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.

PUBLIC PARTICIPATION
Mr. Teufert motioned to open to the public. Mr. Brace seconded, and the motion was carried with all in favor. There was no comment from the public. Mr. Teufert motioned to close to the public. Mr. Brace seconded the motion. The motion was carried with all in favor.

Mr. Teufert reported that the Recreation Committee would like to host an Easter Egg Hunt to be held at the Municipal Building on Saturday, April 4, 2009 at 11 a.m.. Mr. Zitone motioned to spend $300.00 from the Rec. Committees budget for the event. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

MINUTES
January 27, 2009, Regular Session and Executive Session Minutes. Mr. Teufert motioned to approve the minutes. Mr. Brace seconded the motion. The motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
David Berhman reported their activity for the past two weeks. He added that he took the delivery of the Tractor Mower ordered last year. He will meet with the Tractor company on February 11, 2009 and discuss any discrepancies regarding the tractor. Mr. Berhman also discussed with the committee the cost to maintain roads within the country club for a winter season.

VOUCHERS
Mr. Teufert motioned to approve the vouchers. Mr. Brace seconded the motion.
The motion was carried by a unanimous roll call vote.

RESOLUTIONS
R 2009-19 OUTSIDE LIEN REDEMPTION
Mr. Brace motioned to approve R 2009-19. Mr. Teufert seconded the motion. The motion was carried with all in favor.

R 2009-20 TRANSFER RESOLUTION
Mr. Brace motioned to approve R 2009-20. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote.

R 2009-21 DEDICATED TRUST BY RIDER FOR FIRE PREVENTION
Mr. Zitone motioned to adopt R 2009-21. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

R 2009-22 RESOLUTION REJECTING THE BIDS FOR THE BEERSKILL ROAD RETAINING WALL AND ROAD RECONSTRUCTION
Mr. Teufert motioned to adopt R 2009-22. Mr. Brace seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace , yes: Mr. Ponce, abstain; Mr. Teufert, yes; Mr. Zitone, abstain; Mr. Barbagallo, yes.

R 2009-23 NIMS APPOINTMENT
Mr. Teufert motioned to table until next meeting. Mr. Ponce seconded the motion. The motion was carried with all in favor.

ORDINANCES- (First Reading)
ORD- 2009-04 SPENDING ORDINANCE -REPAIR OF FIRE TRUCKS
Mr. Teufert motioned to adopt Ordinance 2009-004 on first reading. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

PROCLAMATION
Scouting-February 2-9 Anniversary Week- The Boy Scouts of America were not present.

UNFINISHED BUSINESS
BEERSKILL ROAD Mr. Teufert motioned to have the township engineer draw up a less expensive plan. Mr. Brace seconded the motion. The motion was not carried by a roll call vote. Mr. Brace, yes : Mr. Ponce, no; Mr. Teufert, yes; Mr. Barbagallo, no. Mr. Zitone was not eligible to vote.
Mr. Barbagallo motioned to have Engineer Pellow draw up new plans. Mr. Teufert seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace, no; Mr. Ponce, yes; Mr. Teufert, yes; Mr. Barbagallo, yes.

APPOINTMENT OF HOUSING OFFICER- There was a lengthy discussion regarding the housing ordinance and inspections. Mr. Barbagallo stated he did not see a reason for a Housing Ordinance or Housing Officer. Attorney Garofalo added that part of the discussion that took place at last meeting and at that time the committee had decided to wait until June for the Superior Court Judge to make a decision regarding inspections in Wantage Township. The current inspections and registration policy will remain in effect.

STATUS OF TAX MAPS- The Tax Map engineering firm report the maps are approximately 40% complete and they anticipate completion within the next three months.

Helipad- Awaiting the FAA approval..

NATIONAL INCIDENT MANAGEMENT SYSTEM
-Status of Helipad and Park n Ride Project- Mr. O’Krepky sent a memo to the committee with an update stating that the FAA will be visiting the site in the upcoming week.

NEW BUSINESS
2009 Board of Health Schedule
Mr. Teufert motioned to approve the Board of Health Calendar. Mr. Brace seconded the motion. The motion was carried with all in favor.

REPORTS
Tax Collector- Revision for December $122,161.51 for the month and year to date $7,950,336.91collected
January Report $551,165.77
2008 ANNUAL REPORT -See Report
Mr. Barbagallo requested the reports be placed on the Bulletin Board in the lobby.

CORRESPONDENCES
CCH-Snow Plowing and Ice Removal-

Joseph Raymond from the DCA regarding Petition Application for Third Round COAH Obligation

Request from Registrar to take Seminar for Continuing Education Credits.
Mr. Teufert motioned to approve the Registrar’s attendance at the seminar. Mr. Ponce seconded the motion. 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. The motion was carried with all in favor.

Resident Rich Inella commented on the budget and was concerned about the chapter 11 bankruptcy filing by Lancaster Developers and how will that affect the township.

Historian Alicia Batko commented on the 250th Celebration and the Lenape Indian presentation at the school. The Montague History Book to be ready for release in May.

John Donavan commented on the Housing Inspections and Housing Officer as being vital to the community and public health.

Resident, Jim Guimes commented on rental properties. He conveyed that he thought rental unit inspections are a good idea. Maximum occupancies in rental units also need to be adhered to.

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

Mr. Brace motioned to adopt R 2009-024 Executive Session to discuss matters concerning attorney client privilege

MONTAGUE TOWNSHIP
R 2009-24
RESOLUTION AUTHORIZING EXECUTIVE SESSION
PURSUANT TO N.J.S.A. 10:4-12

BE IT RESOLVED by the Township Committee of the Township of Montague, County of Sussex, State of New Jersey, that pursuant to the Open Public Meetings Act, N.J.S.A. 10:4-12 (B), specifically:

Matters Relating to contract negotiations and

Matters Relating to Litigation, Negotiation, and the Attorney-Client Privilege:

AND BE IT FURTHER RESOLVED, it is anticipated that the deliberation conducted in closed session may be discussed to the public upon the determination of the Township Committee that the public interest will no longer be served by such confidentiality and if not then legally privileged.

Diana Francisco, RMC
Municipal Clerk

I hereby certify the foregoing to be a true copy of a resolution adopted by the Township Committee of the Township of Montague, County of Sussex, State of New Jersey, at a meeting held on February 10, 2009

_____________________________________
Diana Francisco, RMC
Municipal Clerk

The Committee returned from Executive Session and the regular session resumed.

Mr. Teufert motioned to adjourn at 9:20pm. Mr. Zitone seconded the motion. The motion was carried with all in favor.

Submitted by,
Diana Francisco, Clerk 02-24-2009