OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:02 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 the public. Mr. Ponce seconded the motion. The motion was carried with all in favor.

MINUTES
December 23, 2008 Regular Meeting and December 9, 2008 Executive Session Minutes, December 23, 2008 Executive Session Minutes

Mr. Teufert motioned to amend the Agenda to delete the December 9, 2008 executive session minutes, and add January 1, 2009 minutes. Mr. Brace seconded the motion. The motion was carried with all in favor.

Mr. Teufert motioned to approve the December 23, 2008 regular session minutes, and the Executive session minutes. Mr. Brace seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace, yes: Mr. Teufert, yes: Mr. Barbagallo, yes. Mr. Ponce and Mr. Zitone were not eligible to vote.

Mr. Teufert motioned to approve the 2009 Reorganization minutes. Mr. Zitone seconded the motion. The motion was carried by a roll call vote. Mr. Brace; abstain, Mr. Ponce, yes; Mr. Teufert, yes; Mr. Zitone, yes; Mr. Barbagallo, yes.

DEPARTMENT OF PUBLIC WORKS
DPW Foreman Dave Berhman was not available for meeting.

PAYMENT OF VOUCHERS
Mr. Teufert motioned to approve the vouchers Mr. Brace seconded the motion with the exception of the bill for the screener he wanted to compare with the original price quote before the bill could be paid. If once the information was obtained, three committee members could ok the bill to be paid. Mr. Teufert amended his motion to what Mr. Brace had indicated. The motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2009-011
OUTSIDE LIEN REDEMPTION
Mr. Brace motioned to approve R 2009-11. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote.

R 2009-012
CANCELLATION OF TAX OVERPAYMENTS OR DELINQUENT AMOUNTS LESS THAN $10.00
Mr. Brace motioned to approve R 2009-12. Mr. Teufert seconded the motion. The motion was carried by a unanimous roll call vote.

ORDINANCES (First Reading)

ORD 2009-01
ORDINANCE AMENDING CHAPTER 76-14 ACCESSORY BUILDING STRUCTURES and CHAPTER 76-14 BUILDING LOTS

ORD 2009-02
ORDINANCE AMENDING CHAPTER 76 ENTITLED ZONING FOR THE PURPOSE OF CHANGING THE DEFINITION OF BUILDING HEIGHT

ORD 2009-03
ORDINANCE AMENDING CHAPTER 76, THE DEFINITION OF LOT LINE AND SETBACK FOR CORNER LOTS
Some discussion took place regarding the above referenced ordinances among the Township committee. Mr. Brace commented that the ordinances were not as clear as they could be and motioned to return the Land Use Ordinances to the Land Use Board for revisions. Mr. Zitone seconded the motion. The motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

APPOINTMENT OF PLANNER
Mr. Teufert motioned to appoint Pellow and Associates at $93.50 per hour. Mr.Brace seconded the motion. The motion was carried by a majority roll call vote. Mr. Brace, yes, Mr. Ponce, yes, Mr. Teufert, yes: Mr. Zitone, no: Mr. Barbagallo, yes.

APPOINTMENT OF HOUSING OFFICER
.Mr. Barbagallo requested a workshop meeting to discuss Housing and the Housing Inspector appointment
The committee agreed upon Monday, January 26, 2009 at 5:30 p.m.., just after the budget meeting. The Clerk was instructed to advertise the workshop.

250th Celebration Kick off Date
The kick off date was set as per the recommendation to Alicia Batko for March 26, 2009 at 7:00pm. At the Montague School. She asked the Township Committee to partake in the presentation.

DPW Union Negotiations
Mayor Barbagallo informed the committee that we are awaiting a date for the next negotiation meeting.

NEW BUSINESS

2009 Gypsy Moth Program
Mr. Barbagallo explained the information received from the Department of Agriculture. According tho the State’s survey 442 acres are infested with egg masses along River Road. At least half of the Land belongs to the Federal Government and permission to spray would be difficult to obtain as well as the no guarantee for funding from the Government. Mr. Barbagallo motioned not to participate in the State of New Jersey Department of Agriculture spray program. Mr. Brace seconded the motion. The motion was carried by a roll call vote.

Application for a Blue Light Permit and Fire Department Membership
Michael J. Stockland

REPORTS
Tax Collector Report; Mayor Barbagallo reported that for the month of December $124,882.00 collected and $7,953,457.49 collected for the year 2008.

CORRESPONDENCE
Regarding Assembly BILL No. 2731- Traffic Control Devices
Mayor Barbagallo explained that the correspondence indicates that municipalities may now make certain traffic engineering decisions on roadways without the approval of the Commissioner of NJDOT.

Mr. Barbagallo reported a letter to the township received from the Administrator of CCH in which he took exception. He asked the Clerk to respond to the letter that although he believes that the township may not be responsible for the actual damages and if indeed the township plow was responsible for the damages as indicated in his letter, there exists a 50-ft right of way. He also recommended that the owners of the property mark the edge of the property with reflectors. He added that he Township DPW will repair the damage in the Spring, when the weather permits.

PUBLIC PARTICIPATION
Mr. Teufert motioned to open to the public for comment. Mr. Brace seconded the motion. The motion was carried with all in favor.

Jim Guimes from High Point Country Club advised the committee that he was appointed the Sussex County Senior Advisory Committee and asked permission to have the clerk post information regarding a program offered at Tri Co Federal Credit union for Self Reliance and Homeland Security.

Alicia Batko asked why the 35mph signs were posted where they were on Red Hill Road. She indicated that they could have been located in more favorable locations along the roadway.

Richard Inella addressed the committee regarding the 2009 budget

John Donovan also had comments regarding the 2009 budget and questioned when a tax reassessment will take place.

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

Mr. Teufert motioned to adopt R 2009- 13 Executive session to discuss litigation and personnel matters.
Mr. Barbagallo seconded the motion but to have a five minutes break. The motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R - 2009-13

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 legal matters 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 when the need for confidentiality no longer exists.

Mr. Teufert motioned to return to regular session. Mr. Brace seconded the motion. The motion was carried with all in favor.

There being no further business. Mr. Brace motioned to adjourn. Mr. Zitone seconded the motion. The motion was carried with all in favor.

ADJOURN