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
                                        February 12, 2008

The Regular Meeting of the Mayor and Council was held in Council Chambers and called
to order at 7:17 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 7,
2008 and the Cranford Chronicle, advertised on January 11, 2008 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 Villaggio                   Councilman Sluka
Councilman Napolitano                         Councilman Tucker

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

Councilman Schadewald and Councilman Sytko were absent


MINUTES:
Regular Meeting of the Mayor and Council held on January 22, 2008.
Executive Session of the Mayor and Council held on January 22, 2008.
Workshop Session of the Mayor and Council held on January 22, 2008.

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


COMMUNICATIONS:
   1)     NEW JERSEY STATE LEAGUE OF MUNICIPALITIES –
          a. Mayor’s Fax Advisory –
                   i. 01/18/08, RE: Smart Future Planning Grant Request for Proposals.
                  ii. 01/22/08, RE: Budget Deadline Extensions & Budget Referendums.
                iii. 01/24/08, RE: New Jersey Future 2008 Redevelopment Forum.
                 iv. 01/25/08, RE: Attorney General Directive Concerning Immigration and State and Local
                      Law Enforcement Update.
                  v. 01/25/08, RE: Home Ownership Preservation.
                 vi. 01/25/08, RE: Municipal Library Over Funding Relief Bill Advances /A-1645 Qualified
                      Purchasing Agent.
                vii. 01/25/08, RE: Dual Elective Office Holding Prohibition.
               viii. 01/28/08, RE: League Electronic Library of Ordinances & Sample Shared Service
                      Agreements.
                 ix. 01/29/08, RE: State Financial Restructuring.
                  x. 01/29/08, RE: Legislative Developments, Municipal Prosecutor Mandates/Paid Family
                      Leave.
                 xi. 01/30/08, RE: Use Your League.
                xii. 01/30/08, RE: Appellate Division Affirms That Specificity Required for Proper OPRA
                      Request.
               xiii. 01/30/08, RE: Affordable Housing Update: Clarifications.
               xiv. 02/01/08, RE: Interconnection of PEG between Verizon and Incumbent Cable Providers.
                xv. 02/05/08, RE: Understanding and Implementing the NJ School Funding Formula.
                      Conference.
               xvi. 02/07/08, RE: Binding Arbitration and Property Taxes.
          RECEIVED AND FILED.



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                                                                  Council Meeting Minutes/February 12, 2008

     2)        COMCAST –
               a. 01/25/08, RE: Channel Changes.
               b. 02/08/08, RE: Channel Changes.
               RECEIVED AND FILED.
     3)        TOWNSHIP OF CRANFORD – 02/042008, RE: Ordinance 2008-5, Authorizing Inter local Services
               Agreement with the Borough of Garwood for construction code inspection and enforcement services.
               RECEIVED AND FILED.
     4)        GARWOOD PLANNING BOARD – 02/04/2008, RE: Summary of Minutes of the meeting held on
               January 9, 2008.
               RECEIVED AND FILED.
     5)        RAHWAY VALLEY SEWERAGE AUTHORITY – 01/29/2008, RE: Summary of Minutes of the
               Regular Meeting held on December 20, 2007.
               RECEIVED AND FILED.



ORDINANCES:
ADOPTION:

Public Hearing on Ordinance 08-01, as advertised in the Cranford Chronicle on January
25, 2008.

Mayor McCarthy requested the Municipal Clerk to read Ordinance 08-01 by title only:
                                                ORDINANCE NO. 08-01
      AN ORDINANCE FIXING THE SALARIES AND WAGES FOR THE DEPARTMENT OF PUBLIC
      WORKS OF THE BOROUGH OF GARWOOD, IN THE COUNTY OF UNION, STATE OF NEW
      JERSEY.
      BE IT ORDAINED by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey:
SECTION 1. Salary for years 2008, 2009, 2010, 2011, 2012 for employees hired prior to January 1, 2008 is as follows:

              Year                                       2008         2009           2010         2011          2012

              Hourly Rate                                25.64       26.54      27.47       28.50         29.57
SECTION 2.         Employees hired on or after January 1, 2008 shall be paid twenty (20%) percent less prevailing rate for year
one and ten (10%) less prevailing rate for year two as indicated below.
SECTION 3.         Employees hired on or after January 1, 2009 shall be paid twenty (20%) percent less prevailing rate for year
one and ten (10%) less prevailing rate for year two as indicated below.
SECTION 4.         Employees hired on or after January 1, 2010 shall be paid twenty (20%) percent less prevailing rate for year
one and ten (10%) less prevailing rate for year two as indicated below.
SECTION 5.         Employees hired on or after January 1, 2011 shall be paid twenty (20%) percent less prevailing rate for year
one and ten (10%) less prevailing rate for year two as indicated below.
SECTION 6.         Employees hired on or after January 1, 2012 shall be paid twenty (20%) percent less prevailing rate for year
one and ten (10%) less prevailing rate for year two as indicated below.

             Year One 20% less                           2008         2009           2010          2011         2012

             Hourly Rate                                20.51         21.23         21.98         22.80         23.66



             Year Two 10% less                           2008         2009           2010          2011         2012

              Hourly Rate                                              23.89         24.72        25.65         26.61
SECTION 7.           The foreman shall receive additional salary of $3.00 per hour.
SECTION 8.                    Salaries and wages shall be bi-weekly and shall be retroactive and/or take effect as of January 1st of
the year designated.
SECTION 9.                    All ordinances or parts of ordinances inconsistent herewith are repealed.
SECTION 10.          The within ordinance shall take effect at the time and in the manner provided by law. It shall become
operative twenty days after the publication thereof after final passage and in accordance with law.


List correspondence concerning Ordinance No. 08-01. NONE.

The Mayor then asked if any one present wished to be heard concerning Ordinance 08-01.

Bruce Paterson, 325 Willow Avenue asked if this ordinance is updating the current
contract. Mayor McCarthy responded yes.

Motion to close Public Hearing on Ordinance 08-01 was made by Council President
Villaggio, and seconded by Councilman Sluka. All Ayes.




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                                               Council Meeting Minutes/February 12, 2008

A motion to adopt Ordinance 08-01 was made by Council President Villaggio, seconded
by Councilman Sluka, whereupon Mayor McCarthy directed Roll Call, Council President
Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-Absent,
Councilman Sluka-Aye, Councilman Sytko-Absent, Councilman Tucker-Aye. 4-Ayes, 2-
Absent. Ordinance 08-01 was adopted.

INTRODUCTION:
Municipal Clerk Christina Ariemma read by title only:
                                 ORDINANCE NO. 08-02
       AN ORDINANCE AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE TOWNSHIP OF
       CRANFORD REGARDING THE PROVISION OF CERTAIN UNIFORM CONSTRUCTION CODE
       INSPECTION AND ENFORCEMENT SERVICES
Motion to adopt Ordinance 08-02 was made by Council President Villaggio, seconded by
Councilman Tucker, whereas McCarthy directed Roll Call, Council President Villaggio-
Aye, Councilman Napolitano-Aye, Councilman Schadewald-Absent, Councilman Sluka-
Aye, Councilman Sytko-Absent, Councilman Tucker-Aye. 4-Ayes, 2-Absent. Ordinance
08-02 was adopted.

Municipal Clerk Christina Ariemma read by title only:
                                     ORDINANCE NO. 08-03
       AN ORDINANCE TO PROVIDE FOR A REVISED RATE SCHEDULE FOR 2008 PURSUANT TO
       '134-16 (RATE SCHEDULE) IN ARTICLE V (INDUSTRIAL WASTE & FEES) IN CHAPTER 134
       OF THE CODE OF THE BOROUGH OF GARWOOD, FOR THE INDUSTRIAL USER CHARGE
       PROVIDED FOR IN '134-15.
Motion to adopt Ordinance 08-03 was made by Council President Villaggio, seconded by
Councilman Sluka, whereas McCarthy directed Roll Call, Council President Villaggio-
Aye, Councilman Napolitano-Aye, Councilman Schadewald-Absent, Councilman Sluka-
Aye, Councilman Sytko-Absent, Councilman Tucker-Aye. 4-Ayes, 2-Absent. Ordinance
08-03 was adopted.


COMMITTEE REPORTS

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

STREETS AND ROADS/ECOLOGY: Councilman Schadewald, Chr.
READ BY: Councilman Tucker
On January 29th, the D.P.W. responded to a reported sewer backup on the 100 block of Willow
Ave. Upon investigation by the D.P.W., the Borough line was found to be blocked. The line was
then jetted and the blockage was cleared. No blockages have been reported so far this month
Preventative maintenance inspections and treatments will be done this week. Pothole repairs are
being done throughout the Borough weekly, weather permitting. Street sign repairs and
replacements are ongoing.
Report received and spread across the minutes by motion of, seconded by. All Ayes

FIRE: Councilman Sluka, Chr. NO REPORT

FINANCE: Council President Villaggio, Chr.
The Finance Committee is meeting on the budget. This year among other increases,
pensions have risen 214K and Library 17K.
Report received and spread across the minutes by motion of Councilman Sluka,
seconded by Councilman Tucker. All Ayes

BUILDINGS AND GROUNDS: Councilman Sytko, Chr. ABSENT.

LAWS AND LICENSES: Councilman Sluka, Chr.
Tonight there are TWO applications for Raffle Licenses. The committee recommends the
adoption of Resolution No. 08-153, for the application of one on-premise 50/50 raffle and



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                                                 Council Meeting Minutes/February 12, 2008

one on-premise merchandise raffle, to be held March 19, 2008, at The Westwood, 438
North Avenue, Garwood, NJ, by UNION HIGH SCHOOL P.T.A., UNION, NJ
Report received and spread across the minutes, recommendation contained therein be
adopted by motion of Council President Villaggio, seconded Councilman Tucker. All
Ayes.

RECREATION: Councilman Napolitano, Chr.
This past Saturday the Recreation Committee held its first ski trip to Hidden Valley in
Vernon, NJ. This year mother-nature was came through and it was a success. Residents of
all ages attended and beginners received lessons and our experienced skiers had the
slopes almost to themselves. The winter recreation children’s basketball league is
underway and their a 5 3rd through 5th grade teams, and 4 6th through 8th grade teams, for
a total of 99 children. Also underway is the first and second grade basketball clinics that
currently has 18 children participating and clinical wrap up on Thursday, February 28th.
On Monday nights the school gymnasium is open for soccer practice from 6:00 to 7:30
p.m. and open for youth basketball from 7:30 to 9:00 p.m.
Report received and spread across the minutes by motion of Councilman Sluka,
seconded by Council President Villaggio. All Ayes

COMMITTEE ON AGING: Councilman Napolitano, Chr. NO REPORT

LIBRARY, MAYOR’S REPRESENTATIVE: Councilman Tucker
The Garwood Public Library has begun a new initiative for 2008. “Read-Just for the fun of it!”
hoping to encourage children and adults to pick up a book and reads, anytime, anywhere…just
because they want to. Children in the Garwood school systems are adding segments to a
Bookworm that will stretch around the library for every book they read. So far, the bookworm is
about a quarter of the way on his journey. February is “Love your Library “month. Local Barnes
and Noble stores will make a contribution to NJLA (NJ Library Assn.) in support of the Summer
Reading Programs, for any purchase at the store, provided you present a voucher obtained by
your library. Voucher slips are available at the Circulation Desk of the Library. On Tuesday,
February 26th the Garwood Library will host a program called “Reducing Stress in Your Life”
presented by Rutgers Cooperative Extension, offering tips and techniques to reduce the stress
created by our busy lives. The program is free, however registration is recommended as space is
limited. That’s Tuesday, February 26th, at 6:30 p.m. at the library. The Classic Movie Series is
continuing at the library, every Friday morning at 10:00 a.m. The month of February is devoted
to love stories. Coffee and Tea, and a light desserts are provided, however you are welcomed to
bring your own if you wish. Toddler Story time takes place every Wednesday morning at 10:30
a.m. at the library for children under the age of 4. It’s full of stories, signing and lots of fun.
This year’s annual Summer Reading Program will follow the theme of “Catch the Reading Bug”
The program will begin just as school ends and will run for eight weeks, culminating in the usual
Make-Your-Own-Sundae ice cream party. More details will follow as the date comes closer.
The Garwood Library is developing a collection of current and classic movies on DVD, as well
as a collection of audio books. DVDs are lent out for one week, free of charge, but there is a fine
of $1.00 per day if overdue. Audio books are lent out for two weeks free of charge, with an
option of one renewal. Most audio books are on CD, but some of the older ones are on cassette
tape. The Garwood Library also has a new website.                                 The URL is
www.youseemore.com/garwood. From that site, you can connect to the online catalog, view the
calendar of events being held at the library, and connect to research databases. Some data bases
are available from home and some are only through the library. In any event, you need a valid
library card to connect to those data bases. Just as a reminder, the Garwood Library is now open
Monday through Thursday from 9:00 a.m. to 8:00 p.m., Friday from 9:00 a.m. to 4:30 p.m. and
on Saturdays from 9:00 a.m. to 1:00 p.m.
Report received and spread across the minutes by motion of Councilman Sluka,
seconded by Council President Villaggio. All Ayes

SCHOOL BOARD LIAISON: Council President Villaggio NO REPORT

TRANSPORTATION ADVISORY COUNCIL REPRESENTATIVE: Councilman Sytko


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                                                   Council Meeting Minutes/February 12, 2008

ABSENT.

CELEBRATION OF PUBLIC EVENTS AND HOLIDAYS LIAISON:
Councilman Sluka NO REPORT

UNION COUNTY AIR TRAFFIC NOISE ADVISORY BOARD REPRESENTATIVE:
Councilman Sytko READ BY: Councilman Sluka
The Union County Air Traffic & Noise Advisory Board met on January 29, 2008. The board
discussed several matters relating to air traffic patterns out of Newark International Liberty
Airport. Newark is currently in the process of altering its traffic patterns, specifically along
Runway 22, which is close to Elizabeth. The Federal Aviation Administration has failed to
perform compliance monitoring to determine existing noise levels before making alterations to
the flight patterns. In addition, the FAA did not plan ocean routing during nighttime; this move
would bring the noise levels within acceptable standards. The current plan is similar to straight
out departures, which is far below the current requirements. Elizabeth has currently filed a
lawsuit against the FAA seeking a stay. The initial argument was based off a similar situation in
Delaware City, but since Pennsylvania rejected that argument, Elizabeth is currently revamping
its legal argument. In addition, the FAA is looking to consolidate several cases in the area to the
DC Circuit. Such a move would cause delays, which might pass over into the next FAA
administration, which could potentially make the entire argument moot. In addition, Senators
Lautenberg and Menendez voted against the appointment of Robert Sturgell as FAA
Administrator. Sturgell was a proponent of an airspace redesign over the metro region which
would have disrupted the lives of the area’s residents. The next meeting of the board is February
25.
Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman Napolitano. All Ayes

ATHLETIC FIELD COMPLEX PROJECT COMMITTEE REPRESENTATIVE:
Councilman Napolitano
The committee met on Thursday, February 7th to review proposals received from the qualified
professionals. Kinsey Associates submitted a proposal for $65,000 for landscape architect
design, The Musial Group submitted a proposal for $67,500 for building architect design, and
GRA submitted a proposal for $183,000 for building and landscaped architect design. The
committee met with each individual and asked various questions. The committee is hereby
recommending the professional contracts be awarded to Kinsey Associates for landscape
architect design and to The Musial Group for building architect design. The committee also
discussed the boundary and topographic survey and recommends the engineer be authorized to
complete the survey. The next committee meeting will be held on Thursday, March 6, 2008 at
7:00 p.m.
Report received and spread across the minutes by motion of Council President
Villaggio, seconded by Councilman Napolitano. All Ayes


OFFICER’S REPORTS:

Chief of Police William Legg: Monthly Activities Report for December 2007.
Chief of Police William Legg: Summons Report for January 2008.
Chief of Police William Legg: 28 Day Report from 01/11/08 – 02/07/08.
Municipal Tax Collector Loretta Glogorski report for the month of January 2008.
Municipal Court Administrator report for the month of January 2008.
Date of Report: February 06, 2008
Listed below are the monies collected during the month of January 2008
Traffic                                                 $ 20,580.00
Criminal                                                $ 3,252.00
TOTAL:                                                  $ 23,832.00
Listed below are the monies disbursed during the month of: January 2008
Borough of Garwood                                      $   11,600.86
Borough of Garwood (Public Defender)                    $      354.00
Borough of Garwood (POAA)                               $      8.00
Union County Treasurer                                  $   4,708.50
Union County Treasurer (Lab Fees)                       $      N/A



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                                                                 Council Meeting Minutes/February 12, 2008

Treasurer State of New Jersey (ATS)                                   $      871.00
Treasurer State of New Jersey (DMV)                                   $    5,228.64
Treasurer State of New Jersey (DEDR)                                  $       51.00
Treasurer State of New Jersey (VCCB)                                  $       165.00
Treasurer State of New Jersey (SNSF)                                  $       239.00
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)                              $      91.00
TOTAL:                                                                $    23,317.00
Respectfully submitted by: Martha Marino/ Court Administrator

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


HEARING OF CITIZENS WHO WISH TO ADDRESS THE MAYOR AND
COUNCIL:
Bruce Paterson, 325 Willow Avenue thanked the council for the new committee report,
talked about tax increases and reports. Mayor McCarthy stated the commissioner will be
present at various meetings to give reports. Mr. Paterson mentioned the committee, sub
committee concerning the master plan review. Council President Villaggio responded to
Mr. Paterson’s questions.


UNFINISHED BUSINESS

                                              CONSENT AGENDA
                                             (Adoption upon Roll Call)
                                                    RESOLUTION NO. 08-153
  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 and an On Premise Merchandise raffle on March 19, 2008, to be held at the Westwood,
  438 North Avenue, Garwood, NJ at 8:00 p.m., is hereby granted to Union High School PTA, pursuant to Application Number RA
                                                          #844 and RA #845
                                                    RESOLUTION NO. 08-154
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
approves the list of members eligible for 2007 LOSAP Benefits from the Garwood First Aid Squad.
BE IT FURTHER RESOLVED, that the list attached be and is hereby made part of this resolution.
                                                    RESOLUTION NO. 08-155
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
approves the list of members eligible for 2007 LOSAP Benefits from the Garwood Fire Department.
BE IT FURTHER RESOLVED, that the list attached be and is hereby made part of this resolution.
                                                    R E S O L UTI O N N O . 0 8 - 1 5 6
WHEREAS, Ann Guerriero has faithfully and conscientiously served the citizens of our Borough as a member of the Garwood
Board of Health from January 1, 1980 until December 31, 2007, serving as Secretary as well as President of the Board of Health
for several years; and
WHEREAS, the Mayor and Council wish to publicly acknowledge and commend her for her loyal and dedicated service to the
Board of Health and all the people of the Borough of Garwood.
NOW, THEREFORE, BE IT RESOLVED by Mayor and Council of the Borough of Garwood do hereby express “Best
Wishes” to Ann Guerriero and her family in the coming years; and
BE IT FURTHER RESOLVED that the Mayor, Council, and Municipal Clerk be and they are hereby authorized to affix their
signatures to this resolution, which shall be presented to Ann Guerriero.
                                                    R E S O L UTI O N N O . 0 8 - 1 5 7
WHEREAS, on Saturday, December 8, 2007, Police Officer Gennaro Mirabella of the Garwood Police
Department received a 911 distress call from 440 Beech Avenue, requesting medical attention for an
unconscious male; and
WHEREAS, Police Officer Todd Herz responded and upon his arrival reported that the victim, Ernest Dias
was unconscious with no pulse. He began CPR and Sergeant Thomas Mericle arrived. They used the
Automatic Defibrillator to regain a pulse and heartbeat; and
WHEREAS, the victim began breathing on his own, the paramedics and rescue squad arrived and
transported the victim to the hospital; and
WHEREAS, it was later reported to Sergeant Mericle that the efforts performed at the scene were directly
responsible for saving the life of Ernest Dias; and
WHEREAS, Police Officer Herz and Sergeant Mericle’s training was reflected in there swift and decisive
action in saving the life of Ernest Dias as well as Police Officer Gennaro Mirabella who worked dispatch
and;
WHEREAS, Police Officer Herz, Sergeant Thomas Mericle and Police Officer Gennaro Mirabella brought
honor to themselves, their family, the Garwood Police Department, the Mayor and Council and the
Borough of Garwood.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood, County of
Union, State of New Jersey, do hereby proclaim that Police Officer Todd Herz, Sergeant Thomas Mericle




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                                                                Council Meeting Minutes/February 12, 2008

and Police Officer Gennaro Mirabella be honored for their dedication and for saving the life of Ernest Dias;
and
BE IT FURTHER RESOLVED that the Mayor, Council, and Municipal Clerk be and they are hereby
authorized to affix their signatures to this resolution, which shall be presented to Police Officer Todd Herz,
Sergeant Thomas Mericle and Police Officer Gennaro Mirabella.
                                                   R E S O L UTI O N N O . 0 8 - 1 5 8
WHEREAS, it has pleased Almighty God in His infinite wisdom to take unto Himself on December 12, 2007, our esteemed
fellow citizen, life long resident of Garwood Frank Wanca, a former councilman and life member of the Garwood Fire
Department; and
WHEREAS, Mr. Wanca’s service to his community had been performed in a devoted and conscientious manner; and
WHEREAS, the Governing Body of the Borough of Garwood and the entire citizenry of the community is deeply bereaved over
his passing; and
WHEREAS, the Mayor and Council of the Borough of Garwood cannot adequately express by any written word its deep
appreciation for the sacrifices and selflessness which has characterized his entire life; and
NOW, THEREFORE, BE IT RESOLVED, that we, the Mayor and Council of the Borough of Garwood, County of Union,
State of New Jersey, do hereby extend to his bereaved family our sincere sympathy and condolences for the great loss sustained;
and
 BE IT FURTHER RESOLVED, that the Mayor, Council and Municipal Clerk be and they are hereby authorized to affix their
 signatures to this resolution, embossed with the seal of the Borough of Garwood, which shall be presented to the Wanca family.
                                                   R E S O L UTI O N N O . 0 8 - 1 5 9
WHEREAS, it has pleased Almighty God in His infinite wisdom to take unto Himself on Tuesday, January 22, 2008, our
esteemed fellow citizen of Garwood Doris Colwell Mann, the borough’s first councilwoman, past president on the ladies
auxiliary to the Garwood Fire Department and former newspaper correspondent, who wrote for the Cranford Chronicle; and
WHEREAS, Mrs. Mann’s service to her community had been performed in a devoted and conscientious manner; and
WHEREAS, Mrs. Mann spent seven years on council, including a one year un-expired term and two three year terms, which
during her tenure she was Building & Grounds Chairwoman when the Firehouse was constructed and also served as Council
President and Acting Mayor and;
WHEREAS, the Governing Body of the Borough of Garwood and the entire citizenry of the community is deeply bereaved over
her passing; and
WHEREAS, the Mayor and Council of the Borough of Garwood cannot adequately express by any written word its deep
appreciation for the sacrifices and selflessness which has characterized her entire life; and
NOW, THEREFORE, BE IT RESOLVED, that we, the Mayor and Council of the Borough of Garwood, County of Union,
State of New Jersey, do hereby extend to her bereaved family our sincere sympathy and condolences for the great loss sustained;
and
BE IT FURTHER RESOLVED, that the Mayor, Council and Municipal Clerk be and they are hereby authorized to affix their
signatures to this resolution, embossed with the seal of the Borough of Garwood, which shall be presented to the Mann family.
                                                    RESOLUTION NO. 08-160
WHEREAS, an application has been filed for a Place-to-Place transfer of Plenary Retail Consumption License #2006-33-013-
008, issued to Rosenwine, LLC, t/a Rosie’s Wine Bar, located at 514 North Avenue, Garwood, New Jersey; and
WHEREAS, the submitted application form is completed in all respects, the transfer fees have been paid and the license has
been properly renewed for the current license term; and
WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey
Statutes, the regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33;
and
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the
license and the licensed business, and all additional financing obtained in connection with the licensed business.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood that the Place-to-Place
transfer of Plenary Retail Consumption License #2006-33-013-008, issued to Rosenwine, LLC, t/a Rosie’s Wine Bar, located at
514 North Avenue, Garwood, New Jersey, be and the same is hereby approved; and
BE IT FURTHER RESOLVED that the Municipal Clerk is hereby authorized and directed to endorse the license certificate to
the new ownership as follows: "This license, subject to all its terms and conditions, is hereby transferred to Rosenwine, LLC,
located at 514 North Avenue, Garwood, New Jersey, and effective February 12, 2008.
                                                    RESOLUTION NO. 08-161
WHEREAS, an emergent condition has arisen with respect to the normal operations of the government and the timely payment of
bills and services and no adequate provision has been made in the 2008 temporary appropriations for the aforesaid purpose, and
N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and
WHEREAS, the total emergency temporary resolutions adopted in the year 2008 pursuant to the Chapter 96, P.L. 1951 (N.J.S.A.
40A:4-20) including this resolution total $2,106,225.80.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood that in accordance with the
provisions of N.J.S.A. 40A:4-20:

              1.   An emergency temporary appropriation be and the same is hereby made for:
TOTAL:                                 See attached spread sheet                               446,839.80
              2.   That said emergency temporary appropriation will be provided for in the 2008 budget under the title of: See
                   attached

BE IT FURTHER RESOLVED that one certified copy of this resolution be filed with the Director of Local Government Services.
                                                   RESOLUTION NO. 08-162
WHEREAS, the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey, hereby directs the
attached transfers of 2007 budget appropriations be and they are hereby made:
                                                   RESOLUTION NO. 08-163
WHEREAS, a proposal has been received from Winner Ford of Cherry Hill, 250 Haddonfield-Berlin Road, Cherry Hill, NJ
08034, for the purchase of two (2) 2008 Ford Crown Victoria Police Interceptors in accordance with the specifications attached
hereto and made part hereof; and
WHEREAS, said supplier represents to the Borough of Garwood that it is under contract with the State of New Jersey, Division
of Purchase and Property in the Department of the Treasury, #T-0098, State Contract #A70462 for the supplying of said motor
vehicles at the price offered to the Borough of Garwood, to wit; $22,328.76 each; and
WHEREAS, the clerk of the Borough of Garwood has received the Notice of Award concerning the supplier for contract period
of 11/01/00 to 5/2/08, which states the supplier is under contract for such material and supplies with the Division of Purchase




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                                                                 Council Meeting Minutes/February 12, 2008

and Property, State of New Jersey and she has researched whether said supplier is under contract for such material and supplies
with the Division of Purchase and Property and her inquiry has resulted in verification; and
WHEREAS, the vehicles are purchased under the Ford Municipal Finance Program in which each vehicle costs $22,328.78 with
interest, paid in two installments, first installment in 2008 and the second installment in 2009, totaling $44,657.52.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood hereby authorize the
purchase of the aforementioned 2008 Ford Crown Victoria Police Interceptors from Winner Ford of Cherry Hill, in accordance
with the quote for $44,657.52, attached hereto and that the Clerk be and she is hereby authorized to enter such order on behalf of
this Borough and to sign such documents as may be required to consummate this transaction.
BE IT FURTHER RESOLVED, that the award of this quote be subject to the Borough Treasurer executing the appropriate
Certification of Funds.
                                                      RESOLUTION NO. 08-164
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
authorize Borough Engineer Donald Guarriello to prepare the Boundary and Topographic survey for the Athletic Field Complex
project on Block 509/Lot 0002.01, Block 506/Lot 0020, Block 512/Lot 0006, Block 512/Lot 0005 in the Borough of Garwood.
                                                      RESOLUTION NO. 08-165
BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey hereby
authorize the purchase of one 7.5 ton condensing unit serving the council chambers which includes installation labor,
crane/rigging, replacement electrical disconnect switch, start up and performance check, and one year parts and labor warranty
for a cost not to exceed $7,360.00 from Quality Service Associates, Inc., 1 Sheridan Avenue, Roselle Park, NJ, 07204.


A motion to adopt Consent Agenda was made by Council President Villaggio, seconded
by Councilman Sluka, whereupon Mayor McCarthy directed Roll Call, Council President
Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-ABSENT,
Councilman Sluka-Aye, Councilman Sytko-ABSENT, Councilman Tucker-Aye. Consent
Agenda Adopted.


RESOLUTIONS DELETED FROM THE CONSENT AGENDA:

Ms. Ariemma read Resolution No. 08-166
                                            RESOLUTION NO. 08-166
WHEREAS, the Borough of Garwood is aware of the national problem caused by lead-based paint potentially
effecting up to 14,000 households with children under the age of six within Union County; and
WHEREAS, the County of Union Department of Parks and Community Renewal, Division of Planning, and
Community Development, Bureau of Housing was awarded up to $4 million to reduce the lead hazard among Union
County’s most vulnerable children; and
WHEREAS, the purpose of the proposed Union County Lead Hazard Reduction Demonstration Grant Program will
be to educate, test and remediate lead hazards in Section 8 income eligible homes according to the Department of
Housing and Urban Development, focusing on homes with children six years of age and younger throughout Union
County; and
WHEREAS, the Department of Parks and Community Renewal, Division of Planning, and Community
Development, Bureau of Housing has asked for support from the Borough of Garwood
NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Garwood that it supports
the Union County Lead Hazard Reduction Demonstration Grant Program; and
BE IT FURTHER RESOLVED, that the Mayor and Council of the Borough of Garwood authorize the municipal
health officer, code official and Community Development representative to assist and cooperate in the efforts to
reduce the lead hazard within the community; and
BE IT FINALLY RESOLVED, that a certified copy of this Resolution be forwarded to Alfred J. Faella, Director,
Department of Parks and Community Renewal, Administration Building, Elizabethtown Plaza, Elizabeth, NJ 07207


A motion to adopt Resolution No. 08-166 was made by Council President Villaggio,
seconded by Councilman Tucker, whereupon Mayor McCarthy directed Roll Call,
Council President Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-
ABSENT, Councilman Sluka-Aye, Councilman Sytko-ABSENT, Councilman Tucker-
Aye. 4-Ayes 2-Absent, Resolution No. 08-166 was adopted.

Ms. Ariemma read Resolution No. 08-167
                                          RESOLUTION NO. 08-167
WHEREAS by the Mayor and Council of the Borough of Garwood, County of Union, State of New Jersey the
Municipal Clerk was authorized to advertise on February 1, 2008, for a bid entitled “FOR THE RESURFACING
OF WILLOW AVENUE FROM CENTER TO EAST STREET AND DRAINAGE CONSTRUCTION ON
EAST AND WEST STREETS FROM BEECH TO PINE AVENUE, IN THE BOROUGH OF GARWOOD,
UNION COUNTY, N.J.”; and
WHEREAS on February 12, 2008, at the advertised time of 10:00 a.m., Jenicar Builders Contractors Co., Inc.,
submitted a bid amount of $205,471.90, which is determined the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Garwood that the contract
is hereby awarded to Jenicar Builders Contractors Co., Inc., for $205,471.90, pending New Jersey State Department
of Transportation approval.




                                                                8
                                                              Council Meeting Minutes/February 12, 2008

BE IT FURTHER RESOLVED that upon approval from DOT, the Mayor and Municipal Clerk be and are hereby
authorized to execute an agreement in the form approved by the Borough Attorney.


A motion to adopt Resolution No. 08-167 was made by Councilman Tucker, seconded by
Council President Villaggio, whereupon Mayor McCarthy directed Roll Call, Council
President Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-
ABSENT, Councilman Sluka-Aye, Councilman Sytko-ABSENT, Councilman Tucker-
Aye. 4-Ayes 2-Absent, Resolution No. 08-167 was adopted.

Ms. Ariemma read Resolution No. 08-168
                                          RESOLUTION NO. 08-168
         WHEREAS, the Mayor and Council of the Borough of Garwood has determined that there is a need for
professional engineering & landscape architectural services for design and construction phase for the development of the
Athletic Field Complex Project located on Block 509/Lot 20, Block 512/Lot 6, Block 512/Lot 5 in the Borough of
Garwood; and
         WHEREAS, the said Governing Body has determined that such services are professional services as defined in
the Local Public Contracts Law of the State of New Jersey; and
         WHEREAS, the Local Public Contracts Law requires that a notice stating the nature, duration, services and
amount of each contract awarded as a professional services contract be printed once in the official newspaper of the
municipality;
         NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood:
         1.       That the Mayor and Borough Clerk be and are hereby authorized and directed to execute an agreement
                  with Kinsey Associates, Hasting Commons, Building 2A, 486 Schooley’s Mtn. Road, Suite 207,
                  Hackettstown, NJ 07840-4000, for the provision of professional engineering & landscape architectural
                  services for design and construction phase for the development of the Athletic Field Complex Project
                  located on Block 509/Lot 20, Block 512/Lot 6, Block 512/Lot 5 in the Borough of Garwood; and
         2.       That said Contractor shall receive fees not to exceed $65,000.00, for services included above and
                  $750.00 for reimbursable expenses included in the proposal dated December 3, 2007; and
         3.       That this contract is awarded without competitive bidding as professional services pursuant to the Local
                  Public Contracts Law; and
         4.       That the Borough Clerk be and is hereby authorized and directed to maintain this resolution and the
                  professional services contract on file and available for public inspection in the Office of the Borough
                  Clerk; and
         5.       That the Borough Clerk is hereby authorized and directed to publish a copy of this notice as required by
                  law.


A motion to adopt Resolution No. 08-168 was made by Council President Villaggio,
seconded by Councilman Napolitano, whereupon Mayor McCarthy directed Roll Call,
Council President Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-
ABSENT, Councilman Sluka-Aye, Councilman Sytko-ABSENT, Councilman Tucker-
Aye. 4-Ayes 2-Absent, Resolution No. 08-168 was adopted.

Ms. Ariemma read Resolution No. 08-169
                                          RESOLUTION NO. 08-169
         WHEREAS, the Mayor and Council of the Borough of Garwood has determined that there exists a need for
professional architectural for design and construction phase for the development of the building in the Athletic Field
Complex Project located on Block 509/Lot 20, Block 512/Lot 6, Block 512/Lot 5 in the Borough of Garwood; and
         WHEREAS, the said Governing Body has determined that such services are professional services as defined in
the Local Public Contracts Law of the State of New Jersey; and
         WHEREAS, the Local Public Contracts Law requires that a notice stating the nature, duration, services and
amount of each contract awarded as a professional services contract be printed once in the official newspaper of the
municipality;
         NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Garwood:
         1.        That the Mayor and Borough Clerk be and are hereby authorized and directed to execute an agreement
                   with The Musial Group, 191 Mill Lane, Mountainside NJ 07092, for the provision of professional
                   architectural design and construction phase for the development of the building in the Athletic Field
                   Complex Project located on Block 509/Lot 20, Block 512/Lot 6, Block 512/Lot 5 in the Borough of
                   Garwood; and
         2.        That said Contractor shall receive fees not to exceed $62,000.00, for design and construction phase
                   services and $5,500.00 for reimbursable expenses included in the proposal dated February 1, 2008; and
         3.        That this contract is awarded without competitive bidding as professional services pursuant to the Local
                   Public Contracts Law; and
         4.        That the Borough Clerk be and is hereby authorized and directed to maintain this resolution and the
                   professional services contract on file and available for public inspection in the Office of the Borough
                   Clerk; and
         5.        That the Borough Clerk is hereby authorized and directed to publish a copy of this notice as required by
                   law.




                                                            9
                                            Council Meeting Minutes/February 12, 2008

A motion to adopt Resolution No. 08-169 was made by Council President Villaggio,
seconded by Councilman Sluka, whereupon Mayor McCarthy directed Roll Call, Council
President Villaggio-Aye, Councilman Napolitano-Aye, Councilman Schadewald-
ABSENT, Councilman Sluka-Aye, Councilman Sytko-ABSENT, Councilman Tucker-
Aye. 4-Ayes 2-Absent, Resolution No. 08-169 was adopted.


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

APPOINTMENTS:

Garwood Celebrations Committee
Term: 02-12-2008 to 12-31-2008

Eydie McDonnell, 314 Hickory Avenue Garwood
Michele Heaton, 252 Beech Avenue, Garwood

Council President Villaggio mentioned the Fire Department is having a pancake breakfast
on February 17th from 8:30 a.m. to 11: 30 a.m.

PROCLAMATION:

Acknowledging The Surgent’s Parents’ Association.


PAYMENT OF CLAIMS

A motion by Council President Villaggio 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: $1,786.32                  Trust Acct: $1,252.83
Block Grant Trust Acct: $8,693.78        Developers Escrow Acct: $10,718.04
Current Acct: $1,255,203.44

Motion duly seconded by Councilman Tucker, whereupon Mayor McCarthy directed Roll
Call, Council President Villaggio-Aye, Councilman Napolitano-Aye, Councilman
Schadewald-Absent, Councilman Sluka-Aye, Councilman Sytko-Absent, Councilman
Tucker-Aye. All Ayes.


ADJOURNMENT
Mayor McCarthy announced the Regular Meeting of the Mayor and Council will be held
on TUESDAY, FEBRUARY 26, 2008, in Council Chambers at 7:15 p.m. Workshop
Session to start at 7:00 p.m.
THERE WILL BE A PUBLIC HEARING IN COUNCIL CHAMBERS, ON
ORDINANCE NO. 08-02 AND 08-03, ON TUESDAY, FEBRUARY 26, 2008, AT
7:15 P.M. OR SOON THERE AFTER.
At 7:54 p.m., a motion to adjourn was made by Council President Villaggio, seconded by
Councilman Tucker. All Ayes.

                                         CHRISTINA M. ARIEMMA, Municipal Clerk
                                         Borough of Garwood

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