Sunshine notice Madam clerk thank you mayor board Commissioners public meeting for Tuesday July 16 2024 the time is now 7:05 pursuant to the requirements of the open public meeting act chapter 231 Public Law 1975 uh notice of this me meeting was published in December 7 2023 issues of the nle sun The Herald news and the Star Ledger a copy of this notice has been posted on the nle town hall bulletin board and a copy is on file in the municipal clerk's office commissioner Evans will be joining us in a little while commissioner Tui here commissioner scarelli here commissioner Petco here mayor Kelly presid and uh we're GNA take uh some of the items on tonight's agenda out of order we're going to start with proclamations and uh we're going to we're going to start with the proclamation for uh White Oak Pharmacy not East Little League champions and uh commissioner tuci and I are are jointly putting this Proclamation together on behalf of the entire Board of Commissioners and I I do want to note before I read it that uh White Oak was was my team when I was in Little League and Tiny was my coach but uh I was I yes you were you're a young man we're still young men but uh I was not a CH Championship caliber ball player but you guys are and uh you you guys uh you guys hit it out of the park and so uh I let me read the the proclamation for you guys whereas White Oak Pharmacy became a major league team sponsor at Nutley National Little League in 1978 and whereas Sam M at the time who was my manager with tiny was the team manager and Greg tiny Latino was the coach whereas the Nutley National Little League and the Nutley Central Little League merged for the 2005 season to form the current Nutley East Little League White Oak Pharmacy remained as the sponsor and Gregory tiny Latino had taken over as team manager with the passing of samuo in 2007 whereas over the course of the last 46 years the White Oak Pharmacy team has won many league and playoff championships with the most recent be run being run being League champion for the 2021 2022 and 2023 Seasons while also winning the playoff championship for 21 22 23 and 24 seasons uh whereas the current 2024 White Oak Pharmacy team roster includes Jackson Cordova number 22 Sebastian DPA number eight Kevin KH number one Ray manga number three Joe Mia number nine Luke marowitz number 17 S Patel 20 number 28 Joey pilio number 27 Milo Reyes number 11 Liam Rosales number 16 Colton schit number 12 and Gabe tishio number 33 whereas managing managers and coaches include manager Kevin tiny Latino coaches Wayne umbach Lewis Rosalez James D Piaza Jason Reyes Anish Patel Vic moranga and Kevin Knight now therefore it be proclaimed that the Board of Commissioners of the township of Nutley County of Essex state of New Jersey joined the citizens of Nutley to honor and congratulate the members and coaches of the Nutley East League White Oak Pharmacy team for their outstanding 2024 efforts and accomplishments but before you guys come up I'm going to let the uh Commissioners uh say a few words starting with uh commissioner Tucci thank you mayor I just want to congratulate everyone well done once again you've represented Nutley in in the finest fashion possible and I just wish you continued success commiss Scott py thank you mayor uh congratulations to the players congratulations to the parents driving them to practice all the time and congratulations to the coaches there's something to be said for consistency having longtime coaches like Greg and Wayne um you know it shows the way for all the other coaches in the league and the other coaches that uh come along and and leave but uh those guys have been here a long time and uh we really appreciate everything that they do and uh congratulations guys very good one one more I I just want to note also that Sal was a longtime Department of Public Works employee and uh the other commissioner scarelli s had special hours so he can get out at three o'clock to go coach the Little League commissioner PCO i' like to also say congratulations tin and and Wayne you guys have been around congratulations to all the coaches um Sam is a dear friend of mine he's not with us anymore and it I played at National Little League which I played for pork shop right we never won against white oak by the way but you guys look at each other I was this in my Deli and I was running a little late um for this meeting I was telling commissioner scrip I ran into somebody's sister that's probably 65 years old Joe I would say right and I played I played ball with his brother so look at each other because it doesn't end today because you're going to be around for the rest of your life and always be the friendships you Foster on those fields last a lifetime last a lifetime those those friendships so congratulations keep up the good work and get ready for high school hopefully we can have a state champ good job and I just like to add you know you guys are did a great job winning four years in a row that's an incredible accomplishment uh but you didn't do it alone your parents uh as commissioner Tui said took you guys there they they helped trained you uh your coaches to took you a step further uh and your coaches are great role models your parents are great role models but also you guys are role models for each other uh and it takes it takes it truly takes a village to raise uh young men like you uh and so you know part of your development throughout life you'll always remember this and one of the things that I always do is when you come here before the Board of Commissioners I want to challenge you to come back here because the the other teams like the shop right they they're they're they're hungry to come here and take your spot so don't let them take your spot keep putting in the hard work and we want to see you guys come back here uh congratulations and good luck and uh did Tiny did you want to say a few words Greg youta come to the mic I just want to thank everybody here um you're all my friends I I appreciate what you've done and it's these guys right here they're the guys that have done it and I want to thank the players the coaches and the parents but I also want to thank the people of Nutley for the last 48 years for letting me be part of their children's family and and I just I appreciate it and this is so special because John is part of the White Oak family and once you're part of the White Oak family you're always part of our family I appreciate it thank you everybody thank you maybe one of you will be mayor one day at this time we'll bring everyone up for a group photo here coach is do conratulations hey you you guys feel free to leave unless you want to stay for the whole me we'll see you again nice job job take take congratulations ch up down thank you okay uh we have another one more Proclamation on for tonight uh and that's for the national disability Independence Day um well we and this is something that's important to the entire Board of Commissioners I I think each one of us uh has a a special desire to to improve the quality of life for all those with special needs uh but receiving the proclamation here tonight I I have uh the committee out of out of my office the rise Beyond committee which is focused on helping those with special needs find meaningful employment as they age out of the uh the school system uh and without further ado I'll read the proclamation whereas on July 26th 1990 President George HW Bush signed into law the Americans with Disabilities Act to ensure the civil rights of people with disabilities and whereas on July 26th we celebrate this important civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life including jobs Schools transportation and all public and private places that are open to the general public assuring full participation in the community Independent Living and economic self-sufficiency and whereas new numerous organizations in the township of Nutley County of Essex state of New Jersey work with constituents and communities to bring forth the promise of hope and freedom that is envisioned by the passage of the Ada the national disability Independence Day timeline 1935 Roosevelt passes the Social Security Act Roosevelt passes the Social Security Act that mandates states to make adequate Provisions for blind dependent and crippled children and child welfare in 1943 the Bon laet Act is passed the Bon laet act expands eligibility for vocational rehabilitation services to the Blind and mentally the disabled in 1973 the passage of The Rehabilitation Act the Rehabilitation Act of 1973 prohibits recipients of Federal funds from discriminating against people with disabilities and in 1990 the American with Disabilities Act has passed the Ada expans the rights of disabled community and prohibits discrimination in employment Transportation communication and public establishments and therefore be proclaimed that the Board of Commissioners in the township of nly County of ESS state of New Jersey do hereby celebrate and recognize the progress that has been made by reaffirming principles of equality and inclusion and recommitting our efforts to reach the full ADA compliance uh at this time I'll uh let the commissioner share a few words if they if they have any any words uh commissioner Tucci thank you thank you mayor um I just want to say you know it's sometimes we take some of these things for granted and we don't realize how important you know the acts of those that came before us uh have have affected our present day lives and I'm just very grateful that all of these these different events occurred and that uh President Roosevelt and everyone else that was involved did what they needed to do for those that needed to help thank you mayor commissioner Scott pelly I'm good mayor I just I just like to say that sometimes in life we don't know how lucky we are right we get out of bed put our pants on or whatever and walk around years ago probably probably almost 20 years ago I can't believe where where the time has gone there was a kid in a wheelchair that lived by my Deli and at that time when I first purchased that property many years ago there was a step there so the mom said you know you really should put a ramp here because my kid would love to you know come in into the store and I'm like yeah you know I promise you I'll get to it so that year we did put a ramp in and I can't tell you how friendly I became with that young man and how important it was to me so I've been in business for a hundred years and I have to tell you the most proudest thing I ever did was helped that that kid out and many other um handicapped people also I am fortunate and I say this I live next door to um by my house to a Vietnam veteran who unfortunately lost his both legs in Vietnam he's been in a wheel in a wheelchair ever since and the lessons and if the proudest moment in my life is with my kids and it's not what they have become or what they've done in their life is how they have helped cut his grass helped him in the house set up ramps so again what Roosevelt did was commendable way ahead of his time and it leads into today but again I'll end in on this we don't know how lucky we are thank you I would just like to add that you know incredible strides have been made in this area and continue to be made but we we have a long way to go and I think I can honestly say that this entire Board of Commissioners is is part of the solution not part of the problem especially here in Nutley in working to find meaningful solutions for individuals with special needs uh and so uh does anyone from the the committee want to say some words at this time Michelle hello thank you uh mayor Kelly Commissioners uh as the health officer of this town and committee chair for the rise Beyond committee I just want to thank all of the attendees for showing up this evening in support of the Proclamation as well as their re tiess advocacy for adults with disabilities and even some of them on their birth So Lisa Roser happy birthday and happy birthday Lisa uh do you guys want to come up for a photo happy birthdayy bir are you than you know good and I just want to add that the committee is made up of uh so many local organizations dedicated to helping individuals with special needs and I don't want to name them all because I guarantee I will miss at least one organization but uh you you you Nutley is so blessed with I can't believe how many local organizations we have is dedicated to this but and you guys are educating me it's it's crazy how how much I don't know and how much I still don't know but how much I've learned is incredible and that's that's thanks to all of you so I want to say thank you and you guys don't have to stay for the whole meeting if you guys want to leave feel free otherwise I think it's going to be a short one tonight uh so uh we'll go to uh minutes Madam clerk thank you mayor we have Board of commissioner meeting minutes May 21st 2024 that was the reorganization regular Board of commissioner meeting minutes for May 21st 2024 and June 18th 2024 move it second commissioner Evans I commissioner Tui hi commissioner scarelli hi commissioner Petco I mayor Kelly I and that's it for minutes mayor reports uh commissioner Tui yes mayor I have a shade tree report for the month of June 2024 thank you uh bills Madam clerk thank you Mayor Bill list for July 16 2024 public affairs $1,643 revenue and finance 4,4 72480 Public Safety $ 71,1 58 Public Works $ 25,42 197 parks and public property $725,000 $ 4213 water utility $835 4186 payroll as of Friday July 5th 2024 overtime payroll total $ 4,659 37 total payroll $1,763 18933 for a grand total of 6,318 4699 move the bills second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PATCO hi mayor Kelly hi that's it for bills mayor uh at this time we'll have public comment on agenda items only uh that's public comment on agenda items only if you wish to be heard on any agenda items this evening please uh approach the microphone and state your name uh seeing none uh we have Board of commissioner announcements commissioner Evans nothing for me this even commissioner Tucci yes mayor we had toh postpone our our our second summer concert of the season because of the excessive heat it was 89 degrees and we do get a very mature crowd there so we didn't want to jeopardize anyone but we've rescheduled that that concert for the 31st of this month so I hope everyone comes out and enjoys the the entertainment thank you thank you commissioner scell nothing tonight mayor I'm good uh the public Affairs and health department has a blood drive at the nutly VFW uh what date Meredith Thursday uh from 3: to 7 and I'll see members of the VFW here tonight I want to thank them for opening up their doors to us uh and that's all I have in terms of announcements uh and so we'll go into ordinance introductions commissioner Petco yes I have ordinance number 3560 on ordinance St and an ordinance codified in the Cod of the township of nle chapter 228 entitled vehicles in traffic particularly article 7 special zones and areas section 29a entitled handicap Park and to add to the location set forth this is for 13 wing place I move that this ordinance be passed to Second reading and advertised and not Le on together with the notice required by law that further consideration of set ordinance for final passage by the Board of Commissioners is is it August 20th oh yes on August 20th I'm mov second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi thank you mayor uh moving on to ordinances on their second reading and public hearings uh commissioner scarelli yes mayor this is ordinance number 3557 an ordinance amending chapter 622 of the code of the township of Nutley entitled storm water more specifically adding article two privately owned salt storage for compliance with the municip storm regulation program requirements set forth by the njde move that we open the public hearing uh anyone wishing to be heard on ordinance number 3557 uh please approach the microphone and state your name I seeing none can we close public hearing yeah second commissioner Evans hi commissioner Tui I commissioner scarelli I commissioner PCO I mayor Kelly I move the ordinance second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I uh ordinance number 3558 commissioner Paka yes and ordance to amend the ordinance codified in the code of the township and Al chapter 22A entitled vehicles and traffic particularly article 7 special zones and area section 29a and title handicap parking to add to the location at Seth forth there on this is um one for 51 P I move to open the public portion of the meeting uh anyone wishing to be heard uh please approach the microphone and state your name if you wish to be heard on ordinance number 3558 seeing none move to close second commissioner Evans hi commissioner Tui hi commissioner scell hi commissioner PCO hi mayor Kelly hi move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi uh moving on to resolutions commissioner Evans thank you mayor I have one this evening uh whereas New Jersey state statute 54 col4 3.30 provides that War veterans who were honorably discharged from active service in a time of war and 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 totally 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 the following taxpayer has filed an application for allowance a full exemption with proper supporting documentation thus making the taxpayer eligible and now therefore be resolved by the Board of Commissioners of the township of nle County of essic State New Jersey that Gabriel tortor be granted full exemption from the payment of property taxes from July 1 2024 and all subsequent years thereafter on the property identified as block 1600 lot one also known as 142 ruter place be further resolve that the treasurer is hereby authorized to refund $3,864 32 for the 2024 property taxes that were previously play paid so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly thank you for your service I thank you mayor uh commissioner Tucci yes thank you mayor be it resolve by the Board of Commissioners Township of Nutley County of usk state of New Jersey that the Township Clerk is hereby authorized to advertise for sealed bids for Surplus equipment that is no longer in use by the township the equipment vehicles are listed below from the Department of Park to public property we have a 2005 Dodge Caravan with an odometer reading 45,9 43 miles we had further resolved that the above equipment is available for inspection on weekdays between 7:00 a.m. and 2 p.m. and be it further resolve that the equipment is be sold as is and where is and bids are to be received on Wednesday August 7 2024 at 11:00 a.m. in the commission Chambers Township po one Kennedy Drive Nutley New Jersey at which time they will be publicly opened and read I move the resolution second commissioner Evans all commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi where's Department of parks and public property has determined that due to unforeseen circumstances families had to cancel participation in programs offered and whereas the department of parks and public property has determined the need to refund families now therefore be it resolved that the Board of Commissioners of Township of nley and the county of ESS state of New Jersey that the treasurer be hereby authorized to refund payments for recreation programs in the amounts listed below for the folks at 584 Britney Circle Camp Nutley is the program in the amount of $600 and for 100 Warren Street again for camp nutly in the amount of $200 for the year 2024 Ive resolution second commissioner Evans hi commissioner Tucci hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi all I have there thank you commissioner commissioner scarpelli thank you mayor where is bids for the 2022 King Street roadway Improvement project bille border to Union Avenue were received and open on Wednesday July 13 2022 whereas DNL Paving contracts 675 Franklin Avenue Nutley New Jersey was the lowest responsible bidder and whereas the base bid for the 2022 King Street roadway Improvement project is in the amount of $31,385 And1 and whereas funds are available from count number T9 99901 in amount of 203,000 for monies received bya Grant from the Community Development block grant account g41 16741 in the amount of $3,223 29 account number g417 41 in the amount of $541 1972 and have been certified by the Chief Financial Officer said certification being attached to this resolution whereas change order number one to the contract has been authorized for a decrease of the base bid in the amount of $1,575 61 whereas the original contract amount is being decreased in the amount of $1,575 61 be accredit be credited to account number g416 741 and to reflect an adjusted contract price of 3,740 now therefore be resolved by the board of commissioner Township nle County vess state of New Jersey that change order number one is attached as a change from the contract previously made by the c v Nutley for the project known as 2022 King Street roadway Improvement project and is hereby authorized and approved I move the resolution second Commission hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi that's all I have mayor thank you commissioner uh commissioner you don't have anything I don't all right great uh so that leaves me uh the first one I have on for this evening is the uh resolution uh granting the uh or renewing the club license for the VFW whereas the holder of the club license listed below has filed a renewal application with the division of Alcohol Beverage Control and with the clerk of the township nley for 2024 to 2025 licensing term whereas the Township Clerk has confirmed that said renewal application has been completed in all respects that that the New Jersey Department of Treasury Division of Taxation has provided tax clearance certificates for this license renewal that all fees have been paid and satisfied and said licenses qualified to be licensed according to all standards established by New Jersey statutes annotated title 33 and regulations promulgated thereunder as well as perent local ordinances and conditions consistent with title 33 for this renewal period and whereas the establishment has been inspected by the Board of Health fire department code enforcement department and police department of the township of n in ins satisfactory condition and therefore it beat resolved by the Board of Commissioners of Township of nly County of Essex state of New Jersey that the renewal of a club license be granted to the following license and that the municipal clerk is be and is hereby authorized to sign and issue a license certificate effect of July 1st 2024 through June 30th 2025 and that's for the VFW uh Club license uh so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly AB uh whereas uh the holders of inactive Class C liquor license listed below have filed renewal application with division of Alcohol Beverage contr Control Division and with the clerk for the township of Nutley for the 2024 2025 licensing term and whereas pursuing to the New Jersey statutes annotated title 33 1 through 12. 39.1 a license that has been inactive I.E not actively used for two fold license terms cannot be renewed by Municipal issuing authority unless the license he submits a verified petition to the director of The Division and receive special ruling based on good cause shown commonly referred to as 1239 relief and whereas on May 10th 2024 the director of the division of Alcohol Beverage Control issued administrative order number a2403 granting blanket 1239 relief for the upcoming 20242 license term to all eligible inactive Class C license CES without requiring each of them to submit individual petitions and pay the corresponding $100 filing fees whereas the Township Clerk has confirmed that the licenses listed below meet the eligibility requirements set forth in set order and that the renewal applications have been completed in all respects the New Jersey Department of Treasury Division of Taxation has provided tax clearance certificates for each lensey all fees have been paid and satisfied and said licenses are qualified to be licensed according to all standards established by the New Jersey statute anti title 33 and reg regulations promulgated there under as well as pertinent local ordinances and conditions consistent with title 33 for this renewal period now therefore it be resolved by the Board of Commissioners the township n county of as state of New Jersey that the Ral of the plary retail consumption licenses be granted to the following license CES and the Township Clerk B and is hereby authorized to sign and issue license certificates to said licenses effect of July 1st 2024 through June 30th 2025 uh just the lenes as written in the resolution so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Peta hi mayor Kelly hi and at this time uh we're going to open the meeting to the public anyone wishing to be heard please approach the microphone and state your name for the record please John McGuire president of the nle veterans Council commander of the nle VFW I just want to start off by thanking commissioner Petco and the nle fire department for conducting a training exercise to une Earth the gravestone of Sergeant veland uh unfortunately we were unable to get this job done after a long warning of multiple attempts without commissioner Tucci and his members and Frank sitting here and their specialized equipment we would have never been able to unearth the stone so thank you again for your assistance and we look forward to hopefully unearthing uh private GS in the future so I just want to say thank you for that um but I'm here to represent the views of nutly veterans Council which represents all veterans organizations in town we Loy the effort to move veterans memorials with the exception of World War II monument to Memorial Parkway this is altogether fitting and proper and the council fully supports the intent we do however have an interest in the placement of of The Monuments we strongly suggest that the monuments be placed in chronological order and spaced as to extend from one end of Memorial Parkway to the other such a placement would ensure that each Monument stands as a testament to the brave souls from Nutley who answered their country's Call to Arms it would also serve as an educational tool since those who stroll through the park would be reminded of the wars and conflicts that that have claimed the lives of our citizens finally with each Monument standing alone and separate from the others it maintains the Dignity of each monument and allows for memorial service dedicated to that conflict to be performed at each one as we have done on each Memorial Day for years which no other Township in New Jersey does again on behalf of the council I thank you for your dedication to the people and Veterans of this great town and ask you seriously to consider our request with regard to the placement of The Monuments even if such uh placement presents difficulties we owe no less to those who gave so much to our town our state and our nation thank you thank you Comm Tu John before you sit one moment please I want to thank you for your comments and I want to reassure you that the veterans Council will will be involved with the placement of The Monuments every step of the way do appreciate that and just another thing I don't know if anyone ever thanks the clerk's office but the clerk's office has been so helpful to me in the last month I really do appreciate what you ladies do and uh I'm not sure if that ever happens but thank you so much for your help we'll we'll send you an invite when Clerk's Municipal Clerk's appreciation days it I think it was last month yeah yes okay it's it's every month K yeah uh cormon alesio 81 e Center Street uh last night I went to a a variant Board hearing my neighbor across the street at 72 East Center um decides that you know she wanted to build her one family house into a two family to accommodate her family um it it's a B4 business Zone and it's it's it's business okay I've been here for like 38 years and um it's a non-conforming Zone like I said and the it it passed last night I'm a citizen and I got up there and stated what I just told you people that it's a B4 Zone that I've been there for 38 years and that I wanted in in my Heyday to conform to that B4 Zone but when I seen all of the the variances from 38 years ago up until very recently that people get that are not enforced by the code and they actually do more than what they're supposed to do um I I went there last night and like you know I I said what I had to say and like I said it was still ped um during the um testimony I I sat there and listened to the architect and the attorney for the neighbor of mine that represents them and all I did was hear un untrue statements in regards to everything okay um there was to be a 4 foot um extension on the renovation of the house into the driveway which right now is like 20 feet wide and um there should be a sidewalk there every house has a sidewalk coming from the back entrance to go down the side yard and that would make it like 16 feet and I I just I just the the apron needed to be changed like you know and and The Architects saying that uh do we need a sidewalk yeah you do need a sidewalk besides the fact that I I responded to his questions with the notion that I was going to get back up there and really give it to him because it's it's it's not for residential use any longer if there's a hardship and you need to do a few something possibly yes now I actually come to grips with this because in 202 20 to 2021 our then mayor Mr scarelli tightened up the zone and said in a resolution that it would be harder for anybody to put Apartments down there because we did put a big giant mix use apartment there which according to the state you can do that it's uh it compensates for the lagging industrial zone now on top of that everything that's done down here is totally 100% illegal from all of these buildings from all the variances that were given and issued to these people it it it's just not like safe the public it's a public safety issue the last one that I went to I feel like you know it was like the other day it was maybe three months ago 990 Center Street took the old VI garage with an addition on it and wanted to renovate it hey great that's a great thing but I I got the letter and I have I'm entitled to my you know opinion or to make sure or whatever of of of things being done which they never once once the variance is issued that's it there's no follow up on any of them now this this variance went through okay in the meantime the person was digging out all the Y all the all the dirt from the from the um property and leveling now you know I've been there for a long time we've been in this town for a hundred years my my family and all of that do I have to wind this up now I'm almost done I forgot about the time element yeah I will wind it up yeah well continue continue your thoughts up may appreciate that my concern was a foot and a half of water every time a flash flood in front of that building there's a foot and a half of of water and there's like a twot wall on a on a house across the street like come on you're taking all of the soil out and everything where's the impervious coverage back then again Mr May Mr scarpelli at the time got a pamphlet with the flood protection plan it was like an inch thick all right you have to consider this stuff when you're when you're doing a variance or you're new construction or whatever the heck you're trying to do okay I'm driving up and down the street that they're they're putting the storm Shore into the into the regular Shoreline so I complained about that I think they put a a a they fixed that out up with a seepage tank or whatever they did the last flash flood was like a week and a half ago there's another foot the half a water it like like what are you doing here so getting back to my neighbor at 72 I made these points okay I'm not I'm there for the money business before business Zone all right that's it I live there and when I saw all of this stuff going on in my hey day like I'm repeating myself I decided not to do anything I'll just stay in this house and lived it all right with all of that said like I said the attorney he everything was alive solar panels they're in the back no they're on the they're on the on the on the right side of the house on the driveway side the um impervious coverage was 33 and2 fet or that's what you you need I go back there it's all concrete and black top like where's this water going to go there's a I have a I have a water problem in my on my property Mr could put a 10 foot wall behind my house without a variant because we need the the millions of dollars for the apartments which is not in the master plan okay that's definitely not in the master plan and what they did was put Apartments back there against my better wishes because we do need work facilities for people who work and I'm I work okay and and everything is just completely out of whack it's all lies and deceit and when I do make a complaint I'm getting tickets I have a handicapped pler because I am a handicapped person I just like fight it every day the week and I'm getting tickets to shut me down in the meantime nothing's getting done they come by here they do a a time check sit behind the car time check I got them on their own body cam lying about and not telling the truth about giving me tickets but yet up until this day at 990 Center Street which is supposed to be inside storage to change the use of that B4 Zone which was sweared on under testimony okay the people are parking big fans right on the sidewalk 247 you were to go there you know maybe you might miss it one night I don't know but 247 there's vans on top of the sidewalk in front of the old Viola garages people have to walk there's kids on that street now it's dangerous there's a lot more than that there's much much more I'm arguing with Mr Ronaldo saying one time when I came here when a body shop got a variance I called his office and this man tell me to mind my own business are you kidding me the day after where there's supposed to be landscaping for for the body shop it's all full of fenders and and and and and and different equipment so I I I now I'm a person to why you sending me a letter if you want to change this Z Zone which you're entitled to be my all right but don't harass me with your stupid letters that make no sense that you're going for a variance and that all the variances like like you're pushing it onto the so public the the person getting a variance right so so let me you had a it on to him you had a lot of town is free and clear from any suits this is okay so let me let me address okay and I'm gonna keep coming here and I don't care what you people do because you're not doing your job this has become a tyrannical socialist form of government that bothers me you get it it bothers me and I'm not going to tolerate it and all the other stuff that goes along with it Mr Mayor and I'm not I'm looking at you because I don't want to look at the rest of these people they make me sick I go do it in your neighborhood it's jerk let's let's refrain from from name calling bring all the other people from all over the towns to come to Nutley to play on our fields and we have to pay for the reserving I I I appreciate your your fr thank you for your time Mr Mayor most Mayors wouldn't allow me to you know spill my guts out like this but I really appreciate it okay right so so let me let me make a couple points because you had a couple points uh W with respect to the variants uh that was granted we can't go back and relitigate that but you are free to make a complaint with code if they're not adhering to the variants and follow up with them absolutely right I understand and so so I encourage you to do that IAL excuse Mr Mayor call quote enforcement I do I have to do I have to be the caretaker of the town and call quote do your job do what you're supposed to be doing I'm trying to live a life over here I don't need to look the other way and come by and give me ticket but let me finish what I'm saying uh so there's 11,000 Lots in in town and we physically can't go to everyone and check up and everyone so we do rely on citizens like you to make the complaints right and if you feel like you're being unfairly targeted by the police go to the police go to IIA and make make a formal complaint over there and and then uh as as I I know the issues with the The Body Shop they shouldn't be parking their cars on the sidewalk and if you see it it's all oil in front of my house I mean come on I it's it's gotten a hair better right it's gotten a hair better but it's not it's not good at all there's grass uh a political person uh crony of your of of of somebody here he's he parking for 20 you dump you putting grass there it stinks there's mosquitoes I'm not moving okay straighten out your acts period right so unfortunately we do we do have a Time limitation here if you if you want to talk more you can feel free to make an appointment with me or with any of the other commission when a person goes to a variant's hearing and it's and and and it's honest with his test testimony and everybody on the board is told to vote Yes and they vote Yes for it when it does it's not even a school superintendent uh we do have other people we do have people who want schools are overloaded the schools are overloaded and there still and she made a request Julia Glazer to to not put any more Apartments down east of East like East Center Street East of eug because it's it's really bad that's myma my father went to that school and it's and and it's got all it's got is like it's loaded with so so we do have other people who want to speak please please make find people with money through somewh that's you're in danger you're dangerous yeah okay so it's not and it's it's I'm happy to talk more offline but sure I'm happy to talk more offline thank you Mr Mayor yeah mayor just as a point of clarification once again he's miss making misstatements the only people that use our fields in nutly are nutly people nutly teams and people that have a connection to nut so if you're going to make statements no Sit Down You're way over your time sit down you've said enough and all you do is come up here and criticize and lie when you have something valid to say all right that's going to help this town and help Improvement done we have we have another person who wishes to be heard uh he's a liar not me this isn't productive a liar this isn't this isn't productive let's um you're the live did did anyone else want to say thank you for your comments thank you I'm gonna be a little less animated uh nichas 35 won Street n New Jersey uh first I don't like coming here uh only reason why I come here is only chance to get to speak to all you at once I'm glad people left because I'm not here to Grand standand um I just wanted to update you what's going on with my nightmare because it is a nightmare went to court about a month ago and um hoping for a settlement something anything it's over two years uh court cost me who knows I don't even look at my bills anymore um nothing happened in court I don't know you know who was not ready who was not prepared whatever I don't even know anymore I don't know who to trust anymore uh so after court you know things settle down and I know sooner or later going to go to trial but I tell you I'm beyond disappointed I'm disappointed for a couple reasons because I have a connection with most people here from right to left you know mr's grandfather s you know I know of you and I respect you Marl I mean I'm more disappointed because I thought I had a strong relationship with people and mor I I said from day one my family looks up to you I mean I see you now it's like you ignore me now it's like you know that that and night I show the fear my wife and I were both hurt like you know are we the enemy did we do something wrong you know Mr Kelly I know you I knew your grandfather Al I know you forever doc you were my gu RoR I mean listen I can fill up this room any night of the week trust me I can and that I'm not being arrogant I know I can and I know this sounds nuts I thought about running for office commission I thought about doing it because not not because any of you because I got hurt and what I'm going through no one else should have gotten hurt should never be hurt this way now I I know some of you inside and say I'm full of but I had 2500 petitions signed I had within within within two days I had 50 people in my house most that you know some that you don't like and I decided not to run because I didn't want to looked like it was me against you guys cuz even though you ignore me now still you know you're still in my heart and I'm I'm shocked you know I've been here a couple times and all of you said you're going to help me I haven't received a phone call from any of you to reach out to say Nick we're trying but what bothers me most is the stress I'm going through for three years in the high blood pressure and waking up in the middle of night and my wife had to call the animal having a heart attack was it stressful was I'm probably at $270,000 right now my kids wedding College you name it what bothers me most isly deide it just recently requested a six month extension on Discovery you guys have two years if that's not a slap in my face you know I'm starting to believe my lawyer that someone here does not like me and my wife will test I don't like my lawyer you know I don't like my lawyer you know I don't like my lawyer but I'm stuck with him I almost threw hands with him because he talk bad about you okay and when he uh I think he deposition for you I laugh them like what are you doing these are people these are my friends so I don't know who tells you what or who tells you what okay because I never said a be word about anyone up here and I still won't I'm beyond upset you guys are hurting me you're hurting my family you're hurting my health I'm telling you I'm going to drop dead one day okay it's coming you know cuz my blood pressure there's nights I don't sleep I don't think anyone in this room could afford to give up $270,000 I mean this is a nightmare it can end in one day it end with the Green Acres it can end with someone making a motion to buy the land or just do something you know I'm willing to lose half my money I half the loan half the land is on a loan I'm getting murdered you don't even want to know I pay a month and I again I'm going to reiterate my daughter show my healthy client and she goes to rockers she's a buyer major last semester she subl at her apartment because she did not want me to pay for her and I yelled at her I said that'll never happen again if I got to work Home Depot the midnight shift to provide for my kids and my family I'll do that but you guys are hurting me and to look at you and for me to say you're hurting me that's even hurtful inside Nick I I I just want to if I may Mr Meritt too so I've had many talks with you almost risking my seed here pushing it to the limit on your behalf and I've talked to Jonathan Bruno about you as you know and it's really it's you know Jonathan keeps telling me the same thing Jonathan answer this question answer this one question for me can I make a motion tonight on his behalf for us to purchase that property cuz if can I will Nick you can okay can I Nick listen the case is in litigation okay I know this is not what you want to hear but every single individual up here is extremely sympathetic to your situation that is beyond clear no one wants to see you go through this no one wants to see anyone go through this and if anyone up here was in a position to help you as they would any citizen of Nutley any Resident of Nutley they would at my advice and Direction they're not permitted to talk to you okay it's wrong you're represented it's unethical they can't speak with you all right th this case is in litigation we are of the Mind collectively the board is of the mind that when in it if it becomes apparent that there was liability on the on behalf of nutly they will make a settlement agreement that that is an issue that remains unsettled you talk about aund a six-month adjournment we received an expert report on Wednesday okay we we requested time to be able to respond to that report none of this is unreasonable we're still in the fact finding stage it it's been two years Mr M I I respect you and I thank you because I understand that you you know you guiding me okay and I I have a lot of respect for you but I respectfully disagree and I respectfully disagree because anyone here right now could make a motion to buy his property and you could take a poll okay and you could either agree or disagree but Nick you keep saying that but the town attorney is saying that can't do I don't want to sound arrogant I don't want to upset you it's not what I'm here he doesn't work you he works for you you don't work for him yeah but it's the LA there's still guidelines I respect the disagree I serve as a council member I understand the law I can bring you case law I could do a lot trust me I I've done my homework I know a Green Acres application could be made you know Mr or I can I can assure you that no one on this board has any personal Vendetta against you uh for someone I'm a I'm a lawyer and for so for someone who's not you know someone who doesn't really do litigation often a six-month extension seems like a really long time but I I can assure you that this is this is just part for the course I have cases in my at my firm that I'm handling that go back to 2019 uh and it's it's just it just takes a while for some of these cases to work through the legal system and and I'm working with the with the council to to get a hold of all the documents and personally review them myself to see you know what we can do as a board a and uh we one of the things we're going to do as a board and you we can't talk amongst ourselves uh collectively I unless there's there's a meeting one of one of the things we're going to do tonight in executive session is is talk about your case uh and so it it's slow because every two to three weeks is when we can kind of come back and keep talking about it so that that's also adding some some length of time and delay to the process I know it's it's not something you want to hear it's just it's just part of the I guess the way New Jersey public governments to do its business it it's it's a six month extension would cost me about 12 more thousand and more aggravation hope hope settle before the six months excuse me I said hopefully we'll settle before the six months always a possibility Mr Mayor if I was in your sheet okay I would tell Mr Bruno and I would direct them get this done fix extension whatever you need please you know this is a this is a nutly guy a nutly resident family here my daughter's went to school we own a business in town you know I'm not a stranger you know sometimes we do more for strangers than we do for our own and I'm I've never came to any of you and asked you to do something you know unethical I never did that that but I know the way government works and and trust me I don't want to refer back to my years in the council but you know I had a Township attorney and when I told him to do something you know he respected that and I thought you don't and I'm not saying this I'm just vetting okay I know I I know what could be done what can't be done right and it's something we can't do in in Open Session uh two years Mr Mayor I'm sorry this is not two months this is not a year this is two over two years right are you trying to kill me before I settle so you don't have to settle the five of us are going to go back with our attorneys and discuss this later tonight uh I can promise you that well I Mr tuci any comments or are you upset at me I mean I don't know like I don't get it Nick Nick I know you a long time I know your entire family okay and anything that I could have done to help you or can do to help you will do but there are legal parameters that I have to follow so I can't speak to you I know we've had several conversations like you've had with commissioner Petco to try and get this resolved and I've spoken to uh Mr Bruno about this to see what we could do to help you Nick anything we can do we will do but I can't speak to you about this anymore on advice of counsel right and then you know in the event that I'm deposed okay which may or may not happen my I can't I can't speak to you about your case but there's nobody here and I know I can speak for everyone up here who's against you and I know it seems otherwise because it's a lengthy process and government sometimes takes longer than any of us want all right but last time I advice of ourtown attorney Nick the last time I came to the pool store I don't bring you up I told you I won't do that to you and and you cannot disagree with that was I said I'm not here to talk about it I walked in you know I'm going to continue my daily things in life my wife still once a while goes to Pacos so I mean I I don't call you out I don't I don't do that anymore okay I respected that but again if this was anyone's daughter or son up here it this would never have taken two years two and a half years sorry never not on you're watch n your watch n and your watch and so forth I'm asking someone to do the right thing make a motion to to to buy this property or to talk about this executive to purchase his property and end my nightmare because it's not going to change the way people feel about you because I told you many times your haters will always hate you your haters will always hate you and so forth the people that support you will always support you so again any motions to purchase the property or Nick if it's legal to do I'll be I'll be glad to make a motion can I make a motion Jonathan you can it's not something that happens that way it's not it's he can make a motion I I I'll let me ask you a question Nick so you were you were on the bevel Council for a long time right so if I I just asked in public the town attorney if I can make a motion which I I will do and he's telling me it's not legal for me to do so wasn't legal he said does he doesn't you said you didn't say it wasn't legal cases the cas is currently being litigated I'm continuing to advise my board not to not to have any more discourse we we will certainly be in touch we will look forward to reviewing any information you can provide and that's that's really the best that we could give you at this point and again he's AIS Mr Orma uh I can promise you that as soon as we break from the the public session we're going to go back and we're going to talk about it uh and we're going to talk about it in depth and we'll see if we can make some Mo some motion towards uh settling uh in the future and and I appreciate that but I've been hearing this for years now so what am I going to do leave here then no one's going to contact me no one's going to call me well and as a citizen I can speak to all of you I'll give you case law on that as well if there if we are making progress our attorney will reach out to your attorney and and uh unfortunately that that's just the way the ethical parameters are set up in this situation as a citizen you could reach out to me I don't have to go and I'm happy to talk to you you know citizen to Citizen uh mayor to Citizen uh in that capacity uh but in terms of the the a legal operation it has to go through the attorneys again any motions to purchase the property no he's not telling you he's advising you now listen I'm not going to put you in this position if you want to do it great okay again I'm not here to piss you guys off but I tell you one thing I operate differently when I sat behind there okay and he won't tell you about my character okay and honestly I I I didn't fear the public because to my heart if I knew what I was doing was right I didn't care what Joe SM said because like I said Joe SM is going to be critical V fony will be critical me for the rest of his life I we know the list it doesn't didn't matter what we did in bille there was always people that are critical so Mr Tui walk asku is maybe you could research the Green Acres I mean I spoke to them they said it has to come from you you know to to uh purchase the property Al again you know if you make a motion I I would be forever thankful that someone was brave enough to make a motion I I would love I mean if I could make a motion it's not illegal we don't even we don't even know the price if I make a motion details there's process it's done doesn't work well thanks again I don't want to come back here I mean hopefully Mr Mayor if you talk to your colleagues you reach out to me and you know this way you know like I said I haven't Dr scarelli you know I haven't reached out to you I respect you know your boundaries everyone I respect everyone's boundaries Mar I just happen to see you more so but I did contain myself about talking about it and I don't want to see you in public and feel like I'm the animy that that bothers me more so than anything you're not my enemy you'll never be my enemy I felt that way in this instance okay I can't speak to you about this okay so I can't even take that chance any concerns questions before like I said we're going to talk about it exat tonight you're always welcome to out I I will and I'll give it time and I just hope Mr Bruno maybe could uh you know not you know extend the six-month Discovery because you're not hurting me was 120-day request it it was not 6 months we got involved in this case in November not two years you know everybody's trying to help you but I I do want to be clear about something well even hopefully at 120 could go to 30 days thank you thank you Mr ARA does anyone else wish to be heard yep come on all you have to do is stay your name and say whatever you want uh Jim hin 35 Kingsland but I have a I just have a parking issue about the people parking up on the grass it's only seems to be between Pake and Lakeside you it was it was resolved a few years ago but it starts to creep back I know the police have other things to do besides things like that but I mean you know I had once before where I had um my waterline was severed and I'm the guy had the foot the bill on that kind of bit you know once they cross over the Curve just like that there's anything that could be done because some people will start it up on the closeup Pake and then it's like a dominal effect and then you come down the line you look at some guy what do you mean they're parking on your grass well you know like the grass between the curb and the sidewalk oh they jumped the curb yeah and they parked every it's a busy street you know just just to speed this out our Lieutenant why don't you give him his your information and he'll take care of that okay yeah because I guess it's just you know sometimes I'll chase the people away and if doesn't stop just come back to a meeting or get in touch with me okay thank you very much Bobby you'll take care of him does anyone else wish to be heard this evening uh seeing none we'll close the uh public comment the meeting uh uh I believe believe we have a reason for executive Mr Bruno yes litigation and contract negotiations uh did I hear a motion for EXE seconded okay whereas Section 8 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 where is the Board of Commissioners of the township of Nutley in the county of esess state of New Jersey desires to proceed to close executive session and now therefore be a resolved by the Board of Commissioners of the township of Nutley move into Clos executive session to discuss litigation and contract negotiations be it the further resoled at the time when such discussions may be disclosed to the public shall be went and such disclosures may be made without adversely affecting the township of Nutley pending Andor anticipated legal Personnel contractural matters and other matters within the exceptions provided for by Statute this resolution shall take effect immediately commissioner Kelly uh I commissioner Evans hi commissioner PCO we said I commissioner Tui I mayor scarelli I and uh we won't be conducting any business later after we come back from uh executive session so I'll take a motion to to adjourn second second commissioner Evans hi commissioner Tui commissioner scarelli commissioner PCO mayor Kelly the time is 8:16