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 in attendance 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

Mayor Barbagallo called for a moment of silence for the passing of Bill Dickson, Rocky Meloi and Beryle Herman Jr.

MINUTES
Mr. Brace motioned to approve the Executive Session Minutes of the April 14, 2009 and the Regular and Executive Session minutes of April 28, 2009. Mr. Teufert seconded, and the motion was carried with all in favor.

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

Keith Armstrong, Shared Services Coordinator for Sussex County, explained a regional basis plan may be available to Montague for paid backup ambulance during the hours of 6:00am to 6:00pm service. He further explained that many municipalities have experienced a struggle for volunteer ambulance services during daytime hours . After hearing input from members of Blue Ridge, the committee and members of the public, it was generally decided that at this time the Township would not move in that direction.

DEPARTMENT OF PUBLIC WORKS
Dave Berhman updated the committee on DPW projects.

CLEAN COMMUNITIES
Coordinator Toni-Lu Martin updated the committee on projects by the Scouts and Baseball Teams have completed. She also announced that due to the efforts, compliance and participation of the community the Clean Communities Grant will been increased by $2,000 this year due. Ms. Martin advised the public that a link to SCUMA is available on the township’s web site, montaguenj.org Update : Next Montague Day meeting will be held here on June 22, 2009 at 7: 00pm

UNFINISHED BUSINESS
Beerskill Road - Michael Okrepky, Township’s Engineer was present . Mr. Teufert made a motion to accept KSM’s plans superceding any other motions having to do with Beerskill Road. Mr. Brace seconded, and the motion was carried with an affirmative roll call vote. Mr. Zitone abstained. Mr. Teufert motioned to have a bid package be prepared in three sections with wall repair as one package, the box culvert as the second, and paving as third. Attorney Garofalo suggested authorizing Mike O’Krepky to put the bid package together, and himself to speak with Mr. Pasculli, the property owner’s attorney. Mr. Brace seconded, and the motion was carried by an affirmative roll call vote, Mr. Zitone, abstained.

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

RESOLUTIONS
R 2009-44 REFUND OF DUPLICATE TAX PAYMENT
R 2009-45 REFUND OF DUPLICATE TAX PAYMENT
Mr. Teufert motioned to adopt both resolutions. Mr. Zitone seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES
(First Reading)
Ord 2009-12
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
Mr. Ponce motioned to adopt the ordinance. Mr. Teufert seconded, and the motion was carried with a unanimous roll call vote.

(Second Reading)
Ord 2009-11
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
Mr. Teufert motioned to approve the ordinance. Mr. Zitone seconded the motion. Mr .Barbagallo voiced his opinion regarding the budget, surplus and capital. Mr. Teufert motioned to open to the public. Mr. Brace 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. Zitone seconded, and the motion was carried with all in favor. The Main motion, moved and seconded, was carried by a majority roll call vote, with Mayor Barbagallo voting no.

REPORTS
Tax Collector’s Report - Month of April: $573,608.60 Year to Date: $2,562,161.92

CORRESPONDENCE
Public Hearing Notice - There will be a Freeholders Meeting on May 19th at 1:00 p.m. regarding transportation services to senior and disabled residents. Mayor Barbagallo suggested someone from the committee attend. Mr. Brace stated a letter to the Freeholders with comments and suggestions are also welcome.

Ride Against Aids - Request to use Montague roads for bike run. Authorized by committee.

Clerk Francisco made a public announcement that there will be people from the Census Bureau around town confirming addresses. They will be wearing badges.

Mr. Brace commented that he would like to see money left in reserves.

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

Dick Soisson voiced his displeasure over the town not picking up senior citizens’ trash on cleanup weekend. Clerk Francisco advised him there are volunteers in town who are willing to pick up for those who need help and are not disabled. Those individuals can call the Clerk’s office.

Richard Clauberg suggested the town look into having our attorney represent the homeowners in having the greens at HPCC maintained. He voiced his concerns regarding the future of golf course and if it is not maintained it will reduce property values in Montague. Mayor Barbagallo informed him the request should go to HPCC, after which Jody Case-Kennedy advised that Mr. Clauberg had already called her, and that HPCC is in contact with the bankruptcy people, that the water has been turned back on or soon will be.

Richard Innella commented on his displeasure with the status of the project ballfields. Mayor Barbagallo advised him it was the school he should be addressing.

Mark Utter attempted to voice his opinion regarding the budget, and explained that the township had to go out to bond because it was not in the budget to fund projects.
Mr. Barbagallo objected to Mr. Utter’s point of viewpoint.

John Donovan voiced his displeasure and concern as to how soon people would be paying their fair share of taxes. He also wanted to know how much of this years budget is going toward a the reassessment.

Jim Guimes voiced his opinion that hostility, name-calling and lies will destroy everything Montague has.

Dave Berhman reminded everyone that May is Motorcycle Awareness Month - there are motorcycles everywhere.

Mark Krebs asked the committee if they had budgeted any money for the revaluation and acquisition of the fire truck. Mr. Zitone responded that cost of a new fire truck is $750,000 and a portion is in the budget.

Mr. Teufert motioned to close to the public. Mr. Brace seconded, and the motion was carried with all in favor. Mr. Teufert motioned to go into Executive Session to discuss contract negotiations and personnel and there will be no action taken. Mr. Brace seconded, and the motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION

R 2009-46

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.

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

Submitted by,
DIANA FRANCISCO, RMC,CMR
Municipal Clerk