5:00 p.m.

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 employment relationship;

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. Utter motioned to adjourn executive session. The motion was seconded by Mr. Brace, and it was carried with all in favor.

The regular session reconvened at 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.

Mayor Barbagallo expressed his gratitude to the Recreation Committee for the Memorial Day observance and activities over the weekend.

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

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
No member of the public wished to be heard regarding the agenda items.

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

MINUTES
Mr. Brace made a motion to table the approval of Minutes of May 13, 2008 Regular Session and May 13 Executive Session. Mr. Brislin seconded, and the motion was carried with all in favor.

RESOLUTIONS

R 2008-44 RESOLUTION AWARDING TRACTOR/MOWER BID
- Mr. Brace moved to table the motion. It was seconded by Mr. Teufert, and carried with all in favor.

R 2008-46 RESOLUTION TO SOLICIT BIDS FOR BEERSKILL ROAD RETAINING WALL
- Mr. Brace made a motion to table the resolution. Mr. Teufert seconded the motion, and it was carried with all in favor.

R 2008-48 RESOLUTION APPOINTING TAX MAP ENGINEER
- Mr. Brislin made a motion to appoint Remington and Vernick Engineers. Mr. Teufert seconded the motion. The motion was carried by a majority Roll Call vote:

ROLL CALL:
Mr. Brace: NO
Mr. Brislin: YES
Mr. Teufert YES
Mr. Utter YES
Mr. Barbagallo YES

R 2008-55 ANNUAL AUDIT
- Mr. Brislin made a motion to accept the annual audit. Mr. Teufert seconded the motion, and the motion was carried by a unanimous roll call vote.

R 2008-58 AUTHORIZATION OF TAX SALE CERTIFICATE BY ASSIGNMENT
- Mr. Brislin motioned to approve the resolution. Mr. Brace seconded the motion, and it was carried by a unanimous roll call vote.

R 2008-59 REFUND OF DUPLICATE PAYMENT BY OUTSIDE LIEN HOLDER
- Mr. Brislin motioned to approve the resolution. Mr. Brace seconded, and it was carried by a unanimous roll call vote.

R 2008-60 IN REM FORECLOSURE
- Mr. Brislin made a motion to approve the resolution. Mr. Brace seconded, and it was carried by a unanimous roll call vote.

R 2008-61 SHARE GRANT APPLICATION RESOLUTION
- Mr. Brislin made a motion to approve the resolution. Mr. Utter seconded the motion. A short discussion between Mr. Utter, Mayor Barbagallo and Attorney Padula ensued regarding any obligation the Township may have in agreeing to this resolution. Having decided there was none, the motion was carried by a unanimous roll call vote.

ORDINANCE (first reading)
ORD 2008-06 SALARY ORDINANCE AMENDMENT - Mr. Brace motioned to approve the Amendment. Mr. Teufert seconded the motion, and it was carried by a unanimous Roll Call vote.

UNFINISHED BUSINESS
Coss Lane Drainage Easement - Attorney Padula indicated discussion should take place in Executive Session since it concerns potential liability or lack of liability by the Township. Mr. Brislin made a motion to table for consideration after executive session. Mr. Brace seconded the motion, and it was carried by a majority roll call vote.

ROLL CALL:
Mr. Brace NO
Mr. Brislin YES
Mr. Teufert YES
Mr. Utter NO
Mr. Barbagallo YES

Shared Services (Letter from Sparta Township) - Mr. Teufert recommended the committee contact Sparta Township and discuss with them what possible savings or advantages may exist. Mr. Brislin made a motion to contact Sparta Township for the above purpose. The motion was seconded by Mr. Teufert, and carried by a unanimous roll call vote.

Appointment of Committee Member to Represent Montague Regarding Sussex County Solid Waste Advisory Council (SWAC). Mayor Barbagallo reported that Clerk Francisco has been taking care of this and doing a good job. Mr. Utter recommended that whichever committeeman in charge to work with the Clerk become the representative. Mayor Barbagallo indicated he would accept responsibility for the position.

Agreement Between Montague Elementary School and the Township Committee - Attorney Padula reported he had received a call from the attorney for the School Board asking that the matter be put off until the next meeting when the Board President will come and speak about it. Mr. Teufert made a motion to table the matter until such time as the Board President has been heard. Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote.

New Myrtle Drive - Upon advice from counsel, Mr. Utter excused himself from discussion on this matter since he is a resident of New Myrtle Drive. Attorney Padula updated the committee that he had received a copy of former counsel Hinkes’ file and was waiting to hear from Richard Clark, Esq., who wanted to meet with him and members of the committee to discuss this. Mr. Brislin indicated that he had asked this matter be put on the Agenda since a resident of New Myrtle Drive who had come before the Committee several meetings ago claimed certain things still hadn’t been done. He suggested our DPW Foreman contact this individual to see what can be done to make the road more passable. Mayor Barbagallo maintained that it is not a Township responsibility, although efforts were made to help the residents who live at the upper part of that road, and more work is intended to be done. He indicated to Mr. Brislin that a definitive answer would not be forthcoming until the DWP schedule was consulted. Mr. Teufert suggested that without the Township implying responsibility, perhaps millings from the County doing work on Clove Road could be used to even out New Myrtle, possibly with the Township’s grader. After a lengthy discussion among the Committee and Attorney Padula, and several amended motions, Mr. Brislin made a motion to use the millings from the County road when the Township grader is available without implying responsibility of the Township. Mr. Teufert seconded the motion. The motion was carried by a majority roll call vote:

ROLL CALL:
Mr. Brace YES
Mr. Brislin YES
Mr. Teufert YES
Mr. Utter Not Present
Mr. Barbagallo NO

CCHP Speed Limits - There was much discussion on this topic by the committee, Attorney Padula and citizens Bogel and Guimes. regarding an Ordinance to support speed limits within that community. Attorney Padula indicated he would continue to work with David Wallace, Esq., attorney for Community Corp. of Highpoint.

COAH Ordinance Plan Endorsement - Mr. Utter advised the Committee that during the last League of Municipalities meeting, the League was planning to file an appeal, and in order to join that coalition, the League is requesting a $500.00 donation from towns opting in. Round 3 COAH regulations will be opposed, and they are exploring the possibility of a class action suit to remove COAH entirely from the State. He indicated his view that it is important we join the coalition and possibly the class action suit as well. Attorney Padula is to look into this further. Mr. Brislin made a motion to expend the amount of $500.00 subject to the availability of funds with the Finance Department. Mr. Brace seconded the motion. The motion was carried by a unanimous Roll Call vote.

Delaware River Toll Bridge Commission - Clerk Francisco advised the Committee that she had spoken to the engineer for the DRTBC, who wanted to ensure that the Township is actively undergoing applying for permits from the FAA as well as permits from the DCA for a building permit for the generator; basically to be informed of progress being made. Mr. Utter apprized the Committee that details are missing from the plans. Mayor Barbagallo stated that he objects to the rear portion of the property being used for a heliport because it will tie up that land, when there was never a problem with the front location. Mr. Utter reminded the Committee that the FAA was here to do a site evaluation several years ago that opposed the present site due to clearance problems. Clerk Francisco stated that the Commission required the project be more than a Park and Ride, after which Mayor Barbagallo said the heliport was never part of the original plan. After some further discussion, Mr. Utter made a motion that two Committeemen be appointed to meet with our engineer to get the issues resolved so an application can be submitted to the Bridge Committee. Mr. Brace seconded the motion. The motion was carried with all in favor. It was decided that Mr. Utter and Mr. Teufert would meet with the engineer.

APPLICATIONS
Red Light Permit - Jesse Brace - Mr. Brislin made a motion to approve the application. Mr. Teufert seconded the motion, and it was carried with all in favor.

Blue Light Permit - Douglas A. Drake - Mr. Teufert motioned to approve the application. Mr. Brace seconded, and the motion was carried with all in favor.

NEW BUSINESS
Mr. Teufert indicated the Recreation Committee would like to be able to select the vendors for the fireworks display for Montague Day, cost up to $3,500.00. Mr. Brislin made a motion to authorize such expenditure subject to certification of funds by the CFO. Mr. Brace seconded the motion, and it was carried with a unanimous roll call vote.

CORRESPONDENCE
Letter from Orange and Rockland Utilities, Inc. indicating tree line maintenance is scheduled for May 22.

Rural State Police Towns - Mayor Barbagallo read the letter and suggested the public be involved in discussion. Mr. Brislin made a motion to open public participation. Mr. Teufert seconded the motion, and it was carried with all in favor.

PUBLIC PARTICIPATION
Brian Wagner questioned the Committee about actions being taken regarding correspondence he found on his doorstep from the Department of Environment Protection Agency concerning violations of State law by officials of this town, and asked if a special committee was appointed to investigate the matter. He requested that Mr. Utter speak up about it. Attorney Padula advised the Committee not to discuss matters concerning Township employees in public session without such employee or employees having been first served a R.I.C.E. notice, and added that shouldn’t be discussed in public anyway. Attorney Padula commented that it appears to be a private issue and doesn’t believe any of this was done in Mr. Utter’s official capacity and the Township should not be involved in it at this point since the state is looking into it. Mr. Mr. Van Wagner disagreed and also added if there is corruption it needs to be fixed. Mr. Padula responded that there is nothing in the documents that suggests corruption. Mr. Van Wagner said it is his question and later he apologized and indicated that he had misspoke; he meant to say misuse.

Mr. Utter read the following statement:

“I do have a notice from the DEP on a project in Holiday Lakes. I am working with various State agencies and with my attorney and engineer to resolve the issues. I want to be very clear that no governmental entity has ever made the slightest hint of unethical conduct or misuse of my position. Any reference to such behavior seems very politically motivated and I will explain why in a moment. From time to time people involved in construction projects inadvertently commit DEP violations. With New Jersey regulation and various interpretations it is not hard to do. It’s not even uncommon. And let’s be honest. If DEP violation were reason to disqualify someone from serving on this Committee, there would be a couple of vacancies. And it would happen more over the years. As I generally do, I work with an engineer on this project, and we were in compliance and no permits were inappropriately received. There is no and there will be no evidence to the contrary. It is disappointing that some, perhaps even some on this dais, are attempting to take a political gain from somewhat routine process. I realize this situation is not something new. From the letters that were made public from the first notice of this violation was in November of 2007. It would seem far more above board if these questions were raised several months ago. The individuals who have disseminated this information, much of it disinformation, have known of this situation for quite some time. Why now? Now, something you are not being told. And this is important. I want to make sure everyone hears it and understands it. As of today, I have permission to return to the job site, I have authorization from the construction official to finish. I have authorization from Sussex County Soil Erosion to finish, because that is site stabilization. Here’s the bottom line. The DEP assets that I violated an encroachment regulation. The ongoing legal process will determine if the violation occurred, and if such violation did occur, it was inadvertent. There is not even alleged misuse of my position. I unequivocally tell you there is no misuse of my office or position. Beyond this I have nothing more to say. I intend to allow the legal process to work its way through. Until then, this is not the forum for this discussion. Certainly the public can have their say. I am asking my supporters to allow the statement I have just made to stand on its own. I do not want tonight to become a tit for tat. Throughout my term in office and through this campaign process, there have been clear distinctions between me and some I serve with and some who seek this office. I believe the issues are clear. I do not want nor do I want my supporters to take part in any further politicizing this situation from tonight’s meeting. There are two other committee members here who have had notice of violations and they have answered to the DEP. And I am going to refer to the Mayor because he did, and he answered. He had one. Former committeeman Zitone had one. He answered to the State.”

Jim Guimes read a statement which is part requested the Committee place on the ballot, in November the following question: “Do the citizens of Montague wish to change our form of government from a Township Committee form of government to a Mayor and Council form of government?”

Mark Krebs attempted to read from a letter written by Mr. Brislin and make comments thereto but was told by the Mayor he could either read the letter or make comments, not both.

Reginald Cole used the adage that ‘junkyard dogs bite at night and lick each others’ wounds in the morning’ to refer to his interpretation of the actions of the sitting Committee. He asked when the Committee was going to wake up and work as a team. This drew applause from the public.

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

Mr. Teufert made a motion to go into Executive Session. Mr. Utter seconded, and the motion was carried with all in favor.

RESOLUTION

R 2008-57A

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.

RESULTS OF EXECUTIVE SESSION
Mr. Utter motioned to have the Township of Montague seek bids under the bid threshold and install a 24 inch drainage pipe across the land owned by Wade Coss under the guidance of the Township Engineer and secure an easement. Mr. Brace seconded the motion. The motion was carried by a majority roll call vote.

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

Mr. Utter motioned to request the DPW Foreman to attend the remainder of this years’ meetings to discuss what the DPW has accomplished and what their schedule is for the upcoming two weeks. Mr. Brislin seconded the motion. The motion was carried by a majority roll call vote.

VOTE:
Mr. Brace YES
Mr. Brislin YES
Mr. Teufert YES
Mr. Utter YES
Mr. Barbagallo Abstain

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 6/3/08