OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:05 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

FIRE CHIEF’S REPORT
Jesse Brace indicated the final OSHA inspection occurred June 19, and was happy to report the department is now in total compliance. He thanked the members for their hard work to make it happen. He added that it cost over $25,000 just get updated. He supplied the committee with three names as possible appointees to the position of NIMS Coordinator: Ryan Riegal, Louanne Cular and Matt Kansky.

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

MINUTES
Mr. Brace motioned to approve the Regular and Executive Session Minutes of the June 9, 2009 meetings. Mr. Teufert seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBIC WORKS
Dave Berhman provided price quotes for reclamation and asphalt for the resurfacing of Galloping Hill and New Roads by Tilcon. Mayor Barbagallo requested he provide one more quote before the decision is made. There was some discussion of the possibility of getting a State grant since it connects two County roads, and taking the matter to the Freeholders.

RESOLUTIONS

R 2009-54
2009-2010 LIQUOR LICENSE RENEWALS
Mr. Brace motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2009-55
OUTSIDE LIEN REDEMPTION
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

R 2009-56
AUTHORIZATION TO SOLICIT BIDS FOR THE BEERSKILL ROAD RETAINING WALL PROJECT
Mayor Barbagallo indicated he had not had the opportunity to completely review the plans. Attorney Garofalo advised the committee to be sure what they want is encompassed within the plans submitted. Mr. Brace suggested the committee take time for review, and motioned to table until the next meeting. Mr. Teufert seconded, and the motion was carried with all in favor.

ORDINANCES (First Reading)

Ord 2009-01
Ord 2009-13 AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 2, ARTICLE XXV OF THE CODE OF THE TOWNSHIP OF MONTAGUE ENTITLED “PUBLIC DOCUMENTS”
Mr. Brace motioned to approve the Ordinance, but requested it be explained. Attorney Garofalo indicated that the ordinance as written sets a charge of $0.10 per page for paper copies, but for any other medium the Township would be free to charge the actual cost of reproduction. Mayor Barbagallo informed the public that there is no problem with any Montague residents requesting documents through OPRA, that the Ordinance stemmed from outside activists. Mr. Teufert seconded the motion on the floor, and it was carried by a unanimous roll call vote.

NEW BUSINESS
CCH Letter of Support Regarding Highpoint Golf Course -
Mayor Barbagallo indicated that this matter has caused a lot of problems and that he wished to explain his position. He continued that on June 16 he had gotten word that the golf course was closing down, and took it upon himself to contact the bank and then the bank’s attorney, the goal being twofold: to make sure the course was being maintained, and to inquire about the land next door to the municipal building for possible purchase. The bank attorney explained the bankruptcy procedure and said a Trustee was to be appointed June 23. Mayor Barbagallo then stated that he was alerted by Mr. Zitone on Friday afternoon that a meeting had taken place without his knowledge, and that when he got home he found an email with the subject letter, the first sentence of which read “The Montague Township Committee would like to extend its support of the efforts of the Community Corp. of High Point and its Administrator, William Cummings.” He indicated that the letter went on with some very good reasons why CCH wanted to take over the golf course, but added that the letter did not go out, or that at least he hoped it had not, since the Township has no right to be involved, and that he wanted to stay away from it on the Township level. He said he would be the first to get involved in some fashion if the course was not being maintained, but right now we don’t have that problem and “we shouldn’t be chiseling out a tombstone for anyone who ain’t dead yet.” He requested his fellow committeemen give their own opinions. He also indicated Mr. Robert L’Abbate’s (golf course owner) presence, and invited him to speak with the committee’s permission.

Mr. L’Abbate said he didn’t like being put on the spot but agreed there is no “tombstone” yet, and also agreed no action should be taken by the committee. He went on to say that he owns a piece of property in this community that he has tried to do a lot of good with, but is getting opposition for. Mayor Barbagallo asked him if he plans to maintain the golf course as long as he is there. Mr. L’Abbate said ‘absolutely’, and answered the same when asked if he would give notice if things don’t go right. Mayor Barbagallo then asked David Wallace, Esq., CCH lawyer, if he wanted to speak.

Mr. Wallace indicated that he was in court June 23 and wanted to explain that CCH wants only to make sure the golf course is maintained, operating from receipts, until such time as someone is determined to be running the golf course, no matter who it might be; the only concern being to keep it in shape and see that the employees are paid, and that they were not being paid.

Attorney Garofalo stated that the committee had allowed both Mr. L’Abbate and Mr. Wallace to speak for the purpose of informing the public, but wished to make it clear that there was no matter before the committee for any action at all.

Mr. Zitone asked Mr. L’Abbate if his intent was to maintain and keep the golf course open. Mr. L’Abbate answered yes, that he is in Chapter 11, reorganization; and that there are a lot of attorneys involved fighting both for and against him. He stated he was in attendance at this meeting because he should have a voice, that he did not believe this matter belonged before the committee, that he did not understand why CCH is taking the position they are taking to manipulate a situation that exists. He added that he owns a piece of property that he believed in before, that he believes in now, and that he is doing everything possible to reorganize himself to make sure it goes forward.

Mayor Barbagallo announced the committee would take about three or four questions from the public.

Richard Carlson indicated that he was confused inasmuch as when something goes into Chapter 11 there is a trustee appointed and wanted to know why Community Corp. got involved when it should be directing any questions to that trustee when appointed, without getting the Township involved. He asked Mayor Barbagallo to read the first paragraph of the earlier-referenced letter again, and commented that the letter should not have been approved. Clerk Francisco said that it was not. Mayor Barbagallo said it had been withdrawn as far as he knew.

Mr. L’Abbate stated that there were a number of letters submitted to the Court.

Mr. Brace stated that he submitted a letter on his own, to consider Community Corp take over in the interim if there was a problem.

Mr. Long said the town has no right to support that since it is a private property, and that he thought someone should investigate what happened here - that there might be a violation somewhere with the rules and regulations of the Sunshine Law. This drew applause from the audience.

Mr. Brace repeated that he had sent his letter on his own, that something has to be done right now. A member of the public asked if he was a property owner [in the High Point Community]. Mr. Brace responded no, but that he is a taxpayer, and it is going to affect everyone’s taxes if things don’t work out right.

Ruth Owen stated to Mr. Brace that he should let the residents of High Point handle the problem, because what is being done has not been brought before the property owners, deed holders or stockholders, that the decision was made by two or three people within CCH.

Betty Romyns stated that she had also sent a letter to the Bankruptcy Court, that she believes
Community Corp. is absolutely out of its venue to have any discussion with this foreclosure whatsoever, that there should be a hearing before the judge in Morristown to sit these people down and explain what their responsibilities are because they acted without the vote or the membership’s knowledge. She also voiced concern that Mr. Brace is a vendor of Community Corp. and therefore has a conflict of interest because he receives money from them.

Attorney Garofalo stated that there is nothing before the committee, no action has been taken, and that there were no violations of the Sunshine Law.

A member of the public asked Attorney Garofalo who prepared the letter that Mayor Barbagallo read. He answered that he had no idea. Someone asked who typed it. Mayor Barbagallo answered that it was not important, that the letter was stopped, and if it was not stopped, that a retraction would be forthcoming.

Ron Bogel questioned why, if the town has taken no action or has no interest in this, does the agenda indicate there is a Lakeview Restaurant Purchase Committee. Clerk Francisco reminded the Mayor that at the last meeting Montague Township Clean Communities Coordinator Toni-Lu Martin suggested the possibility of the town purchasing the club house, that Mr. Teufert agreed, and that a Committee was formed consisting of Mr. Teufert, Ms., Martin and Mayor Barbagallo, to look into the idea.

Laura Cole stated that it was her understanding that the Township Committee as a whole sent Messrs. Teufert and Brace to CCH for a meeting on purchasing the country club and the golf course, and assessing people outside the Country Club $5,000 . She questioned if there was no commitment from the Township Committee, then why were they there. Mssrs. Brace and Tuefert each responded that they were not there.

Jim Guimes stated that none of this had been run before any member of the High Point Community except for a few members of the CCH board, their administrator and their attorney, and that the matter is out of order in this venue. His statement drew applause.

Mr. Teufert wished to advise the public that looking into the purchase of the clubhouse preceded the bankruptcy announcement, that it was merely information gathering.

Mr. Zitone stated that the golf course is one of the prize possessions of Montague and that it would be a shame to end up like the Rockview golf course.

Robert Mack - NIMS Coordinator - Letter of Resignation - Mr. Zitone made a motion to accept Mr. Mack’s resignation. Mr. Brace seconded, and the motion was carried with all in favor.

Appointment of NIMS Coordinator - Mr. Brace motioned to table the matter. Mr. Zitone seconded the motion, and it was carried with all in favor.

UNFINISHED BUSINESS
Small Cities Grant - Mayor Barbagallo indicated there are presently two pending applications for grants. Mr. Teufert stated that he had no problem giving the money away, that in fact he would prefer to expend it over $10,000 at a time because that would reduce COAH obligations. Clerk Francisco stated there are certain parameters inside which the loans may be granted. There was discussion as to whether the new Township Planner would be selected as administrator of the program. Mr. Teufert motioned to table the matter until the next meeting. Mr. Zitone seconded, and the motion was carried with all in favor.

REPORTS
Spring Clean Up - Clerk Francisco indicated that including the metals there were sixteen containers, and that the cost to the Township ended up in the vicinity of $8,000, a little less than the prior year.

CORRESPONDENCE
City of Port Jervis - All Hazard Mitigation Plan - Mayor Barbagallo suggested they be called to see if there will be a planned meeting.

PUBLIC PARTICIPATION
Anthony Long asked if Mr. Brace identified himself to the court as a committee member in his letter and whether that was legal. Attorney Garofalo assured him that it was, because it is the truth and he was not acting on behalf of the committee. Mr. Long said he thought that was wrong.

Mr. Bridges referenced the U.S. Constitution, and stated that it worries him to think some people in the room think that someone who is an elected member of our township should not be allowed to speak as a citizen. Mr. Long responded that would be okay if he had written the letter as a private individual.

Jim Guimes said that ‘some people are more individual than others, and some individuals have more of a right to speak than others.’

Janet Woudenberg brought to the committee’s attention that Community Corporation of Highpoint Master Plan Follow-up on the agenda had been skipped over. Mayor Barbagallo read parts of the letter to the public.

Laura Cole asked for a clarification on the Lakeview Restaurant Purchase Committee agenda item. Mr. Teufert repeated what he had said earlier.

The committee decided to exclude the following from Executive Session for the benefit of the public:

Mayor Barbagallo repeated the two reasons for his contact with the bankruptcy attorney in the CCH matter, explaining that now would be a good time to make an offer in the neighborhood of $220,000 for the property owned by Mr. L’Abbate next door to the municipal building.

When questioned by Marilyn Soisson as to the intended use, Mayor Barbagallo replied that it could be used for a new firehouse, a pavilion for picnics, a trail, or other future expansion. Mrs. Soisson then asked a series of questions about the number of fire trucks and the number of volunteers qualified to drive them.

Back to the topic at hand, Mayor Barbagallo continued to make the public aware that a Letter of Intent was suggested to be sent regarding the Township’s interest in purchasing the property. Mr. Teufert stated that he did not think pursuing the purchase of that land is appropriate because there is no immediate need for it, and once it comes off the tax roll there will be no revenue from it. Mayor Barbagallo conceded that to be a good point, but offered the possible solution of utilizing the back half and selling off the road frontage for commercial use.

Laura Cole expressed her opinion that the Township should be more concerned with paying off the fire trucks than acquiring land.

Mr. Brace indicated the committee’s need for more information, such as exact acreage and the exact price to be offered.

After some more discussion among the committee and the public, Mr. Zitone motioned to send a Letter of Interest for the purchase of the property. Mr. Brace seconded the motion, and it was carried with a majority roll call vote, with Mr. Teufert voting no.

Mayor Barbagallo announced that after a five minute break, the committee would go into Executive Session for the purpose of discussing personnel and finance, and that there would be no formal action taken.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-57

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.

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

Submitted by,

DIANA FRANCISCO, RMC/CMR
Municipal Clerk