OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:04 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. Zitone, Mayor Barbagallo, Attorney Garofalo and Clerk Francisco. Mr. Teufert was excused.

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

MINUTES
Mr. Brace motioned to approve the regular and executive session minutes of August 11, 2009. Mr. Zitone seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBIC WORKS
DPW Foreman Dave Berhman advised that black-topping had been finished on Galloping Hill and New Roads, preparation of Millville Road for drainage repair had been started, and patch repairs to Myrtle Drive will soon be started. He added that he had also been spending time helping Toni-Lu Martin with projects related to Montague Day. He indicated that he had narrowed the DPW employment applications down to one, and requested the committee authorize that applicant’s hiring. Mr. Brace stated that he would like to see the narrowed down five or six applications from which the one was chosen.

Mr. Ponce made a motion to hire James Pakestein. Mr. Zitone seconded the motion. Mr. Zitone explained that he, Mr. Ponce and Mr. Berhman interviewed five or six people of the 19 who applied for the position, and that Jim Pakestein seemed best suited for the job. The motion was carried by a majority roll call vote, with Mr. Brace abstaining.

RESOLUTIONS
R 2009-71 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 2009-72 REFUND OF DUPLICATE TAX SALE CERTIFICATE
Mr. Brace motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried with a unanimous roll call vote.

R 2009-73 REFUND OF 2009 OVER-BILLED TAXES
Mr. Brace motioned to approve the resolution. Mayor Barbagallo seconded, and the motion was carried with a unanimous roll call vote.

R 2009-74 IN REM FORECLOSURE OF TOWNSHIP TAX SALE CERTIFICATES 2009
Mr. Ponce motioned to approve the resolution. Mr. Brace seconded, and the motion carried with a unanimous roll call vote.

R 2009-75 RESOLUTION AMENDING PERSONNEL POLICY ADDING A PROBATIONARY PERIOD OF SIX MONTHS, WITH TWO REVIEWS AND WITHOUT BENEFITS.
Mr. Zitone made a motion to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

Property adjacent to municipal building - Mayor Barbagallo indicated he had spoken with the attorney for the bank in the matter of the golf course foreclosure, who said the township should consider sending a letter of intent to purchase the property adjacent to the municipal building to the trustee with a copy to the bank.

Mr. Zitone made a motion that the committee is interested in purchasing the property adjacent to the municipal building. Mr. Ponce seconded, and the motion was carried with all in favor. Mr. Brace made a motion to set an offer to purchase at $176,000.00. Mayor Barbagallo seconded. Mr. Brace motioned to open to the public. Mr. Ponce seconded.

Ron Bogel - said he thinks it is a valuable piece of property and that the township should pursue it, but with a lower offer of $100,000.00.

Laura Cole - questioned the use of the property and stated that municipalities may not purchase property for profit.

Richard Clauberg - suggested the property be appraised.

John Avenetti - suggested the committee act expeditiously as the land may not be available much longer.

Mr. Brace modified his motion to set an offer to purchase at $160,000. Mr. Zitone seconded. Mr. Brace asked if the offer would have an expiration date. Attorney Garofalo stated that this would be an offer only and subject to finalizing a contract at a later date. Mayor Barbagallo suggested acquisition of three appraisals. Mr. Garofalo advised the committee that a public body purchasing property must pay the appraised value. Mayor Barbagallo said the letter of intent would go directly to the bank and to the bankruptcy trustee. The committee agreed on a date of September 20 for the expiration of the offer. Upon roll call, the vote was unanimous.

Noise Ordinance - Mayor Barbagallo advised that he would be meeting with one of the parties involved in a dispute over noise, and suggested that the matter be tabled and not brought up again unless a member of the public brings it up. Mr. Zitone motioned to table indefinitely. Mr. Ponce seconded, and the motion was carried by a unanimous roll call vote.

NEW BUSINESS
Bid Opening, Bierskill Road Retaining Wall Project - Mr. Zitone excused himself. Attorney Garofalo advised the public that Mr. Zitone has a right to do business in Montague as long as he does not participate in the vote to award the contract. Before Mayor Barbagallo opened and announced the following bids, he explained that the bids were broken down into separate projects which the township may or may not decide to initiate, and that he wanted the public to be aware and review the bids so there would be no misunderstanding.

U-Con ........Andover, NJ..... $ 208,540
Ferarro .......Franklin, NJ.........210,351
Berto ..........Rahway, NJ.........281,470
A-Tech .......Edison, NJ ..........197,377
Zitone .........Montague, NJ .....126,436

Mr. Brace made a motion to have the engineer and attorney review the bids. Mr. Ponce seconded, and the motion was carried with all in favor.

Legal Fees of Land Use Board - The committee agreed to have Clerk Francisco contact William Haggerty, Esq., Land Use Board attorney, to give his thoughts on the matter.

Municipal Self Assessment Report - Joint Meeting - Grant Application - Mayor Barbagallo announced a joint meeting of the Land Use Board and the Township Committee on September 8, and a number of grants that could be applied for through the Local Government Greenhouse Gas Reduction Grant Program and Agriculture and Community Affairs Recovery Reinvestment Act. He added that although these programs encompass Sussex County, a visit to the web site revealed only approximately $72,000 available for Sussex. He indicated he was waiting for a return call that would give more information. Mr. Zitone made a motion to file an application for the Greenhouse Gas Reduction Grant. Mayor Barbagallo seconded, and the motion was carried with all in favor.

REPORTS
Fire Department - 37 Calls
Total Man Hours - 1321 July

Mr. Zitone wanted to make it clear that monitoring volunteer time of township employees was and is not meant as an attack on any employee.

CORRESPONDENCE
Flu Vaccine Clinic - Mayor Barbagallo announced that there will be a flu vaccine clinic at the municipal building on Monday, October 7 between the hours of 10 and 12 p.m. Anyone wishing to get the vaccine must call the Board of Health to make an appointment or register online at www.sussex.nj.us.

American Public Works Association - Mayor Barbagallo indicated this organization is requesting nominees for over 25 years experience, and that he thought it would be a good thing to do, as DWP Foreman Dave Berhman has served the township for more than 25 years. He indicated the form be completed and sent in.

New Jersey Institute of Local Government Attorneys - Mayor Barbagallo suggested nomination of Attorney Garofalo for an award since he was responsible for saving Montague and other municipalities within the State from paying for State Police coverage amounting to over $240,000 per year. He added that the other municipalities Mr. Garofalo serves be contacted to garner support for his nomination.

Sussex County Coalition for Healthy & Safe Families - Mayor Barbagallo read the letter, explaining there will be an anti-bullying summit on Wednesday, October 21 in the McNiece Auditorium of Sussex County Vo-Tech.

Land Use Board - Attorney Garofalo explained that this letter from William Haggerty, Esq., requests that all commercial resolutions include the requirement of a pre-construction meeting.

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

Marilyn Soisson - felt the committee had decided before they voted to have paving work done at the last meeting because the work began the very next day. Attorney Garofalo indicated that such a situation is not uncommon, and Mr. Zitone explained that the work had been bid on as far back as January of this year.

John Resnik - requested the property owned by the township on North Gate Road be mowed for safety reasons.

Ed Ibold - thanked Mr. Teufert for his help with Montague Day and encouraged the rest of the committee to get involved. He also alerted the committee to what he felt was a dangerous situation with trees limiting visibility on New Road.

Laura Cole - appealed to the committee to pass some form of noise ordinance because of incessant horn blowing from her neighbors.

Gary McArdle - suggested the town take over plowing in the Highpoint community. Mayor Barbagallo explained that Community Corp. presented an agreement for consideration that they take care of everything and have the town in return pay them an amount of money, but that no such agreement has been finalized. He added that the problem the committee faces is that the roads belong to the Community - not the township, and they have the right to say what they want or don’t want the township to do. He indicated the township is ready, willing and able, and has proved that snow removal can be done and done right.

Wes Raymond - indicated his frustration over tabling the noise ordinance.

Richard Clauberg - noted that the brine solution used at the Highpoint Community worked very well last year, and that the township has always done a great job with snow removal.

- referring to Mr. Clauberg’s statement, said the reason it worked so well was because that part of the roadway was in the sun, while other areas remained icy.

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

Mr. Zitone motioned to enter Executive Session to discuss to pending litigation where action may be taken. Mayor Barbagallo seconded, and the motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-74

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

Mayor Barbagallo stated one issue regarded the suspension of an employee. Mr. Brace made a motion to accept the advice of the attorney for two days’ suspension. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

Mr. Brace motioned to accept the attorney’s advice regarding the New Myrtle Drive lawsuit. Mr. Ponce seconded, and the motion was carried by a majority vote, with Mr. Brace voting No.

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

Submitted by,

DIANA FRANCISCO, RMC
Municipal Clerk