OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:00, announcing that adequate notice had 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.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Mr. Teufert requested the addition of a report from Recreation.

MINUTES
Mr. Brace motioned to approve the regular and executive session minutes of November 24, 2009. Mr. Teufert seconded, and the motion was carried with the majority in favor, Mr. Zitone abstaining.

DEPARTMENT OF PUBLIC WORKS
No report submitted.

PAYMENT OF VOUCHERS
Mr. Teufert made a motion to approve the vouchers. Mr. Brace seconded, on condition of removing items # 722 and #1214. The motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2009-97
REFUND OF DUPLICATE TAX PAYMENT
Mr. Brace made a motion to approve the Resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2009-98
PROPERTY TAX DEDUCTIONS FOR 2009
Mr. Teufert made a motion to approve the Resolution. Mr. Zitone seconded the motion, and it was carried by a unanimous roll call vote.

R2009-99
OUTSIDE LIEN REDEMPTION
Mr. Teufert made a motion to approve the Resolution. Mr. Ponce seconded, and the motion was carried by a unanimous roll call vote.

R 2009-100
TRANSFER RESOLUTION
Mr. Teufert made a motion to approve the Resolution. Mr. Brace seconded the motion, and the motion was carried by a unanimous roll call vote.

ORDINANCES

(First Reading)
ORD 2009-22
AN ORDINANCE FIXING SALARIES OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF MONTAGUE FOR THE YEAR 2009
Mr. Teufert made a motion to approve the Ordinance. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote. .

(Second Reading)
ORD 2009-02
AN ORDINANCE TO AMEND CHAPTER 76 OF THE CODE OF THE TOWNSHIP OF MONTAGUE, COUNTY OF SUSSEX, STATE OF NEW JERSEY, ENTITLED “ZONING” FOR THE PURPOSE OF AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES TO REGULATE BULK REQUIREMENTS FOR ACCESSORY BUILDINGS AND STRUCTURES.
Mr. Teufert made a motion to approve the Ordinance. Mr. Brace seconded the motion. Mr. Teufert made a motion to open to the public. Mr. Brace seconded the motion. With no member of the public wishing to be heard, Mr. Brace made a motion to close to the public. The main motion did not carry with only Mr. Ponce voting Yes. Mr. Teufert made a motion to send the Ordinance back to the Land Use Board for rework on Paragraph F.

UNFINISHED BUSINESS

Fire Truck
Attorney Garofalo repeated his comment from the last meeting that it would not be possible to purchase the engine before the end of this year. Mr. Brace indicated questions regarding a number of the specifications submitted.

Construction Official/Building Sub Code Official appointment -
After discussion between the committee and attorney Garofalo, Mr. Teufert made a motion to appoint John De Jager as temporary Building Official, Building Sub Code Official and Housing Official until the end of the year at a proportional salary equivalent of $20,000 per year. Mr. Ponce seconded the motion, and the motion was carried by a majority roll call vote, Mr. Brace voting No.

7 Weider Road Property (Property Next Door to Municipal Building)
Mayor Barbagallo indicated that the offer of $151,000 was accepted subject to the owner bearing no responsibility for back taxes in the estimated amount of $8,000. Mr. Teufert made a motion to purchase the property. Mr. Zitone seconded the motion. Mr. Brace made a motion to open to the public. Mr. Teufert seconded the motion, and the motion was carried with all in favor.

Mr. Richard Clauberg questioned the $8,000 back tax figure, asking if that amount would be lost every year. Mr. Brace said he thought it to be somewhere in the neighborhood of $3,000 per year. Al Johns expressed his opinion that the bank is playing ‘hard ball’ since they know the township has an interest in the property. After additional comments from residents Jim Guimes and Mark Krebs, Mayor Barbagallo made a motion to close to the public. Mr. Teufert seconded the motion, and the motion was carried with all in favor. Mr. Brace made a motion to go back with a $151,000 less the $8,000 figure because the township cannot legally do it and he didn’t want to get involved with a foreclosure. Mr. Zitone seconded the motion. Mr. Teufert withdrew his original motion. Mr. Zitone made a motion to purchase the property while attempting to recover the $8,000 owed in back taxes. Mr. Brace seconded the motion, and the motion was carried by a majority roll call vote, Mr. Teufert voting No. All prior motions were withdrawn, and Mr. Zitone motioned to buy the property for $151,000 and the township will attempt to get the $8,000 figure
in back taxes. Mr. Brace seconded, and the motion carried with a majority roll call vote, Mr. Teufert voting No.

NEW BUSINESS

Annual Blumhagen Award - Mr. Teufert motioned that since there was a time constraint, the committee should look at the homes decorated for the holiday season and make a decision in time for the next meeting. Mr. Brace seconded, and the motion carried with all in favor.

COAH Report - Requesting Additional Info - On file for review.

Fire Truck - Mr. Brace informed the committee and the public that he and Mr. Ponce along with Chief Jesse Brace met with a representative of KME Manufacturing to put specifications together for a new fire engine to replace the Department’s 1991 engine in the 20-year range that ends in 2011. Jesse Brace explained that in order to save a considerable amount of money, the purchase needs to be made before the end of 2009. Mayor Barbagallo encouraged Jesse Brace to gather as much information as possible and present it to the committee before the next meeting.

REPORTS

Recreation - Toni-Lu Martin reported on the Holiday Party at the Montague school, and the float that received a trophy at the parade the following day. She thanked all who volunteered their time and passed around pictures of the events.

Tax Collector - Month of November $1,327,081.92. Year to Date 8,096,831.98

CORRESPONDENCE

National Park Service Request -
Mr. Teufert indicated the NPS is planning on demolishing structures within the National Recreation area, and that township historian Alicia Batko is requesting that she be involved in determining which structures be demolished. Mayor Barbagallo indicated his strong opinion the township should not be involved to the extent it could be held responsible for whatever action is or is not taken. He made a motion to have the township t approve a delegation formed by Mrs. Batko with the understanding the township be held harmless for anything that might occur and not responsible for any restoration or upkeep of the subject properties. Mr. Brace seconded. After further discussion among the committee, Mayor Barbagallo withdrew his motion, and indicated the matter be tabled until further discussion with John Donahue of the NPS.

Freeholders Annual Reorganization Meeting - January 1 at 2:00.

Sussex County Board of Health -
Mr. Teufert motioned to invite Maureen Theese of the Sussex County Health Department to the Board of Health Meeting now scheduled for December 22 at 7:00 p.m. Mr. Brace seconded, and the motion carried with all in favor. On a separate matter regarding a citizen’s refuse causing a bear problem, Clerk Francisco indicated there was a Notice of Violation issued to the offender

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

Toni-Lu Martin wanted to add that the Kings Kids of Minisink Church also won first place for the best musical float at the parade.

Richard Clauberg questioned the need for a $500,000 fire engine in a small town like Montague. He suggested a fire truck housed at both the north and south ends of town for quicker response time.

Jesse Brace advised that the Fire Department must meet many State mandates each year in order to keep insurance premiums from rising.

Mark Krebs stated that the Fire Department should be given the best equipment they can handle because they risk their lives for our protection.

With no other member of the public wishing to be heard, Mr. Teufert made a motion to close to the public. Mr. Zitone seconded, and the motion was carried with all in favor.

After the committee returned from a five minute break, Mr. Teufert made a motion to resume the regular meeting. Mr. Zitone seconded the motion, and it was carried with all in favor.

LEGAL BILLS-

Scarinci and Hollenbach Firm-
Mayor Barbagallo suggested to the committee that they authorize him to contact the firm and tell them that the township is done with their representation. A lengthy discussion ensued regarding the current status of union negotiations, New Myrtle Drive, In rem foreclosures, and the golf course bankruptcy case.

With regard to the Bankruptcy issue; Mr. Zitone motioned to send correspondence to the firm stating that were not authorized by the township committee to do any work regarding the L’Abbatte bankruptcy case. Mr. Brace seconded the motion. There were no objections. Comments were also made regarding the after hour communications made by their firm’s Frank Kapusinski which did not allow the township’s officials time to respond.

In Rem foreclosure matters; The committee discussed that expenses for the In Rem foreclosure have gone way over budget and were not complete yet. It was the consensus of the committee that whatever work has been completed be turned over to the town if they could not be concluded immediately.

Union Negotiations; A meeting has been scheduled for Union Negotiations and at such time the committee’s intent will be finalized.

New Myrtle Drive; That matter still remains unresolved. Comments were made as to whether or not the agreement the attorney was working with was what the majority of the committee had expressed and that the reason the matter is unresolved is because the plaintiff’s attorney did not have the authority to act on behalf of the majority of his clients, the Concerned Residents of New Myrtle Drive.

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

Submitted by,

DIANA FRANCISCO, RMC
Municipal Clerk