OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:01 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
Arthur Henn - asked why the Township was buying the properties on Fawn and Oak Ridge Roads. Mayor Barbagallo explained that these properties were not being purchased but were donated to the Township.

MINUTES
Mr. Teufert motioned to approve the regular session minutes of July 14, 2009. Mr. Ponce seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBIC WORKS
New Road Funds - After much discussion among the committee regarding mainly the funding of resurfacing New and Galloping Hill Roads, Mr. Teufert motioned to pave one-half of New Road this year. Mr. Ponce seconded, and the motion was carried by a majority roll call vote, Mr. Brace voting no.

RESOLUTIONS
R 2009-65 AUTHORIZING THE ISSUANCE OF A DUPLICATE TAX SALE CERTIFICATE PURSUANT TO CHAPTER 99 OF THE PUBLIC LAWS OF 1997
Mr. Teufert made a motion to approve the resolution. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

R 2009-66 LIQUOR LICENSE RENEWAL (Meloi Liquors)
Mr. Teufert motioned to renew the license. Mr. Brace seconded, and the motion was carried with a unanimous roll call vote.

ORDINANCES

(First Reading)

Ord 2009-16
AN ORDINANCE OF THE TOWNSHIP OF MONTAGUE, COUNTY OF SUSSEX, NEW JERSEY, PROVIDING FOR THE REPAIR AND RESURFACING OF VARIOUS ROADS AND APPROPRIATING $212,290.96 FROM THE CAPITAL IMPROVEMENT FUND AVAILABLE IN THE CAPITAL FUND FOR SUCH PURPOSE
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried with a unanimous roll call vote.

(Second 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. Mr. Teufert motioned to open to the public. Mr. Zitone seconded and the motion was carried with all in favor. No one wishing to be heard, Mr. Teufert motioned to close to the public, Mr. Brace seconded, and the motion was carried with all in favor. The main 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. Teufert motioned to approve the ordinance. Mr. Ponce seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded, and the motion was carried with all in favor. No one wishing to speak, Mr. Teufert motioned to close to the public, Mr. Brace seconded, and the motion carried all in favor. The main motion was carried by a unanimous roll call vote.

NEW BUSINESS

New Roof Price Quotes -
Since the quotes received, including the most recent quote from Rosselli Roofing & Siding require more detailed comparison, it was decided that the matter be put off until the next meeting and decided upon then.

Noise Ordinance -
Attorney Garofalo indicated that the draft noise ordinance was intended only for discussion as a starting point, and not meant to be voted upon in its present form. Mayor Barbagallo commented that he thought it went too far. There were comments from the audience for and against the potential ordinance. Attorney Garofalo suggested the public review the ordinance and give their input. Mayor Barbagallo agreed, and advised anyone interested in doing so should contact the Clerk. After additional comments from citizens John Donovan and Harold McGlew, the mayor reminded all that anyone has the right to file a complaint with the Court, but work will be done at the Township level toward doing the best it can for everyone.

2010 Gypsy Moth Survey of Moth Egg Masses -
The committee decided to request the survey be done by the New Jersey Department of Agriculture.

CORRESPONDENCE
Mayor’s Book Club Initiative - Mayor Barbagallo explained that this was an invitation to him to show support for a program designed to promote early childhood literacy in communities across New Jersey.

City of Montague, MI - Mr. Teufert explained that this letter was a reply to contacts he had made with all of the Montague’s in North America, asking them for something to include in the guidebook for commemoration of Montague Day and our 250th anniversary.

Mr. Ponce mentioned the inactivity regarding the heliport, and Mayor Barbagallo said he should call KSM and get the plans up and ready for bid by the next meeting. He added that we should be applying for another grant by now.

Mr. Teufert mentioned getting prices for grant applications to the State DOT for paving the other half of New Road. Mayor Barbagallo suggested starting with the Freeholders because there was an agreement for them to take over the road that they never fulfilled. Clerk Francisco advised the committee of the price quotes, KSM would charge $500.00, Suburban did not respond to the request and Harold Pellow’s office stated that the cost of the application is not significant. The due date for applications is June 1.

Mr. Teufert motioned to have Pellow Assoc. apply for a grant for the other half of New Road at a cost not to exceed $500. Mr. Ponce seconded, and the motion was carried by a unanimous roll call vote. Mayor Barbagallo suggested the Freeholders also be contacted for the reasons he stated above.

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

Jim Guimes - presented the Mayor with a letter of thanks and a picture for his participation in ‘Christmas in July’, an entertainment event held at High Point State Park over the prior weekend.

Ron Bogel - suggested a mandatory dispute resolution mediation be part of any noise ordinance the township elects to enact.

Wendy Lynn Puopolo - shared her opinion that a noise ordinance in some form should be passed, that rules and regulations must be developed as the town grows.

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

Mayor Barbagallo announced the committee would enter executive session to discuss personnel and possible litigation, without any action to be taken upon return. Mr. Teufert made the motion, Mr. Brace seconded, and it was carried with all in favor.

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.Brace seconded, and the motion was carried with all in favor.

ADJOURN
Mr. Teufert made a motion to re-enter public session and adjourn the meeting. Mr. Brace seconded, and the motion was carried with all in favor.

Submitted by,

DIANA FRANCISCO, RMC/CMR
Municipal Clerk