OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:07 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 Mayor Barbagallo, Mr. Brace, Mr. Brislin, Mr. Teufert, Mr. Utter, Attorney Padula and Clerk Francisco.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Mr. Brislin motioned to open to public participation regarding agenda items only.  Mr. Teufert 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. Teufert seconded the motion, and it was carried with all in favor. 

MINUTES
Mr. Brislin motioned to approve the minutes of August 26, 2008 Regular and Executive Sessions.  Mr. Teufert seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
DPW Foreman Dave Berhman gave his report on projects since the last meeting, including work on Minisink and Durol Drives and Beerskill Road.  Mayor Barbagallo read a letter from a resident commending the work done by the DPW and the friendly professionalism of the crew.  Mr. Utter indicated the drainage repair on one property on Chubby Lane has caused a drainage problem for the adjoining property.  He suggested either the curb be shortened a couple feet or a trench be dug to remedy the problem.  Dave Berhman was instructed to return to the site for inspection.  Mr. Utter also mentioned a cross drain problem on Rubin Hill Road.  Mr. Barbagallo suggested a workshop session to address the drainage problems.  Mr. Brace motioned to have our engineer and Dave Berhman evaluate the ditch on Rubin Hill and try to obtain an easement.  Mr. Brislin seconded the motion, and it was carried by a unanimous roll call vote.

PAYMENT OF VOUCHERS
Mr. Brace questioned the invoice from Fred Suljic, Township Planner.  Mr. Brislin made a motion to approve all invoices except for the one in question, #980 which will be added on to the next voucher list.  Mr. Brace seconded the motion, and it was carried by a unanimous roll call vote.

RESOLUTIONS

R 2008-082
REFUND OF ASSESSMENT FOR IMPROVEMENTS OVERPAYMENT — BLOCK 16.01, LOT 1
Mr. Brislin motioned to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2008-083
RESOLUTION AUTHORIZING A REFUND OF OVERPAID PROPERTY TAXES
Mr. Brislin motioned to table this resolution. Mr. Teufert seconded the motion, and it was carried by a unanimous voice vote.

R 2008-084
REFUND DUPLICATE TAX PAYMENT
Mr. Brislin motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

R 2008-083
RESOLUTION AUTHORIZING A REFUND OF OVERPAID PROPERTY TAXES TO ALICIA AND ANTHONY BATKO RELEASING THE MUNICIPAL TAX COLLECTOR FROM THE DUTY OF COLLETING THE AMOUNT ERRONEOUSLY OVERBILLED.

Mr. Brislin motioned to approve the resolution.  Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2008-085
REJECTION OF BIDS FOR BEERSKILL ROAD PROJECT

Mr. Brislin motioned to approve the resolution.  Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

NEW BUSINESS

Model Personnel Policies and Procedures Manual - Mayor Barbagallo requested the committee to read through the manual and come back to the next meeting with their input.  He suggested a workshop where this and the drainage issues could both be addressed. 

UNFINISHED BUSINESS

COAH Plan Endorsement -
Clerk Francisco advised the committee that pursuant to a conversation she had with Fred Suljic, that Fred is requesting a meeting with the Plan Endorsement Advisory Committee.    The meeting is scheduled for September 22 at 7:00 p.m.

Coss Lake Drainage Easement -
Still waiting for a price quote on pipe. 

Agreement Montague School and Township Committee -
Mayor Barbagallo indicated the sub-  committee met with the School Board President, and school board  will revisit the contract and get back to the township committee. 

Coss Lane Drainage Easement -
Mr. Brace indicated that we are awaiting a one price quote for material.

Gypsy Moth -
Mr. Brace made a motion to reverse the resolution on non-binding referendum for gypsy moth spraying.  Mr. Teufert seconded the motion, and it was carried by a unanimous roll call vote.

Beerskill Road Project -
Mayor Barbagallo, Mr. Teufert and DPW Foreman Dave Berhman visited the site with Mr. Pellow.  Pellow’s report to be forthcoming.  Mr. Teufert indicated that Mr. Pellow felt the erosion under the bridge abutment was not made worse by the existing wall, that the wall was saving the bridge abutment. Yet both are undermined.  Emergency permits could be obtained for work in the stream bed although pouring concrete would not solve the problem. 

Rural Policing -
Attorney Padula requested the committee to review his draft and give any comments to Clerk Francisco.

CCHP Properties -
Mayor Barbagallo stated that these six properties are un-buildable and will be deed restricted.  CCHP asked they be turned over to them.  After a brief discussion among the committee it was decided to have a resolution for the next meeting in order to go through with the process.

Weider Road -
Certification of Asphalt - Mr. Brace motioned to go forward as stated in the bid package with no additional compensation.  Mr. Brislin seconded, and the motion was carried by a unanimous roll call vote.

Salt and Grits -
Mr. Teufert informed the committee that the County Shared Services Coordinator has indicated the township can use their salt and grits mixture located in Layton, that the township need only show up and have it loaded onto our truck.    Mayor Barbagallo will get some prices for renting a screener for grit.  Mr. Teufert will approach the County regarding pricing for salt and grits, storage, loading, etc. so that the prices can be compared to our internal costs. 

MONTHLY REPORTS
Tax Collector - Taxes Collected in August: $1,454,121.11, Year to Date: $5,872,566.454

CORRESPONDENCE
National Park Service - Federal Highway Administration - This is a letter concerning a  traffic study.  A meeting will take place on Thursday, September 25 in Bushkill Pa.  

Helistop - Letter from Township Engineer will have bid packages for the next meeting for the Park-n -Ride and generator .
Mr. Utter indicated there were revisions to be made to the plans and resubmitted to the DRJTBC for approval  and that approval must be granted prior to advertisement for bids. 

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

PUBLIC PARTICIPATION

Dick Soissen - Complained of speeding motorcycles along Deckertown Road throughout the summer, particularly on weekends, and that when he questioned State Troopers he was told they do not issue tickets on County roads.  He also brought the committee’s attention to a sign that blocks motorists’ visibility.  Mr. Utter made a motion to have letters sent to the County Engineer’s office requesting the sign be relocated or removed, to the Sheriff’s Office requesting that the Deckertown/New Road section be patrolled on weekends, and a similar letter to the State Police.  Mr. Brace seconded the motion.  He also requested that the Sheriff’s Office be contacted by telephone before the weekend..

Alicia Batko - Suggested that when the letters are written to include that there is no speed limit posted on Deckertown.  Mr. Utter amended his motion to include this, and Mr. Brace seconded.  The motion was carried with all in favor.

Reginald Cole - Suggested the Township use surplus from the budget to finance gypsy moth spraying for the whole town.

Ron Ruberto - Commented on the uneven surface of newly paved Clove Road.

There being no other member of the public wishing to be heard, Mr. Brislin motioned to close to the public.  Mr. Teufert seconded, and the motion was carried with all in favor.

RESOLUTION

R- 2008-86    
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 collective negotiations and attorney-client advice re personnel matters.

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

The committee resumed regular session.  
Mr. Brislin motioned to close executive session.  Mr. Teufert seconded the motion.  The motion was carried with all in favor.

Mr. Brace made a motion to adjourn.  Mr. Brislin seconded the motion, and it was carried with all in favor.

Submitted by,
Diana Francisco,
Municipal Clerk