OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:03 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
No member of the public wished to be heard regarding agenda items.

MINUTES
Mr. Teufert motioned to approve the regular and executive session minutes of June 23, 2009. Mr. Brace seconded, and the motion was carried with all in favor.

PAYMENT OF VOUCHERS
Mr. Teufert motioned to approve the vouchers. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

DEPARTMENT OF PUBIC WORKS
Dave Berhman reported that the crew has been patching the roadways within the Armstrong tract, and that he had received additional quotes for resurfacing Galloping Hill and New Roads.

RESOLUTIONS

R 2009-56 AUTHORIZING THE INVITATION OF SEALED BIDS FOR THE RECONSTRUCTION OF RETAINING WALL AND PAVEMENT ON BIERSKILL
Mr. Brace made a motion to put out a bid for all three phases separately. Mr. Teufert seconded, and the motion was carried by a majority roll call vote, with Mr. Zitone abstaining.

R 2009-58 GOVERNING BODY CERTIFICATION OF ANNUAL AUDIT
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried with a unanimous roll call vote.

R 2009-59 LIQUOR LICENSE RENEWAL (Lakeview Liquors LLC)
Mr. Teufert motioned to renew the license. Mr. Zitone seconded, and the motion was carried with a unanimous roll call vote.

R 2009-60 OUTSIDE LIEN REDEMPTION
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried with all in favor.

R 2009-61 AUTHORIZATION TO CANCEL TOWNSHIP TAX SALE CERTIFICATE
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried with all in favor.

R 2009-62 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF SINGLE PUBLIC SAFETY ANSWERING POINT (PSAP) FOR SUSSEX COUNTY BY THE SUSSEX COUNTY BOARD OF CHOSEN FREEHOLDERS
Mr. Teufert made a motion to approve the resolution. Mr. Brace seconded, and it was carried by a unanimous roll call vote.

R 2009-64 GRACE PERIOD FOR AUGUST 2009 TAX PAYMENT
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES
(First Reading)

Ord 2009-14
AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY LOCATED AT 27 FAWN ROAD
Mr. Teufert motioned to approve the ordinance. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

Ord 2009-15
AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY LOCATED AT 6 OAK RIDGE ROAD
Mr. Brace motioned to approve the ordinance. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

(Second Reading)

Ord 2009-01
AN ORDINANCE TO AMEND CHAPTER 76, ARTICLE IV GENERAL REGULATIONS FOR THE PURPOSE OF AMENDING SECTION 760-14 BUILDINGS AND LOTS TO ADOPT A NEW ORDINANCE NUMBERED BUILDING AND LOTS
Mr. Teufert motioned to adopt the ordinance. Mr. Zitone seconded. Mr. Teufert motioned to open to the public. No one wished to be heard. Mr. Teufert motioned to close to the public, and Mr. Brace seconded. The main motion made and seconded, was carried by a unanimous roll call vote.

Ord 2009-03
AN ORDINANCE TO AMEND CHAPTER 76 ARTICLE III, SECTION 76-7 ENTITLED DEFINITIONS FOR THE PURPOSE OF CHANGING THE DEFINITION OF BUILDING HEIGHT.
Mr. Brace motioned to adopt the ordinance. Mr. Teufert seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded. No one wished to comment. Mr. Teufert motioned to close to the public. Mr. Brace seconded and the motion was carried with all in favor. The main motion made and seconded, was carried with a unanimous roll call vote.

Ord 2009-13
AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 2, ARTICLE XXV OF THE CODE OF THE TOWNSHIP OF MONTAGUE ENTITLED “PUBLIC DOCUMENT”
Mr. Teufert motioned to adopt the ordinance. Mr. Ponce seconded. No one from the public wished to be heard, Mr. .Teufert motioned to close to the public and Mr. Brace seconded the motion. The main motion being made and seconded, was carried with a unanimous roll call vote.

NEW BUSINESS

CFO Request to Attend Conference
- Mr. Teufert motioned to approve the request. Mr. Brace seconded, and the motion was carried with all in favor.

New Roof Price Quotes
- Clerk Francisco advised the committee that one quote had been received, one company had sent a representative to measure the roof, and that there was another call out to a company who is expected to come to measure. Mr. Teufert motioned to table the matter until the next meeting. Mr. Brace seconded, and the motion was carried with all in favor.

OEM Deputy
- Jesse Brace-Revak - Reported on the events occurring June 26, 2009 after a severe thunderstorm hit a number of locations in the township. He thanked the road department, the County DPW, Sandyston, Branchville and Montague fire departments for their assistance in keeping the town safe. He reported that in a matter of three hours there were roughly 50 calls. He had a very different reaction to the lack of cooperation and response from the power companies, and requested the committee send a letter voicing collective displeasure in their handling of the crisis. Mayor Barbagallo thanked all who lent their assistance.

UNFINISHED BUSINESS

Small Cities Grant
- Mr. Zitone motioned to go with the lowest quote in considering the services of either Pat Fischer or Jessica Caldwell for Small Cities Grant administrator. Mr. Brace seconded the motion, and it was carried by a majority roll call vote, with Mr. Teufert abstaining.

Appointment of NIMS Coordinator
- Mr. Brace motioned to appoint Matt Kansky as NIMS Coordinator for one year. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

CONSENT AGENDA
Tax Collector’s Report: June $283,800.94 Year-to-Date $3,124,450.37

Fire Department Report
62 Incidents
11 Drills
1 Meeting
81 First Responder Calls
3,164 Man Hours

Fire Department Membership - Joey Marzocca, Rich Patrizio
Blue Light Permit - Michael Mason, Richard Patricio, Joey Marzocca

Mr. Teufert motioned to approve all items on the Consent Agenda. Mr. Brace seconded, and the motion was carried with all a unanimous roll call vote.

CORRESPONDENCE
Sussex County Senior Day
- The County is accepting nominations for County Senior of the Year and Senior Day at the State’s Fair is Thursday August 6, 2009.

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

Wendy Lynn Puopolo and Mr. and Mrs. Seelogy requested that the township adopt a noise ordinance because of an unresolved problem with one of their neighbors. Mayor Barbagallo indicated that he would speak with the resident, and have our attorney draw up a draft noise ordinance.

No other member of the public wishing to be heard, Mr. Teufert motioned to close to public session. Mr. Brace seconded, and the motion was carried with all in favor.

After much discussion and consideration of quotes received for resurfacing Galloping Hill Road, Mr. Zitone motioned to reclaim and resurface at $32,688.30. Mr. Ponce seconded the motion, and it was carried by a majority roll call vote, with Mr. Brace voting no.

After more discussion regarding funding, budgeting, methods of resurfacing, the possibility of obtaining grant money, and who to use for the engineering, it was decided to have Clerk Francisco put calls in to KSM, Pellow and Suburban for estimates on the preparation of grant applications for the north half of New Road.

Mayor Barbagallo announced that the 2008 tax rate was $3.46 and 2009 will be $3.56, or an increase of 10.2 cents.

Mr. Teufert made a motion to open to the public. Mr. Brace seconded, and the motion was carried with all in favor.

Alicia Batko - voiced concerns regarding Montague Township being overlooked for nominations for Senior Citizen of the year, trees causing visibility problems on Clove Road. She also wanted the public to know that the Montague Fire Department received first place at the Port Jervis parade for their tanker.

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.

Mayor Barbagallo announced that after a ten minute break, the committee would go into executive session to discuss personnel and litigation, and that if there is any action taken, it will be one of those two items.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-63

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 personnel and finance, 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
Municipal Clerk

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

Mr. Teufert made a motion to accept the retirement of John Bathgate and have Attorney Garofalo draw up a settlement agreement. Mr. Ponce seconded, and the motion was carried by a unanimous roll call vote.

Mr. Teufert made a motion to have Clerk Francisco place an advertisement in the newspaper for a laborer/equipment operator with a minimum Class B license. Mr. Zitone seconded, and the motion was carried with all in favor.

ADJOURN
Mr. Ponce made a motion to adjourn the meeting. Mr. Zitone seconded, and the motion was carried with all in favor.

Submitted by,

DIANA FRANCISCO, RMC/CMR
Municipal Clerk