OPENING STATEMENT
Mayor Barbagallo opened the meeting 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.

MINUTES
Mr. Teufert motioned to approve the Minutes of the February 24, 2009 Regular sessions Mr. Brace seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
Dave Berhman, DPW Foreman, reported that the crew has been working on street sweeping and patching potholes, and indicated they would be continuing with those projects for the next several weeks. He reminded the committee of Spring Cleanup. The committee will decide on a date and announce it at the March 23rd meeting.

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

COAH HOUSING AND FAIR SHARE PLAN
Jessica Caldwell of Harold Pellow Associates was in attendance to submit three resolutions for approval along with three draft ordinances for review.

RESOLUTIONS
R 2009-23 NIMS APPOINTMENT
Mr. Teufert motioned to table the appointment until next meeting. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2009-27 REFUND OF DUPLICATE TAX PAYMENT
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried with all in favor.

R 2009-28 CANCELLATION OF UNEXPENDED BALANCES
Mr. Brace motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a unanimous roll call vote.

R 2009-29 REQUESTING REVIEW AND APPROVAL OF DEVELOPMENT FEE ORDINANCE
Mr. Zitone motioned to approve the resolution. Mr. Barbagallo seconded, and the motion was carried with all in favor.

R 2009-30 REQUESTING REVIEW AND APPROVAL OF MUNICIPAL AFFORDABLE HOUSING AND TRUST FUND SPENDING PLAN
Mr. Zitone motioned to approve the resolution. Mr. Teufert seconded, and the motion was carried by a majority roll call vote, Mr. Brace voting no.

R 2009-31 INTENT TO BOND FOR SHORTFALL OF FUNDS FOR THE IMPLEMENT OF FUNDS FOR THE IMPLEMENTATION OF TOWNSHIP OF MONTAGUE’S HOUSING ELEMENT AND FAIR SHARE PLAN
Mr. Teufert motioned to approve the resolution. Mr. Zitone seconded, and the motion was carried by a majority roll call vote, with Mr. Brace voting no.

ORDINANCES (First Reading)
ORD 2009-01 AN ORDINANCE TO AMEND CHAPTER 76, ARTICLE IV GENERAL REGULATIONS FOR THE PURPOSE OF AMENDING SECTION 76-14 BUILDINGS AND LOTS TO ADOPT A NEW ORDINANCE NUMBERED 76-14 BUILDINGS AND LOTS
Mr. Teufert motioned to adopt the ordinance. Mr. Brace seconded, but noted changes that should be made by the Land Use Board before final adoption. The motion was carried by a unanimous roll call vote.

ORD 2009-02 AN ORDINANCE TO AMEND CHAPTER 76, ARTICLE IV GENERAL REGULATIONS FOR THE PURPOSE OF AMENDING SECTION 76-14 BUILDINGS AND LOTS TO ADOPT A NEW ORDINANCE NUMBERED 76-14A ACCESSORY BUILDINGS AND STRUCTURES
Mr. Teufert motioned to adopt the ordinance. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

ORD 2009-03 AN ORDINANCE TO AMEND CHAPTER 76, ARTICLE III, SECTION 76-7 ENTITLED ‘DEFINITIONS’ FR THE PURPOSE OF CHANGING THE DEFINITION OF BUILDING HEIGHT AS STATED THEREIN
Mr. Teufert motioned to adopt the ordinance. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

NEW BUSINESS
Mr. Brace motioned to approve the PTA applications for raffle licenses. Mr. Ponce seconded, and the motion was carried by a majority voice vote, with Mr. Teufert abstaining.

UNFINISHED BUSINESS
Beerskill Road Engineering - Report from KSM Engineering should be provided by next meeting.

REPORTS
Tax Collector $1,330,368 February
1,881,534 Year-to-Date

CORRESPONDENCES
Annual Tax Lien Sale - Mayor Barbagallo motioned to reschedule the tax sale to June 4, 2009, as per the Tax Collector. Mr. Brace seconded, and the motion was carried with a unanimous roll call vote.

Mayor Barbagallo read a resolution presented to Montague Township from Wantage Township commemorating our 250th anniversary.

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

Alicia Batko updated the committee on the March 26th, 250th anniversary plans. She also expressed concern that the 35 mph speed limit on Red Hill Road is too high.

Mark Utter mentioned a New Jersey League of Municipalities meeting at which Joseph Doria, Commissioner of the Department of Community Affairs, indicated that Montague could appeal regarding COAH if it felt entitled to exemptions, and suggested the committee seek advice from the Township Planner. Mayor Barbagallo agreed, and Attorney Garofalo suggested the committee ask Jessica Caldwell to include that as part of her submission to the State. On another subject, Mr. Utter read an article about the house fire in Orange County and River Road as support of his opinion regarding township housing inspections.

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

Mr. Teufert motioned to enter executive session, to discuss litigation during which no action will be taken. Mr. Zitone seconded, and the motion was carried with all in favor.

R 2009-32 RESOLUTION AUTHORIZING EXECUTIVE SESSION

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 litigation 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 is when the need for confidentiality no longer exists.

Diana Francisco, RMC

Mayor Barbagallo motioned to close Executive Session and return to public Session. Mr. Brace seconded, and the motion was carried with all in favor.

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

Submitted by,
Diana Francisco, Municipal Clerk