OPENING STATEMENT
Mayor Barbagallo called the meeting to order at 7:05 p.m. and stated that the meeting was being held in compliance with the Open Public Meetings Act PL. 1975 C. 231 and has been duly advertised.

FLAG SALUTE
All present were asked to salute the flag.

ROLL CALL
Present were Mayor Barbagallo, Mr. Brace, Mr. Brislin, Mr. Teufert, Mr. Utter, Attorney Segreto 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 be heard, Mr. Brislin motioned to close public participation. Mr. Teufert seconded the motion, and it was carried with all in favor.

MINUTES
Mr. Brislin motioned to approve the minutes of August 12, 2008 Regular Session and July 29, 2008 Executive Session. Mr. Brace seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
DPW Foreman Dave Berhman gave his report on projects since the last meeting, including work on the roads and drainage areas at Brookhaven, Buck Hill, Rubin Hill and Minisink Drive. Regarding the work to be done on Beerskill Road, Mr. Barbagallo made a motion to have Harold Pellow Associates take an on-site look at the project and render an opinion at a cost not to exceed $625.00. Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote. There was a discussion about the grant received and the contract with Tilcon for Weider Road, and that paving the road in areas greater than 24 feet will cost the township an additional 29,000. Mr. Brace expressed his opposition to paying the additional $29,000. Mayor Barbagallo suggested the committee look at prior bid packages to see if the wider width matched what was given in the previous grants. Mr. Utter suggested a recess in order to look at the documentation and then come back to the matter later.

Beerskill Project - Mr. Brace motioned to reject all bids by reason of being over budget. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

MONTAGUE SENIORS
Mayor Barbagallo thanked Mr. and Mrs. Avenetti and Michael Car for their presentation of a donation (proceeds from Montague Day) to the Volunteer Fire Department.

ORDINANCES — second 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 2008-082
REFUND OF ASSESSMENT FOR IMPROVEMENTS OVERPAYMENT — BLOCK 16.01, LOT 1
Mr. Brislin motioned to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2008-083
RESOLUTION AUTHORIZING A REFUND OF OVERPAID PROPERTY TAXES
Mr. Brislin motioned to table this resolution. Mr. Teufert seconded the motion, and it was carried by a unanimous voice vote.

R 2008-084
REFUND DUPLICATE TAX PAYMENT
Mr. Brislin motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

Old Clove Road - Mr. Brislin motioned to approve the draft letter and send it out to the County. Mr. Teufert seconded the motion, and it was carried with all in favor.

Coss Lane Drainage Easement - Mr. Brace indicated that he had received two prices, excluding material, for the project. His estimate of the cost was between $16,000 -$18,000. Mr. Brislin motioned to get a third price quote. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

Agreement with Montague School and Township Committee - Clerk Francisco indicated that John Waycie, Administrator, would be contacting her after their next Board meeting with a date to set for meeting with the township=s Mayor.

Gypsy Moth - After some discussion among the committee regarding an estimate of $39.50 per square acre for spraying, the estimated 10 or 11 square miles that may or may not need to be sprayed; whether each homeowner would be charged equally, by assessed property value or per acre; and whether the non binding referendum should even go forward; Mr. Teufert motioned to have the attorney and CFO make a determination as to whether you can have cost per acre or cost per assessment, and appoint Mayor Barbagallo and Mr. Brace to develop the wording for the referendum, which will thereafter be approved by at least three committeemen. Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote.

Rural Policing - After review of the letter prepared by counsel intended for transmission to the State, the committee decided to have it rewritten with a number of other more emphatic reasons for opposition added thereto. Mr. Brislin motioned to approve the letter subject to the revisions discussed. Mr. Teufert seconded, and the motion was carried with all in favor.

CCCH Properties - Attorney Segreto recommended discussion take place in executive session as Attorney-Client privilege.

Montague Storm Damage - Personal Property - Clerk Francisco was instructed to report an insurance claim for damages sustained during the storm on Montague Day.

Summer Hours - Business hours will revert to Monday through Friday commencing September 2nd.

MONTHLY REPORTS

Fire Department - There were 19 fires, 17 drills, 1 meeting, and 45 First Responder calls
1 mutual aid call, 5 car alarms, 6 motor vehicle accidents. Total man-hours: 1709

CORRESPONDENCE

Town of Deerpark - Memorial Service September 11, 2008 - This service will commence at 8:46 a.m. All are invited to attend.

CCH - Speed Limit Resolution - Mr. Utter indicated that during a meeting with Judge Devine, it was recommended that he and Mr. Brislin contact the person in charge at the State Police Barracks in Augusta. This was done, but no response had been forthcoming. Mayor Barbagallo suggested the committee go ahead with the resolution since there would likely be no opposition.

At this time Mr. Teufert motioned to take a brief recess before entering executive session. Mr. Utter seconded, and the motion was carried with all in favor.

Mr. Teufert motioned to return from recess. Mr. Brislin seconded the motion, and it was carried with all in favor.

Employee Assistance Program through Alliance Work Partners Resolution - Mr. Brislin made a motion to approve the resolution correcting the mistake in the per-employee figure to $1.64. Mr. Teufert seconded the motion, and it was carried by a unanimous roll call vote. Mayor Barbagallo instructed Clerk Francisco to advise the employees accordingly.

Weider Road Resurfacing - Mr. Utter referred Attorney Segreto to Article 4 of the bid specifications which states that the bidder must visit the site, take whatever measurements are needed and sign a site visitation statement that he has complied, that the responsibility to determine any error in measurement or quantity by the engineer lies with the bidder. Mayor Barbagallo stated that this is the third time the road has been resurfaced by the same contractor and financed with grant money, and that there should not have been a problem. He indicated disappointment that the prior bid packages were not available for comparison.. After discussion among the committee and Attorney Segreto, it was decided that both the contractor and the engineer would need to be contacted to get the information allowing a decision as to how to proceed.

PUBLIC PARTICIPATION

Alicia Batko - Informed the public of the upcoming Montague Community Field Trip on Saturday, September 13 from 10:00 a.m. until 12:00 noon. She also voiced her concerns regarding the entrance sign to Montague Township, Red Hill Road construction vehicles, her issue with the Township=s assessment of her property, and the possible concurring expenses of gypsy moth spray applications and rural policing expenses.

Dennis Ullin - Brought to the attention of the committee an excessive amount of grit and brush lying on and around New Road. Mayor Barbagallo assured Mr. Ullan this would be taken care of.

Reginald Cole - Expressed his opinion on repair of the drainage problem on Beerskill Road. He also voiced his concern regarding the Mill Brook bridge currently under repair and the problems it causes for school buses, and why the committee is not doing anything about it. Mr. Teufert explained to Mr. Cole that the school Board has also addressed the problem and extra bus runs.

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

Mr. Teufert made a motion to go into executive session. Mr. Brislin seconded, and the motion was carried with all in favor to discuss matters of attorney -client privilege regarding potential real estate transactions, and personnel matters regarding disciplinary procedures.

RESOLUTION

R- *******

RESOLUTION AUTHORIZING EXECUTIVE
SESSION PURSUANT TO N.J.S.A. 10:4-12

WHEREAS the Township Committee of the Township of Montague, Sussex County, New Jersey, in compliance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., finds it necessary to convene an executive session to discuss matters relating to attorney-client privilege regarding potential real estate transaction involving six parcels of land in the Highpoint Country Club development, and personnel matters regarding disciplinary procedures.

NOW THEREFORE , BE IT RESOLVED that the Township Committee will enter executive session. It is anticipated that the deliberation conducted in closed session may be disclosed to the public upon the determination of the Township Committee that the public interest will no longer be served by such confidentiality and if not then legally privileged.

DIANA FRANCISCO, RMC
Municipal Clerk

The Committee resumed regular session.
Mr. Brislin motioned to close executive session. Mr. Teufert seconded the motion. The motion was carried with all in favor.

ADJOURN

With no further action to be taken, Mr. Teufert motioned to adjourn. Mr. Brace seconded the motion. The motion was carried with all in favor at 10:15 pm.

Submitted by,

Diana Francisco,
Municipal Clerk