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									                         BOROUGH of GARWOOD

                           Regular MINUTES of the
                            COUNCIL MEETING
                                     May 23, 2006

The Regular Meeting of the Mayor and Council was held in Council Chambers and called
to order at 7:16 p.m. by Mayor McCarthy. He asked all present to participate in a moment
of silence, followed by a salute to the flag.

Adequate notice of this meeting was provided to the Cranford Chronicle and the Star
Ledger as advertised on January 5, 2006, informing the public of time and place
according to the provisions of the Open Public Meeting Law (Chapter 231, P.L. 1975).


ROLL CALL:
Municipal Clerk Christina Ariemma administered Roll Call. The Members Present were:
Mayor McCarthy
Council President Villaggio                    Councilman Mitchell
Councilman DeFilippo                           Councilman Schadewald
Councilman Lombardo                            Councilman Tucker

Also Present: Borough Administrator/Clerk Christina Ariemma, Borough Attorney Robert
Renaud, CFO, Sue Wright, Borough Auditor, Bob Cagnassola, Borough Auditor Bill
Swisher and Clerk Stenographer Kathleen Wierzbinski.

Motion to suspend the regular order of business to hold public hearing on the 2006
Municipal Budget as advertised in the Cranford Chronicle on May 18, 2006, was made
by Councilman Schadewald, seconded by Councilman DeFilippo.

List of correspondence received concerning the 2006 Municipal Budget. NONE.

Does anyone present wish to be heard concerning 2006 Municipal Budget?

Bruce Paterson, 325 Willow Avenue: Asked for the detailed adjustments in the amounts
on the pension portion of the budget to be explained. CFO, Sue Wright and Borough
Auditor Bob Cagnassola fully explained the changes to Mr. Paterson.

Motion to close Public Hearing on the 2006 Municipal Budget was made by Council
President Villaggio, seconded by Councilman Lombardo. All Ayes.

Motion to adopt the amended 2006 Municipal Budget/Budget Resolution 06-222a, was
made by Council President Villaggio, seconded by, Councilman Tucker, whereupon
Mayor McCarthy directed Roll Call, Council President Villaggio-Aye, Councilman
DeFilippo-Aye, Councilman Lombardo-Aye, Councilman Mitchell-Aye, Councilman
Schadewald-Aye, Councilman Tucker-Aye. All Ayes, the amended 2006 Municipal
Budget was adopted.


MINUTES:

Students in Government/ Meeting of the Mayor and Council held on May 9, 2006.
Workshop Session of the Mayor and Council held on May 9, 2006.

The foregoing minutes were approved as submitted by motion of Council President
Villaggio, seconded by Councilman Schadewald. All Ayes.




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                                                 Council Meeting Minutes/May 23, 2006



COMMUNICATIONS:
   1)    NEW JERSEY STATE LEAGUE OF MUNICIPALITIES –
         a. Mayor’s Fax Advisory –
                 i.      05/09/06, RE: S-477 Healthcare Tax.
                 ii.     05/09/06, RE: Senate Committee Sub. For S-477 Healthcare Tax
                        Revised.
                  iii.   04/03/06. RE: Smoke Free Air Act-Update.
                  iv.    05/10/06, RE; Property Tax Developments.
                  v.     05/11/06, RE: ACS-804 Statewide Cable Franchise.
                  vi.    05/11/06, RE: Share and Count Program.
                  vii.   05/11/06, RE: Solid Waste Facilities at Railroad Yards.
                  viii. 05/12/06, RE: Request for Shared Service Agreements.
                  ix.    05/12/06, RE: SCS for 477 and S-1302 Responsible Employer Act.
                  x.     05/12/06, RE: A-1667, with Committee Amendments (Public Safety
                         Directors)
                  xi.    05/19/06, RE: S-192 Cable Franchise.
         RECEIVED AND FILED.
   2)    STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
         PROTECTION – 05/12/06, RE: Compliance Evaluation & Assistance Inspection.
         RECEIVED AND FILED.
   3)    BETTY GALLAGHER – 05/07/06, RE: Thank you note for resolution
         acknowledging her late husband.
         RECEIVED AND FILED.
   4)    THE GARWOOD PRESBYTERIAN CHURCH – 05/05/06, RE: Thank you for
         Proclamation on the National Day of Prayer.
         RECEIVED AND FILED.
   5)    MARY GUARE – 05/12/06, RE: Concerns regarding the re-development area #2 of
         North Avenue.
         RECEIVED AND FILED.
   6)    TOWNSHIP OF UNION – 05/17/06, RE: Resolution urging re-introduction of
         legislation to exempt Municipal Clerks from penalties for Open Public Records Act
         violations under certain circumstances..
         RECEIVED AND FILED.
   7)    BOROUGH OF NEW PROVIDENCE – 05/18/06, RE: Resolution opposing the
         FAA modified and integrated airspace proposals.
         RECEIVED AND FILED.
   8)    GARWOOD PLANNING BOARD – 05/15/06, RE: Minutes of Meeting held
         March 22, 2006.
         RECEIVED AND FILED.


ORDINANCES:
ADOPTION: ORDINANCE 06-10 was tabled by the motion of Council President
Villaggio, seconded by Councilman Schadewald.

Mayor McCarthy reported the Planning Board would be adopting amendments
concerning Ordinance 06-10 at their next meeting and this ordinance would be up for
consideration in the near future, once the amendments have been made.


COMMITTEE REPORTS
POLICE, PUBLIC HEALTH AND SAFETY: Councilman Tucker, Chr.
The Police Department and the Public Celebrations Committee are looking into
sponsoring a National Night Out on August 1, 2006. The Department wishes to
acknowledge Patrolman Stoffer. He has been recognized by the Union/Middlesex
Chapters of MADD, with an award for his enforcement efforts concerning drunk driving
violations.



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                                                Council Meeting Minutes/May 23, 2006

Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman Lombardo. All Ayes

STREETS AND ROADS: Councilman Lombardo, Chr.
Bulk waste collection for the North side of town is scheduled for Friday, May 26, 2006.
The Department of Public Works responded to and cleared a reported sewer blockage at
Center St. and Willow Ave. on May 11, 2006. The Department of Public Works is
continuing to perform preventive maintenance to various lines throughout the Borough.
The Department of Public Works has collected its portion of the spring shade tree
planting with a total of 41 trees. Annual flower planting should be completed this week.
Street sign replacement and repairs are continuing. No parking and handicapped parking
areas have begun to be repainted. Street sweeping and pothole repairs are being
preformed on a weekly basis.
Report received and spread across the minutes by motion of Councilman Tucker,
seconded by Councilman Mitchell. All Ayes

FIRE: Councilman Mitchell, Chr.
Saturday the Fire Department held their Wet Down. It was a great success, it was a nice
day and everyone had fun. This Saturday the department will be holding a Memorial
Service for their deceased members.
Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman Lombardo. All Ayes
COMMENT: Council President Villaggio Stated everyone had a great time, there was an
excellent turnout and thanked all the volunteers stating they all did a great job. Mayor
McCarthy thanked the DPW for there help and the Police Department stating everyone
did a great job.

FINANCE: Council President Villaggio, Chr.
The Finance Committee would like to recommend the adoption of Resolution No 06-
222a, 06-223, 06-224, 06-225, 06-226, 06-227 and 06-228.
Report received and spread across the minutes, recommendation contained therein be
adopted by motion of Councilman Tucker, seconded Councilman Mitchell. All Ayes.

BUILDINGS AND GROUNDS: Councilman DeFilippo, Chr.
As of this date we have received only one quote for the floors in the dispatch area. We
have also received four roofing proposals for the work to done at the DPW, along with
only one proposal for the repair to the exterior panels at Borough Hall. It’s the
Committee recommendation that DPW Superintendent Mr. Corbitt contact each
contractor that has submitted a proposal and request a commercial reference list so we
may contact some of their clients and evaluate them to see what type of job perform they
have done before.
Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman Lombardo. All Ayes

LAWS AND LICENSES: Councilman Tucker, Chr. NO REPORT

RECREATION: Council President Villaggio, Chr.         NO REPORT

ECOLOGY: Councilman DeFilippo, Chr. NO REPORT

INDUSTRIAL AND COMMERCIAL: Council President Villaggio, Chr.
NO REPORT

COMMITTEE ON AGING: Council President Villaggio, Chr. NO REPORT

LIBRARY, MAYOR’S REPRESENTATIVE: Councilman Schadewald


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                                                         Council Meeting Minutes/May 23, 2006

The Garwood Public Library has finally settled in to its new location at the corner of Walnut
Street and Third Avenue, having an official address of 4--1--1 Third Avenue, Garwood’s
information location. The grand re-opening was held last Saturday, April 29, with Mayor
McCarthy cutting the ribbon, welcoming everyone to join the celebration and take advantage of
the wonderfully spacious new library. The hours of operation are: Monday and Wednesday from
9:00 AM to 8:00 PM, Tuesday, Thursday, and Friday from 9:00 AM to 4:30 PM, and Saturdays
from 9:00 AM to 1:00 PM. These hours will remain in effect through mid June, when the library
will be closed on Saturdays during the summer. The Library’s annual Summer Reading Club, for
children in grades 1 through 5, will kick off on Monday, June 26th and run through August 4.
This year’s theme is “Paws, Claws, Scales, and Tales”. More details will be available at the
library later this month and through a flyer sent home with the school children. As usual, prizes
and certificates will be awarded to readers. The closing ceremony for participants in August will
be a “Make Your Own Sundae” ice cream party which is always a big hit. The Garwood Library
will be hosting a used book sale on Saturday, June 24, in conjunction with the town wide garage
sale. Beginning Monday, May 15, book donations will be accepted at the library. If there are any
programs or events that the residents would like to see held at the library, please contact a staff
member at the Library. They are open to suggestions and comments and would like to be aware
of the community’s interests. Only with input from the residents can the library move forward,
ever changing to meet the needs of the community.
Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman DeFilippo. All Ayes



SCHOOL BOARD LIAISON: Council President Villaggio NO REPORT

TRANSPORTATION ADVISORY COUNCIL REPRESENTATIVE:
Councilman Tucker NO REPORT

CELEBRATION OF PUBLIC EVENTS AND HOLIDAYS LIAISON:
Councilman Mitchell
We are working on plans for National Night Out. Four flags will be installed under the
underpass. Two flags at 20 ft. and two flags at 22 ft. There will be a Memorial Service at
the Knights of Columbus on Saturday, May 27th at 12:00 p.m.
Report received and spread across the minutes by motion of Councilman Lombardo,
seconded by Council President Villaggio. All Ayes

GARWOOD MUNICIPAL ALLIANCE COMMITTEE: Councilman Mitchell, Chr.
NO REPORT

UNION COUNTY AIR TRAFFIC NOISE ADVISORY BOARD REPRESENTATIVE:
Councilman Tucker NO REPORT


OFFICER’S REPORTS:
Chief of Police William Legg Summons Report for April 2006.
Chief of Police William Legg 28 Day Report from April 7th to May 5th 2006.
Chief of Police William Legg Monthly Activities Report for April 2006.
Municipal Tax Collector Loretta Glogorski monthly report for April 2006.
Municipal Court Administrator Martha Marino monthly report for April 2006.
Date of Report: May 8, 2006
Listed below are the monies collected during the month of April 2006
Traffic                                                  $ 15,678.00
Criminal                                                 $    973.00
TOTAL:                                                   $ 16,651.00
Listed below are the monies disbursed during the month of: April 2006
Borough of Garwood                                       $ 7,176.36
Borough of Garwood (Public Defender)                     $    63.00
Borough of Garwood (POAA)                                $    12.00
Union County Treasurer                                   $ 3,214.00



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                                                                        Council Meeting Minutes/May 23, 2006

Union County Treasurer (Lab Fees)                                       $     17.00
Treasurer State of New Jersey (ATS)                                     $    759.50
Treasurer State of New Jersey (DMV)                                     $ 4,817.24
Treasurer State of New Jersey (DEDR)                                    $    363.00
Treasurer State of New Jersey (VCCB)                                    $     N/A
Treasurer State of New Jersey (SNSF)                                    $    160.90
Treasurer State of New Jersey (Conditional Discharge)                   $     N/A
Treasurer State of New Jersey (Lab Fees)                                $     N/A
Treasurer State of New Jersey (Web Fees)                                $     52.00
TOTAL:                                                                  $ 16,635.00
Respectfully submitted by: Martha Marino/ Court Administrator

The foregoing reports were adopted as submitted by motion of Council President
Villaggio, seconded by Councilman Lombardo. All Ayes.


HEARING OF CITIZENS WHO WISH TO ADDRESS THE MAYOR AND
COUNCIL:

Gary Maher, 313 Beech Avenue reported he has been appointed as the School Board
Liaison to the Mayor and Council and he is available if anyone had questions or concerns.

Catherine Madara, 205 Willow Avenue: Thanked the Mayor and Council for allowing her
to come with her Buddy Poppies to the last meeting and honoring them with a
Proclamation. Mayor McCarthy stated we look forward to seeing her again next year
with her Buddy Poppies.

Bruce Paterson, 325 Willow Avenue: Asked numerous questions regarding various
Resolutions on the Consent Agenda, which were answered fully by CFO, Sue Wright and
Ms. Ariemma.

Ann Leonard, 536 Myrtle Avenue: Asked about the new Senior Citizen Handyman for
hire. Ms. Ariemma replied this is for qualifying Senior Citizens, and he performs various
minor jobs such as fixing leaky faucets, changing light switches, changing door locks and
installing smoke detectors.


UNFINISHED BUSINESS

                                               CONSENT AGENDA
                                              (Adoption upon Roll Call)
                                                    RESOLUTION NO. 06-223
WHEREAS, A-4063 was introduced during the 2004 – 2005 legislative session and failed to be enacted and has subsequently
died; and
WHEREAS, A-4063 exempts the Municipal Clerk from penalties for Open Public Records Act violations under certain
circumstances; and
WHEREAS, currently under the Open Public Records Act, (OPRA) the Municipal Clerk is held responsible for not fulfilling the
request, even when the record is in the possession of another official; and
WHEREAS, the proposed legislation would exempt the Municipal Clerk if it can be proven that a Municipal Clerk has exercised
due diligence in attempting to collect a record requested under OPRA, by documenting at least two attempts to collect the records
within seven days of receiving the request; and
WHEREAS, the municipal official in actual possession of the record will be deemed to be the custodian of the requested record,
and therefore liable for any violation, penalties or disciplinary proceedings that may result from an unreasonable denial of access
to the requested record; and
WHEREAS, it is the belief of the Mayor and Council of the Borough of Garwood that the official in possession of the requested
record should be the one responsible for violation of the Open Public Records Act and considered custodian of the record; and
WHEREAS, the Mayor and Council urges the State Assembly to re-introduce the amendments to the Open Public Records Act
as proposed in A-4063; and
WHEREAS, the Mayor and Council also urges the State Senate to join the Assembly with companion legislation that would
similarly amend the Open Public Records Act.
NOW THERFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of
New Jersey, as follows:
     1. That the Mayor and Council supports the intent and provisions of the proposed amendments to the Open Public
           Records Act.
     2. That the Mayor and Council urges the re-introduction of this legislation during the next legislative session.
     3. That the Mayor and Council urges the State Senate to join the Assembly with companion legislation.




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                                                                        Council Meeting Minutes/May 23, 2006

BE IT FURTHER RESOLVED, that the Municipal Clerk shall forward a certified copy of this resolution to all Union County
Municipalities, State Assemblymen Bramnick and Munoz, State Senator Kean, the New Jersey League of Municipalities, and the
State of New Jersey Government Records Council.
                                                       RESOLUTION NO. 06-224
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books,
accounts and financial transactions; and
WHEREAS, the Annual Report of Audit for the year 2005 has been filed by a Registered Municipal Accountant with the
Municipal Clerk as per the requirements of N.J.S.40A:5-6, and a copy has been received by each member of the governing body;
and
WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal
affairs, as per R.S. 52:27BB-34; and
WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall
by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have
reviewed, as a minimum, the sections of the annual audit entitled:
                       General Comments
                       Recommendations; and
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and
specifically the sections of the Annual Audit entitled:          General Comments
                       Recommendations
as evidence by the group affidavit form of the governing body; and
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the
receipt of the annual audit, as per the regulations of the Local Finance Board; and
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum
requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as
provided by the Local Finance Board; and
WHEREAS, failure to comply with the promulgation's of the Local Finance Board of the State of New Jersey may subject the
member of the local governing body to the penalty provisions of R.S. 52:27BB-52 - to wit:
                       R.S. 52:27BB-52 - "A local officer of member of a local governing body who, after a date fixed for
                       compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under
                       the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more
                       than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall
                       forfeit his office."
NOW, THEREFORE BE IT RESOLVED, that the governing body of the Borough of Garwood, County of Union, State of
New Jersey, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey dated
July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence
of said compliance.
                                                       RESOLUTION NO. 06-225
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of
Union, State of New Jersey, hereby accepts the Finance Officers “Corrective Action
Report” for 2005, copy of which will be made a part hereof and copies filed with the
Municipal Clerk and the Division of Local Government Services.
                                                       RESOLUTION NO. 06-226
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey, that in
continuance of past practice, a contract be entered into for the year 2006, from January 1, 2006 to December 31, 2006, with the
Garwood First Aid Squad, Inc., for the furnishing of municipal ambulance service and first aid treatment for residents and person
employed in industrial establishments throughout the Borough of Garwood; and
BE IT FURTHER RESOLVED, that the sum of $8,500.00 as budgeted and appropriated by the Borough of Garwood for this
purpose shall be contributed to the said Garwood First Aid Squad, Inc., and made a part of the said contract; and
BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk be and they are hereby directed to execute said contract
with the said Garwood First Aid Squad, Inc., on behalf of the Borough of Garwood, on the basis hereof; and
BE IT FURTHER RESOLVED, that a voucher in the sum of $8,500.00 be drawn to the order of the Garwood First Aid Squad,
Inc.
                                                       RESOLUTION NO. 06-227
WHEREAS, the Borough of Garwood has appropriated the sum of $58,000.00 in its 2006 Budget for the Capital Account; and
THEREFORE, BE IT RESOLVED, by the Mayor and Council that the Finance Officer be and she is hereby authorized to
draw a check to the order of the Capital Account in the sum of $60,000.00 being the balance of said appropriation.
                                                       RESOLUTION NO. 06-228
WHEREAS, the Borough appropriated in the sum of $3,000.00 in its 2005 Budget for the Public Celebrations Committee; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the Finance Officer be and she is hereby authorized
to draw a check to the order of the Public Celebrations Committee in the sum of $3,000.00 being the amount of said
appropriation.
                                                       RESOLUTION NO. 06-229
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey, hereby authorize
certain officials of the Borough of Garwood to attend the Annual Conference of the New Jersey League of Municipalities at Atlantic
City, New Jersey on November 14-16, 2006.
1)        BE IT FURTHER RESOLVED that certain officials will be entitled to reimbursements in accordance with borough
          policy.
                                                   RESOLUTION NO 06-230
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood County of Union, State of New Jersey, hereby hires:
                                                              Michael Tharaldsen
                                                              661 Willow Avenue
                                                              Garwood, NJ 07027
as Senior Citizen Handyman in the Borough of Garwood at an hourly salary of $15.00, effective May 23, 2006.
BE IT FURTHER RESOLVED, that this position is based on successful continuation of funding from CDBG.
                                                   RESOLUTION NO. 06-231
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
appoint Howard M. Coppar; as Zoning Code Officer, effective May 22, 2006 at a salary of $5,495.00.
                                                   RESOLUTION NO. 06-232
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
authorize the Shade Tree Officer to solicit quotes for the execution of the 2006 Maintenance Contract.



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                                                                  Council Meeting Minutes/May 23, 2006

                                                 RESOLUTION NO. 06-233
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
authorize the Municipal Clerk to sign and submit a grant application for:
                                        GREENING UNION COUNTY 2006
                                                 RESOLUTION NO. 06-234
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby-
designate Borough Administrator/Clerk Christina M. Ariemma as the Certifying Officer for responsibilities concerning the
Division of Pensions and Benefits, effective immediately.
BE IT FURTHER RESOLVED that Sandra Bruns be Personnel Liaison concerning the Division of Pensions and Benefits,
effective immediately.


A motion to adopt Consent Agenda was made by Council President Villaggio, seconded
by Councilman Lombardo, whereupon Mayor McCarthy directed Roll Call, Council
President Villaggio-Aye, Councilman DeFilippo -Aye, Councilman Lombardo-Aye,
Councilman Mitchell-Aye, Councilman Schadewald-Aye, Councilman Tucker-Aye.
Consent Agenda Adopted.


RESOLUTIONS DELETED FROM THE CONSENT AGENDA:
NONE.

NEW BUSINESS:
Any new business the Mayor and Council may have:
PROCLAMATIONS:
International Children’s Day – June 1, 2006
Myasthenia Gravis Awareness Month – June 2006.

Councilman DeFilippo asked if we could have “Slow Down” signs placed on Walnut
Street. Police Chief Legg responded the County Trailer is brought in on occasion to deter
speeding on that street. The Chief will inspect the area regarding signage and report back
at the next meeting..


PAYMENT OF CLAIMS
A motion by Councilman Lombardo to introduce the following resolution:

BE IT RESOLVED that the following claims as approved be and the same are hereby
ordered paid when properly signed and verified; and the payment of payrolls as listed is
hereby confirmed and ratified.

Dog Tax Acct: $0.00                  Trust Acct: $800.00     Developer Escrow Acct: $1,159.00
Capital Acct: $1,485.00              Current Acct: 190,580.66

Motion duly seconded by Councilman Mitchell, whereupon Mayor McCarthy directed
Roll Call, Council President Villaggio-Aye, Councilman DeFilippo-Aye, Councilman
Lombardo-Aye, Councilman Mitchell-Aye, Councilman Schadewald-Aye, Councilman
Tucker-Aye. All Ayes.


ADJOURNMENT
Mayor McCarthy announced the Regular Meeting of the Mayor and Council will be held
on TUESDAY, JUNE 13, 2006, in Council Chambers at 7:15 p.m. Workshop Session
to start at 7:00 p.m.

At 7:52 p.m., a motion to adjourn was made by Council President Villaggio, seconded by
Councilman Lombardo. All Ayes.

                                                       CHRISTINA M. ARIEMMA, Municipal Clerk
                                                       Borough of Garwood

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