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The Regular Meeting of the Mayor and Council was held in Council

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					                             BOROUGH of GARWOOD

                               Regular MINUTES of the
                                COUNCIL MEETING
                                        September 14, 2010

The Regular Meeting of the Mayor and Council was held in Council Chambers and called
to order at 7:21 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 Star Ledger advertised on January 4,
2010, and the Cranford Chronicle advertised on January 8, 2010 and prominently posted
on the municipal public bulletin board and filed in the office of the municipal clerk
informing the Public of the 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 Napolitano                   Councilman Petruzzelli
Councilman Hak                                 Councilman Sluka
Councilman Linken                              Councilman Sytko

Also Present: Borough Administrator/Clerk Christina Ariemma and Borough Attorney
Robert Renaud.


MINUTES:

Regular Meeting of the Mayor and Council held on August 24, 2010.
Executive Session of the Mayor and Council held on August 24, 2010.
Workshop Session of the Mayor and Council held on August 24, 2010.

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


COMMUNICATIONS:
   1)     NEW JERSEY STATE LEAGUE OF MUNICIPALITIES –
          a. Mayor’s Fax Advisory –
                   i. 08/23/10, RE: Governor Sign 3 Bills, Hotel Occupancy Taxes, A-2579/S1828 – Impact of
                      Tax Appeal Judgments on Reserve for un-collected Taxes Calculation, A-2950/S-2077. –
                      County Deer Management Plan, S-1776/A-2863.
                  ii. 08/24/10, RE: Senate Action on Bills No Help for Budgets.
                iii. 08/30/10, RE: Assembly Committee Hearing on Unfunded Mandates.
                 iv. 08/30/10, RE: A-2095, Revises Requirements for Emergency Medical Services Delivery
                      – League’s Mayor’s Committee Update on Unfunded Mandates & Best Practices.
                  v. 08/30/10, RE: Best Practices checklist.
                 vi. 09/01/10, RE: D.A.R.E. New Jersey, Inc.
                vii. 09/01/10, RE: NJOEM Kicks off National Preparedness Month
               viii. 09/02/10, RE: Training Opportunities for Mayors’ and Council Members.
                 ix. 09/02/10, RE: County Tax Appeals Survey.
                  x. 09/07/10, RE: Moody’s Downgrade of Westfield Causes Budget Cap Concern.
                 xi. 09/09/10, RE: NJ Alert, the State’s New Mass Text and E-mail Emergency Notification
                      System.
                xii. 09/09/10, RE: Governor Christie’s New Reform Agenda.
               xiii. 09/10/10, RE: Verizon to Claim More Personal Property Tax Exemptions – Verizon v.
                      Hopewell, Status Update.
               xiv. 09/10/10, RE: DCA Checklist Clarifications Forthcoming.
             RECEIVED AND FILED.



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                                              Council Meeting Minutes/September 14, 2010

   2)      COMCAST –
                i. 08/26/10, RE: MSG (Madison Square Garden) and MSG Plus.
             RECEIVED AND FILED.


ORDINANCES:

NONE.


COMMITTEE REPORTS

POLICE, PUBLIC HEALTH AND SAFETY: Councilman Linken, Chr.
NO REPORT

STREETS AND ROADS/ECOLOGY: Councilman Sluka, Chr.
Sewers: No reported sewer blockages have been received since last report. Scheduled
preventative maintenance treatments have been performed for the month. Road Maintenance:
Street sweeping is being done daily, weather permitting. Miscellaneous: Scheduled yearly catch
basin repairs will begin this week. Crosswalk repainting and line striping has been completed in
all areas. Street sign repair and replacement is ongoing.
Report received and spread across the minutes by motion of Councilman Linken,
seconded by Council President Napolitano. All Ayes

FIRE: Councilman Petruzzelli, Chr.
The Fire Committee hereby approves the membership application for David LaGruth, 710 North
Avenue, Apt. 19, Garwood, NJ 07027
Report received and spread across the minutes, recommendation contained therein be
adopted by motion of Councilman Sluka, seconded Council President Napolitano. All
Ayes.

FINANCE: Council President Napolitano, Chr.                NO REPORT

BUILDINGS AND GROUNDS: Councilman Sytko, Chr.                      NO REPORT

LAWS AND LICENSES: Councilman Sytko, Chr.
Tonight there are three applications for a Raffle Licenses. The committee recommends the
adoption of Resolution No. 10-241, for the application of one on-premise 50/50 raffle, one on-
premise merchandise raffle and one off-premise merchandise raffle to be drawn on October 24,
2010, at The Westwood, 438 North Avenue, Garwood, NJ, by BEST FRIEND DOG & ANIMAL
ADOPTION, INC.
Report received and spread across the minutes, recommendation contained therein be
adopted by motion of Councilman Sluka, seconded Councilman Linken. All Ayes.

RECREATION: Councilman Petruzzelli, Chr. NO REPORT

COMMITTEE ON AGING: Councilman Petruzzelli, Chr.                   NO REPORT

LIBRARY, MAYOR’S REPRESENTATIVE: Councilman Hak NO REPORT

SCHOOL BOARD LIAISON: Councilman Sluka                     NO REPORT

TRANSPORTATION ADVISORY COUNCIL REPRESENTATIVE: Councilman Hak
NO REPORT

CELEBRATION OF PUBLIC EVENTS AND HOLIDAYS LIAISON:
Councilman Sytko



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                                                      Council Meeting Minutes/September 14, 2010

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

ATHLETIC FIELD COMPLEX PROJECT COMMITTEE REPRESENTATIVE:
Councilman Linken NO REPORT


OFFICER’S REPORTS:

Chief of Police William Legg: 28 Day Report for July 24th to August 19th 2010.
Chief of Police William Legg: August 2010 Summons Report.
Aggie Kurzweil, Municipal Tax Collector: monthly report for August 2010.
Martha Marino Municipal Court Administrator: monthly report for August 2010.
Date of Report: SEPTEMBER 07, 2010

Listed below are the monies collected during the month of: AUGUST 2010
Traffic                                                    $ 15,279.00
Criminal                                                   $   4,781.00
TOTAL:                                                     $ 20,060.00
Listed below are the monies disbursed during the month of: AUGUST 2010
Borough of Garwood                                         $   9,005.73
Borough of Garwood (Public Defender)                       $     603.00
Borough of Garwood (POAA)                                  $      14.00
Union County Treasurer                                     $   3,295.00
Union County Treasurer (Lab Fees)                          $      N/A
Treasurer State of New Jersey (ATS)                        $     895.00
Treasurer State of New Jersey (DMV)                        $   3,318.77
Treasurer State of New Jersey (DEDR)                       $      50.00
Treasurer State of New Jersey (VCCB)                       $      50.00
Treasurer State of New Jersey (SNSF)                       $      90.50
Treasurer State of New Jersey-Conditional Discharge        $     N/A
Treasurer State of New Jersey (State Lab Fees)             $     N/A
Treasurer State of New Jersey (Web Fees)                   $     179.00
Weights and Measures                                       $   2,500.00
Restitution                                                $        5.00
TOTAL:                                                     $ 20,006.00


Respectfully submitted by: Martha Marino/ Court Administrator


The foregoing reports were adopted as submitted by motion of Councilman Sytko,
seconded by Councilman Linken. All Ayes.


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

Jim Mathieu, 335 Hazel Avenue asked why we have school budget elections. Borough
Attorney Robert Renaud, Councilman Linken and Ms. Ariemma answered Mr. Mathieu.
Mr. Mathieu made additional comments and suggestions.

Bruce Paterson, 325 Willow Avenue mentioned the election and taxes. He asked about
crossing guards. Police Chief Legg answered. Mr. Paterson asked more questions that
were answered.

Kathleen Villaggio, 313 Fourth Avenue commented on the school, budget and she stated
the budget is tight.




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                                                  Council Meeting Minutes/September 14, 2010

UNFINISHED BUSINESS

                                     CONSENT AGENDA
                                    (Adoption upon Roll Call)
                                        RESOLUTION NO. 10-241
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, in the County of Union, State
of New Jersey, that the license to conduct an On-Premise 50/50 Raffle, On-Premise Merchandise Raffle and
a Off-Premise Merchandise Raffle, on October 24, 2010, to be held at the Westwood, 438 North Avenue,
Garwood, NJ from 12:00 – 5:00 p.m., is hereby granted to Best friend Dog and Animal Adoption, Inc.,
pursuant to Application Number RA-904, RA-905 & RA-906.
                                        RESOLUTION NO. 10-242
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 the Maintenance Agreement with:
                                          S.B.P. Industries
                                          1301 New Market Avenue
                                          South Plainfield, NJ 07080
For Annual Generator Maintenance Contract for (1) service annually at a cost of $335.00 plus mileage
and additional rates as follows:
                                  Straight Time:           $ 90.00/Hr.
                                  Time and a half $135.00/Hr.
                                  Double Time $180.00/Hr.
                                  Mileage:                 $ 1.00/Mi
                                  Waste removal: $ 10.00
                                  Contract Term: November 1, 2010 to October 31, 2011
                                  LOCATION: Police Department
                                  Model: Generac 00910 S
                                  Serial Number: 3150484
                                        RESOLUTION NO. 10-243
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood County of Union, State of
New Jersey, hereby authorize the Mayor and Municipal Clerk to sign the Indemnification Agreement
with the County of Union for use of the Conservation Center for leaf disposal.
                                        RESOLUTION NO. 10-244
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of
New Jersey hereby authorize the Mayor and Municipal Clerk to sign the contract with County of Union,
Community Development Block Grant, Year 36, September 1, 2010 to August 31, 2011.
                 FOR THE FOLLOWING:
                 Senior Citizen Transportation Program             $3,889.00
                 Senior Citizen Program                            $18,966.00
                 Senior Citizen Handyman Program                           $8,000.00
                                        RESOLUTION NO. 10-245
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of
New Jersey, hereby approves to refund overpayment of property taxes on the following property.
REFUND:
BLOCK            LOT              NAME & ADDRESS                                   AMOUNT
0106             0008.01                  Spencer, Dawn                                    $561.39
                 C0031            514 Maple Court, C301
                                  Garwood, NJ 07027
EXPLANATION:              Payment for 3rd Qtr. 2010 taxes paid by Title Company. This caused
                          overpayment. Taxes for 4th Qtr. will be escrowed. Refund check should be
                          issued to property owner.
                                        RESOLUTION NO. 10-246
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of
New Jersey, hereby approves to refund property taxes on the following properties.
REFUND DUE TO SUCCESSFUL TAX APPEALS:
BLOCK            LOT              NAME & ADDRESS                                   AMOUNT
0206             0029             Lukaszewicz, Tadeusz & Cecylia                   $90.20
                                  32 Second Avenue
                                  Garwood, NJ 07027
0302             0002             Garwood-Rachael Inc.                             $261.45
                                  c/o Stacy Cascio
                                  204 Sinclair Place
                                  Westfield, NJ 07090
EXPLANATION:              This refund reflects a successful County Board Appeal for 2010 Taxes. All 2010
                          Taxes have been paid.




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                                                  Council Meeting Minutes/September 14, 2010

                                      RESOLUTION NO. 10-247
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of Union, State of
New Jersey, hereby approves to refund overpayment of property taxes on the following property.
REFUND:
BLOCK            LOT             NAME & ADDRESS                                  AMOUNT
0406             0003            Roger L. Yeager                                 $1,095.24
                                 349 Willow Avenue
                                 Garwood, NJ 07027
EXPLANATION:             Payment for 3rd Qtr. 2010 taxes paid by homeowner as well as a Tax Service.
                         This caused overpayment. Taxes for 4th Qtr. will not be escrowed. Refund
                         check should be issued to property owner.
                                      RESOLUTION NO. 10-248
BE IT RESOLVED by the Mayor and Council of the Borough of Garwood that the Municipal Clerk be
and hereby is authorized to advertise for sale at public auction on September 29, 2010, at the time and
place set forth below, municipal vehicle used by the Department of Public Works.
THE FOLLOWING EQUIPMENT MAY BE EXAMINED AT THE DEPARTMENT OF PUBLIC
WORKS, 15 SOUTH AVENUE, GARWOOD, NJ, AT 9:00 A.M., ON THE DAY OF THE AUCTION
OR BY SCHEDULED APPOINTMENT BY CALLING 908-789-0710. PUBLIC AUCTION WILL
COMMENCE AT 11:00 A.M., AND BE HELD IN THE COUNCIL CHAMBERS OF THE
MUNICIPAL BUILDING AT 403 SOUTH AVENUE, GARWOOD, NJ.
MUNICIPAL VEHICLE
        (1)      1985 International Garbage Truck
                 Vin #: 1HTZNTVR1FHA35602
                 Min Bid:        $2,000.00
THE VEHICLE LISTED ABOVE IS OFFERED STRICTLY IN “AS IS” CONDITION, WITH NO
REPRESENTATION AS TO CONDITION OR FITNESS FOR ANY PARTICULAR PURPOSE.
PURCHASE MUST BE MADE BY CASH OR CERTIFIED CHECK, A 10% DEPOSIT MUST BE
GIVEN AT TIME OF AUCTION. BALANCE MUST BE PAID BY 4:00 P.M. THE SAME DAY. THE
PUBLIC AUCTION SHALL BE HELD PURSUANT TO, AND IN ACCORDANCE WITH THE LAWS
OF THE STATE OF NEW JERSEY PERTAINING THERETO.
                                      RESOLUTION NO. 10-249
WHEREAS, the Borough of Garwood (hereinafter referred to as the “Employer”) by resolution
previously adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan”) for the purpose
of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred
Compensation Plan; and
WHEREAS, the Economic Growth and Tax Relief Reconciliation Act of 2001, the 2005 final
regulations issued under the Uniformed Services Employment and Reemployment Rights Act of 1994,
the Pension Protection Act of 2006, final Treasury Regulation §1.457-4, the Heroes Earnings Assistance
and Relief Tax Act of 2008 , and the Worker, Retiree and Employer Recovery Act of 2008 amended
sections of the Internal Revenue Code (the “Code”) and the rules and/or regulations issued thereunder
affecting Section 457 Deferred Compensation Plans (cumulatively referred to as the “Acts and
Regulations”); and
WHEREAS, the Employer desires its Plan to conform with the changes in the Code and Treasury
regulations brought about by the Acts and Regulations; and
 WHEREAS, the Employer desires to adopt a restated Plan that conforms with the changes in the Code
and Treasury regulations resulting from the Acts and Regulations; and
WHEREAS, such revised Plan shall supersede the previously adopted Plan; and
NOW, THEREFORE BE IT RESOLVED that the Employer hereby adopts a revised Plan 76-PD-
Lincoln-120709.
BE IT FURTHER RESOLVED that The Lincoln National Life Insurance Company and Lincoln
Financial Group, it’s agent, has agreed to continue to be the provider of the Deferred Compensation
Program for employees and elected officials; and
BE IT FURTHER RESOLVED that the Lincoln National Life Insurance Company and Lincoln
Financial Group it’s agent, will continue to provide, for the benefit of the participants the Multi-Fund
Variable Annuity contract; and
BE IT FURTHER RESOLVED that there has been no collusion, or evidence or appearance of
collusion, between any local official and a representative of Lincoln National Life Insurance Company
and Lincoln Financial Group, it’s agent, in the selection of a provider pursuant to N.J.A.C. 5:37 - 5.7.;
and
BE IT FURTHER RESOLVED that the Finance Director or Business Administrator is authorized to
execute an Administrative Services Agreement with the Lincoln National Life Insurance Company and
Lincoln Financial Group, its agent, (12-SA-Lincoln-072595) and such other agreements as are necessary
to implement the Deferred Compensation Program. It is implicitly understood that there is to be no cost
or contribution by the Employer to the program; and




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                                               Council Meeting Minutes/September 14, 2010

BE IT FURTHER RESOLVED that the Borough Administrator is authorized to serve as the
“Administrator” of the plan, represent the Employer, and execute individual deferred compensation
agreements with each said employee; and
BE IT FURTHER RESOLVED by the Employer that the Clerk forward a certified true copy of this
resolution to the Borough Administrator; and
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the
Director of the Division of Local Government Services at P.O. Box 803; Trenton, NJ 08625-0803.

A motion to adopt Consent Agenda was made by Councilman Sluka, seconded by
Councilman Hak, whereupon Mayor McCarthy directed Roll Call, Council President
Napolitano-Aye, Councilman Hak–Aye, Councilman Linken-Aye, Councilman
Petruzzelli-Aye, Councilman Sluka-Aye, Councilman Sytko-Aye. All Ayes, Consent
Agenda was adopted.


RESOLUTIONS DELETED FROM THE CONSENT AGENDA:

NONE.


NEW BUSINESS:
Any new business the Mayor and Council may have:

PROCLAMATION:
POW/MIA Remembrance Day – September 17, 2010.


PAYMENT OF CLAIMS

A motion by Council President Napolitano 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: $2.40          Trust Acct: $4,809.23     Unemployment Acct: $162.00
Capital Acct: $4,125.00      Current Acct: $873,737.86

Motion duly seconded by Councilman Linken, whereupon Mayor McCarthy directed Roll
Call, Council President Napolitano-Aye, Councilman Hak–Aye, Councilman Linken-Aye,
Councilman Petruzzelli-Aye, Councilman Sluka-Aye, Councilman Sytko-Aye. All Ayes


ADJOURNMENT

Mayor McCarthy announced the Regular Meeting of the Mayor and Council will be held
on TUESDAY, SEPTEMBER 28, 2010, in Council Chambers at 7:15 p.m. Workshop
Session to start at 7:00 p.m.

At 7:45 p.m., a motion to adjourn was made by Councilman Sytko, seconded by
Councilman Linken. All Ayes.




                                            CHRISTINA M. ARIEMMA, Municipal Clerk
                                            Borough of Garwood

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