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MINUTES OF MONTAGUE TOWNSHIP COMMITTEE MEETING
May 13, 2008

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.

Mayor Barbagallo requested a moment of silence for the late John Ardler, who had dedicated over 40 years of volunteer service on various committees for the Township of Montague

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

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS-
Mayor Barbagallo informed the audience that if anyone should have any comments or questions to please raise their hand. Mr. Bob De Groat raised his hand. Mr. Teurfert motioned to open to the public. Mr. Brace seconded the motion; the motion was carried with all in favor. Mr. De Groat asked the Committee if they would be opening the adoption of the budget to the public for discussion? Mayor Barbagallo, responded yes, it is a requirement to open discussion of the budget to the public on final adoption. There were no further questions. Mr. Teufert motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.

MINUTES April 8, 2008 Regular Session, March 25, 2008 and April 8, 2008 Executive Sessions
Mr. Brislin motioned to approve the minutes as listed. Mr. Teufert seconded the motion. The motion was carried by a roll call vote.

COMMITTEE REPORTS
- Administration, Health and Welfare, Public Works, Finance, Public Safety
There were no committee reports were given.

UNFINISHED BUSINESS

Tractor-Mower Bid Award
Mr. Brace reported that Hudson Valley Tractor appears to have the lowest bid however they may not be the most responsible bidder and may not meet the bid specifications. Mr. Teufert motioned to have the Township Attorney review the individual bids and report to the committee at the next meeting. Mr. Brace seconded the motion. The motion was carried with all in favor.

Coss Lane Drainage Easement
Michael O'Krepky, the Township's Engineer was present to discuss the options to improve the drainage issues should the Township Committee decide to do so. Mr. Teufert motioned to have the attorney review any legal issues and the Township's responsibility to maintain easements and/or correct any drainage issues on the property discussed and to prepare for discussion at the next committee meeting. Mr. Brace seconded the motion. The motion was carried with all in favor.

Romyns Property and Other Drainage Issues
Mr. O'Krepky recommended that the Department of Public Works clear out the swales and drainage ditches located on the municipal roads then evaluate performance.

Chubby Lane
Mr. Okrepky reported to the committee that at 3 Chubby Lane there is a proper crown of 2% however he suggested the DPW clear out swales and install an extruded curb and that should help with drainage problems on Chubby Lane.

Mayor Barbagallo recommended that he and Mr. Teufert meet with the DPW to discuss what equipment will be needed to perform the service.

Mr. Utter motioned to have the Engineer look at Beach Drive and Galloping Hill with the DPW Foreman and make a recommendation to the committee. Mr. Teufert seconded the motion. The motion was carried with all in favor.
Mr. O'Krepky also left with the Committee a set of plans for the Park- N- Ride Grant.

Shared Services
Mayor Barbagallo and Mr. Teufert informed the committee and the public regarding the recent meetings with Wantage Township and Sussex Borough. Conclusions were drawn at those meetings that the Township may be interested in pursing shared truck washing facilities, in the near future. A Joint Court System with Wantage Township and Sussex Borough would not save, nor cost anymore than the current Court System with Frankford and would be just a lateral move.

Appointment of Committee Member to Represent Montague regarding Sussex County Solid Waste Advisory Council SWAC - Next Meeting

Agreement Montague School and Township Committee
To be addressed at next meeting.

RESOLUTIONS
Mr. Brislin motioned to adopt the following resolutions at in one motion; R 2008-45,47,49,50,51,53 and 54. Mr. Teufert seconded the motion. The motion was carried with all in favor. Mr. Brislin motioned to adopt the resolutions stated. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote.

R 2008-47
TONNAGE GRANT APPLICATION RESOLUTION R 2008-45 RESOLUTION TO SOLICIT BIDS FOR WEIDER ROAD

R 2008-49
TOTALLY DISABLED VETERAN PROPERTY TAX EXEMPTION

R 2008-50
APPOINTMENT OF PUBLIC WORKS MANAGER OR EXEMPTION

R 2008-51
OUTSIDE LIEN REDEMPTION

R 2008-53
REFUND OF DUPLICATE TAX PAYMENTS

R 2008-54
PROPOSAL FOR THE SALE OF TAX SALE CERTIFICATES BY ASSIGNMENT

R 2008-44
RESOLUTION AWARDING TRACTOR /MOWER BID

Mr. Brislin motioned to table R 2008-44. Mr. Teufert seconded the motion. The motioned was carried with all in favor.

R 2008-46
RESOLUTION TO SOLICIT BIDS FOR BEERSKILL ROAD RETAINING WALL

Mr. Teufert motioned to table R 2008-46 until bid package available from the Engineer. Mr. Brace seconded the motion. The motion was carried with all in favor.

R 2008-48
RESOLUTION APPOINTING TAX MAP ENGINEER ASSIGNMENT

Mr. Teufert motioned to table R 2008-48. Mr. Brace seconded the motion. The motion was carried with all in favor.

ORDINANCES (Second Reading)

ORD 2008-004
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

Mr. Brislin motioned to open to the public on second reading. Mr. Cole requested an explanation on the Ordinance. The Township Attorney explained that the percentage that you may increase your budget by is regulated by the State Government which is 2.5%. Mr. Utter motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. Mr. Brislin motioned to adopt Ord 2008-004. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

BILLS
Payment of Vouchers

Mr. Brislin motioned to pay the vouchers. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

BUDGET ADOPTION
Mr Brislin motioned to open for discussion. Mr. Brace seconded the motion. The motion was carried with all in favor.

Mr. Brislin motioned for the committee to consider increasing by $60,000.00 the surplus anticipated on line one of sheet 11 of 2008 budget in effect it would increase from $410,000 to $470,000 the amount of surplus that the committee would be using to supplement the budget and the off set would be for a $60,000.00 decrease in the local tax for municipal purposes which is on line 6A of sheet 11 of the 2008 budget. Which in essence would reduce the amount of tax for municipal purposes from $941,331.01 to $881,331.01 thereby making it close to an even break. Mr. Barbagallo seconded the motion.

Heidi Wohleb the Municipal Accountant and auditor expressed her concerns which are that she predicts that the fund balance to be down $120,000 next year. If the Committee chooses to use another $60,000 from surplus this year, we may not be able to reduce surplus in the 2009 budget year.

Mr. Brislin suggested that we are underestimating the local tax from what was actually collected in 2007. Mr. Barbagallo agreed.

Mr. Teufert expressed that he is concerned that if we take out the $60,000 out this years surplus, that next year we will guarantee a sizable tax increase .

Mr. Brace commented that there is no increase in the school tax this year, next year if the school tax goes up, then we should cut the municipal budget. He does think a $27.00 increase on the average homes tax for the year is not excessive. Lets try and have a flat budget next year.

Mr. Brislin motioned to open to the public on second reading. Mr. Teufert seconded the motion. The motion was carried with all in favor. Several members of the public commented on the 2008 proposed budget.
Mr. Teufert motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.
Mr. Brislin motioned to reduce the surplus anticipated by $60,000.00. Mr. Barbagallo seconded the motion. The motion was not carried by a roll call vote. VOTE: Mr. Brace, no; Mr. Brislin, yes; Mr. Teufert, no; Mr. Utter, no; Mr. Barbagallo, yes.

Mr. Teufert motioned to adopt the budget on second reading as proposed. Mr. Brace seconded the motion. Mr. Teufert motioned to open to the public on second reading. Mr. Brislin seconded the motion. The motion was carried with all in favor. No public comment was made. Mr. Brace motioned to close to the public. Mr. Teufert seconded the motion. The motion was carried with all in favor. The budget was adopted by a majority roll call vote. VOTE: Mr. Brace, yes; Mr. Brislin, no; Mr. Teufert, yes: Mr. Utter, yes; Mr. Barbagallo, no.

The municipal Clerk read the resolution adopting the budget in full.

Resolutions (continued)
R 2008-56
RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION N.J.S.A. 40A:4-87

Mr. Brislin motioned to adopt R 2008-56. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

NEW BUSINESS

2008 Spring Clean-up
JUNE 7&8 The Clerk reported to the Committee that she had requested price quotes for Spring Clean-up from 4 different companies and had the following two responses

  • Waste Management
    quote $175.00 per pull, and $93.00 per ton.
  • Northern Sanitation
    $590.00 disposal of up to 4 tons and $93.00 per extra ton per container/
    Price per pull at $225.00 per pull and $93.00 per ton.
Mayor Barbagallo requested that the Clerk find out if a truck is available for the curb side pick up for the disabled and if containers will be left at the DPW and get back to the Committee.

Volunteer Dinner
The Township Committee suggested that the Clerk make the arrangements for the Volunteer Dinner.

Summer Hours
Mr. Teufert motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. Several members of the audience offered suggestions regarding summer hours, as well as pros and cons.
Mr. Brislin motioned to approve a Summer Hour Schedule similar to the last year summer schedule. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote. The Municipal Building Office hours for 2007 were from Memorial Day, 2007 to Labor Day, 2007, Monday through Thursday 8:00am to 5:45 PM. Friday the offices were closed.
(2008 schedule will begin on June 2, 2008 and end on August 31, 2008)

Mr. Utter motioned to take a 5 minute break.
Mr. Brace motioned to resume meeting. Mr. Teufert seconded the motion. The motion was carried with all in favor.

Use of Ball Fields- Route 206 - National Park Service Property
Mr Barbagallo requested that the Clerk request a meeting with the National Park Service Superintendent to discuss the Use Agreement for the Ball Fields on Route 206. Mr. Teufert suggested Mayor Barbagallo take Darren Ponce, from Recreation Committee to attend that meeting with him.

REPORTS

Clean Communities/Recycling
Toni-Lu Martin gave an update on the current program.

Tax Collector Report
April 2008 $724,828.00 Year to date $2,747,815.13

Annual Tax Lien Sale
71 liens purchased by outside buyers. 170 liens are still held by the Township

Recreation
June 2, 2008 Community meeting regarding 2008 Montague Day is being held at 7:00pm at the Municipal Building.

CORRESPONDENCE

Statewide Insurance Fund
Resolutions referring to, loss prevention and workers compensation benefits.

Echelon Hill Climb Time Trial bicycle race
seeking permission to hold a race. Mr. Brislin motioned to accept the bike race. Mr. Teufert seconded the motion. The motion was carried with all in favor.

Certification of Rescue Squad Funds Contribution
Mr. Brislin motioned to file certification with the Sussex County Freeholders. Mr. Teufert seconded the motion. The motion was carried with all in favor.

Northwest Bus Study Meeting

Resolution from Deer ParK
A traffic study was completed last week by New York State. Mr. Brislin motioned to adopt a resolution similar to the one DeerPark has adopted for next meeting Mr. Brace seconded the motion. The motion was carried with all in favor.

NJ DOT
Grant available

R 2008-48 APPOINTMENT OF TAX MAP ENGINEER
Mr. Brislin motioned to do a final interview of two engineers prior to the next township committee meeting on May 27, 2008 at 5:00pm. Proper advertisement needed for the meeting to start at 5:00pm.

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

- Mr. Cole stated that the township already had R 2008-49. Mr. Cole asked if there will be a bi-pass on Clove Rd while the Bridge is worked on. Mr. Barbagallo stated that there will be no public bypass only an emergency personnel bypass.

-Dawn Marion expressed her concern about the invasion of Gypsy Moths and why don't we spray. Mr. Barbagallo explained the reasons the committee decided not to spray.

-Alicia Batko- expressed concerns regarding the anticipated High Point State Park closing.

-Bob De Groat reminded the audience of the Meet the Candidate Night currently scheduled for May 19, 2008 at the Municipal Building, refreshments will be served.

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

Mr. Brace motion to adopt R 2008-43 EXECUTIVE SESSION

MONTAGUE TOWNSHIP
R 2008-57
RESOLUTION AUTHORIZING EXECUTIVE SESSION
PURSUANT TO N.J.S.A. 10:4-12

BE IT RESOLVED by the Township Committee of the Township of Montague, County of Sussex, State of New Jersey, that pursuant to the Open Public Meetings Act, N.J.S.A. 10:4-12 (B), specifically:

Matters Relating to the Employment Relationship:

Matters Relating to Litigation, Negotiation, and the Attorney-Client Privilege:

AND BE IT FURTHER RESOLVED, it is anticipated that the deliberation conducted in closed session may be discussed 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

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Montague, County of Sussex, State of New Jersey, at a meeting held on May 13, 2008..

_____________________________________
Diana Francisco, RMC
Municipal Clerk

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

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

Submitted by,

Diana Francisco
Clerk