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 present 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 Clerk Francisco.

Mayor Barbagallo congratulated Rachel Thompson, Miss Montague, on winning the talent show at the Sussex County Fair.

PUBLIC PARTICIPATION
No member of the public wished to be heard.

MINUTES
Mr. Brace motioned to approve the regular and executive session minutes of July 28, 2009 and the executive session minutes of July 14 with the correction that he voted no regarding Ordinance 2009-16. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

DEPARTMENT OF PUBIC WORKS
DPW Foreman Dave Berhman said the crew has been working on the Armstrong tract, and getting New and Galloping Hill Roads prepared for paving. He indicated there are more patching and catch basin repairs to be done in addition to mowing. Since the crew is operating short-handed, hoped it could all get done before the end of the year. Indicating that it was too late to be considered this year, Mr. Brace requested Mr. Berhman call New York Bituminous to get quotes for reclamation.

VOUCHERS
Mr. Brace motioned to approve the vouchers. Mr. Zitone seconded, and the motion was carried with a unanimous roll call vote.

MONTAGUE DAY UPDATE
Toni-Lu Martin updated the committee on Montague Day, and thanked the team of volunteers who have been working on it with her.

RESOLUTIONS
R 2009-67 AUTHORIZATION TO CANCEL TOWNSHIP TAX SALE CERTIFICATE
Mr. Brace made a motion to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2009-59 AUTHORIZATION TO SOLICIT BIDS FOR THE PARK N RIDE, HELIPAD, GENERATOR PROJECT
Mr. Brace motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried with a unanimous roll call vote.

ORDINANCES

(Second Reading)

Ord 2009-12
AN ORDINANCE TO AMEND CHAPTER 76 ARTICLE 76-7 ENTITLED ZONING FOR THE PURPOSE OF CHANGING THE DEFINITION OF LOT LINE FRONT TO AMEND THE SETBACK REQUIREMENTS FOR CORNER LOTS
Mr. Teufert motioned to approve the ordinance. Mr. Zitone seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded. With no one wishing to be heard, Mr. Teufert the motioned to close to the public. Mr. Zitone seconded. and the motion was carried with all in favor. The main motion to approve was carried with a unanimous roll call vote.

Ord 2009-16
AN ORDINANCE OF THE TOWNSHIP OF MONTAGUE, COUNTY OF SUSSEX, NEW JERSEY, PROVIDING FOR THE REPAIR AND RESURFACING OF VARIOUS ROADS AND APPROPRIATING $212,290.96 FROM THE CAPITAL IMPROVEMENT FUND AVAILABLE IN THE CAPITAL FUND FOR SUCH PURPOSE
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded, and the motion was carried with all in favor. No one wished to be heard. Mr. Teufert motioned to close to the public. Mr. Zitone seconded, and the motion was carried with all in favor. The main motion to approve was carried with a majority roll call vote, Mr. Brace voting no.

UNFINISHED BUSINESS

Price Quotes for New Roof
Municipal Building - After discussion among the committee, Mr. Brace motioned to give the job to Up and Above Roofing. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

Noise Ordinance -
Mayor Barbagallo informed the committee that he had visited with one of the neighbors on Fox Hollow Road but hadn’t yet had the opportunity to meet with the others. Mr. Zitone motioned to table the matter. Mr. Ponce seconded, and the motion was carried with a unanimous roll call vote.

REPORTS
Tax Collector Report: $ 565,777.15 July $4,690,227.50 Year-to-Date

CORRESPONDENCE
Request for Support of Fire Department Grant Applications - Mr. Brace motioned to have the Township show support for the application. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

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

Wendy Lynn Puopolo - stated that with regard to the noise ordinance, Mrs. Puopolo stated that it was not about a neighborhood dispute, but about respecting everyone’s freedoms.

Alicia Batko - shared her thoughts about the Park Service terminating its direct volunteer agreement and said she did not return the key when asked because she wanted it documented in writing.

Jesse Brace - stated he had received a form to fill out indicating time away from his DPW job while serving the Fire Department, and that he didn’t want any such documentation of time away from work affecting any other employees negatively.

Toni-Lu Martin- said she not only runs calls during the day but also at night and on weekends, and that filling out the paperwork would only add more time.

STAFFING ISSUES
After being informed by Mr. Garofalo that staffing issues must be discussed in open rather than executive session, Mayor Barbagallo stated there is a need to replace John Bathgate, former DPW employee. The committee discussed the matter of hiring a new employee, including narrowing down the selection of applicants, the pay scale and on what time basis the employee will work. Mr. Teufert motioned to hire a full time, year round employee. Mr. Ponce seconded, and the motion was carried with a majority roll call vote, Mr. Brace voting no. Mr. Teufert made a motion to amend the personnel policy to add a probationary period of six months with a minimum of two reviews in that time for new employees. Mayor Barbagallo seconded the motion, and it was carried by a unanimous roll call vote.

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

Mayor Barbagallo announced that after a ten minute break, the next item would be a discussion on New Myrtle Drive and that he preferred to have it in public rather than executive session so the committee can hear it and the public knows what is going on.

[ B R E A K ]

Mayor Barbagallo introduced Thomas Segretto, Esq. and announced that during the break he suggested the discussion regarding New Myrtle Drive take place in executive session. Mr. Segretto explained that the matter involves the potential to resolve the litigation, and discussing it in public would jeopardize the litigation.

Mr. Teufert made a motion to enter executive session to hear from the attorney. Mr. Ponce seconded the motion, and it was carried with a unanimous roll call vote. Mayor Barbagallo announced there may be action taken upon return to regular session.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-70

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 finance, 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
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.

Mr. Teufert made a motion to allow the attorney handling the New Myrtle Drive litigation to proceed with the negotiations as he stated in executive session. Mr. Brace seconded, and the motion was carried with all in favor.

Mr. Teufert motioned to accept the recommendations of PERC for the disciplinary action of a member of our Road Department. Mr. Brace seconded. Roll Call: Mr. Brace, no; Mr. Ponce, abstain; Mr. Zitone, no; Mr. Teufert, yes; Mr. Barbagallo, yes. The motion did not carry. Mr. Brace made a motion to settle for a three-day suspension. Mr. Zitone seconded, and the motion was carried by a majority vote, with Mr. Ponce and Mr. Barbagallo voting no.

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

Submitted by,

DIANA FRANCISCO, RMC/CMR
Municipal Clerk