OPENING STATEMENT
Mayor Barbagallo called the meeting to order at 7:04 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.

Mr. Brislin made a motion to open to the public regarding agenda items only. Mr. Teufert seconded the motion, and it was carried by a unanimous voice vote.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Todd Hooker introduced himself as attorney for Mark Utter with respect to alleged violations of stream encroachment regulations. He requested that he be permitted to ask Donald Stambaugh questions during that part of the agenda. Mayor Barbagallo replied that he could, and would be welcome to be part of it.

Mr. Brace motioned to close public participation regarding agenda items. Mr. Teufert seconded the motion, and it was carried with all in favor.

MINUTES
Mr. Brace motioned to approve the May 13 and May 27 Regular Session Minutes with amendment, and the May 13 and May 27 Executive Session. Mr. Brislin seconded the motion, and it was carried with all in favor.

CONSTRUCTION OFFICIAL - Donald Stambaugh
Attorney Padula explained that Mr. Stambaugh was given a Rice notice which would allow him to appear in executive session but chose to be heard in regular session. He further explained that this issue arose during the last meeting when a member of the public brought up letters sent from the DEP to Mr. Utter. He indicated that he had researched the matter and spoken with Mr. Stambaugh, and is convinced there was no wrongdoing on the part of Mr. Stambaugh's office in issuing permits without prior State approval.

Mr. Hooker referred the committee and the public to the DEP Data Miner web site program that indicated the alleged violation has been satisfied, and that if the committee so chose, he would have copies provided to them. He added that he would like to see the whole issue put to rest.

Mayor Barbagallo stated that as an official body, the committee is obligated to satisfy the questions of the town since the matter became public.

Mr. Hooker asked the committee to indicate on the record that this matter is closed. Mr. Padula repeated that he had found no evidence that Mr. Stambaugh had acted improperly or that Mr. Utter used his office improperly regarding this matter, that it is strictly a matter between Mr. Utter and the DEP. He further recommended that the matter be closed at this point based upon what we know now. Mayor Barbagallo stated that there is not now enough information. With consent of Township counsel, he questioned Mr. Stambaugh, who indicated that it was not his obligation to get the approvals, that Mr. Utter signs off on the inside of the construction folder and it is his obligation, that Mr. Utter did come into the office and show the approval for one property. He stated at that point he told Mr. Utter he needed the approval for the other property. Mr. Stambaugh indicated he had spoken with the State and the exact words from the State were A He shouldn=t have a problem obtaining that@. He said Mr. Utter knew it was his obligation and that he knew he wouldn=t get a Certificate of Occupancy for the other property until that problem was rectified. Upon being questioned by Mayor Barbagallo, Mr. Stambaugh answered that he had not received the second approval yet. Mr. Stambaugh answered yes to Mr. Utter's attorney's question whether there is an identical property next door to the one in question, the same distance from the lake, and no to whether he spoke to Mr. Utter's engineer, at which point a member of the public commented that that was a leading question. Mr. Stambaugh also answered yes to Mr. Hooker's question that based upon approval being obtained for the adjacent property, nearly identical in structure and in distance from the lake, he approved permits for the property in question. To Mr. Hooker's question >Did Mr. Utter at any time use his position as a committeeman in the town of Montague to try to influence your decision on the permits?@ Mr. Stambaugh replied Aabsolutely not@.

Mayor Barbagallo indicated that as questions are being asked, other doors are being opened, and because these doors are opened, another question arises as to whether any laws were changed from the time the first home was built that would prevent approval from the DEP. Mr. Stambaugh answered no, and Mr. Hooker stated that is their position with the DEP.

Reginald Cole vehemently questioned the committee as to how this information got out into the public, calling it a smear campaign. Attorney Padula reminded the public that there are two opportunities for the public to speak during the meeting, and that this was not one of them.

Mr. Utter expressed his desire to open the matter to the public.

Mr. Brislin motioned to open to the public regarding this matter only. Mr. Teufert seconded the motion, and it was carried with all in favor.

PUBLIC PARTICIPATION ON SPECIFIC TOPIC
Reginald Cole asked again how the subject documents left the municipal building and who authorized the general public to mail the documents to everyone. He demanded that the company who issued the mailing labels be contacted to determine who purchased them.

Jim Guimes questioned the committee as to why there was no variance applied for on the two lots which are undersized. Mr. Utter's attorney replied that the public has a sixty day period in which to object to any permits issued on such property and that in this case there were no objections filed. He added that there is no obligation on the part of the landowner, and the date for filing an objection has long since passed. Mr. Guimes expressed his opinion that while everyone is questioning how the letters got out to the public, there is a greater question as to how the public is uninformed about permits being issued for undersized lots, and that this is considered okay.

Sharon Tufaro, Zoning Official, responded to Mr. Guimes by explaining that the reason there were no variances is because the properties were pre-existing nonconforming lots which were subdivided back in the 1970's, and that most of the lots in High Point Country Club are in fact undersized.

David Wallace, attorney for the Trustees of the Community Corporation of High Point, indicated they have meetings every Friday and would be happy to consider any concerns regarding the properties.

Virginia Van Wagner wanted to know the step-by-step process of obtaining a building permit. Sharon Tufaro responded that first it goes to Zoning, then to the Building Department.

Keith Utter stated that when it comes to the DEP, no one knows what's going on. He also said that when he first got into the construction business, he could carry the Building Code under one arm, and that now it takes two hand carts. He added that this matter has nothing to do with Zoning or with Don Stambaugh.

Janet Woodenberg wanted to know if any directive, such as a stop work order, was issued from the State. Mr. Stambaugh responded that at the time this came out the houses were already constructed, so there was no stop work order required. He indicated that he told Mr. Utter he could continue at his own risk, that if the DEP had some problem with it, he would have to deal with it. Upon further questioning from Ms. Woodenberg, Mr. Stambaugh indicated that he could issue a stop work order on anything, but it did not pertain in this case to his department. He stated that no Certificate of Occupancy would be issued until the DEP matter is resolved. Ms. Woodenberg noted that work is still being performed. Mr. Utter's attorney responded that the Soil Conservation District is requiring Mr. Utter to do some additional work so that there were no erosion issues at the site, adding that the DEP had been notified. He further stated that as of now the DEP indicates the alleged violations have been satisfied, and that if Mr. Utter requests a C.O., the town would have no basis to deny that C.O. Ms. Woodenberg asked if that was issued in writing. Mr. Hooker referred her to the DEP website and gave her a printout.

Ken O'Connor expressed his confusion as to why the matter was being argued at a township meeting. Mayor Barbagallo responded that rather than arguing, the committee was attempting to resolve something to satisfy the public's questions. He added that what could have been accomplished in five minutes, had gotten a little out of hand and taken much longer.

Bob DeGroat expressed his opinion that the committee should tell people when they are out of line, that the DEP letters circulated were in fact campaign letters sent in violation of State and Federal law meant to impact the election, and that Mr. Utter is owed an apology by a lot of the public and probably by some of the committee as well.

Jim Guimes responded to Mr. DeGroat's statement by expressing his view that much of the comments are politically motivated and that he has no agenda other than to assure the playing field is level and there is honesty in the group.

Committeeman Utter referred Mr. Guimes to The Montague Code 76-16 which addresses undersized lots.

Mayor Barbagallo thanked all who joined in public participation.

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

BILLS LIST
Mr. Brislin motioned to authorize payment of the vouchers. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

COMMITTEE REPORTS
Recreation - Beverly Borrego reported work in progress for Montague Day scheduled for July 19. Approval for approximately $700 more that would include the pig, trophies, medals, ribbons and a band, was requested. She indicated the figure may be lower since the Rec Committee is receiving donations from organizations in town. A Family Day is planned for late Summer at High Point State Park and the committee is requesting $300 of their budget be used to purchase gaming equipment. Several other activities were reported. Mr. Teufert made a motion to approve an additional $700 to the budget and approve $300 of the budget for the Family Day purchases. Mr. Utter seconded the motion, and it was carried by a unanimous roll call vote.

RESOLUTIONS

R 2008-46 RESOLUTION TO SOLICIT BIDS FOR BEERSKILL ROAD RETAINING WALL
Mr. Brace made a motion to approve the resolution subject to review by the committee. Mr. Teufert seconded the motion, and it was carried by a unanimous roll call vote.

R 2008-62 OUTSIDE LIEN REDEMPTION
Mr. Brace motioned to approve the resolution. Mr. Brislin seconded, and the resolution was passed by a unanimous roll call vote.

R 2008-63 AUTHORIZATION TO CANCEL TOWNSHIP TAX SALE CERTIFICATE
Mr. Teufert motioned to approve the resolution. Mr. Utter seconded, and the resolution was passed with all in favor.

ORDINANCES (second reading)

ORD 2008-06 SALARY ORDINANCE AMENDMENT
- Mr. Brace motioned to approve the Amendment. Mr. Utter seconded the motion. Mr. Brace made a sub-motion to open to the public. Mr. Teufert seconded the sub- motion, and it was carried with all in favor.

PUBLIC PARTICIPATION ON SPECIFIC TOPIC
Reginald Cole asked what percentage increases were given to the individual employees. Mr. Brislin informed Mr. Cole that the Flood Mitigation Director, a newly created position, has a $5,500 salary; that the Deputy Coordinator for Emergency Management salary increased by $1,000; and that NIMS is also a newly created position. Mr. Cole again asked what percentage increases were given to employees and was told by Attorney Padula that only the amendment could be discussed, and was told by Mr. Brislin that the minimum percentage increase was 3.5%.

Mr. Brace motioned to close to the public. Mr. Utter seconded the motion, and it was carried with all in favor. The main motion having been made and seconded, was carried by a majority roll call vote:

Mr. Brace YES
Mr. Brislin YES
Mr. Teufert YES
Mr. Utter YES
Mr. Barbagallo NO

UNFINISHED BUSINESS

Coss Lane Drainage Easement
-. Attorney Padula informed the committee that he has consulted with the township engineer who is having a survey done, and once an easement is perfected then the actual work will go forward.

Agreement Between Montague Elementary School and the Township Committee
- Attorney Padula informed the committee that he has drafted a resolution and amendment to the original agreement. Ken O'Connor, School Board President, expressed his frustration over the matter dragging on for over three months, and urged the committee to move it along.

New Myrtle Drive
- Mayor Barbagallo indicated he had received a call from Attorney Padula's office informing him that Mr. Clark would like to have a meeting with the committee. It was decided to take place one hour before the next meeting.

CCHP Speed Limit
- David Wallace, Esq. gave a lengthy report regarding the proposed speed limit at High Point Country Club. Ruth Owen stated that the committee had approved the 25 mph speed limit approximately seven years ago and that it should appear in the minutes. Mayor Barbagallo indicated that he sees no problem on a township level in approving the limit as requested by High Point. Attorney Padula recommended a traffic study be done first. Mr. Utter made a motion to have our attorney review the newest information from Mr. Wallace and proceed at the next meeting. Mr. Brace seconded, and the motion was carried by a unanimous voice vote.

COAH Ordinances and Resolutions
- Mr. Brislin made a motion to have a first reading at this meeting for the Development Fee Ordinance. Mr. Brace seconded the motion. Mayor Barbagallo stated that the committee shouldn't be seeking to pass this resolution while the township is joining in a class action law suit to remove COAH from the State. Mr. Brislin withdrew his motion; Mr. Brace withdrew his second.

Rich Carlson expressed his dissatisfaction over increased numbers of low cost housing units in our community.

NEW BUSINESS

Corrective Action Plan - 2007 Audit
- Mayor Barbagallo asked that anyone interested pick up a copy of this document for review.

Shared Service Agreement between the County of Sussex and Montague for GIS Data
- Mr. Brislin motioned to invite Keith Armstrong to attend a committee meeting four weeks from the date of this meeting to discuss shared services. Mr. Teufert seconded the motion, and it was carried by a unanimous roll call vote.

REPORTS

Fire Department - report to be posted on the township bulletin board.

Tax Collector - $1,193,737.72 collected this month. Year to date: $3,941,352.85

Zoning Report - Report of violations and course of action taken for each.

Clean Communities - Toni-Lu Martin, Clean Communities Coordinator, presented an entertaining recap of clean-up projects utilizing local volunteers which occurred during the past month. Her report to the committee and the public drew a round of applause.

CORRESPONDENCE
Local Government - New Jersey Law Journal - Proposed Budget Cuts - self explanatory
League Alert Background Checks - Copies of this alert containing new procedures were passed around to representatives of the Recreation Committee.

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

PUBLIC PARTICIPATION
Jim Guimes expressed his opinion that the citizens of Montague should be in a position to elect their own mayor by establishing a Mayor and Council type of government.

Reginald Cole recommended that if anyone submits a petition that it be turned over to the County Clerk because when one was turned into the Township around seven years ago, it disappeared. He also complained that senior citizens were refused curbside pick-up during the Clean-Up Weekend, and that at one time it was common practice. Also that the town did pick-ups at High Point Country Club. He was told by Mayor Barbagallo that only disabled citizens with proof of disability are entitled to home pick-up. Mr. Cole also recommended that any paperwork coming into the township building should be date stamped and initialed.

Bob DeGroat expressed his view that changing the form of government will not do any good in a community of our size. He urged the committee not to consider changing our form of government.

Dorothy Ames disputed the claim of Reginald Cole that the town did pick-ups at High Point CC, but was reminded by Mr. Barbagallo that it had been tried on a few occasions. Ms. Ames added that Community Corp. paid for the pick-ups on those occasions.

Mr. Brace made a motion to close public participation. Mr. Teufert seconded, and the motion was carried with all in favor.

Mr. Brislin motioned to go into executive session. Mr. Brace seconded the motion, and it was carried with all in favor.

RESOLUTION
R 2008-57

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 executive negotiations;

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

Mr. Tuefert made a motion to come out of executive session. The motion was seconded by Mr. Brace and carried with all in favor.

Mr. Teufert made a motion to name Beryle and Roberta Herman as Montague Township Volunteers of the Year. Mr. Brace seconded the motion, and it was carried with all in favor.

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

The meeting adjourned at 10:10 p.m.

Submitted by,
DIANA FRANCISCO, RMC
Municipal Clerk