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MINUTES OF MONTAGUE TOWNSHIP COMMITTEE MEETING

June 9, 2009

OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:00 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 one from the public wished to be heard. Mr. Teufert requested the agenda be amended to include Recreation under New Business. There were no objections.

MINUTES
Mr. Teufert motioned to approve the Regular Session Minutes of the May 26, 2009 meetings. Mr. Brace seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBIC WORKS
Report acknowledged and on file. Mr. Teufert asked about the progress on Galloping Hill Road, and Dave Berhman responded that there was some more blacktopping that needed to be done. A discussion followed whether to pave or reclaim the road, the useful life of each method and the cost considerations for each. Mr. Berhman will get some price quotes.

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

RESOLUTIONS

R 2009-49 RESOLUTION TO AMEND THE PLAN ENDORSEMENT CITIZENS’ ADVISORY COMMITTEES
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried with all in favor.

R 2009-50 AUTHORIZING THE 2009 MUNICIPAL BUDGET DOCUMENT TO BE READ BY TITLE
Mayor Barbagallo read the resolution on page 41 of the budget which allowed the Budget to read by title.
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2009-51 OUTSIDE LIEN REDEMPTION
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES

Ord 2009-01
AN ORDINANCE TO AMEND CHAPTER 76 ARTICLE II SECTION 76-7 ENTITLED ZONING FOR THE PURPOSE OF CHANGING THE DEFINITION OF LOT LINE FRONT TO AMEND THE SETBACK REQUIREMENT FOR CORNER LOTS

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 AS STATED THEREIN

Mr. Teufert motioned to table both of the Ordinances. Mr. Ponce seconded, and the motion was carried with all in favor.

NEW BUSINESS
Copy Fees and OPRA Requests - After Attorney Garofalo explained a resolution written by the New Jersey League of Municipalities which effectively requests legislation to combat abuse of the Open Public Record system, Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and it was carried with all in favor. The resolution was given the number R 2009-52.
Clerk Francisco assured the public that no resident of Montague has abused the OPRA system, and that she is more than willing to produce records for those who ask. Attorney Garofalo cautioned the committee against using electronic transmission for communications taking place outside meetings, because if those public records are requested, unnecessary legal fees will be incurred.

Recreation - Mr. Teufert advised that on July 19th there will be a bus trip to see The Little Mermaid and the cost per ticket is $80.00. He also announced that a week earlier will be the Miss Montague Pageant and Talent Show on July 11. He also discussed a time capsule buried at the school which is to be dug up in 50 years.

UNFINISHED BUSINESS
Beerskill Road Project - Mayor Barbagallo and Attorney Garofalo both indicated nothing new to report. The Clerk had added that KSM Engineering had indicated to her in an email, that the Committee should have the Bid packages by the end of the week.

REPORTS

Tax Report - May 2009 $1,278, 487.51 Year-to-Date: $3,840,649.43
Annual Tax Lien Sale - Report was read and is on file.

CORRESPONDENCE
New Jersey’s 345th Birthday - Celebration June 24th at 2:00 p.m. at the New Jersey State Museum in West Trenton, NJ. Details to be placed on the bulletin board.

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

Toni-Lu Martin read a thank you letter from Hilary and Bruce Ellis about the cleanup program. She also announced that the Blue Ridge Pig Roast will be July 19th. She also suggested the town may want to buy the Highpoint Country Club clubhouse and swimming pool. A committee consisting of Mayor Barbagallo, Ms. Martin and Mr. Teufert were formed to look into this.

Mayor Barbagallo announced the committee would enter Executive Session to discuss personnel, litigation and negotiations with no action to be taken.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-53

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

Submitted by,

DIANA FRANCISCO, RMC/CMR
Municipal Clerk