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
Toni-Lu Martin apprized the committee that there will be a float celebrating ‘250 Christmases’ built for the parade in Port Jervis on December 6 at 1:00 p.m. She asked that and Clean Communities be placed on the Agenda. Mayor Barbagallo said it would appear under Unfinished Business.

Eric Hamil, representing 431 Route 206 LLC , requested time before the committee even though some portion may need to be discussed in Executive Session.

MINUTES
Mr. Brace motioned to approve the regular and executive session minutes of September 22, 2009. Mr. Teufert seconded, and the motion was carried with all in favor.

SENIORS/PTA DONATION TO FIRE DEPARTMENT
The Montague Seniors, and Holly Snook and Melany Lyons of the PTA presented the Fire Department with checks for $250 and $100 respectively. Fire Chief Jesse Brace thanked them on behalf of the Fire Department.

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

RESOLUTIONS

R 2009-85 PROPOSAL FOR THE SALE TAX CERTIFICATES BY ASSIGNMENT
Mr. Teufert made a motion to approve the resolution. Mr. Brace seconded, and the motion was carried with a majority roll call vote, Mr. Zitone abstaining.

R 2009-87 RESOLUTION AWARDING PARK AND RIDE CONTRACT
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried with a unanimous roll call vote.

R2009-88 AWARD OF BEERSKILL ROAD RETAINING WALL AND ROAD RECONSTRUCTION PROJECT
Mr. Brace made a motion to request a 45 day extension within which to award the contract from Zitone Construction Company. Mr. Teufert seconded, and the motion carried with a majority roll call vote, Mr. Zitone abstaining. Mr. Brace made a motion to have the town pay half the cost of the bridge. Mr. Teufert seconded. After discussion among the committee and attorney Garofalo, the roll call was taken: Mr. Ponce, No; Mr. Teufert, Yes; Mr. Brace, Yes; Mayor Barbagallo, No. The motion did not carry. Mr. Ponce made a motion that the town repair the wall and go back to the landowner to advise them they are responsible for both the abutment and the bridge. Mayor Barbagallo seconded, and the motion was carried with a majority roll call vote, with Mr. Brace voting no.

ORDINANCES (First 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 ORDINANCE AMENDED DEVELOPMENT FEE ORDINANCE
Attorney Garofalo advised the public that a developers’ fee ordinance is a COAH mandate that allows a municipality to charge the developer a dollar amount that would be put into a trust fund if there is any commercial and/or residential construction that does not trigger the need to construct an affordable housing unit. Mr. Teufert motioned to approve upon first reading. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

UNFINISHED BUSINESS

Appraisal Quotes for Block 2 Lot 5 - Mr. Teufert motioned to accept the proposal from Swift. Mr. Ponce seconded, and the motion carried with a unanimous roll call vote.

7 Weider Road Property - (property next door to the municipal building) - Mayor Barbagallo indicated that the township wrote a letter to the bankruptcy attorney and a reply was received that a purchase price of $200,000 would be accepted upon closing within thirty days of Sheriff’s Deed. Mr. Brace motioned to have the parcel appraised for the purpose of proceeding if the appraised value falls within the acceptable guidelines. Mr. Ponce seconded, and the motion carried with a majority roll call vote, Mr. Zitone abstaining.

Clean Communities - Toni-Lu Martin reported on clean-up work around town and the purchase of Trick or Treat bags with grant money to be given out to children at the Municipal Building and Montague School.

Float - Toni-Lu Martin stated that Charlie Teufert will be lending the use of his business for construction of the float, and that volunteers have already expressed an interest in building it.

Mayor Barbagallo read a letter from Eight Days of Blues, one of the bands appearing at Montague Day, thanking Ms. Martin, Laure Mantia and all of the volunteers for making it a success.

NEW BUSINESS

2010 Deer Carcass Removal Contract - Mr. Brace motioned to renew the contract for another year. Mr. Teufert seconded, and the motion was carried with a unanimous roll call vote.

REPORTS
Tax Collector - Month of September $ 88,813.82
                                 Year to Date 6,185,379.33

CORRESPONDENCE

Tennessee Pipeline Maintenance Project - acknowledged

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

Ed Ibold inquired if anything had been done about the blind spot caused by trees on Deckertown and New Roads because he had seen evidence of a recent accident. Mayor Barbagallo responded that he had requested Dave Berhman contact the County.

Ruth Owen advised that committee that twenty-two seniors volunteered their services on Montague Day. Mayor Barbagallo thanked her and asked that she convey his thanks to the Seniors as well.

Ron Ruberto asked what if any progress has been made on the revaluation. Mr. Teufert replied that the township tax assessor has an upcoming meeting with the people preparing the tax map, that there are some unresolved issues with overlapping properties and properties that didn’t exist. Mayor Barbagallo added that he had spoken with a number of tax people who are not recommending a revaluation at this time.

Eric Hamill thanked the committee for authorizing the engineer to come out and take a look at the site (old Rendezvous Restaurant). He expressed his desire to move forward so there be no further delays.

There being no one else from the public wishing to speak, Mr. Teufert motioned to close public session. Mr. Brace seconded the motion, and it carried with all in favor.

Mayor Barbagallo announced that after a five minute break, the committee would be entering Executive Session for the purpose of discussing attorney-client privilege and personnel, and that action may be taken. Mr. Teufert made the motion. Mr. Brace seconded, and the motion carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-86

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

Mr. Teufert made a motion to accept the agreement with the union. Mr. Brace seconded. On roll call, all voted no except Mr. Teufert. The motion did not carry.

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

Submitted by,

DIANA FRANCISCO, RMC
Municipal Clerk