OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:04, announcing that adequate notice had 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.

Mayor Barbagallo asked the public to join in a moment of silence for the victims of the Fort Hood shootings, and asked that all service men and women be kept in mind during Veterans Day.

ROLL CALL
Present were Mr. Brace, Mr. Ponce, Mr. Teufert, Mr. Zitone, Mayor Barbagallo, Attorney Garofalo and Clerk Francisco.

PUBLIC PARTICIPATION REGARDING AGENDA ITEMS
Mr. Teufert requested Construction Official be added to Unfinished Business. Mr. Brace requested Fire Truck to be placed under New Business.

MINUTES
Mr. Brace motioned to approve the regular and executive session minutes of October 27, 2009. Mr. Teufert seconded, and the motion was carried with all in favor.

DEPARTMENT OF PUBLIC WORKS
Mayor Barbagallo informed the public that the DPW crew has been busy working on New Road and making various repairs.

PAYMENT OF VOUCHERS
Mr. Teufert motioned to approve the bills list with the exception of Item #1243 Remmington Vernick Engineers. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

RESOLUTIONS

R 2009-92
OUTSIDE LIEN REDEMPTION
Mr. Brace made a motion to approve the resolution. Mr. Teufert seconded, and the motion was carried with a unanimous roll call vote.

R 2009-88
AWARDING THE BID FOR BIERSKILL ROAD RETAINING WALL AND ROAD RECONSTRUCTION PROJECT CONTRACT TO ZITONE CONSTRUCTION COMPANY FOR THE SUM OF FIFTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($54,500.00)
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried by a majority upon roll call: Mr. Brace, No; Mr. Ponce, Yes; Mr. Teufert, Yes; Mr. Zitone, Abstain; Mayor Barbagallo, Yes.

R2009-93
TRANSFER RESOLUTION
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried by a unanimous roll call vote.

ORDINANCES

(Second Reading)
ORD 2009-19
AN ORDINANCE REPEALING AND REPLACING CHAPTER 19A-1-21 HOUSING DEVELOPMENT FEES OF THE MONTAGUE LAND USE ORDINANCES WITH AN UPDATED DEVELOPMENT FEE
Mr. Teufert motioned to approve upon second reading. Mr. Brace seconded. Mr. Teufert motioned to open to the public. Mr. Brace seconded and it was carried with all in favor. Mayor Barbagallo announced that this ordinance outlines the current COAH fees in place. A member of the public asked the per house fee, to which Mayor Barbagallo responded it is one and one-half percent, and added that the commercial rate is two and one-half percent. Attorney Garofalo indicated the commercial fees have been put on hold. Mr. Ponce motioned to close to the public. Mr. Zitone seconded, and the motion carried with all in favor. The main motion carried with a unanimous roll call vote.

(First Reading)
ORD 2009-20
AN ORDINANCE REPEALING AND REPLACING CHAPTER 54 RECYCLING WITH AN UPDATED SOURCE SEPARATION AND RECYCLING
Mr. Zitone motioned to approve the ordinance. Mr. Brace seconded, and the motion carried with a unanimous roll call vote. Mayor Barbagallo added that there will be a posting on the bulletin board with additional information about the separation of recyclables from solid waste.

ORD 2009-21
AN ORDINANCE AMENDING CHAPTER 34 DOGS §34-2 AND 34-3 AND CHAPTER 18 FEES AND COSTS §18-34A AND 18-34B
Mr. Brace made a motion to approve the ordinance. Mr. Zitone seconded, and the motion carried with

UNFINISHED BUSINESS

Request for the Use of Municipal Building -
After considerable discussion among the committee, Attorney Garofalo and members of the public, Mr. Zitone made a motion to keep the municipal building closed to organizations except for township government. Mr. Brace seconded, and the motion was carried with a majority roll call vote, Mr. Teufert voting No.

Construction Official -
Mayor Barbagallo indicated that John DeJaeger will be submitting his resume for the position. Mr. Teufert stated that the committee needs to amend the salary ordinance to separate the Construction Official Salary and the Building Subcode Official for the next meeting.

NEW BUSINESS

Fire Truck -
Mr. Brace informed the committee and the public that he and Mr. Ponce along with Chief Jesse Brace met with a representative of KME Manufacturing to put specifications together for a new fire engine to replace the Department’s 1991 engine in the 20 year range that ends in 2011. Jesse Brace explained that in order to save a considerable amount of money, the purchase needs to be made before the end of 2009. Mayor Barbagallo encouraged Jesse Brace to gather as much information as possible and present it to the committee before the next meeting.

REPORTS

Recreation - Mr. Teufert announced a Holiday Festival being planned for December 5 at the school between 2 and 6 p.m. and requested permission to spend $950 from the Celebration Fund. Mayor Barbagallo made a motion to approve the request. Mr. Brace seconded, and the motion carried with all in favor. Mr. Teufert also requested $100 from the Recreation Fund for the purpose of purchasing two volleyball nets. Mr. Brace motioned to approve the request, Mr. Zitone seconded, and the motion carried with all in favor.

CORRESPONDENCE

Tax Lien Sale - Request by Tax Collector to hold a sale December 21st for 2008 uncollected taxes.

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

Ed Ibold questioned the omission of Clean Communities and Recycling on the agenda. Mayor Barbagallo explained that it was covered previously under discussion of Ordinance #2009-20.

With no one else wishing to be heard, Mr. Teufert motioned 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 and personnel, with no action to be taken. Mr. Zitone seconded, and the motion carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-94

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. Mr. Brace seconded, and the motion carried with all in favor. Mr. Teufert motioned to resume regular session. Mr. Ponce seconded, and the motion carried with all in favor.

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

Submitted by,

DIANA FRANCISCO, RMC
Municipal Clerk