, Mr. Brislin, Mr. Teufert, Mr. Utter, Attorney Padula and Clerk Francisco.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Mr. Brislin motioned to open to public participation regarding agenda items only. Mr. Teufert seconded the motion, and it was carried with all in favor. There being no member of the public wishing to speak, Mr. Teufert motioned to close public participation. Mr. Brislin seconded the motion, and the motion was carried with all in favor.

MINUTES
Mr. Teufert motioned to approve the minutes of July 22, 2008 Executive Session, July 23, 2008 Special Session and July 29, 2008 Special Session. Mr. Brace seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
DPW Foreman Dave Berhman reported that for the past two weeks the crew has been working on New Myrtle Drive, the entrance to the Grange building, and checking out a complaint on 214 Clove Road regarding a drainage problem. The latter was discussed with Mr. Utter and the Township engineer, and it was decided it would go on the list for next year. He reported on additional ongoing projects and the need to get the present mower running since the new one will not be acquired until next year.

FIRE DEPARTMENT PRESENTATION
There was no report from the Fire department.

PAYMENT OF BILLS
Mr. Brislin made a motion to approve the vouchers. Mr. Brace seconded the motion. Mr. Teufert abstained from the approval of one item relative to the street upon which he lives. The motion was carried by a unanimous roll call vote.

ORDINANCES -first reading

2008-07
ORDINANCE AUTHORIZING AN EMERGENCY APPROPRIATION N.J.S. 40A:4-53 FOR THE PREPARATION OF TAX MAPS

Mr. Brislin motioned to approve the ordinance. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2008-78
SPECIAL EMERGENCY RESOLUTION

Mr. Brislin made a motion to approve the resolution. Mr. Brace seconded, and the motion was carried with all in favor.

R 2008-79
LIQUOR LICENSE RENEWAL-431 Route 206 LLC

Mr. Brace motioned to approve the resolution. Mr. Brislin seconded the motion, and it was carried with all in favor.

R 2008-80
OVER-BILLED TAXES

Mr. Brislin motioned to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2008-81
REFUND OF OVER-BILLED TAXES

Mr. Brace made a motion to approve the resolution. Mr. Brislin seconded the motion, and it was carried by a majority roll call vote:

Mr. Brace: Yes
Mr. Brislin: Yes
Mr. Teufert: Yes
Mr. Utter: Abstain
Mr. Barbagallo Yes

NEW BUSINESS

Old Clove Rd
- Mr. Brislin informed the committee that Richard Dutton, a former business owner in Montague, dropped off a deed showing there is a county road off Clove Road across the street from the Gulf Station that he recommends the County open to use for a one-way access to Clove Road. After a brief discussion, Mr. Brislin made a motion to have a letter directed to Mr. Eric Grove (County) requesting the road be opened to one-way traffic. Mr. Teufert seconded the motion, and it was carried with all in favor.

Employee Assistance Program Through Alliance Work Partners
- Mr. Brislin motioned to have counsel review the program. Mr. Brace seconded, and the motion was carried with all in favor.

UNFINISHED BUSINESS

Coss Lane Drainage Easement and other Drainage Issues
- Mr. Brace indicated he will have answers by next week. Mayor Barbagallo indicated he had asked two people to look at the Romyns= property and would like to get another person to give a quote as well. DPW Foreman Dave Berhman suggested getting permission from the Romyns= and other property owners to enter their properties for the purpose of resolving the problems.

Agreement Montague School and Township Committee
- Clerk Francisco indicated she would call the school to set up an appointment.

New Myrtle Drive
- Attorney Padula reported there was nothing new since last meeting.

Gypsy Moth
- Mr. Teufert reported he was still unable to get definitive quotes for services. Mr. Utter suggested a decision be made by the next meeting concerning the proposed referendum.

Surplus Equipment
- It was decided to wait for an updated list of the surplus equipment before a decision is made as to how to auction the items. Mr. Berhman said one would be ready by the next meeting.

Beerskill Road Project
- Dave Berhman is to look into this with the engineer.

Bridge Commission Grant
- request for an extension - Mr. Utter indicated he had spoken with the engineer, who said he would have the bid packages ready for bid in October, but he [Utter] felt it would be too cold for the work to begin. He motioned to request an extension. Mr. Teufert seconded, and the motion was carried with all in favor.

Front walkway
- Mayor Barbagallo commended the work done in the front of the building to remedy the drainage problem. He suggested waiting until Spring for completion in case the walkway needs to be dug up for another drain.

APPLICATIONS

Fire Department applications-Membership
- Richard Peck, Joann E. Smith, Louis R. Smith - Mr. Brislin motioned to approve the applications. Mr. Brace seconded, and the motion was carried with all in favor.

MONTHLY REPORTS

TAXES- $411,170.83 collected this month - $4,418,326.39 to date.

CORRESPONDENCE

Highpoint Country Club- Request for Properties
- Attorney Padula will research this. Toni-Lu Martin indicated she had a list of the subject properties and would furnish same to the committee.

NJ State Treasurer- 2009 Budget for Rural Policing
- Mayor Barbagallo suggested the township vigorously fight this action for the reasons that we have two State roads, two State parks, a federal park, and an office for the State Police in our municipal building. Mr. Teufert indicated there is apparently an organization within the State government that allows a municipality to file a complaint claiming that since it is an unfunded mandate, the State cannot force compliance. After a lengthy discussion among the committee, it was decided that the matter be tabled to next meeting while Attorney Padula drafts a letter to the Governor and State representatives voicing opposition.

Affordable Housing Reform Statute
- Mr. Utter advised that this Statute, which has already been passed, assessed a COAH fee to commercial development that goes directly to the State.

Friends of Addiction Recovery (New Jersey)
- Acknowledged

Tax Assessment Error
- Alicia Batko will speak directly with Attorney Padula regarding this apparent error by the tax department regarding over-assessment of her property.

PUBLIC PARTICIPATION
Mr. Brislin motioned to open to the public. Mr. Brace seconded the motion, and it was carried with all in favor.

Alicia Batko - Offered her input and opinions on Old Clove Road which was mentioned earlier in the meeting, the gypsy moth situation, the decrease in honey bee population, rural policing, and the possibility of erecting signs informing the public that certain areas are patrolled to deter vandalism. Mayor Barbagallo, responding to the latter, indicated the Township has no problem with that.

Ruth Owen - Extended an invitation to the committee on behalf of the Montague Seniors to attend a barbecue at the Westfall Winery on September 6th, and that each committeeman respond to her by August 22nd. She also offered her opinion regarding the non-binding gypsy moth referendum, that many people do not know what that means and will expect their property to be sprayed if they successfully vote to do so.

Ed Ibold - Thanked the road department and the committee for taking care of the problem on Fox Hollow Road. He linked the issue of rural policing with COAH regulations, pointing out the irony that while the State is ordering us to provide needy people housing , they will not provide police protection.

Reginald Cole - Informed the committee that he had spoken to some County workers who told him the Mill Brook bridge on Clove Road may not be completed until the end of September or early October. He discussed an article he read regarding rural policing and his opposition to paying State Troopers when response time is so slow.

Richard Clauburg - Suggested the committee get the State to reduce the $209,000 for rural policing. He noted that he read in the paper that Montague=s was the highest assessment in Sussex County, and that we might have some basis for negotiation. He commented on the high death rate in auto accidents, and reported that he has had no success in having trees removed along the county roads to create a buffer zone. He noted that the town has indeed cut down some trees, but stumps are left. He suggested the stumps be removed by the DPW.

Alicia Batko - Invited the committee and public to look at the display that appeared at the New Jersey State Fair.

There being no other member of the public wishing to be heard, Mr. Teufert motioned to close public participation. Mr. Utter seconded, and the motion was carried with all in favor.

COMMITTEE REPORTS

Mayor Barbagallo reported that had attended a meeting in Goshen New York regarding the traffic issue on Route 23. He indicated that the installation of traffic light at the exit of Route 84 is moving in a positive direction and he will report when he receives additional information.

Mr. Brislin reported that he and Mr. Utter met with Louanne Cular, Judge Devine, Court Administrator Suzanne Oakley and several others regarding the court. He indicated that the judge stressed the importance of getting a certified Court Administrator if we were to move the court back to Montague. He added that based on the series of advertisements to replace former Court Administrator Tina Sugar and receiving no qualified applicants, this should be taken into consideration. He indicated that the move would cost more than the revenue being generated.

ADJOURN
Mr. Brislin made a motion to adjourn the meeting. Mr. Teufert seconded the motion. It was carried with all in favor, and the meeting was adjourned at 8:43 p.m.

Submitted by,

Diana Francisco,
Municipal Clerk