MONTAGUE TOWNSHIP COMMITTEE MEETING

JANUARY 16, 2007

Minutes

Regular Session beings at 8:00p.m. unless otherwise noted.

Mayor Utter called the meeting to order at 7:00pm. Those present were: Mr. Barbagallo, Mr. Brislin, Mr. Brace, Mr. Lashendock , Mr. Utter, Attorney Hinkes and Clerk Francisco.

EXECUTIVE SESSION including personnel, employee health benefits, and potential litigation.

WHEREAS, the Township Committee of the Township of Montague, County of Sussex, state of New Jersey finds it necessary to discuss matters relating to possible litigation, and employee health benefits; and

WHEREAS , the Township Committee believes it to be in the best interest of the public to discuss such matters in closed session.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Montague County of Sussex ,State of New Jersey that it shall enter closed session to discuss only the matters mentioned above ; the result of which may be made public immediately thereafter or at a later date.

January 16, 2007

Attest:

Diana Francisco

Acting Clerk

Mr. Lashendock motioned to enter into executive session. Mr.Brislin seconded the motion.

The motion was carried with all in favor.

With no other items to discuss in Executive Session, the Executive session was closed on motion of Mr. Brislin and seconded by Mr. Lashendock. The motion was carried with all members in favor.

Mayor Brislin stated the meeting was being held in compliance with the Open Public Meetings Act P.L.1975, c. 231 and has been duly advertised.

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

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS:

Mr. Lashendock motioned to open to the public. Mr. Brislin seconded the motion. The motion was carried with all in favor. With no public participation, Mr. Barbagallo motioned to close to the public. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Mr. Brislin motioned to amend the agenda to include proposed ordinances COAH and Growth Share Ordinances under the Ordinance section for discussion. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

RESULT OF EXECUTIVE SESSION: Mr. Brislin motioned amend policy to change wording to "all part time employees will be required to pay for health and dental benefits if they want them unless coverage is required by law." and "Grandfather present part time employees who qualify to receive under the SHBP." Mr. Brislin seconded the motion. The motion was not carried by a roll call vote. Ayes: Mr. Barbagallo. Nayes: Mr. Brislin, Mr. Lashendock, Mr. Brace, Mr. Utter.

Mr. Brislin motioned to amend Resolution R-2006- To extend coverage to 90 days from January 16, 2007. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

Two employees are effected by the change in SHBP. Those employees are Toni-Lu Martin and Desrie Picinich.

MINUTES:

Mr. Brislin motioned to approve the minutes of December 26, 2006, regular session. Mr. Lashendock seconded the motion. The motion was carried by a roll call vote. Ayes: Mr. Brislin Mr. Lashendock, Mr. Utter. Abstain: Mr. Barbagallo, Mr. Brace.

Mr.Brislin motioned to approve the minutes of January 9, 2007. Mr. Barbagallo seconded the motion. The motion was carried by roll call vote. Ayes: Mr. Barbagallo, Mr. Brace, Mr. Brislin. Abstain: Mr. Lashendock, Mr. Utter

APPOINTMENTS:

Recreation Committee: Mayor Utter motioned to appoint the following persons to the Recreation Committee. Chairman: Kenneth O'Connor, Co-Chair: John Soracco, Mr. Utter

Charles Teufert, Beverly Berego, Diane Brauchle, John Donovan, and Mary Kapinsky.

-Secretary: Beverly Berego

Mr. Lashendock seconded the motion to appoint the above mentioned persons to the Recreation Committee. The motion was carried by a unanimous roll call vote.

Mr. Utter urged the committee to consider a newsletter when they look at the 2007 budget.

-Municipal Clerk Appointment- Mr. Barbagallo motioned to appoint Diana Francisco to the position of Municipal Clerk for a term of 3 years retroactive to January 1, 2007 at $45,500 per year. $100.00 per meeting session for extra meeting sessions only. The Clerk has waived Health Benefit coverage at this time and is eligible to receive 50% reimbursement for the cost of a single policy premium. Mr. Brisling seconded the motion. The motion was carried by unanimous roll call vote.

-Mr. Brisling motioned to appoint Gail Maura as Treasurer by current ordinance. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

-Deputy Clerk: Mr. Barbagallo motioned to appoint Desrie Picinich to Deputy Clerk for a 1 year term. The motion was not seconded. Mr. Brace motioned to appoint Desrie Picinich as Temporary Deputy Clerk for a period of 3 months, if appointment is not made in three months or by April 16, 2007 then the temporary appointment will be carried as a 1 year appointment. Mr. Barbagallo seconded the motion. The motion was carried by a unanimous roll call.

Engineer -Tax Maps: Mr. Brisling motion to table the appointment of Engineer for Tax Maps. Mr. Brace seconded the motion. The motion was carried with all in favor.

-Fire Marshall and Fire Prevention Officer. Mr. Brisling motioned to reappoint Matt Kansky to both positions. Mr. Brace seconded the motion. The motion was carried by unanimous roll call vote.

-Township Historian- Mr. Brisling motioned to reappoint Alicia Batko as Township Historian. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2007-10 CANCELLATION OF TAX OVERPAYMENTS OR DELINQUENT ACCOUNTS LESS THAN $10.00

Mr. Brisling motioned to adopt the above resolution upon first reading. Mr. Brace seconded the motion. The motion was carried by unanimous roll call vote.

ORDINANCES (first reading)

ORD 2007-01 AN ORDINANCE TO AMEND THE TOWNSHIP LAND USE CODE REGARDING OFF TRACT IMPROVEMENTS NECESSITATED BY CERTAIN DEVELOPMENT PROJECTS.

Mr. Lashendock motioned to adopt the above referenced ordinance on first reading. Mr. Brisling seconded the motion. The motion was carried with by a unanimous roll call vote.

NEW BUSINESS

-Meeting Agenda Policies- Committeeman Utter motioned to adopt a resolution to

have agenda items available to the Municipal Clerk by Thursday noon prior to the scheduled meeting. Agenda items may be suggested by any member of the Committee for either executive agenda and or regular agenda. Any action to amend the agenda needs a motion, a second and a majority vote of the Committee. The resolution to be memorialized at next regular scheduled meeting. Mr. Lashendock seconded the motion. The motion was carried with a unanimous roll call vote.

-2007 Budget and Salary Ordinance- Meeting dates for budget meetings to be finalized by next meeting.

- Bond Renewal- Mr. Lashendock motioned to authorize clerk to have bond Attorney to issue $335.00 in bond anticipation notes. Mr. Utter seconded the motion. The motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

-Flood Mitigation Committee- Appointments were as follows:1. Dave Coss, Coordinator,2. Stormwater Management - Township Engineer: 3. Public Works Foreman- David Berhman: 4. Land Use Board Chair Person- Rich Inella: 5. Local Historian - Alicia Batko 6. Louanne Cular- resident, 7. Joe Lashendock, Deputy Mayor, and 8. Mayor Mark Utter. 9. Building Code Official, Don Stambaugh, 10. Diana Francisco as contact person/ Local Liaison and 11. Jesse Brace-Assistant Emergency Management Coordinator. Mr. Brisling motioned to approve the above mention committee. Mr. Brace seconded the motion . The motion was carried with all in favor.

INCLUSIONARY ZONING ORDINANCE -Mr. Brisling motioned to open discussion to the public. Mr. Barbagallo seconded the motion. The motion was carried with all in favor. A lengthy discussion took place. Land Use Board has proposed a $28,400 in COAH fee ordinance. Discussion regarding the potential problems which may include a Builders Remedy Suit against the town, if the township does not act upon adopting an Inclusionary Zoning Ordinance. The township has an obligation to the state. Mr. Brace motioned to close to the public. Mr. Lashendock seconded the motion. The motion was carried with all in favor. Mr. Brisling motioned to make copies of the Inclusionary Zoning Ordinance and The Growth Share Ordinance available to the public free of charge. The motion was not seconded.

Mr. Brisling motioned to have the Township Attorney contact the Land use Board attorney Mr. Haggerty to proceed with an adoptable Inclusionary Zoning Ordinance and Growth Share Ordinance. Mr. Lashendock seconded the motion. The motion was carried by a unanimous roll call vote. Mr. Brisling motioned to permit Mayor Utter to pursue any additional information from any source deemed necessary by the Mayor. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Mr. Brisling motioned to table the above referenced ordinances until next meeting. Mr. Brace seconded the motion. The motion was carried with all in favor.

-Shared Service Agreement- Mr. Brace motioned to table agreement and add it to the next executive session. Mr. Barbagallo seconded the motion. The motion was carried with all in favor.

-Board of Health Calendar 2007 :March 6, 2007, June 19, 2007, September 4, 2007 and December 4, 2007. Mr. Brisling motioned to approve the above Calendar. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

2006 Auditor Agreement- Mr. Brisling motioned to approve the 2006 Audit Agreement to be conducted by Nissovacia and Company at $15, 825.00 cost to the tax payers. Mr. Lashendock seconded the motion. The motion was carried by a roll call vote. Ayes: 4 Mr. Barbagallo abstained. 2004 Audit Agreement- Mr. Brisling motioned to table the agreement. Mr. Barbagallo seconded the motion. The motion was carried with all in favor.

BILLS- Payment of vouchers.

-Mr. Brace motioned to approve payment of the bills. Mr. Brisling seconded the motion. The motion was carried by unanimous roll call vote.

CORRESPONDENCE

-NJ Transit -Public Meeting

-Time of Decision Rule- Resolution

-Habitat for Humanity

-Office of Smart Growth Re: Receipt pf Center Designation Monitoring Report

-Planning Implementation Committee

The above correspondence was accepted.

PUBLIC PARTICIPATION

-Mr. Brisling motioned to open to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.

-No comment from the audience.

Mr.Brace motioned to close public participation. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Mr. Brisling motioned to adjourn the meeting. Mr. Lashendock seconded the motion. The motion was carried with all in favor.

Submitted by,

Diana Francisco

Clerk

02/13/07

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