the flag Madam clerk thank you mayor Board of Commissioners public meeting agenda for Tuesday December 5th 2023 the time is now 7:01 pursuant to the requirements of the open public meeting act chapter 231 Public Law 1975 notice that this meeting was published in December 8th 2022 issues of the nutly sun The Herald news and Star Ledger a copy of this notice has been posted on the Nutley Town Hall bulletin board and a copy is on file in the municipal clerk's office commissioner Kelly is absent excused this evening commissioner Evans here commissioner Petco here commissioner tuchi here mayor scarelli here all present mayor except for commissioner Kelly he is absent excuse this evening minutes Madam clerk yes we have border commissioner meeting minutes for November 9th 2023 mov second commissioner Evans hi commissioner PCO hi commissioner tuchi hi mayor scarelli hi and that's it for minutes Communications thank you mayor we have two this evening uh the first one is the VFW Post 493 has submitted a social affir application for their event for an an auxiliary spaghetti dinner on Wednesday January 177 2024 from 400 p.m. to 12:00 a.m. with a rain date of January 24 2024 at their location uh 271 Washington app and the second one is for Michael chiefo who has submitted an event application for his annual holiday toy drive event scheduled for December 9th 2023 from 530 p.m. to 7:30 p.m. uh and the event will be held at 38 Gerard Road in Nutley move it second commissioner Evans hi commissioner PCO commissioner Tui hi mayor scarelli hi and that's it for communications mayor reports commissioner Evans yes I have a code enforcement report for the month of October commiss to yes I have a shade tree report for the months of October and November bills Madam Clark thank you Mayor Bill list for December 5th 2023 public affairs $15,251.86 47544 public safety 4,824 $24.91 Public Works $2,491 46 parks and public property $897,500 payroll for October 27th 2023 regular payroll total 895,000 63080 overtime payroll total 62,6 866 total payroll $958,000 regular payroll total $ 885,000 total of 5,962 $768 33 move the Bills second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scor pelli hi and that's it for bills mayor U public comment on agenda items only would anybody like to be heard this evening on agenda items only seeing none let's move to commissioner announcements I have none mayor other than to congratulate you on the tree lighting uh was challenging this year with the rain uh but did a beautiful job and and just thank you to everybody your team everybody who participated it just I know one person doesn't do that uh it's a team effort and it takes a lot of lot of work to get that done from all the Departments so congratulations yes the EO his remarks well done mayor uh you had some challenges with the rain but there was no getting around that uh but nonetheless you your your people could outst theing job with everyone's assistance so another job well done thank you sir so my announcements are from the parks department are as follows uh we will be presenting Frozen Jr in the auditorium of Nutley high school on Friday December 8th and Saturday December 9th at 7 o'clock that's this Friday and Saturday for those who are not paying attention and on Sunday December 10th at 3 o'clock in the afternoon and then on Monday after we celebrate the success of the play the three performances we will have Christmas cookie decorating with Grandma and Grandpa or Nana and Nona all right um Monday December 11 at uh 6 o'clock to 7:30 in the parks department that's all I have maror thank you thank you commissioner yes I have a couple um things first of all I just want to say um to continue to send the message out to lock your doors we have had a tick up of burglaries on the east side of town again there was a door left open so I'm begging the residents please help us help yourself lock your doors because these criminals are opportunists they seem like they're shaking doors and if your doors locked they're going to different locations but we will continue through the holiday season to keep the pressure on with our Police Department um also this Thursday we are having a meet and greet with Santa at Public Safety I want to thank everybody in public safety especially my assistant Sam carella for going crazy and putting this together this will give your children um an opportunity to meet Santa Claus with cops and firemen to um to get to know them also um um mayor if we could have a moment of silence a good friend of mine a classmate from the class of 1983 unfortunately passed away suddenly um it was Jerry leapor I think Joe you might know the old brother Pat umor family's been entrenched in Nutley for many years and if we could just have a moment of silence for him I would appreciate it thank thank you mayor thank you commissioner uh I would like to thank everybody uh especially the Commissioners in our departments for the cooperation Board of Education also in um putting on the tree lighting we don't no uh department does that alone we need everybody cooperating to get it done we have a lot of things that need to get done for the holidays and appreciate all the help of your departments in getting those things done um the weather was was a little bit of a challenge but uh we still had a turnout and people came out and um we didn't have a lot of room for moving that with a lot of events coming up so we moved it back an hour and a half and you know best thing to be is a weatherman that's what I always say they get paid if they're right or they're wrong um but I appreciate all the help uh especially want to thank my public works department for all the work they did and u Lisa zah for all the work she did in coordinating and then having to move every everything and everybody that extra hour and to half so uh thank you all um Mr Bruno we do have a need to uh have an executive session discuss P negotiations and motion move it second Madam CL thank you uh whereas section of the open public meeting act chapter 231 Public Law 1975 permits the exclusion of the public for meeting in certain circumstances and whereas the public body is of the opinion that such circumstances exist and whereas the Board of Commissioners of the township of nutly the county of Essex and state of New Jersey desires to proceed to close executive session now therefore be resolved by the Board of Commissioners of the township of Nutley moving to close executive session to discuss contract negotiations and litigation be a further resolved at a time when such disclosure may be disclosed to the public shall be when and such disclosure may be made without adversely affecting the township of Nutley pending Andor anticipated legal Personnel contractual matters and other matters within the exceptions provided for by Statute this resolution shall take effect immediately commissioner Evans hi commissioner PCO commissioner Tui and Personnel I and Personnel thank you commissioner Tui and mayor scell I hopefully we keep the is short and we'll be back on the record shortly the time is 710 hey Adam perk let's go back on the record thank you mayor the time is now 8:06 it's yeah that's possible we nether all right uh for the record ordinance number 3536 3537 introduction will will be tabled to our next meeting on December 19th correct Madam yes mayor we have no uh ordinances on second reading so I'll read commissioner Kelly's resolution when I get to my resolution so all right commissioner Evans thank you mayor uh be resolved by the Board of Commissioners of the township of Nutley County of Essex that the treasur is hereby authorized to refund overpayments of tax charges in the amount of $1,688 for Block 8303 lot uh three so move second Comm r i commissioner PCO I commissioner tuti hi mayor scarelli I whereas New Jersey stat statute 54 col 4-3 do30 provides that War veterans who were honorably discharged from active service in a time of war in any branch of the armed services of the United States who have been or shall be declared by the United States Veterans Administration to be 100% totally and permanently disabled in connection with their wartime service are entitled to a full tax exemption of their dwelling and the lot on which it is situated and whereas in the follow the following taxpayer has filed an application for allowance of a full exemption with proper supporting documentation thus making the taxpayer eligible now therefore be resolved by the Board of Commissioners of the township of nly County of essic state of New Jersey that Peter Tano be granted full exemption from the payment of property taxes from November 22nd 2023 and all subsequent years thereafter on the property identified as block 7002 lot 16 also known as 15 Lafayette play speed further resolve that the treasur is hereby authorized to refund 1,00 $326 for 2023 property taxes so second commiss avans commiss bco I commissioner Tui I mayor scell hi I said I I just didn't come out quickly enough uh whereas the director of the division of local governmental Services May approve the insertion of a special uh item in the budget of any County or municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget whereas the director may also approve the insertion of any item of appropriation uh for equal amount and therefore be resolved by the Board of Commissioners of the township of Nutley County of Essex uh hereby request the director of the division of local governmental services to approve the insertion of an item of Revenue in the budget for 2023 in the amount of $385,000 which item is now available as a revenue from reserve for American Recovery plan Monies pursuant to the provisions of the statute uh be further resolved that a like sum of$ 385,000 being and the same is hereby appropriated under the caption as stated in the resolution now therefore be resolved that the Township Clerk for two copies of the certified two certified copies of this resolution to the director of local governmental services so move second Comm Evans hi commo hi commission Tui hi mayor scell hi resolved by the Board of Commissioners of the township of nly County of Essex New Jersey in accordance with the provision of RS 48459 the following transfers of the 2022 appropriation reserves being the same are authorized and approved for the uh accounts and the amounts listed in the uh resolution uh so move second commissioner Evans I commissioner PCO I commissioner Tui hi mayor scor pelli I thank you mayor thank you commissioner commissioner Paka Ed into specialized Professional Services and non-fair and open contract pursuant to the provisions of njsa 19448 D 20.5 with Antonelli and caner and Rivera 354 Eisenhower Eisenhower Parkway Su Suite 1304 d23 Livingston New Jersey for Legal Services on December 6 20122 via resolution number 35-22 whereas the director of Public Safety has recommended the following change order from said contract change order number one legal service 45,000 whereas the funds are available on the count 3 01 02205 and have been certified by Chief Financial Officer said certification be attached to this resolution now therefore be resolved by the Board of Commissioners in the township and Del County of as state of New Jersey that to change number one in the amount of 45,000 being hereby approved I move it second Comm aans I Comm Comm PCO hi commissioner Tui hi mayor SC um whereas the township not Department Public Sav has a need to acquire the services of labor counsel as a non-fair and open contract pursuing to the provision under JSA 1944a 20.5 and whereas the term of this contract is December 1st 2023 through December 31st 2024 and may be extended as approved by this governing body whereas the law offic of Antonelli canther Riva located at 354 Eis Howard Parkway site 1000 Livingston New Jersey has submitted proposal dated December 1st 2023 indicating that they're provide they provide labor council at the rate of 175 per hour whereas The Firm antonel can R Rivera has completed business entity disclosure certification which certifies that the firm has not made any reportable contributions to political candidates Comm Mee in the township and Nan the previous one year and that the contract will prohibit The Firm of Antonelli can Rivera from making any reportable contributions through the term of contract whereas the contract is not succeed 75,000 whereas funds are available from account 4-01 01225 205 I've been certified by the Chief Financial Officer certification being attached to this resolution now therefore be resolved that the board of commissioner Township and authorizes contract with anell caner and Rivera as described here on and be further resolve that the business disclosure entity certification and the determination of value be placed on file with this resolution be further resolve that the notice of this action shall be printed in Nisan in accordance with Loco public contract will I move the resolution second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor selly hi whereas desires to apply for and obtain a grant from New Jersey Department of Community Affairs to in the amount not Toc 75,000 to carry out a project to purchase Personnel protective equipment for members of not firment be be it therefore resolved that the township notely does hereby authorized application for such Grant to recognize and accepts the department may offer a lesser or greater amount therefore upon receip and the Grant agreement from New Jersey Department of Community Affairs do further authorize the execution of the such Grant agreement and also upon receive a fully ex excl executed agreement from the Department does not does further authorize the expenditure of funds pursuant to the terms of the agreement between tach pel and the New Jersey Department of Community Affairs be further resolve that the persons whose names titles and signatures appear below what the right to sign application and that their successors and said titles are authorized to sign the agreement and other documents necessary in connection with this grant I move it second commission Evans hi commissioner PCO I commissioner Tui hi mayor hi that's I have mayor than you commissioner commissioner Tucci yes thank you mayor be it resolved by the Board of Commissioners Township nley County of US state of New Jersey that in accordance with the provisions of RS 4A 458 the following transfer Appropriations in the 2023 budget being and same are hereby authorized and approved from health insurance in the amount of 74,000 to buildings other expenses the amount of 20,000 Parks other expenses the amount of 30,000 Recreation committee account the amount of 17,000 and shade tree and the amount of 7,000 for a like kind amount of 74,000 I resolution second Comm Evans I commissioner PCO hi commissioner Tui hi mayor scarelli hi where T not has a need to acquire specialized Professional Services as a fair and open contract pursuant to the revision of njsa 19 colon 44 A- 2.5 and whereas requests for qualification for Township Forest were received and open on Thursday November 9th 2023 and whereas the most responsible and responsive request for qualification was from the straight shry Department LLC John Linson P box 6089 West Orange New Jersey whereas Shad Department LLC John Linson New Jersey certified tree EXP n number 198 has provided these services in the past the township notle is particularly suited to provide continued service whereas the term of this contract is for a one-year period commencing on October 21st 2023 and continue through October 20th 2024 whereas the contract is not to exceed $22,000 and funds are available from account 3 there 01 52200 in the amount of 555 and for their 0151 12200 in the amount of 16495 and they've been certif IFI by the Chief Financial Officer said certification being attached to this resolution now therefore be it resolved by the Board of Commissioners Township nley County of state of New Jersey that a contract be awarded to shade tree Department LLC John Linson as described herein the response to the request for qualification be placed on file with this resolution and a notice of this action shall be printed once then not least on in accordance with the local public contracts law I move the resolution second Comm Evans hi commissioner PCO hi commissioner Tui hi mayor Skelly hi where's Township Nutley has need to acquire Vision Care Network plan services on behalf of the township and where such Services may be acquired as a non-fair and open contract presuming to the division of njsa 19 colon 44A 20.5 and whereas Premier option benefits 990 Cedar Bridge Avenue Suite p713 Brick New Jersey has submitted a proposal indicating they will provide the service for a sum of $1,596 and whereas funds will be available from account 21526 245 and have been certified by the Chief Financial Officer now therefore be resolved Board of Commissioners of town Nutley County B state of New Jersey authorizes the commissioner of parks and public property enter into a contract with Premier option benefits I move the resolution second commissioner Evans hi commissioner PCO hi M Tui uh there should be a correction of this uh this should be the mayor enter into a contract with Premier um op option benefits P okay we'll make that correction thank you um mayor scell hi where's Department of parks and public property determined that due to weather conditions on the dates of the Fall Festival there's a need for cancellation whereas due to unforeseen circumstances families had to cancel participation in programs offered and whereas Department of parks and public property has determined a need to refund all business owners and families now the effort will be resolved by the Board of Commissioners Township of Nutley County of es state of New Jersey at the treasurer B and he is hereby authorized to refund payments for recreation programs in the amount listed below uh 303 Franklin avue apartment two for the Fall Festival in the amount of $100 I move the resolution thank you commissioner Evans hi commissioner Petco hi commissioner tushi hi mayor spell hi it's all I have mayor thank you commissioner this is commissioner Kelly's resolution whereas the English settlements in North America were a tiny Fringe along the Eastern Seaport as settlement pushed West into the interior the institution of the militia which the which the colonists brought with them from England went with them and whereas when the national guard's oldest regiments met for their first drill on the Village Green in Salem Massachusetts they were barely 3 months old organized on December 13 13 1636 the date we now celebrate as the National Guard birthday and whereas the revolution to the Civil War to the world wars to the present day the township Nutley is thankful for and is proud to support the United States Army National Guard on the occasion of the National Guard's 386th birthday the township remembers those who have sacrificed to serve their Nation in the National Guard thanks and recognizing the National Guard veterans who called Nutley home today now therefore be resolved that the Board of Commissioners in Township of nle County Bess New Jersey recognize and celebrate the United States national guard on its 386th birthday and the resolution second commissioner Evans hi commissioner PCO hi commissioner atui hi mayor scarelli hi these are my res resolutions being resolved by the Board of Commissioners Township County of Essex New Jersey that in accordance with provisioned rs40 a Col 40-58 the following transfers of appropriation in the 2023 budget b and the same are hereby authorized and approved from snow removal other expenses $40,000 we weed and leaf removal salary and wages $110,000 sour system other expenses five $5,700 for grand total of 55,78705 sewer system salary wage Wes $5,700 for that same total of 55,78424 and November 20th 203 23 at which time applications for Grants were accepted now they resolved by the Board of Commissioners that the township NY submits the following applications for funding for 2024 installation of ada8 curve cuts on sections Prospect not uh $2,080 of second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scarelli hi whereas bids for 2023 acceptance of recycling vegetative waste tocl leaf and grass were received and opened on September 28 2022 and whereas es rundi and Sun Summit New Jersey was a low bidder for the removal and recycl of Class B clean wood brush in the amount of $18.85 per cubic yard for the removal and recycling of class seed leaves in the amount of 20 $245 per cubic yard for the removing recycling of glass SE grass clippings in amount of 2,85 cents per cubic yard whereas s rundi was awarded a one-year contract from February 1st 2023 through February 6 2024 with an option for a two for two one-year extensions at the same price and are agreed upon pre-stated increase in subject to availability of pubs in the subsequent annual budget whereas change order number one to the contract has been authorized for an increase to the contract in amount of $155,000 for a total adjusted contract amount of $95,000 whereas SP are available from account number 30142 2209 the amount not to exceed $15,000 have been CER C ified by the chief finance officer said certification being attached to this resolution now therefore be resolved by the board of commission Township n county vest state of New Jersey that change order number one is a change for the contract previously made by the township with es Rundy and Suns is hereby authorized approv the resolution second commissioner Evans I commissioner PCO I commissioner Tui hi mayor scarelli I whereas bids for NJ dot Washington Avenue Ro Improvement project section one Park Avenue not received an open on Wednesday June 23rd 2021 where is DLS Contracting Fairfield New Jersey was low bidder and was awarded a contract for the forementioned project whereas the base bid for the project was amount of $46,500 for a total bid of $ 46,5 whereas change order number one has been authorized for account g41 16941 to reduce the contract amount by $32,988 for a total reduced contract of Township Nelly County of ESS state New Jersey the Township Clerk is hereby authorized to advertise or seal bids for the collection of co-mingled recycling in the township nley to be received on behalf of the Board of Commissioners and commission Chambers Township fall one Kennedy Drive nle New Jersey on Wednesday December 27 2023 at 11:00 am prevailing time at which time they will be open in publicly RIT mood resolution second M Evans MCO hi M Tui hi mayor scell hi that concludes the business portion of our meeting anybody from the public wish to address the Board of Commissioners this evening seeing none motion to adjourn move it second commiss Evans hi PCO hi commissioner Tui hi mayor scell hi good night everybody the time is now 8:25