OPENING STATEMENT

Mayor Barbagallo opened the meeting at 7:06 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. There being no member of the public wishing to be heard, Mr. Teufert motioned to close to the public. Mr. Brace seconded, and the motion was carried with all in favor.

MINUTES
Mr. Brislin motioned to approve the minutes of November 18, 2008 Workshop meeting. Mr. Teufert seconded, and the motion was carried with all in favor. Mr. Brislin motioned to approve the November 25, 2008 Regular and Executive Sessions. Mr. Teufert seconded the motion, and it was carried with a majority in favor, Mr. Utter abstaining due to his absence at the subject meetings.

DEPARTMENT OF PUBLIC WORKS
Mayor Barbagallo commended DPW Foreman Dave Berhman and his crew for the great job they have done in screening grit for the winter months ahead.

Mr. Brace questioned Mr. Berhman about the Neal Paver which was to be sold at the surplus equipment auction held this past October. Mr. Brace asked how it could be sold outside of the public auction and questioned where the paver is currently and who had purchased the paver.

Attorney Padula stated that a negotiated sale is permitted after an auction when there are no bids, but he would look into the Statute and the situation and get back to the committee once he has a better understanding of what transpired.

COMMITTEE REPORTS

Recreation - Beverly Borrego announced the volley ball program would be starting December 10, and that $200 is requested for the purchase of volley balls and nets. The holiday party is scheduled for December 20 at the Firehouse. $1,500 requested for food, paper products and gifts for the children. Decorating contest deadline is December 19th, judging on the 20th , and the winners will be announced at the township meeting on December 23rd. Mr. Brislin motioned to approve the distribution of funds for the above. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

PAYMENT OF VOUCHERS

RESOLUTIONS

R 2008-110 TRANSFER RESOLUTION
Mr. Brislin motioned to approve the Resolution. Mr. Teufert seconded, and the motion was carried by a majority roll call vote, Mr. Teufert abstaining.

R 2008-111 TOTALLY DISABLED VETERAN PROPERTY TAX EXEMPTION BLOCK 48, lot 19.08
Mr. Brislin motioned to approve the Resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES (Second Reading)

ORD 2008-09
ORDINANCE TO AMEND STANDARD 76 ‘ZONING’ OF THE CODE HEIGHT TELECOMMUNICATIONS TOWER
Mr. Brislin motioned to approve the Ordinance. Mr. Teufert seconded. Mr. Brislin motioned to open to the public. Mr. Teufert seconded and the motion carried. No one from the public wished to speak. Mr. Brislin motioned to close to the public. Mr. Teufert second and the motion carried. Mr. Brislin stated for the benefit of the public that this Ordinance sets a height maximum of 120 feet including any antennas. The main motion to approve the Ordinance was carried by a majority roll call vote, Mr. Brace voting No.

ORD 2008-10
ORDINANCE TO AMEND CHAPTER 70 ARTICLE 1 SECTION 1 SPEED LIMITS ESTABLISHED
Mr. Brislin motioned to approve the Ordinance. Mr. Teufert seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded and the motion carried. No one wished to speak. Mr. Teufert motioned to close to the public. Mr. Brace seconded and the motion carried. Mr. Brislin stated for the public that this Ordinance lowers the speed limit on Red Hill Road to 35 mph. The main motion to approve the Ordinance was carried by a unanimous roll call vote.

ORD 2008-11
ORDINANCE AMENDING THE SALARY ORDINANCE TO AUTHORIZE EXPENDITURE FOR ALTERNATE SUBCODE OFFICIALS
Mr. Teufert motioned to approve the Ordinance. Mr. Utter seconded the motion. Mr. Brace motioned to open to the public. Mr.. Teufert seconded and the motion carried. No one wished to speak. Mr. Brace motioned to close to the public. Mr. Brislin seconded and the motioned carried. The main motion to approve the Ordinance was carried by a unanimous roll call vote.

NEW BUSINESS

The following Ordinances were introduced for review but will not be presented for approval until the year 2009:

Ordinance Amending Accessory Building and Structures Chapter 76-14 and 76-14 Building Lots

Ordinance Amending Chapter 76 Entitled Zoning for the Purpose of Changing the Definition of Building Height

Ordinance amending the Definition of Lot Line and Amend Setback for Corner Lots

Bond Anticipation Note - Mr. Teufert made a motion to have Clerk Francisco work with Bond Counsel on the issuing of a $265,000 note to get a reduction. Mr. Brislin seconded, and the motion was carried by a unanimous roll call vote.

Deputy Clerk Desrie Picinich request to take Municipal Clerk Review Course - Mr. Teufert motioned to grant the request. Mr. Brislin seconded, and the motion was carried by a unanimous roll call vote.

Board of Health Meeting - Mr. Brace indicated he put this on the agenda, and asked Mayor Barbagallo why it was canceled. Mayor Barbagallo replied that the Board of Health Secretary called and said there was nothing new on the BOH agenda, and that he told her to call the other committee members and let them know. Mr. Brace said he just got a message that the meeting was canceled per Joe Barbagallo, and suggested the cancellation had something to do with the Mayor’s son, Glenn Barbagallo, being on the agenda. In reply to Mr. Brace, Mayor Barbagallo suggested he let Glenn Barbagallo take care of his own problems, that his son had no violations and nothing to do with the meeting cancellation.

2009 Meeting Schedule and Holiday Schedule - Mr. Brislin motioned to approve the schedules. Mr. Teufert seconded the motion. He asked Clerk Francisco if the number of holidays were the same as last year. Ms. Francisco indicated there is one less, Lincoln’s Birthday having been deleted. The motioned was carried by a unanimous roll call vote.

BEERSKILL ROAD PROJECT - Mr. Teufert advised the committee that he had met with Engineers Harold Pellow and Cory Stoner as requested. Mr. Teufert had requested the Pellow firm to look at the current plans, make specific recommendations and report to the committee where costs can be saved and/or any changed which can be done. A report is forthcoming.

Mr. Utter reminded the committee that we do currently have three bids which require an action, and because this is the third time the project has been out to bid the committee can now negotiate with a contractor.

Mr. Brislin motioned to table further discussion until next meeting, Mr. Teufert seconded the motion. The motion was carried by a majority roll call vote. VOTE: Mr. Brace, no; Mr. Brislin, yes; Mr. Teufert, yes; Mr. Utter, no; Mayor Barbagallo, yes.

Property Next Door to Municipal Building - Potential site for Fire House. Mayor Barbagallo indicated that he would contact the owner of the property or the attorney for the owner before the next meeting.

Block 18.59 Lot 17 - Attorney Padula advised that because there are legal issues involved, this matter should be discussed in Executive Session.

Fire Department Applications - Mr. Teufert motioned to approve the applications of Keith Oboyski and Charles Hall. Mr. Brislin seconded, and the motion was carried with all in favor.

EMPLOYEE RECOGNITION
Mayor Barbagallo commended Sharon Yarosz, Land Use Board Secretary, and Toni-Lu Martin for getting A’s in their Municipal Budget Process exams.

REPORTS

Tax Collection - November - $813,347.92, Year to Date - $7,828,175.40

Clean Communities - Toni-Lu Martin presented her report and reminded residents that recyclables be brought to the center in clear plastic bags or boxes which can be dumped

CORRESPONDENCE

Extension Approved by the DRJTBC - The deadline has been extended to December 31, 2009.

PUBLIC PARTICIPATION
Mr. Brislin motioned to open to the public. Mr. Teufert seconded, and the motion was carried with all in favor. There being no 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.

Mr. Brace made a motion to go into Executive Session to discuss negotiations with the DPW and attorney-client privilege relative to correspondence regarding Block 18.59 Lot 17. Mr. Brislin seconded the motion, and it was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R - 2008-113
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 negotiations with the DPW and attorney-client privilege relative to correspondence regarding Block 18.59 Lot 17 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.

ADJOURN
After returning from executive session, Mr. Brislin motioned to adjourn. Mr. Teufert seconded, and the meeting was adjourned at 8:20 p.m.

Submitted by,

Diana Francisco,
Municipal Clerk