OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:02 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. Teufert, Mr. Utter, Mayor Barbagallo, Attorney Padula and Clerk Francisco.

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

Mark Krebs asked for an explanation of Resolution 2008-112. Attorney Padula advised him that it would be discussed later.

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.

MINUTES
Mr. Brislin motioned to amend the the minutes of the December 9, 2008 Workshop meeting to reflect his no vote subject to a review of Item #3585 on the motion to approve the payment of vouchers. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote. Mr. Teufert motioned to approve the December 9 Workshop Meeting minutes as amended and the December 9 Executive Session minutes. Mr. Brace seconded the motion, and it carried by a majority roll call vote, Mayor Barbagallo abstaining because he had not read the subject minutes.

DEPARTMENT OF PUBLIC WORKS
Report to the committee was submitted by Dave Berhman, DPW Foreman.

PAYMENT OF VOUCHERS

RESOLUTIONS

R 2008-112 RESOLUTION ADOPTING NOTICE OF TORT CLAIM0
Attorney Padula explained that this Resolution, which he suggested be introduced, has nothing to do with any specific claim, that it is merely a form notice for any person wishing to file a complaint against the municipality. Mr. Brislin motioned to adopt the Resolution. Mr. Teufert

R 2008-114 RESOLUTION RE-PETITIONING THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING WITH AN ADOPTED HOUSING ELEMENT AND FAIR SHAIR PLAN
Fred Suljic, Township Planner, and Pat McNamara, colleague of Attorney Padula, reported to the committee regarding this Resolution adopted by the Land Use Board. Mr. Brislin motioned to approve the Resolution. Mr. Brace seconded. Roll Call: Mr. Brace, yes; Mr. Brislin, yes; Mr. Teufert, No; Mr. Utter, yes; Mr. Barbagallo, no. The motion was carried by a majority.

R 2008-115 PROPERTY TAX DEDUCTIONS FOR 2008
Mr. Brislin motioned to approve the Resolution. Mr. Brace seconded the motion, and it was carried by a unanimous roll call vote.

R 2008-116 REFUND ADDED/OMITTED TAXES OVERPAID
Mr. Brislin made a motion to approve the Resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2008-117 RESOLUTION SETTING FORTH THE TERMS AND CONDITIONS BETWEEN COMMUNITY CORPORATION AND THE TOWNSHIP OF MONTAGUE REGARDING SNOW REMOVAL AND PRE WETTING
Mr. Brislin motioned to approve the Resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2008-118 TRANSFER RESOLUTION
Mr. Brislin motioned to approve the Resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

NEW BUSINESS

Blumhagen award 2008 - Mayor Barbagallo noted there were many outstanding holiday light displays through the town, and announced the Colvin family as recipients of this year’s award.

Joint Services Contracts - Land Use Administrator and COAH Housing Officer; Zoning and Code Enforcement Officer - Mr. Brislin motioned to extend the contracts for one calendar month. There was no second and the motion did not pass. Mr. Brace motioned to approve renewal of the contracts for Land Use Administrator and COAH Housing Officer. Mr. Utter seconded the motion, and it was carried by a majority roll call vote: Mr. Brace, yes; Mr. Brislin, no; Mr. Teufert, yes; Mr.Utter, yes; Mayor Barbagallo, no. Mr. Brace motioned to approve renewal of the contract for Zoning and Code Enforcement Officer. Mr. Teufert seconded, and the motion was carried by a majority roll call vote: Mr. Brace, yes; Mr. Brislin, no; Mr. Teufert, yes; Mr. Utter, yes; Mayor Barbagallo, no.

Insurance Renewal - State Wide and Risk Management Consultant - Membership Renewal - Mr. Brace motioned to approve the renewal. Mr. Brislin seconded, and the motion was carried by a unanimous roll call vote.

MARCH Historic Marker Application - After Mr. Teufert recommended rewording of the marker, he made a motion to authorize submission of the application. Mr. Brislin seconded the motion, and it was carried with all in favor.

UNFINISHED BUSINESS

Property Next Door to Municipal Building - Mayor Barbagallo indicated there was no new information but that he would stay on top of it.

Beerskill Road Project - Letter and report from Harold Pellow Associates. Mr. Teufert indicated during a phone call with Pellow associate Corey Stoner, and it was his opinion that the Township is responsible for the wall. Mr. Barbagallo added that he was informed second hand that FEMA inspected the wall and bridge, and that any work would require a certification. He also said second hand that all bridges are the responsibility of the County. After some heated discussion among the committee regarding responsibility and cost, Mr. Teufert motioned to table the matter until after discussion with township counsel in executive session. Mr. Brislin seconded the motion. Roll call: Mr. Brace, no; Mr. Brislin, yes; Mr. Teufert, yes; Mr. Utter, no; Mayor Barbagallo, yes. The motion carried.

Hidden Hollow - Mr. Teufert encouraged the State Police to patrol the area due to citizen complaints.

Fires 5
Drills 9
Meetings 1
1st Responder Calls 24
NVA’s 4
Auto Alarms 1
Accidents 4
Total Calls 24

Mayor Barbagallo commended the Department and expressed his appreciation for the Department’s good work.

CORRESPONDENCE

Tie a Ribbon Campaign 2008 - Thank you letter from Susan Koman Foundation for Montague’s participation acknowledged.

Anniversary Celebration - Mayor Barbagallo read a letter from Alicia Batko regarding banners and their placement at various locations within the township. It was decided that the exact date for the official celebration will be decided the first meeting in January after Reorganization.

Proposal from Harold Pellow Associates - Advisement acknowledged.

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

George Owen wanted to know what was going to happen with the bridge on Beerskill Road. Mayor Barbagallo answered that nothing would be done this year, and that he did not wish to discuss it in public session as it may become a legal issue.

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

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R - 2008-120
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 discussions 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 legal matters and personnel with or without taking action, and after 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

Mr. Teufert motioned to close Executive Session and return to public Session. Mr. Brace seconded, and the motion was carried with all in favor.

RESULTS OF EXECUTIVE SESSION
Mr. Teufert made a motion to ask the low bidders on the Beerskill project to extend the time in which to decide on an award. Mr. Brace seconded the motion, and it was carried with all in favor.

Mr. Teufert motioned to accept the offer for private sale of the paver by Dave Berhman in the amount of $250.00. The motion was carried by a majority roll call vote: Mr. Brace, no; Mr. Brislin, yes; Mr. Teufert, yes; Mr. Utter, no; Mayor Barbagallo, yes.

Mayor Barbagallo extended his appreciation for service to the Township by Paul Brislin and Mark Utter, and extended best wishes for the holiday season to all present.

ADJOURN
Mr. Teufert motioned to adjourn. Mr. Brace seconded, and the motion was carried with all in favor.

Submitted by,

Diana Francisco,
Municipal Clerk