OPENING STATEMENT
Mayor Barbagallo opened the meeting at 7:02 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 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.

Mayor Barbagallo expressed his thanks to all who worked to make Montague Day a success, especially Toni-Lu Martin and Charlie Teufert.

PUBLIC PARTICIPATION
No member of the public wished to be heard.

MINUTES
Mr. Teufert motioned to approve the joint session and executive session minutes of September 8, 2009. Mr. Brace seconded, and the motion was carried with all in favor.

ENGINEERING

Award - Bierskill Road Retaining Wall Project - Township Engineer Mike O’Krepky informed the committee that the summary of bids has been forwarded to the township, and that Zitone Construction Co. was the apparent low bidder at $126,436.00, including pavement at the township’s option. Mr. O’Krepky stated that the original construction of the wall did not in any way damage the property owners’ bridge; however it is his professional opinion that repair of one could not be done without the other. Mayor Barbagallo indicated this to be a problem since the property owners must agree to pay for the bridge before the work can be started. After further discussion among the committee, Mr. Teufert motioned to eliminate Items #9 and #10, paving may not be necessary, wait for the attorney to get back to the committee, make a decision to award the bid, have an estimate breakdown of the culvert and wing walls from the engineer, and a time frame for payment. Mr. Brace seconded the motion, and it was carried by a unanimous roll call vote.

Award - Park and Ride Project - Mr. O’Krepky indicated that several bids received were rejected by counsel for violations, and two bids were forwarded to his office for analyses. He stated the apparent low bidder was Earth Tec Associates at $232,781.00. Mr. Ponce motioned to award the bid to Earth Tec and then immediately start a dialogue with the Delaware River Joint Toll Bridge Commission regarding the grant. Mr. Teufert seconded, and the motion was carried with a unanimous roll call vote. Mr. Teufert motioned to have another committee person and himself speak to the DRJTBC regarding a list of other improvements on the same project. Mr. Brace seconded, and the motion was carried with all in favor.

Mr. O’Krepky reported that he had inspected a drainage problem on Myrtle Drive with Mr. Berhman, and that he recommends the township do nothing for now since wetlands are involved.

RESOLUTIONS

R 2009-81 OUTSIDE LIEN REDEMPTION
Mr. Teufert made a motion to approve the resolution. Mr. Brace seconded, and the motion was carried by a unanimous roll call vote.

R 2009-83 AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE MUNICIPAL ALLIANCE GRANT FOR CALENDAR YEAR 2010
Mr. Teufert motioned to approve the resolution. Mr. Ponce seconded, and the motion was carried with a unanimous roll call vote.

ORDINANCES (Second Reading)

ORD 2009-17
ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE ROOF ON THE MUNICIPAL BUILDING FOR A TOTAL COST OF $18,260 BEING FUNDED BY THE RESERVE FOR RENOVATIONS OF MUNICIPAL BUILDING LOCATED IN THE CAPITAL IMPROVEMENT FUND.
Mr. Brace motioned to approve the ordinance. Mr. Teufert seconded. Mr. Brace motioned to open to the public. Mr. Teufert seconded, and the motion was carried with all in favor. No one from the public wished to be heard. Mr. Teufert motioned to close to the public. Mr. Brace seconded, and the motion carried with all in favor. The main motion carried with a unanimous roll call vote.

UNFINISHED BUSINESS

Property adjacent to municipal building - Mayor Barbagallo indicated he had spoken with the attorney for the bank and that the township may have an answer this week as to the offer to purchase. Mr. Brace made a motion to extend the offer thirty days from September 30th. Mayor Barbagallo seconded, and the motion carried with a majority roll call vote. Mr. Teufert abstained.

NEW BUSINESS

Appraisal Quotes for Block 2, Lot 5 - It was decided to consult with Tax Assessor Melissa Rockwell before proceeding.

Mr. Teufert motioned to amend the agenda to add the following: Recreation appointments of Lou Avenetti, Chris Wall and Debbie Hotalen; and Construction Official. Mr. Ponce seconded the motion, and it was carried with all in favor.

Mayor Barbagallo motioned that the Construction Official be advised that he will not be appointed for the next term. Mr. Ponce seconded the motion, and it carried with a majority roll call vote. Mssrs. Zitone and Brace voted no. Mayor Barbagallo added that as of his last day, until the committee makes an appointment, Don Dejaeger, Sandyston Construction Official, will stand in.

REPORTS
Fire Department - Month of August
21 Fires
6 Drills
1 Meeting
Total Man Hours - 742

CORRESPONDENCE

Montague Day Correspondence - Mayor Barbagallo read a letter from Wes and Kathy Raymond thanking the Township, volunteers, the Fire Department, Chris Thompson and especially Chairperson Toni-Lu Martin for a job well done. He added that in addition to the letter, the township has received many calls and emails regarding the event’s success.

431 Route 206, LLC - Eric Hamill, Esq., owner of the property, requested the township’s help with a drainage issue having to do with a pipe running beneath the road. Mr. Teufert made a motion to have DPW Foreman Dave Berhman, Attorney Garofalo and township engineer Mike O’Krepky inspect and review the situation. Mr. Zitone seconded, and the motion was carried with a unanimous roll call vote.

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

Jesse Brace - stated that the Fire Department is not in favor of losing the construction official. He also thanked all the volunteers for their work on Montague Day, especially Toni-Lu Martin, and expressed his hope that the committee ask her to do it again next year.

John Donovan - expressed his concern over a traffic impediment caused by a damaged bridge embankment on New Road which has been marked with cones placed over it by the County. Mr. Zitone indicated several calls have been made to the County without remedy to the problem. Mayor Barbagallo said a formal letter will be written, and thanked Mr. Donovan for bringing the matter to the committee’s attention.

Mr. Teufert motioned to close public session. Mr. Brace seconded, and the motion was carried with all in favor.

Mayor Barbagallo announced that after a five minute break, the committee would go into executive session to discuss contract negotiations.

RESOLUTION AUTHORIZING EXECUTIVE SESSION R 2009-84

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 return from executive session to regular meeting. Mr. Ponce seconded, and the motion carried with all in favor.

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