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. No one from the public responded. There was no comment from the public. Mr. Teufert motioned to close to the public. Mr. Ponce seconded the motion. The motion was carried with all in favor.

MINUTES
Mr. Teufert motioned to approve the minutes of January 13, 2009 and the Executive Session Minutes of January 13, 2009. Mr. Brace seconded the motion. The motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
Mr. Berhman was not present. However, he sent a written report to the Committee.

RESOLUTIONS

R 2009- 14
SPENDING ORDINANCE -REPAIR OF FIRE TRUCKS
Mr. Brace motioned to table Ordinance 2009-04. Mr. Teufert seconded the motion. The motion was carried with all in favor.

R 2009-15
TRANSFER RESOLUTION
Mr. Teufert motioned to adopt R 2009-15. Mr. Zitone seconded the motion. The motion was carried by a unanimous roll call vote.

ORDINANCES (First Reading)

ORD-2009-04
SPENDING ORDINANCE -REPAIR OF FIRE TRUCKS
Mr. Brace motioned to table Ordinance 2009-04. Mr. Teufert seconded the motion. The motion was carried with all in favor.

PROCLAMATION
Scouting-February 2-9 Anniversary Week-Mayor Barbagallo requested the Clerk contact the Boy scouts for the next meeting,

UNFINISHED BUSINESS

BEERSKILL ROAD - Summary of Bids Mr. Ponce will be visiting the site with the DPW Foreman.
Peggy Coss, resident of Beerskill Road, interrupted the Mayor and said she received a letter from Engineer Pellow, stating that the Township is responsible for the retaining wall and the bridge abutment closest to the roadway and the other abutment is the responsibility of the property owner and he suggested the committee consider a joint project. Mayor Barbagallo said they would proceed with what is the best for the Township.

APPOINTMENT OF HOUSING OFFICER- Mr. Barbagallo recommended tabling appointment.
Mr. Teufert motioned to appoint Don Stambaugh as Housing Officer. Mr. Brace seconded the motion. There was no vote.
Mr. Teufert motioned to withdraw his previous motion and table the appointment.
Mr. Ponce seconded his motion.
The motion was carried by a majority roll call vote.
Roll Call Vote: Mr. Brace, no; Mr. Ponce, yes; Mr. Teufert, yes; Mr. Zitone, yes; Mr. Barbagallo, yes.
Mr. Teufert motioned to revisit at next meeting and make a decision at that time. The motion was seconded by Mr. Brace. The motion was carried with all in favor.

NEW BUSINESS

Land Use Board Member Resignation
Mayor Barbagallo accepted Mr. Ruberto’s resignation with regret and appointed Mr. James Guimes to the Land Use Board as an alternate member and moved Mr. Plotsky to the position Mr. Ruberto held as a Class IV member whose term is due to expire 12-31-2010.

Application for a Blue Light Permit-Steve Aldom
Mr. Brace motioned to approve application. Mr. Zitone seconded the motion. The motion was carried with all in favor.

Shared Services Contract-w/ Branchville Borough-for Electrical Sub Code Official and Plumbing Sub Code Official
Mr. Teufert motioned to approve R 2009-17 Shared Service Agreement with Branchville for Plumbing Inspector. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.
Mr. Teufert motioned to approve R 2009-18 Shared Service Agreement with Branchville for Electrical Inspector. Mr. Brace seconded the motion. The motion was carried by a unanimous roll call vote.

Raffle Application “KEEP”
Mr. Brace motioned to approve the raffle application for KEEP. Mr. Barbagallo seconded the motion. The motion was carried with all in favor.

North Jersey Housing and Planning Services- Request for Loan Subordination.
Attorney Garofalo offered a standard policy regarding loan subordination which includes a possible title search, to the Township however a Reverse Mortgage is a little different. He explained what the differences are. The attorney suggested that because the amount is low why wouldn’t the Committee have the borrower repay the loan, so that the money can go back into the fund to help others.
Mr.Brace motioned not to subordinate the loan requested. There was no second.
Mr. Barbagallo motioned to approve the loan subordination as long as the township was in second position. Mr. Teufert seconded the motion. The motion was carried by a majority roll call vote.
Roll Call: Mr. Brace, no: Mr. Ponce, yes; Mr., Teufert, yes; Mr. Zitone, no; Mr. Barbagallo, yes.

REPORTS
Fire Department-December Report- Mayor Barbagallo read the December report.

CORRESPONDENCE
St. James and St. Thomas- Mayor Barbagallo read the Correspondence thanking the Township DPW regarding snow removal.

Tax Collector Attending Meetings
Mr. Zitone motioned to approve the Tax Collector’s request to attend meetings as proposed. Mr. Brace 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 Ron Bogle requested the Township Committee reconsider the motion regarding the loan subordination and listen to the attorney’s recommendation. A reverse mortgage is a vehicle to get equity out of a house and feels that the money should be paid back to help others.

Resident Margaret Coss inquired when the Township is going to make a decision on the Beerskill Road project.
Mayor Barbagallo responded that Committeeman, Ponce is going to view the site so that he may make an informed decision, since he is new to the committee this year. Mr. Barbagallo also stated that the Township will try doing something before spring.

Margaret Musco, resident at 50 Fox Hollow Road, stated that they have a fence problem and easement issue with neighbors. The clerk informed the committee that the Zoning Officer and Land Used Board attorney has responded to the residents at 50 Fox Hollow.

Louanne Cular thanked the Committee. She informed the committee that they had appointed her last year as the NIMS (National Incident Management System) Coordinator and has brought the Township from 0% compliant to 75% compliant which allows them tobe eligible for FEMA grants.

Former Committeeman Mark Utter requested the Committee reconsider the loan subordination because it is a reverse mortgage. He suggested the possibility of creating an escrow account.

Richard Inella suggested the Township look at its budget closely.

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

Mr. Teufert motioned to request an escrow account in the event the property is sold. Mr. Barbagallo seconded the motion. The motion was not carried by a roll call vote. Mr. Brace, no; Mr. Ponce, no; Mr. Teufert yes; Mr. Zitone, no; Mr. Barbagallo, yes.

Mr. Brace motioned to have the property owners pay back the loan when they receive their reverse mortgage from the bank. Mr. Zitone seconded the motion. The motion was carried by majority roll call vote. Mr. Brace, yes; Mr. Ponce, yes; Mr. Teufert, no; Mr. Zitone, yes; Mr. Barbagallo yes.

Mr. Teufert motioned to go into Executive Session and to adopt R 2009-16 Executive Session. Mr. Brace seconded the motion. The motion was carried with all in favor.
Mayor Barbagallo requested a five minute break.

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R - 2009-16

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.

DIANA FRANCISCO, RMC
Municipal Clerk

ADJOURN