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.

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

PUBLIC PARTICIPATION
Mr. Teufert requested that Recreation Report be added to the agenda.

MINUTES
Mr. Teufert motioned to approve the regular and executive session minutes of October 13, 2009. Mr. Zitone seconded, and the motion was carried with all in favor.

AWARDS
Ken Roberts and Murray Feldman, on behalf of the American Legion Post 157 in Branchville presented Montague resident Frank Loporto, Blue Ridge Rescue Squad, with the Americanism Committee Award commendation for outstanding public service and naming him outstanding Sussex County Member of the year.

Al Johns, owner of the property formerly known as the Rendezvous Restaurant presented the Fire Department with a $300 donation for being instrumental in helping with an incident that occurred during the installation of a septic system and storm water drain pipe.

DEPARTMENT OF PUBLIC WORKS
Written report of DPW Foreman Dave Berhman acknowledged.

RESOLUTIONS

R 2009-89 AUTHORIZING THE SALE OF TAX SALE CERTIFICATE BY ASSIGNMENT #54-09
Mr. Teufert made a motion to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2009-90 AUTHORIZING THE SALE OF TAX SALE CERTIFICATE BY ASSIGNMENT #63-09
Mr. Teufert motioned to approve the resolution. Mr. Brace seconded, and the motion was carried with a unanimous roll call vote.

UNFINISHED BUSINESS

7 Weider Road Property - (property next door to the municipal building) - Mayor Barbagallo indicated that the township has received appraisal quotes from Cassell’s at $1200.00 and McChesny at $1800.00. Mr. Zitone motioned to engage Cassell’s. Mr. Brace seconded. Mr. Teufert questioned the decision to spend $1200 on an endeavor that may not be pursued. The motion was carried by a majority roll call vote, with Mr. Teufert abstaining.

Construction Official - Mr. Teufert motioned to advertise for a new Construction Official. Mr. Ponce seconded, and the motion was carried with a unanimous roll call vote.

NEW BUSINESS

Request for the Use of Municipal Building - After a lengthy discussion among the committee, it was decided that a policy be instituted for the use of the municipal building by offshoot or outside organizations. However, in the interim, one meeting of Community Corp. of Highpoint could be permitted.

2009/2010 Snow Plowing in HPCC - Montague Township will continue to provide services as it has done in the past.

Additional Snow Removal Driver - Mr. Teufert motioned to hire an additional driver for snow removal as needed during the winter season. Mr. Zitone seconded, and the motion was carried with a unanimous roll call vote.

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

Shop Rite of Montague - Mayor Barbagallo read a letter thanking Charlie Teufert for volunteering on September 23 for their Partners in Caring hunger awareness event.

Update to County Farmland Planning Incentive Grant - Acknowledged

County H1N1 Flu Clinic - to be held Sunday Nov. 1 at Sussex County Community College for healthy children between the ages of 2 and 24.

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

Lou Avanetti - suggested, on the matter of opening the building to outside organizations, that the head of each organization be given a key and the responsibility for opening, closing and cleaning up.

Al Johns - requested the township reimburse him in the amount of $11,000 for the money he spent relative to the storm water drainpipe owned by the township that caused problems on his property. Mayor Barbagallo indicated the committee has his letter and will take the matter into consideration.

Jim Guimes - requested the committee not provide a place for CCHP meetings and let them resolve their current internal problems.

Marilyn Soisson - asked that the committee advised the public of what they will talk about in executive session.

With no one else wishing to be heard, Mr. Teufert motioned to close to the public. Mr. Ponce seconded, and the motion was carried with all in favor.

Mr. Teufert motioned to enter executive session for the purpose of discussing the following: New Myrtle Drive, Bierskill Road, Bankruptcies, DPW negotiations, and the Rendezvous, wherein no formal action will be taken. Mr. Zitone seconded, and the motion was carried with all in favor.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-91

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

Submitted by,

DIANA FRANCISCO, RMC
Municipal Clerk
10/28/2009