OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:00 p.m. announcing that adequate notice has been provided to the New Jersey Herald and the Sunday New Jersey Herald for publication in which notice was given of the date, time, place and general agenda of meetings in accordance with the Open Public Meetings Act.

FLAG SALUTE
All present were asked to join in the Pledge of Allegiance.

ROLL CALL
Present were Mr. Brace, Mr. Brislin, Mr. Utter and Mayor Barbagallo, Attorney Padula and Clerk Francisco. Mr. Teufert, excused.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Mr Brislin motioned to open to public participation regarding agenda items only. Mr. Barbagallo seconded the motion, and it was carried with all in favor. There being no member of the public wishing to be heard, Mr. Brislin motioned to close public participation. Mr. Brace seconded the motion, and it was carried with all in favor.

The Mayor led the public and the committee in a moment of silence for the late Roberta Herman.

MINUTES
Mr. Brislin motioned to approve the minutes of September 9, 2008 with correction, September 23, 2008 Regular Session and September 23, Executive Session. Mr. Brace seconded, and the motion was carried with all in favor. Mr. Utter abstained from the September 23, 2008 minutes.

COAH PLAN ENDORSEMENT
Attorneys William Haggerty, Township Land Use Board Attorney and Pat MacNamara, from the firm of Scarinci and Hollenbeck were present to discuss the Third Round COAH Plan Endorsement. Both attorneys recommended that the Township submit a Round Three COAH plan because although unlikely, there is still potential for a developer remedy suit. As long as the Township submits a plan before December 31, 2008, the Township will be protected from a suit and has met its obligation. The Land Use Board has recommended that the Committee move forward with a Round Three plan. A special meeting will be necessary with the Land Use Board and Township Committee for approval of the plan to be submitted.

DEPARTMENT OF PUBLIC WORKS
Dave Berhman, DPW foreman, was present to discuss the work that the DPW has completed since the last meeting and what they have scheduled for the next two weeks. Mr. Berhman stated that they had been working on a drainage easement on Overlook Drive, Brookhaven, Minisink, and preparing the equipment for the auction. He also discussed renting a screener to sort through the sweepings, at a cost of $21.00 per ton.

COMMITTEE REPORTS
There were no committee reports.

BILLS LIST
Mr. Brislin motioned to approve the bills list with the exception of Fred Suljic’s bill held at the last meeting. Mr. Brislin amended his motion to approve the bills list as presented and Mr. Barbagallo seconded the motion. The motion was carried by a unanimous roll call vote.

RESOLUTIONS
R 2008-88
REBID BEERSKILL ROAD PROJECT
There was a discussion regarding the second engineer, Harold Pellow’s opinion letter. Mr. Barbagallo stated that he asked Mr. Pellow to give an opinion regarding whether or not the Township was responsible for the repair of the bridge abutment. Mr. Utter stated that the committee previously voted to have a second engineer give an opinion on review and evaluate the current design to repair the wall and bridge abutments, not whether or not a second engineer felt the Township was responsible for the damage to the bridge abutments. Mr. Barbagallo stated that he was only concerned about getting an opinion whether or not the Township was responsible for the repair of the bridge abutment. Mr. Brace motioned to adopt R 2008-88 and re-solicit bids for Beerskill Road retaining wall and road reconstruction. Mr. Utter seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace yes; Mr. Brislin, yes; Mr. Mr. Utter, yes; Barbagallo voted no. Mr. Teufert absent.

R 2008-92
AUTHORIZING THE SALE OF CERTAIN MUNICIPALLY OWNED SURPLUS EQUIPMENT NO LONGER NEEDED FOR PUBLIC USE
Mr. Brislin motioned to adopt R 2008-92. Mr. Barbagallo seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace voted no, Mr. Brislin, yes; Mr. Utter, yes; Mr. Barbagallo, yes; Mr. Teufert absent.

R 2008-93
APPOINTMENT OF PLUMBING SUB CODE OFFICIAL
Mr. Brislin motioned to reappoint Mr. Donald Stambaugh to the position of Plumbing Sub Code Official for a period of four years. Mr. Brace seconded the motion and the motion was carried by a unanimous roll call vote.

R 2008-94
APPOINTMENT OF ELECTRICAL SUB CODE OFFICIAL
Mr. Brislin motioned to reappoint Mr. Christopher Venezia to the position of Electrical Sub Code Official, to a term of four years. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

R 2008-95
OUTSIDE LIEN REDEMPTION
Mr. Brislin motioned to adopt R 2008-95. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

R 2008-96
AUTHORIZATION TO CANCEL TOWNSHIP TAX SALE CERTIFICATES
Mr. Brislin motioned to approve R 2008-96. Mr. Utter seconded the motion. The motion was carried with all in favor.

R 2008-97
REFUND HOMESTEAD REBATE PAYMENTS
Mr. Brislin motioned to approve R 2008-97. Mr. Brace seconded the motion. The motion was carried with all in favor.

ORDINANCES (First Reading)

ORD 2008-09 AMENDMENT TO STANDARD HEIGHT CELLULAR TOWER ORDINANCE
Mr. Brislin motioned to approve Ordinance 2008-09 on first reading. Mr. Utter seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace, No; Mr. Brislin, yes; Mr. Utter, Yes; Mr. Barbagallo, yes; Mr. Teufert, excused.

ORDINANCES (Second Reading)

ORD 2008-07
SPENDING ORDINANCE FOR COSS LANE DRAINAGE EASEMENT
Mr. Brislin motioned to table Ordinance 2008-07. There was no second. Mr. Brace motioned to adopt Ordinance 2008-07. Mr. Brislin motioned to open to the public. Mr. Brace seconded the -motion. No one from the public spoke. Mr. Brislin motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.
Mr. Brace motioned to adopt the Ordinance. Mr. Brislin seconded the motion. The motion did carry by a majority roll call vote. Roll Call: Mr. Brace, yes; Mr. Brislin, no; Mr. Utter, yes; Mr. Barbagallo, no; Mr. Teufert, absent .

ORD 2008-08
AMENDING SUB SECTION 34-12A VIOLATIONS AND PENALTIES
Mr. Brislin motioned to adopt Ordinance 2008-08 on second reading. Mr. Brace seconded the motion. The motion was carried. Mr. Brislin motioned to open to the public. Mr. Cole asked for the committee to explain the ordinance. No other comments were made. Mr. Brislin motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor. The ordinance was adopted by a unanimous roll call vote.

UNFINISHED BUSINESS
Weider Road Project - Mr. Brislin motioned to proceed with the project. Mr. Utter seconded the motion. The motion was carried by a unanimous roll call vote. The Clerk suggested a resolution and change order should be done.

Beerskill Project - Mr. Utter motioned to authorize our attorney to take one last look at the legal responsibility. Mr. Barbagallo seconded the motion. Mr. Barbagallo said no we should not pay our attorney for another legal opinion. Mr. Barbagallo stated he was told there was no legal issue here. Roll Call Vote: Mr. Brace, yes; Mr. Brislin, no; Mr. Utter, yes; Mr. Barbagallo, no. There being no majority, the motion did not carry.

Plan Endorsement - Municipal Assessment - COAH Ordinances were discussed earlier in the meeting.

Model Personnel Policy Manual - Mr. Barbagallo motioned to table the adoption of the model personnel policy manual since no one other than Mr. Utter had a chance to look at it. Mr. Brace seconded the motion. The motion was carried.

REPORTS
Fire Department - submitted the August report for calls.
Tax Collector - The report indicated that $102,216.77 was collected in September and $5,974,783.22 to date in 2008.

CORRESPONDENCE
Mr. Utter motioned to take a ten minute recess. Mr. Brace seconded the motion. The motion was carried by all in favor.

DRJTBC Grant - Mr. Utter motioned to request an extension for the Delaware River Joint Toll Bridge Grant until May1st for substantial completion. Also KSM is in the process of completing the FAA application for the Helipad to also be submitted with the request for the extension. Mr. Brace seconded the motion. The motion was carried with all in favor.

Overlook Grant Application Denial- Grant application was denied by the NJ Department of Transportation.

Sussex County Health Dept. Regarding Outdoor Wood Boilers - Mr. Barbagallo suggested the Land Use Board review the ordinances on Outdoor Wood boilers.

Sussex County Department of Engineering - response to Deckertown Turnpike request - Mr. Barbagallo read the response letter from the County and they had stated that they would install additional signs as we had requested.

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

Resident Al Gorlach complained to the committee of deer that were run over on Hidden Hollow and that there is excessive speeding on that road. He requested the township put up a speed limit sign. He wanted it on the record.

Resident Mr. Faber also complained of people partying at the end of the street and speeding. He also requested horse crossing signs on River Road and Hidden Hollow.

Mr. Brislin motioned to adopt resolution executive session to discuss attorney client privilege regarding the litigation of New Myrtle Drive, DPW negotiations and Nature Conservancy. There will be no action taken the regular session reconvenes. Mr. Brace seconded the motion. The motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION
R - 2008-98

WHEREAS the Township of Montague is authorized, pursuant to N.J.S.A. 10:4-12 to exclude the public from that portion of this meeting for purposes of discussing specific matters as permitted by N.J.S.A. 10:4-12; and

WHEREAS the Township intends to discuss certain matters which are deemed confidential pursuant to N.J.S.A. 10:4-12, in Executive Session; and

WHEREAS at this time the Township cannot determine the time when the discussion to be held in Executive Session will be made public, but will disclose the minutes of the Executive Session when the need for confidentiality no longer exists;

NOW THEREFORE, be it resolved by the Township Committee of the Township of Montague that this meeting shall be adjourned to an Executive Session (closed session) and the public will be excluded in order that the Committee may, in accordance with N.J.S.A. 10:4-13(a), discuss current litigation pertaining to New Myrtle Drive, Nature Conservancy Land Acquisition and Personnel Matters relating to DPW negotiations, and upon reconvening this public meeting the Mayor or his designee will announce, if possible, the time when and the circumstances under which the discussion conducted in Executive Session will be disclosed to the public. This resolution is authorized and allowed by and pursuant to N.J.S.A. 10:4-13.

NOW THEREFORE, be it further resolved by the Township Committee that pursuant to N.J.S.A. 10:4-13(b) the time when and the circumstances under which the discussion conducted in closed session of the public body can be disclosed to the public is when the need for confidentiality no longer exists.

Diana Francisco, RMC
Municipal Clerk

The committee returned from executive session. Mr. Brislin motioned to open regular session and Mr. Utter seconded the motion. The motion was carried with all in favor.

ADJOURN
Mr. Brislin motioned to adjourn. Mr. Brace seconded the motion. The motion was carried with all in favor and the meeting adjourned at 10:12 p.m..

Submitted by,

Diana Francisco, RMC
Municipal Clerk