7:00 p.m.

OPENING STATEMENT
Mayor Barbagallo called the meeting to order 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
No member of the public wished to be heard regarding the agenda items.

Professionals
Fred Suljic, Municipal Planner, gave a lengthy report to the committee regarding the Township=s obligations under COAH Third Round Rules. The Committee decided to meet and discuss the matter at a later date.

MINUTES
Mr. Brace made a motion to table the approval of Minutes of March 11 Regular Session. Mr. Brislin seconded, and the motion was carried with all in favor. Mr. Brace motioned to approve the Executive Session Minutes of March 11. Mr. Teufert seconded the motion, and it was carried with all in favor.

RESOLUTIONS
Mr. Teufert motioned to approve the following:

R 2008-33 Dedicated Resolution By Rider - ANIMAL LICENSE FEES,
R 2008-34 Dedicated Resolution By Rider - UNEMPLOYMENT COMPENSATION, and
R 2008-35 Dedicated Resolution By Rider - ACCUMULATED ABSENCES.

Mr. Brace seconded the motion, and it was carried by a unanimous roll call vote.

ORDINANCE (first reading)
ORD 2008-002 SALARY ORDINANCE - Mr. Utter made a motion to approve the Ordinance. Mr. Brace seconded the motion.

Mr. Brace made a sub-motion to increase the line item for DPW Driver/Snow Plower from $12 - $16 to $12 - $22 per hour. Mr. Utter seconded the motion.

ROLL CALL:
Mr. Brace - Yes
Mr. Brislin - Yes
Mr. Teufert - Yes
Mr. Utter - Yes
Mr. Barbagallo - No

The sub-motion was carried by a majority vote.

Mr. Brislin brought to the Committee's attention the salary for Construction Technician $29,100 would increase with the 3.5% raise to $30,000, and that the $4,000 newly recreated Housing Assistant position would make that employee=s raise 13.8%, in his opinion excessive in today=s economy and far greater than that of other employees. He made a sub-motion to increase the $29,100 to $30,100 and decrease the $4,000 for Housing Assistant to $1,000. Mr. Barbagallo seconded the motion.

ROLL CALL:

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

By a majority vote, the sub-motion was not carried.

Mayor Barbagallo commented that he is against the depiction of salary ranges instead of actual salaries, and that he is not sure the arithmetic is correct.

The main motion to approve the Salary Ordinance having been made and seconded, was carried by a majority roll call vote:

ROLL CALL:

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

ORD 2008-003 COAH DEVELOPMENT FEE ORDINANCE - Mr. Utter motioned to table the Ordinance. Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote.

UNFINISHED BUSINESS
CCHP Request for Speed Limit Ordinance - The Committee decided to table this matter pending consultation between counsel.

Coss Lane Drainage Easement - Mr. Brislin suggested the Town Engineer attend the next meeting to explain his recommendations. The Committee agreed.

Bid Opening - Tractor/Mower - The following bids were opened and read aloud:

Hudson River Tractor Co., Goshen NY

Tractor: $36,543.76
Mower: 31,498.00
Combined: $68,041.45

Krempasky Equipment, Honesdale PA

Tractor: $39,068.00 (T6020) 41,286.00 (T6030)
Mower 36,058.00
Combined: 75,126.00 or 77,344.00

Cherry Valley Tractor Sales, Marlton NJ

Tractor: $38,954.24
Mower: 39,726.00
Combined: 78,680.00

Smith Tractor & Equipment Inc., Washington NJ

Tractor: $40,118.00 (T6020) 42,223.00 (T6030)
Mower: $37,662.00
Combined: 77,780.00 Or 79,885

Marshall Machinery Inc., Honesdale PA

Tractor: $37,800.00
Mower: 39,073.00
Combined: $76,873.00

Shoemaker & Lynch, Belvidere NY

Total Tractor/Mower Package: $78,808.24 (T6020)
Total Tractor/Mower Package $81,168.24 (T6030)

Chambers Tractor Sales, Montgomery NY

Tractor Only: $39,987.00
Tractor Only w/optional trans. 40,830.00

Storr Tractor Company, Branchburg NJ

Tractor: $44,947.00
Mower: 37,674.00
Combined: $81,947.00

It was requested that David Berhman, DPW Foreman, review each proposal and give recommendations to the Committee.

Shared Services: Attorney Padula advised the Committee that formal action must be taken to participate in the study. Clerk Francisco advised that she received a verbal reply from Sandyston that they are interested in meeting with any Committee members to discuss shared services. Mr. Utter made a motion to have Mr. Brace and Mr. Brislin communicate with Sandyston, Wantage and Frankford to see what other options are open in that direction. Mayor Barbagallo expressed his interest in being a part of these discussions as well. Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote.

Mountain Top Road - Attorney Padula advised that the Township was asked to look into the status of this road by William Haggerty, Land Use Board Attorney. He indicated the possibility of a need for a title search, and would discuss this with Mr. Haggerty.

NEW BUSINESS
Romyns Property: Flooding - After several suggestions from the members of the Committee and DPW Foreman Dave Berhman, It was agreed to keep this matter on the agenda for the next meeting, after which Mr. Berhman will have had the opportunity to visit the site and make his recommendations.

CORRESPONDENCE
Montague Water & Sewer Company - Mr. Utter stated that he was in the building the prior week when a N.J. Herald reporter called, and he confirmed that there was a pending sale of this utility company pending State approval, which would take about six months. Attorney Padula indicated that he had heard nothing about the impending sale, and that he would have to look into it further and provide a report to the Committee.

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

PUBLIC PARTICIPATION
Lois Kucharek, New Myrtle Drive - Mrs. Kucharek addressed the Committee regarding the unacceptable condition of this road, and claimed the road is the responsibility of the Township. Mayor Barbagallo advised that New Myrtle is a private road, that although it was put in the Township's name years back, it was never accepted as a public street. He also stated that this controversy has been ongoing for years among the Township, the residents of New Myrtle Drive, the respective attorneys and the Township Engineer, without an acceptable solution.

Jim Guimes, High Point Country Club - Mr. Guimes expressed his displeasure over the 196 properties in arrears in taxes totaling over $50,000, while the owner of those properties is working with the Township Planner to develop a plan for affordable housing units under COAH rules and regulations.

Reginald Cole - Mr. Cole requested the Committee inform the public as to what security measures are being taken to monitor the fueling of Township gasoline. Mayor Barbagallo responded that there is a policy in place wherein fueling is to be done only in the daytime in the presence of the DPW Foreman, that locks are being changed, and that other undisclosed measures will be taken. Without going into details, he added that the source of the problem has been detected. Mr. Cole also expressed his concern regarding future pilferage of heating oil.

With no other 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.

Mr. Utter motioned to go into executive session for the purpose of discussing personnel matters and attorney-client communication. Mr. Brace seconded the motion, and it was carried with all in favor.

RESOLUTION

R 2008-036

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 personnel matters and attorney-client communication;

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. Teufert motioned to adjourn Executive Session. Mr. Brace seconded the motion, and it was carried with all in favor.

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

Submitted by,

Diana Francisco
Municipal Clerk 3/31/08