OPENING STATEMENT
Deputy Mayor Utter called the meeting to order at 6:00 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.

Mr. Teufert motioned to go into Executive Session to discuss litigation matters, personnel matters, and collective negotiations Mr. Brace seconded the motion. The motion was carried with all in favor.

R 2008-70

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. Brace motioned to return from closed session and resume regular meeting. Mr. Brislin seconded the motion. The motion was carried with all in favor.

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 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.

There were no public comments made regarding agenda items.

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

MINUTES June 10, 2008 Regular Session and Executive Session
Mr. Brislin motioned to approve the minutes of 06/10/2008. Mr. Brace seconded the motion. The motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS

John Bathgate, the DPW Assistant Foreman was present to discuss which projects were completed by the DPW during the previous weeks and what the DPW will work on during the next two weeks. The work completed included the Township Spring Clean Up Weekend and the oil and stoning of Reinhardt Road, as well as street sweeping and clearing downed trees. They have planned work on Steenykill Road and grading of New Myrtle Drive during the upcoming weeks as well as continued street sweeping. Mr. Teufert asked what the progress has been regarding the drainage issue for the Romyn=s Property on Rubin Hill Road. Mr. Bathgate reported that to his knowledge there has not been anything done and did not recall seeing it on the schedule. The use of grits and street sweeping alternatives were briefly discussed.

MONTAGUE BASEBALL
No one was present from Montague Baseball.

BID OPENING- Weider Road
Mayor Barbagallo opened the following sealed bids for the resurfacing of Weider Road.
Schifano Construction, Middlesex, NJ $110, 843.10.
Tilcon, NY. $99,841.97, and
Owl Construction Inc. $101,010.00.

Mr. Utter motioned to have the Township Attorney and the Township Engineer review the bids submitted. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2008 -52 2008-09 LIQUOR LICENSE RENEWALS
Mr. Brislin motioned to adopt R 2008-52. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote.

R 2008- 66 RESOLUTION APPOINTING REGISTRAR OF VITAL STATISTICS 3 yr term
Mr. Brislin motioned to appoint Desrie Picinich to the position of Registrar of Vital Statistics. Mr. Barbagallo seconded the motion. After some discussion regarding the State Statute, N.J.S.A. 26:11-8, Mr. Brislin withdrew his original motion and motioned to table until the next meeting. Mr. Teufert seconded the motion. The motion was carried with all in favor.

UNFINISHED BUSINESS
Coss Lane Drainage Easement and other Drainage Issues
Attorney Padula reported that his office and the Township Engineer were in the process of obtaining an easement and/or grant of access to perform the work. Mr. Utter motioned to appoint Committeeman Brace to obtain price quotes to have a drainage pipe place in the ground. Mr. Brislin seconded the motion. The motion was carried by a unanimous roll call vote.

Mr. Teufert motioned to solicit bids for the swale on Romyn=s property (Rubin Hill Road) and to have Mr. Brace oversee it. Mr. Brislin seconded the motion. The motion was carried with all in favor.
Chubby Lane- Mr. Teufert motioned to have the Township Engineer review the proposal submitted by resident on 3 Chubby Lane for curbing for $1350.00.Mr. Barbagallo seconded the motion. Mr. Utter suggested that there should be more than one price quote. Mr. Teufert amended his motion to include two additional price quotes to be obtained. Mr. Brislin seconded the motion. The motion was carried by a unanimous voice vote.

Agreement Montague School and Township Committee
Mr. Teufert motioned to accept the agreement with one amendment to change agreement terms to five years from three years. Mr. Utter seconded the motion. The motion was carried with a majority roll call vote.
Vote: Mr. Brace, yes: Mr. Brislin, yes: Mr. Teufert, yes: Mr. Utter, yes: Mr. Barbagallo, no

New Myrtle Drive
Mr. Teufert motioned to invite Attorney Richard Clark to the next Executive Session since he was unable to attend today=s meeting. Mr. Brace seconded the motion. The motion was carried by a voice vote. Mr. Utter abstained.

CCH Speed Limits
Attorney Padula recommended Community Corporation of Highpoint submit a traffic study report as per N.J.S.A. 39:4-8(b). Mr. Teufert motioned respond back to the Community Corporation that if they would do a traffic study, as per established traffic engineering practices, the township committee will then review the results, and base any decision on those results. Mr. Brace seconded the motion. The motion did not pass on roll call vote. Vote: Mr. Brace, yes: Mr. Brislin, abstain, Mr. Teufert, yes: Mr. Utter, abstain: Mr. Barbagallo abstain.

COAH
The Council on Affordable Housing is moving forward with the current COAH regulations despite opposition from the League of Municipalities. The League of Municipalities is moving forward with the Class Action Lawsuit against COAH. The Township Committee had previously voted to participate in the lawsuit.

ADA GRANT -HANDICAP Walkway
The Township received three proposals for the project.

Ferraro Construction- $23,895.00
Pinzone Construction - $20,995.00, (includes 4 inch steel columns) $25,950.00 ( includes 6 inch steel columns)
Schaffert Construction - $17, 800.00

TAX MAP ENGINEER CONTRACT
Mr. Teufert motioned to contract for scenario two, which includes state approved tax maps and GIS implementation $88,780.00 with the newly appointed Tax Map Engineer Company, Remington and Vernick. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

Gypsy Moth
Mr. Utter suggested that the Township Committee consider putting a non binding referendum to have a Gypsy Moth spray program on the November 2008 ballot. After a brief discussion, Mr. Utter motioned to have the township committee obtain price quotes to spray the Township of Montague and place a non binding referendum on the November ballot. Mr. Brislin seconded the motion. The motion was carried by a unanimous roll call vote.

NEW BUSINESS

Township Form of Government
Mr. Brislin motioned to authorize the township attorney to formulate an ordinance in accordance with N.J.S.A. 40, Charter Study Commission with respect to our form of government. Mr. Barbagallo seconded the motion. A discussion ensued among the committee members. Roll Call Vote: Mr. Brace, no: Mr. Brislin yes, Mr. Teufert, no: Mr. Utter, no: Mr. Barbagallo no.

Surplus Equipment
Discussion took place regarding closed auction or open bid auction.

Court Review
Mr. Barbagallo suggested we send notice that we will pull out of the Joint Court System by the end of the year.

National Park Service Agreement
Mr. Barbagallo reported that he and Darren Ponce had attended a meeting with the National Park Service regarding the current contract with them for use of the route 206 Ball Fields.
He reported that the meeting went well, we just need to address the sign.

CORRESPONDENCE
-Upcoming COAH Seminars
- Delaware River Joint Toll Bridge Commission-Bikers/Hikers free shuttle across Milford Bridge
-Consolidation Study Commission for Wantage Township and Sussex Borough.
-Recycling- Mr. Utter motioned have the DPW take the recycling material to SCUMA because the correctional facility will be closing on Friday. Mr. Brace seconded the motion. The motion was carried with all in favor.

PUBLIC PARTICIPATION
Mr. Brislin motioned to open public participation. Mr. Teufert seconded the motion. The motion was carried with all in favor.

Ken O'Connor- Thanked the committee for moving forward with the School Agreement regarding the grounds and would like the opportunity to meet with Mr Padula to review the contract.

Brian Van Wagner- Stated the Township was broken and wanted to complain to the DCA.

Reginald Cole- Glass does not have to be separated you just throw it in there at SCUMA He also asked the committee if anyone knew about the electrical lines. He also talked about recall and the power of referendum.

Fred Sarnelli- Told Mr.Van Wagner he had his back.

Janet Woodenberg- She asked if the Zoning and Construction official received a copy of the DEP notice regarding Mr. Utter's property. She said she will put a list of properties together that she believes do not have proper permits.

Mark Krebs- Stressed to the Committee that they should communicate with each other.

John Bathgate, DPW -Reported that there are 42 linear miles of winter roads which include the Country Club. He also stated that there are 31 Summer Roads. There are 150 catch basins.

Bob De Groat- suggested that the township get a letter from the State Registrar of Vital Statistics regarding appointment.

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

Mr. Brislin reported to the public that the electrical lines Mr. Cole was referring to are called the Susquahana- Rosland Project and that electrical company will be meeting on Monday at 7:00pm. at the Best Western in Matamoras., Pa.

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

Submitted by
Diana Francisco
Clerk

07-08-2008