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 in attendance were asked to join in the Pledge of Allegiance.

ROLL CALL
Present were Mr. Brace, Mr. Ponce, Mr. Teufert, Mr. Zitone, Mayor Barbagallo, Attorney Garofalo and Deputy Clerk Picinich.

PUBLIC PARTICIPATION
No one from the public wished to be heard.

MINUTES
Mr. Ponce motioned to approve the Minutes of the April 14, 2009 Regular and Executive sessions. Mr. Brace seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
DPW Foreman Dave Berhman was not present to give a report; however, Mayor Barbagallo indicated that repairs were being made to the guard rail on Galloping Hill Road and that it was nearly finished. Mr. Zitone added that they were doing a fine job.

R 2009-41 RECYCLING TONNAGE GRANT APPLICATION
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried with all in favor.

R 2009-42 OUTSIDE LIEN REDEMPTION
Mr .Brace motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2009-43 TREATMENT WORKS APPLICATION APPROVAL RENDEZVOUS RESTAURANT
Mr. Brace motioned to approve the resolution. Mr. Teufert seconded the motion. Engineer Allen Campbell of Robert L. Campbell Associates was on hand to explain that his company is pursuing Treatment Works Approval from the State DEP for the repair of the septic system on the property known as the Rendezvous Restaurant and Deer Trail Motel, and that in order to obtain such approval, one of the requirements is a consent form from the Township. After a brief question and answer period, the motion was carried by a unanimous roll call vote.

ORDINANCES
(First Reading)
Ord 2009-11
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
Mr. Brace motioned to approve the Ordinance. Mr. Zitone seconded, and the motion was
carried by a majority roll call vote, Mayor Barbagallo voting no.

(Second Reading)
Ord 2009-10
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF MONTAGUE TOWNSHIP FROM “BINGO” TO “RAFFLE AND BINGO LICENSING” AND TO ADD SECTION 25-2 DELEGATING MUNICIPAL CLERK AS AUTHORITY FOR APPROVAL OF LICENSES.
Mr. Teufert motioned to adopt the ordinance. Mr. Brace seconded the motion. Mr. Teufert motioned to open to the public, and the Mr. Brace seconded. No member of the public wished to be heard. Mr. Brace motioned to close to the public. Mr. Teufert seconded. The main motion was carried with a unanimous roll call vote.

NEW BUSINESS
Introduction of 2009 Budget - Mr. Brace motioned to approve the budget. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

PEOSHA - Notice of Order to Comply - Mr. Ponce will get a report from the Fire Department as to the items of non-compliance and their status regarding same.

North Jersey Housing - Proposal for Services/Annual Monitoring Report - Small Cities - There was discussion among the committee regarding the proposal and the possibility of using our Township Planner instead for the services required. Attorney Garofalo suggested the committee speak with Clerk Francisco to get her input. Mr. Brace motioned to table the matter until the next meeting. Mr. Teufert seconded the motion, and it was carried with all in favor. Clerk Francisco to contact the State to determine funds available.

UNFINISHED BUSINESS
Beerskill Road Engineering - Mayor Barbagallo advised the committee that the report submitted by KSM Engineering was basically the same as the one previously submitted three months ago. Mr. Ponce motioned to utilize the services of Pellow Associates for the engineering project. Mr. Brace expressed his desire to speak with Michael O’Krepky of KSM one more time. Mr. Ponce amended his motion to approach Pellow to get a quote. Mr. Teufert seconded, and the motion was carried by a majority roll call vote with Mr. Brace voting no and Mr. Zitone abstaining.

2009 Spring Clean Up Price Quotes - Quotes were received from Waste Management and Northern Sanitation. After reviewing both, Mr. Zitone made a motion to grant the contract to Northern Sanitation. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

2009 Summer Hours - Mr. Brace made a motion to continue with normal business hours all year long. Mr. Zitone seconded the motion. The motion was carried by a unanimous roll call vote.

Municipal Service Agreement with Community Corporation of High Point, Inc.- Attorney Garofalo distributed draft documents and suggested the committee review the same before taking any action.

REPORTS
Annual Report of Uncollected Taxes - There are no uncollected taxes to report at this time.
Board of Health Monthly Report - acknowledged and on file.

CORRESPONDENCE
Sussex County Board of Health - Permit Process - Communication from Sussex County Department of Environmental and Public Health Services requiring written confirmation from the zoning department to applicants that approval has been granted or is not necessary before their office approves any activity.

Scarinci Hollenbeck - Chapter 11 matter - Mayor Barbagallo motioned to have the addressees provide their answers to the committee. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

Morris County Cooperative - Letter regarding lawsuit filed by Tilcon New York, Inc. against the cooperative acknowledged.

Emergency Ambulance Services for Various Municipalities throughout the County on Regional Basis - Fred Battali, Captain of Blue Ridge Rescue Squad, explained that this letter from Keith Armstrong, Shared Services Coordinator for Sussex County, proposes that the local rescue squads have a paid back-up ambulance service. He expressed his opposition for a number of reasons, after which Mayor Barbagallo expressed his opinion that Mr. Armstrong should be heard out of courtesy to him and in consideration of our citizens. After further discussion among the committee and Toni-Lu Martin, Blue Ridge Rescue Squad member, Mr. Brace made a motion to invite Mr. Armstrong to attend a committee meeting as soon as possible to present his proposal. Mr. Tuefert seconded, and the motion was carried by a unanimous roll call vote. Mr. Battaglia asked that he be notified so he could attend also.

Mayor Barbagallo indicated he had gotten an invitation over the weekend to meet with Scott Garrett and the Mayors of Frankford and Vernon, and that he had prepared a document with the information he discussed during the meeting. He added that he had done this to prevent another ‘Hamburger Helper’ incident from occurring.

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

Fred Battali, New Road - Requested the committee consider placing a sign at the Township border with Wantage to avoid territorial disputes with the Wantage Rescue Squad members.

Richard Clauberg, High Point CC - Commented on the snow removal at High Point Country Club and the satisfactory use of a chemical system. He also had some questions about the budget which were answered by Mr. Brace and Mayor Barbagallo.

Toni-Lu Martin, Clove Road - Expressed her opinion on shortening the week during the summer months.

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

Mr. Ponce motioned to go into executive session. Mr. Teufert seconded, and the motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R 2009-44

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 personnel, 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.

DESRIE W. PICINICH
Deputy Municipal Clerk

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

Respectfully submitted,
DESRIE W. PICINICH
Deputy Municipal Clerk