OPENING STATEMENT
Mayor Barbagallo opened the meeting 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. Teufert, Mr. Zitone, Mayor Barbagallo, Attorney Garofalo and Clerk Francisco. Mr. Ponce was excused.

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

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

DEPARTMENT OF PUBLIC WORKS
Dave Berhman, DPW Foreman, was not present to give a report as he was assisting with the firefighting efforts at a residence on River Road. Mayor Barbagallo commended the departments of Sandyston, Deerpark, Greenville, Frankford, Milford, Westfall and Port Jervis who all responded to the call.

RESOLUTIONS
R 2009-23 NIMS APPOINTMENT
Mr. Teufert motioned to table the appointment. Mr. Brace seconded, and the motion was carried with all in favor.

R 2009-25 OUTSIDE LIEN REDEMPTION
Mr. Brace motioned to adopt the Resolution. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES- (SECOND Reading)
ORD- 2009-04 SPENDING ORDINANCE -REPAIR OF FIRE TRUCKS
Mr. Brace motioned to adopt the Ordinance. Mr. Teufert seconded, and made a motion to open for public discussion. Mr. Brace seconded, and the motion was carried with all in favor. After no comment from the public, Mr. Teufert motioned to close to public discussion. Mr. Brace seconded, and the motion was carried with all in favor. The main motion was carried by a unanimous roll call vote.

PROCLAMATION
Mayor Barbagallo presented the Girl Scouts with a Proclamation that the week of March 8, 2009 be Girl Scout Week. The Girl Scouts will attend the March 24th meeting to lead the Pledge of Allegiance. The Scouts will be distributing voter registration forms in and around the township during the coming week.

UNFINISHED BUSINESS
BEERSKILL ROADMr. Teufert motioned to rescind the resolution awarding the work to Pellow and contact the township engineer before any further action is taken. Mr. Brace seconded the motion, and it was carried with all in favor.
New Road - Mr. Brace informed the committee that he had met with Keith Armstrong, and learned that the County has a moratorium on taking over any new roads. He added that prices were $100 per hour for truck and driver and cost of sand or salt plus 5 percent, although they are entering no new contracts due to backlog. The County will probably go with the calcium-brine mix and salt by the end of the year.

NEW BUSINESS

High Point Hill Climb Time Trial Bicycle Race - Mr. Teufert motioned to authorize the event. Mr. Zitone seconded the motion, and it was carried with all in favor.

Lawn Maintenance Price Quotes - After reviewing the quotes, which all came in within $5.00 of each other, Mr. Brace motioned to award the contract to JRC Contracting. Mr. Teufert seconded the motion, and it was carried by a majority roll call vote, Mayor Barbagallo abstaining.

Clerk’s Request to Attend Municipal Clerk’s Conference - Mr. Teufert motioned to authorize the Clerk’s attendance. Mayor Barbagallo seconded, and the motion was carried by a unanimous roll call vote.

Mutual Aid and Assistance Agreement - Mr. Brace motioned to authorize the agreement. Mr. Zitone seconded, and the motion was approved with all in favor.

APPLICATIONS
Blue Light Permits - Mr. Brace motioned to approve the applications of Kurt Brauchle and Charles Hall. Mr. Teufert seconded, and the motion was carried with all in favor.

REPORTS
Fire Department - January
Fires 19
Drills 9
1st Responder Calls 38
Car Fires 1

CORRESPONDENCES
Annual Tax Lien Sale - Mr. Teufert motioned to re-schedule the sale from April 23, 2009 to a later date in June or July. Mayor Barbagallo seconded, and the motion was carried with all in favor.

Division of Fish, Game and Wildlife - Mayor Barbagallo read a letter drawing attention to the possibility of controlled burns during late February and March 2009 in fields off New Road and Beerskill Road as weather conditions permit, to improve wildlife habitat and reduce fuel load and wildlife risk.

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

Jason Dunn - High Point Drive asked the committee to consider adopting a new ordinance regarding private road deed restrictions, and that policy be adhered to in future applications.

Rhodi Teufert - Chubby Lane apprized the committee that plans are in the works for the Memorial Day observance by the Scouts.

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

Mr. Brace motioned to enter executive session to discuss litigation and personnel matters. Mr. Teufert seconded, and the motion was carried with all in favor.

R 2009-26 RESOLUTION AUTHORIZING EXECUTIVE SESSION

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 litigation and personnel with or without taking action, 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, RMC

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

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

Submitted by,
Diana Francisco, Municipal Clerk