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
Those present were Mr. Brace, Mr. Brislin, Mr. Teufert, Mr. Utter, Mr. Barbagallo, Attorney Padula, and Clerk Francisco.

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

MINUTES      
July 8, 2008 Regular Session and Executive Session
Mr. Brislin motioned to approve the minutes. Mr. Teufert second the motion. The motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
Mr. Brace asked if the committee had the DPW surveillance tape from an incident occurring on Friday, July 18. Mr. Teufert responded that it was not available because no one had keys to the office. Mayor Barbagallo asked Nick Grontis to approach the dais. Attorney Padula ascertained from Mr. Grontis that he chose to be heard in open session. Upon questioning by the committee, Mr. Grontis explained that he was injured at work and went to the hospital on Thursday around 9:30 or 10:00 a.m, and was given two days off from work by the attending doctor. Clerk Francisco indicated that this information conflicted with the report filed with her office by Mr. Grontis he had report the incident on Thursday and had indicated that the injury occurred on Wednesday. Mr. Grontis insisted the injury and medical treatment both occurred on Thursday morning. Mr. Teufert said he heard Mr. Grontis played golf on Thursday. Mr. Grontis confirmed this, and that he stopped by the DPW building at 4:00 p.m. on his way back from picking up his prescription to pick up live chickens that had been delivered to that location. Mr. Teufert indicated his problem was that he was told he could not work, yet played golf while the taxpayers were paying his salary. Mr. Grontis indicated he was using sick days. Clerk Francisco voiced her concern about receiving a false report. Mr. Teufert motioned to review the tape and date of accident before a decision is made regarding this matter. Mr. Brislin seconded the motion, and it was carried with all in favor. Mr. Brislin indicated there was a problem with not having a key to the office. Mayor Barbagallo indicated he would speak to Dave Berhman about coming back to work even if only in a supervisory capacity while his injury is healing. Mr. Brislin made a motion to open the room. Mr. Utter seconded the motion, and it was carried with all in favor. Mr. Utter made a motion that the DPW cameras communicate with the Municipal Building and that tapes be reviewed from same. Mayor Barbagallo seconded the motion. The motion was carried with all in favor.

FIRE DEPARTMENT PRESENTATION
The Fire Department presentation was postponed until August 12, 2008.

BID OPENING – BEERSKILL RD PROJECT
The following bids were opened by Mayor Barbagallo. Berto Construction $247,190.41 Salmon Brothers $296, 296.00 Ferrarro Construction $274,900. All were considered too high, and Mayor Barbagallo motioned to postpone any decision until the next meeting. Mr. Utter seconded the motion, and it was carried with all in favor.

RESOLUTIONS
R 2008-74 APPROVAL OF ITEMS OF REVENUE AND APPROPRIATIONS N.J.S.A. 40A: 87
Mr. Teufert motioned to adopt R 2008-74. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

R 2008-75 GRACE PERIOD FOR 2008 TAX BILLS
Mr. Brislin motioned to adopt R 2008-75. Mr. Brace motioned to adopt R 2008-75. The motion was carried with all in favor.

NEW BUSINESS 
 
Street Sweeping
Mayor Barbagallo indicated that he put this matter on the agenda to clear up a problem that arose when he instructed DPW Foreman Dave Berhman to dump loads of street sweepings on his property and at the opposite side of the lake community. He stated that a complaint had been filed against him that he had hazardous material on his lot. He further stated that piles of this material are all over town on the properties of private citizens, and about 500 tons of it sitting in the DPW yard. He stated that since this issue has now been raised about hazardous material, that an environmental engineer be employed by the town to take a sample of the sweepings to make sure they are not contaminated. Mr. Brace stated that part of the problem was that Mayor Barbagallo took the sweepings, to which Mayor Barbagallo answered that he did not take the sweepings, rather that he instructed the DPW Foreman to leave them on his property until they could be returned to the yard. A heated discussion among Mr Utter, Mr. Brace and Mayor Barbagallo ensued. Mayor Barbagallo made a motion to have the sweepings analyzed at the Township's expense because it would affect many people who have these sweepings on their properties, and because it was a member of the committee who made the complaint against him. Mr. Utter said "You are accusing a member of this committee turned it in?" Mayor Barbagallo answered "Yes I am". Mr. Utter said "Any name in mind?" Mayor Barbagalllo answered "Yes" although he did not disclose a name. Mr. Brace stated that this goes back to a personnel problem with the DPW, to which Mayor Barbagallo answered that it is not, because the Township offered the sweepings free of charge on its website. Mr. Utter said he didn't advertise anything. Mayor Barbagallo countered that it was advertised during Mr. Utter's tenure. He then asked former committeeman Mark Krebs, who created the website, to confirm the advertisement, which he did, adding that it was on the site for over a year. Mayor Barbagallo indicated the committee did not seem inclined to fix the problem and did not expect a second to his motion.

Mr. Teufert stated that when he saw 'street sweeping' on the agenda he assumed it related to the progress in street cleaning in and around town. He reported on a meeting he and Mayor Barbagallo attended at CCHP wherein they learned that a big problem they are having is drains clogged by the sweepings, or grits, and it was agreed that there are too much accumulating in piles on lawns when cul-de-sacs are plowed. He suggested the Township support them by taking away the bulk. Mayor Barbagallo offered the suggestion of screening the sweepings and re-using them. Mr. Utter suggested contacting the vendor who sells the grits to see if there is a fee to reclaim and not pay so much for it. Mayor Barbagallo stated that the grits already sitting at the yard would probably be enough for the next two winters.

Power Lines
Mr. Brislin reported that there will be a workshop meeting at the Beemerville Fire House on Thursday July 24, 2008 at 7:00 p.m. with the residents of Wantage and JCP & L. Mr. Brislin motioned for the Township to take a position opposing proposed route A, which would travel through Montague. Mayor Barbagallo seconded the motion. There was a short discussion among the committee regarding obstacles to the planned Route A, after which the motion was carried with all in favor. Alicia Batko brought a map obtained from a website that showed the proposed route crossing one of the ball fields and the Zitone ranch, and added her thoughts on the negative impact this proposed route would have on the Township. Mr. Brislin made a motion to display signs on Township property to show the Township's united opposition to Route A. Mr. Teufert seconded the motion, and it was carried with all in favor.

HSA- Health Savings Account
Mr. Brislin indicated that this should be looked into by the Township to see if it would benefit both the employees and the taxpayers. Mayor Barbagallo asked Clerk Francisco to make a telephone call to learn more.

Drainage Municipal Building
Mr. Brislin made a motion to request a letter of recommendation from our engineer and also to request the appropriate member of the DPW provide a recommendation to the committee as well. Mr. Teufert seconded the motion. Mr. Utter expressed his opinion that the DPW not be consulted. The motion was carried by a unanimous roll call vote.

Mr. Teufert suggested a committee member be appointed on all such projects to learn what is actually happening and see what's going on as a committee. It was decided that Mayor Barbagallo and Mr. Teufert would oversee the project. Mayor Barbagallo expressed his opinion that calling in the engineer is not necessary.

UNFINISHED BUSINESS

Coss Lane Drainage Easement and other Drainage Issues
Mr. Brace reported that regarding Coss Lane there are three excavators on it and that none of them can guarantee their prices will not go over the threshold. He motioned to have revisions done to the plan and putting it out for bid. After a discussion among the committee, Mr. Brace suggested someone from the committee speak with our engineer regarding the cost and come back to the next meeting with the cost to put the bid package together and do the revised drawings. Mr. Teufert seconded the motion, and it was carried by a majority roll call vote:

Mr. Brace: Yes
Mr. Brislin: Yes
Mr. Teufert: Yes
Mr. Utter: Yes
Mr. Barbagallo: No

Agreement Montague School and Township Committee
Mayor Barbagallo requested Clerk Francisco to arrange a meeting.

New Myrtle Drive
Mayor Barbagallo informed the committee that his understanding was that the Township was going to do some patching on this road, not covering it entirely with millings. And that he objects to this. Mr. Teufert made a motion to confirm that the committee decided to do the entire road with the millings that were available. Mr. Brislin seconded the motion, and it was carried by a majority roll call vote:

Mr. Brace: Yes
Mea. Brislin: Yes
Mr. Teufert: Yes
Mr. Utter: abstained
Mr. Barbagallo: No

Court Review
Mayor Barbagallo suggested a letter be sent to terminate the agreement and return the court to Montague. After discussion among the committee, it was decided to attend the next Joint Court meeting to learn more before any action is taken.

Tax Map Engineer Contract
Mr. Teufert indicated he had reviewed the contract and found no problems. Mr. Brislin made a motion to approve the contract providing the funding is properly set up. Mr. Teufert seconded the motion, and it was carried by a unanimous roll call vote.

Gypsy Moth
Mr. Teufert reported that he had looked into several services, thatr either didn=t provide service to New Jersey or could not give a quote.

Surplus Equipment
Mayor Barbagallo asked the committee to individually review the list and be prepared to set a date for auction, either open or closed.

APPLICATIONS
Approved: Blue Light Permit - Richard Bostwick | Richard Peck | Louis Smith

MARCH Raffle Applications - 50/50 and Raffle - Approved

MONTHLY REPORTS
Fire Department - June - Report acknowledged and posted on bulletin board. 

CORRESPONDENCE
Sandyston Township- Copy of letter sent to Sheriff Untig regarding policing.

Noise Ordinance Request from Robert and Margaret Seelogy- This letter did not specifically address the origin of the noise disturbance, and Mayor Barbagallo indicated he would be happy to address the matter upon learning more.

League of Municipalities challenge COAH regulations - ongoing.

Tax Rate - 2006 - 302, 2007 - 347, 2008 - 346.4

Mr. Brislin motioned to permit Film Company to film in Montague Township. Mr. Teufert seconded the motion. The motion was carried with all in favor.

PUBLIC PARTICIPATION

Mr. Brislin motion to open to the public. Mr. Teufert seconded the motion, and it was carried with all in favor.

Mark Krebs - Mr Krebs commented that he did not see a difference in the use of millings on Steenykill versus dumping of grits.

Alicia Batko - Mrs. Batko commented on Red Hill road and a commemorative booklet is currently being prepared for sale. She also suggested that the Montague School was not a good location for the upcoming 250th Anniversary Celebration.

Louanne Cular - Ms. Cular reported to the Committee that the Fire Department had received a matching funds grant for various equipment in the amount of $43,033.00. She also reported that the Township is in compliance for 2008, therefor allowing them consideration for upcoming grants.

Reginald Cole - Mr. Cole had commented on fair Labors laws. He also voiced his opinion regarding common catch basins , proper equipment and it should be up to the developer to fix them.

Virginia Van Wagner- Mrs. Van Wagner commented that anyone can obtain certain information through the Open Public Records Act,(OPRA)

Toni-Lu Martin - Ms. Martin thanked the Fire Department And the Rec Department for maintaining a safe Montague Day in spite of the challenging weather conditions.

Bob DeGroat - Mr. DeGroat advised the Committee that they should be cautious with worker=s compensation cases and disability.

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

Mr. Brislin made a motion to go into executive session. Mr. Teufert seconded, and the motion was carried with all in favor.

RESOLUTION

R- 2008 -76   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 collective negotiations, attorney-client information and potential litigation.

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 Township committee returned from executive session. Mr. Brislin motioned to return to regular session. Mr. Teufert seconded the motion. The motion was carried with all in favor.

ADJOURN
Mr. Brislin motioned to adjourn Regular Session. Mr. Teufert seconded the motion, and it was carried with all in favor.

Submitted by,

Diana Francisco,
Municipal Clerk

08-18-2008