the microphone's not on yet is it it's on [Music] okay I guess so she does that's I started everyone please rise for the flag salute ready I pledge allegiance to the flag United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all Sunshine notice Madam clerk thank you mayor Board of Commissioners public meeting agenda for Tuesday July 2nd 2024 the time is now 7:08 pursuant to the requirements of the open public meeting Act chapter 231 Public Law 1975 notice of this meeting was p [Music] thank you we have executive session minutes for May 7th 2024 May 21st 2024 and June 18th 2024 MO second commissioner Evans hi commissioner Tucci I for the 7th and the 18th I was not here on the 21st while OB State commissioner scarelli hi mayor Kelly hi and that's it for minutes thank you uh we we have a proclamation on this evening uh I believe uh commissioner Petco uh organized this Proclamation but he had a uh a family emergency and is unable to be here so I'll read it on in in his stad uh the proclamation States whereas the nutly Community Partners For Peace stands for the advancement of understanding tolerance and solidarity among all people locally and globally and whereas nutly Community Partners For Peace recognizes the importance of artistic expression as a tool to advance a culture of peace and unity and we as the nutly Community Partners for pces project 20 pieces 2024 project was a poetry initiative inspired by Joseph Fort Newton's quote people are lonely because they build walls instead of bridges and whereas nutly high school students demonstrated interest and resolve to strengthen their artistic talents by continuing their time to taking a master class in Poetic and musical expression and where as a result of this master class students submitted poems that expressed their personal interpretations of Peace as it stands in the in their world and whereas the nutly Community Partners For Peace appreciate the sincere effort effs of these students and the support of the Nutley Educational Foundation and Nutley High School's teachers and administrator and administration and now therefore it be proclaimed by the Board of Commissioners Township of Nutley County of Essex state of New Jersey that Nutley high school students involved in the partners for peace walls and bridges poetry product should be rewarded with recognition for their efforts and honored for their expressions of peace throughout music and poetry is anyone here this evening okay well uh congratulations again this is a a great achievement uh moving on uh reports uh commissioner scarelli yes mayor I have uh monthly progress reports for various months for DPW and uh commissioner Evans yes I have a code enforcement report for the month of May 2024 thank you uh bills Madam clerk thank you Mayor Bill list for July 2nd 2024 public affairs $41,900 Revenue in finance $2,957 3862 Public Safety 95,4 Public Works $146,800 parks and public property $910,000 7 water utility $ 48,6 7126 payroll as a Friday June 21st 2024 regular payroll total $949,500 total pay payroll $99,700 m294 4082 move the Bills second commissioner Evans hi commissioner Tui I commissioner scarelli I mayor Kelly I that's it for bills mayor thank you we have a public comment on agenda items only uh this is public comment on agenda items only uh seeing no one uh Board of Commissioners Ann announcements we'll start with commissioner Evans uh nothing mayor other than um great wishes for celebrating our birthday on July 4th and freedom of our country commissioner Tui yes thank you mayor yeah I just like to thank everyone in particular commissioner Peto and the public safety department uh for helping us coordinate and pull off another great Summer Festival on Franklin Avenue and of the other Commissioners and the mayor for supporting the effort and for pitching in where they can and also happy birthday Amer it was a great night thank you Comm commissioner scarelli yes mayor just uh we have electronics recycling on Saturday from 9: to one in parking lot 9ine and S thank you and and of course it is our nation's birthday on July 4th we'll have our annual Fourth of July celebration uh and that is a uh effort done by the entire Board of Commissioners it's a team effort to to really put on the great display of patriotism that we have every year uh ordinance introductions uh okay yeah um ordinance number 3559 an ordinance providing for the purchase and installation related Services extending the municipal fiber line fiberline Network to include uh Municipal parks on Hancock Avenue and in and by the township of Nutley in the county of Essex New Jersey the appropriating $70,000 uh this is a fully funded Capital it does not uh uh require any issuance of new debt I move that this ordinance be passed to a second reading and advertis the nle sun together with or with the notice required by law and that further consideration of said ordinance the final passage by the Board of Commissioners be held at its second reading on uh June August 6 I'm sorry elani what date August 6 August six so move second commissioner Evans hi commissioner Tui yes before I vote just a a to add on to what commissioner reverans has already said we have a Wi-Fi at the American little e uh off of Bloomfield Avenue and one end of town this will give us WiFi at the East little league and we'll also provide Wi-Fi service for a portion of that end of town and also I believe it's the uh the maintenance facility that the board of education has on Memphis so this is a part of a a progression that that we're following to Wi-Fi the entire town so we can live stream uh different events sporting events uh Civic events school events and what have you so so just if Dad's traveling and can't get to the baseball game dads grandmas grandpas Aunts Uncles uh we know people are busy this this will bring it right into their living perfect thank you commissioner I vote I commissioner scarelli hi mayor Kelly uh yes on introduction only uh ordinances on second reading uh and public hearings uh commissioner Evans yes uh the first ordinance is 3554 uh this is a capital uh bonding ordinance uh that um uh we do every year uh to which is associated with improving uh various aspects of our equipment and property in the township of Nutley uh appropriating uh $2.6 million in bonding uh approximately 2 uh uh 2.93 almost $2.6 million uh uh when uh when we do so at our next uh Bond offering uh at this time I'd open the public hearing anyone wishing to be heard on ordinance number 3554 please uh approach the mic and state your name for the record please uh see none move the close second commissioner Evans I commissioner Tui I commissioner scarelli I mayor Kelly I move the ordinance second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi the uh next ordinance is an additional amount of for similar purposes the amount of 1, $932,000 at this time I'll open the public hearing on ordinance number 3555 uh anyone wishing to be heard on this ordinance please approach the mic and state your name for the record please move to close second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi and the last ordinance that I have I'm sorry I'm sorry move the ordinance second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly I my last ordinance uh 3556 uh in in the amount of $285,000 it relates to uh Capital funding for the water utility uh I'm opening the uh public hearing uh anyone wishing to be heard on 3556 please approach the mic and say your name for the record Mo close second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi move the ordin second commissioner Evans I commissioner Tui I commissioner scarelli I mayor Kelly I thank you uh commissioner Evans let's stick with you with resolutions okay um my first ordinance number 7 17 624 uh was for uh issuing estimated third quarter tax bills uh however this or this resolution is tabled uh be we've been working with uh the esss County Board of Taxation and we feel confident that uh given the state's adoption of the budget that we will get a certified tax rate uh next week and we'll be able to issue regular bills holding this ordinance saves the township approximately $155,000 to avoid the paper cost and mailing associated with the third quarter bill so this one's tabled uh 177 d24 uh whereas njsa 48 col 5-4 requires the governing body of every local unit to have made an annual audit of its books and and accounts and financial transactions whereas the annual report of the audit for the year 2023 has been filed by the registered Municipal accountant with Municipal the municipal clerk pursuing to njsa 48 colon 5 through six and a copy has been received by each member of the governing body uh whereas the uh whereas the local Finance board has promulgated njac 5 col 36.5 a regulation requiring that the governing body of each municipality shall by resolution certify to the local Finance Board of the state of New Jersey all that all members of the governing body have reviewed as a minimum the section of the annual audit entitled General comments and recommendations whereas members of the governing body have personally reviewed as a minimum the annual report and specifically the sections of the annual report entitled General comments and recommendations as evidenced by the group affidavit form of the governing body attached here to whereas such resolution of certification shall be adopted by the governing body no low no later than 45 days after the receipt of the annual audit pursuant to njac 5 col 30- uh 6.5 whereas all members of the govering body have received and familiar themselves with at least the minimum requirements of the local Finance Board of the state of New Jersey has stated a for said and have subscribed to the affidavit as provided by the local Finance board whereas failure to comply with the uh uh comply with the prgs of the local Finance Board of the state of New Jersey May subject a member of the local fin governing body to a p to the Penalty Provisions now therefore be resolved by the Board of Commissioners of the township of nully hereby states that it has complied with nj's C 5 30 6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said board to show evidence of said compliance so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly yes the I took a look at the audit and there's uh everything is in great shape uh I was I was pleased that to see that they were very limited in terms of the recommendations uh which show that were in great financial shape uh and so I vote I thank you thank you mayor uh whereas the township nly has a need to acquire the services of an independent professional planner with expertise with the preparation of zoning ordinance revisions to form into a formal regulatory zoning ordinance to be retained on a non-fair and open basis pursuant to the provisions of njsa 40a colon 11.5 whereas Paul Ricky of Ricky planning 1 77 Mammoth Avenue Atlantic Heights New Jersey possesses the requisite education experience and lure to provide the services at a cost of $135 an hour not to exceed $2,500 and whereas the anticipated term this contract is July 1 uh through December 31st 2024 whereas funds are available in account 401 uh 219 205 and have been certified by the chief uh Financial Officer whereas Paul Ricky of Ricky planning has completed and submitted the business entity disclosure certification which certifies that they have not made any reportable contributions to a political or candidate Committee in the township of meling the previous one year and that a contract will prohibit them from making any reportable contributions through the term of the contract now therefore be resolved by the Board of Commissioners the township of NY County of es state of New Jersey authorizes the mayor and municipal clerk to enter into a contract on a non-fair and open basis in accordance with njsa 48 col 11-5 with Ricky planning at the stady rate of $135 not to exceed $2,500 so mov second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi my next resolution authorizes the um excuse me Treasurer uh to over to refund and overpayment of a uccc fund in the amount of $2,000 so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi thank you thank you mayor commissioner chuchi yes mayor thank you where is Department of parks and public property determined 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 families now therefore be it resolved by the Board of Commissioners of the township of Nutley County of ESS state of New Jersey that the treasurer B and is hereby authorized to refund payments of recreation programs and the amounts listed below the folks at 5 584 Britney Circle for Camp Nutley in the amount of $600 for the 2024 year and the folks at 100 Warren Street again for Camp Nutley the amount of $200 for 2024 I move resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi it's all I have mayor thank you commissioner commissioner scarelli thank you mayor be resolved by the Board of Commissioners of the township of County V state of New Jersey that the Township Clerk is hereby authorized to advertise for sealed bids for 2024 coyman Avenue roadway Improvement project Bloomfield Avenue to the Bloomfield Border in the township of notle to be received by the Board of Commissioners in the commission Chambers Township PA one Kennedy Drive nle New Jersey on Wednesday July 24th 2024 at 11: a.m. prevailing time which time they will be open and red I move the resolution second commissioner Evans hi commissioner Tui hi scarelli hi mayor Kelly hi be resolved by the Board of Commissioners Township belly County state of New Jersey that the Township Clerk is hereby authorized to advertise for seal bids for sewer line camera Inspection Cleaning and reining in the township butley to receive by the Board of Commissioners commission Chambers Township Paul one Kennedy Drive notle New Jersey Wednesday July 24th 2024 at 11:00 a.m. prevailing time which time they will be open and ready and move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi that's all I have mayor thank you commissioner uh commissioner Petco has only one on for this evening so I'll read it in addition to mine I'll read his first this is resolution number 18424 whereas the township of Nutley the township is a municipal Corporation of the state of New Jersey and whereas the county of Essex County is a county of the state of New Jersey and whereas the county of esic recognizes the need to further assist our residents to reduce opioid use and support individuals in their recovery whereas the Division of Community Health Services would like to promote different approach in changing the behavior of individuals with substance use disorder who are involved in the criminal justice system at the municipal level with within the municipality whereas after careful consideration the parties's determined that a Cooperative approach to implement the rise Initiative Program a voluntary substance use disorder Continuum of Care and services referral and intervention strategy for municipal residents charged with non-violent crimes would offer the parties and and effective and efficient means for providing these Services whereas the county authorized shared service agreements with participating municipalities for the rise Initiative Program here after referred to as the program for a term of three years from January 1st 2024 through December 31st 2026 and whereas after a review of the benefits and potential success of the program the parties have determined to continue the program and whereas to continue with the program the parties have decided to enter into a shared service agreement to authorize the county to procure a vendor on behalf of the township for this this purpose and whereas the cost of the for the Professional Services performed pursuing this agreement shall be paid by the county whereas the term of the agreement will be paid for a period of three years commencing on or about July 2nd 2024 and terminating on December 31st 20126 and whereas this agreement is authorized pursuant to New Jersey statutes annotated 40 a Col 65-1 at sequence uh uniform shared services and consolidation act permits two or more local units to enter into an agreement for any service which any party to the agreement is empowered to render within its jurisdiction and whereas the parties agree that their M Mutual public purposes and their best interest will be promoted by the execution and delivery of shared services agreement pursuant to the powers conferred by the uniform shared services and consolidation act whereas the sharing of these services will benefit the taxpayers of both the township and the county by increasing the efficiency of service and decreasing the costs whereas all the terms and conditions of the agreement shall be reviewed and approved by the office of the County Council and whereas after review of the benefits and potential successes of the program the parties have determined to continue the program and now therefore it be resolved the Board of Commissioners Township Nell state of New Jersey hereby authorizes the proper County officials to execute all documents necessary to affect shared service agreements with all interested County municipalities for the rise Initiative Program for the term stated here and at no cost to the participating municipalities uh I move his resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi uh moving on to the resolutions I have on this evening uh this is the first one I have is resolution number 18024 and this is on behalf of the entire Board of Commissioners uh this is a resolution of the Township Commissioners of the township anelly authorizing a change order for the Professional Services contract with engo engino Webster wikas Scala and Taylor LLC as Council for the township have not concerning special Development Council whereas it's more fully addressed in resolution number 28123 the township of Nutley has entered a Professional Services contract with engino Webster wi Escala Taylor LLC as Council for the township regarding special Development Council whereas change order number one is needed in the amount of $50,000 to continue these special development legal services for the remainder of 2024 oras the funds are available from account number 4-01 d226 d205 in the amount of $50,000 has been certified by the Chief Financial Officer said certification being attached to this resolution May therefore it be resolved by the board of commissioner of the township of Nelly County of Asic state of New Jersey that change order number one is hereby authorized and approved in the amount of $50,000 be further resolved that a copy of this resolution shall be placed on file with the clerk of the township of Nutley and notice in accordance with the local public contracts law of New Jersey in the form attached here to shall be published in nutly Sun so moved commissioner Evans commissioner Tui hi commissioner scarelli hi mayor Kelly hi uh the next one I have on this evening is uh is one of the continuing benefits of having our own health officer uh we are applying for a grant of $168,000 and some change uh whereas the township andell has applied for a grant in the amount of $168,400 M for designated personnel and create long-term infrastructure improvements while planning for Health Equity diversity inclusion and accessibility now therefore it be resolved that the mayor and the commissioners of the township of Nelly in the county of Essex state of New Jersey formally approves the Grant application for sustaining local public health infrastructure for fiscal Year's 2024 through fiscal year 2026 so moved second commissioner Evans commissioner I'm sorry sorry commissioner Tui I commissioner scarelli I mayor Kelly I and the last resolution have on for this evening is resolution number 18524 whereas the New Jersey Department of Treasury Division of Taxation has provided tax clearance certificates and said lenses are qualified to be licensed according to all standards established by the new New Jersey statutes annotated title 33 in regulations promate promulgated thereunder as well as perent local ordinance and conditions consistent with title 33 for each establishment listed below for this renal period whereas these establishment establishments have been inspected by the Board of Health fire department code enforcement department and police department of the township of Nutley are in satisfactory condition that therefore it be resolved by the Board of Commissioners of the township of Nutley County of essics state of New Jersey that the renal of plenary retail consumption licenses plenary retail distribution licenses and Club licenses be granted to the following licenses effective July 1st 2024 through June 30th 20202 uh be further resolved that the municipal clerk be and is hereby authorized to sign and issue said license certificates for the licensing period of July 1st 2024 through June 30th 2025 uh the only one on for this evening is the American Legion Post Number 7024 Franklin Avenue the club license so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi mayor Kelly hi at this time I'm going to open the meeting to the public anyone wishing to address the Board of Commissioners uh please approach the mic and state your name Janice rubel hello hi uh I'd like to specific can you hear me this is this message I'd like to specifically address this to the mayor and Commissioners as they could be instrumental in empowering an amendment to an existing ordinance in March of this year I sent emails and snail mail letters to commissioner and now mayor Kelly commissioner Evans commissioner scarelli commissioner petraco and commissioner Tui it concerned a 2.5 yearly rent increase for senior tenants in Nutley contacting them was suggested by Mr kushta I notice that Monclair and East Orange have instituted that Amendment there are not many senior tenants but those that rent oftentimes encounter a hardship with a yearly 5% increase most seniors are on a fixed income and truly need this amendment to be passed I'm aware that the rent control board can change the ordinance or at the very least introduce and make suggestions I'm also aware that the governing body can introduce and vote to amend with a majority of three of five votes for a 2391 chapter 18 of title to a rank control I'm asking you to help senior citizens in this town by introducing an amendment to the rank Control Ordinance which helps ease the financial burden of senior citizens over 65 years and which would include a lower rent increase 2.5% for seniors The Next Step would be to have it adopted via public hearings or advertise in the paper and then the majority of the vote lies within you the Commissioners and the mayor thank you for taking the time to hear my appeal along with several concerned parties thank you about the amendment to the rent Control Ordinance thank you for for coming this evening um I think I can speak uh on behalf of the entire Board of Commissioners is that we do everything we can to make this town affordable for everyone uh especially our seniors and nothing breaks my heart more than when I hear especially a senior someone who's lived here 70 80 years say that they can no longer afford to live here uh and that's a shame because they built this community uh and this community rests on their shoulders uh and I did receive your your letters and what we as the board of commission have done is we're referring it to the rent leveling board uh for their advice and counsel and they have their own attorney who could recommend some some additional action that we can take uh based on on uh their own due diligence uh and if the did anyone else want to address the uh comments well hopefully it'll end up with the Commissioners and you will take a vote on it yeah you know that can happen the amendment can be made hopefully thank you thank you we're we're all seeing your s to accept the mayor I'm outnumbered um and a couple of us are well over 65 too um here I hope to be there with you guys one day uh anyone else wish to be heard hello hello my name is Patricia little and I'm blessed to be able to say that within the last year I received an apartment in a senior building on 7 Williams Street however prior to that I lived in apartments on Church Street the rent there it became higher than what I was receiving in Social Security and retirement benefits I did approach the rent control board my meeting with them was unsuccessful and because Janice is mentioning them Mr Kucha discouraged me from trying to get something done in this town for seniors I recognize that we are all at that age and um but I'm wondering for instance uh Mr scell and mayor Kelly Mr chuchi Mr Evans I wonder if you are renters if you're tenants if you are landlords I'm not asking for the answer aners to that right now however it is really really important at this time for the township to consider the seniors who are tenants in these landlord controlled buildings unfortunately on Church Street I had a sink that was as old as the building which was built when I graduated from nle high with Yolanda in 1971 I could not get them or Mr ker to replace a sink that in summertime would have bugs come up out of it it's possible that people don't bring these issues to your attention and I recognize that it's harsh to have to try to deal with the younger the opioid crisis but then to stretch all the way up to those of us who are beyond the age of 65 so I ask you please to take into consideration Miss rubble's thoughts because the tenants in this town they need to be able to use their social security their pension to go even to the shop right you know to not have to worry that their rent is going to be raised to over $1,800 a month so thank you very much for listening and I I'm grateful to all of you for the work you do for the T yeah and congratulations to Mayor Kelly on your new position thank you so thank you very much thank you for your comments anyone else wish to be heard uh seeing none I'm going to close the uh the public comment portion of the meeting uh uh Mr Bruno do we have a a need for uh executive session do I have a motion for executive session move it second thank you uh we're at 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 whereas the Board of Commissioners of the township of Nutley in the county of Essex and state of New Jersey desires to proceed to close executive session and I therefore be it resolved by the Board of Commissioners of the township of Nutley move into Clos executive session to discuss contract negotiations and litigation be it further resolve that at the time when such discussions may be disclosed to the public shall be when and such disclosures may be made without adversely affecting the township of Nutley pending pending and or 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 Tui hi commissioner scarelli hi mayor Kelly hi and we'll be conducting no more business this evening so I'll entertain a motion to adjourn move it second commissioner Evans hi commissioner Tucci hi commissioner scarelli hi mayor Kelly hi the time is 7:41