##VIDEO ID:NnI2k-qFd0o## Big T [Music] I United States of America stand God indivisible Sunshine notice Madam clerk thank you mayor Board of Commissioners public meeting agenda for Tuesday October 15 2024 the time is now 7:06 pursuant to the requirements of the open public meeting act chapter 231 Public Law 1975 notice of this meeting was published in the December 7th 2023 issues of the nut lean The Herald news and the 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 Evans here commissioner Tui here commissioner scarelli here commissioner Peta here mayor Kelly present all present mayor thank you madam clerk minutes yes we have Board of commissioner meeting minutes for September 20 uh September 17 2024 and September 20th 2024 move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I uh Communications thank you mayor the Nutley Chamber of Commerce has submitted an event application to host the 62nd annual Santa's arrival at the Nutley Park oval on Friday November 29th from 1 pm to 3 p.m. with a rain date of November 30th from 10:00 a.m to 12: p.m the Nutley chamber has also submitted an event application for the 25th Annual nut Leaf 5K run and walk scheduled for Sunday May 4th 2025 from 8:00 a.m. to 10:45 starting and finishing at the NY High School Park oal and our last communication is from mayor Kelly's office he has submitted an event application to hold a Township's Christmas tree lighting on Sunday December 8th 2024 from 5:30 p.m. to 7:30 p.m. on Chestnut Street between Franklin ab and Park Drive motion please move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi that's it for communications mayor and I'm going to take the agenda a little out of order uh we have a a proclamation on for this evening uh for the friends of the library week and uh I'm going to read that on behalf of the entire Board of Commissioners whereas Friends of the nutly public library raise money that enables our library to move from good to Great providing the resources for additional programming much needed equipment supporting for children youth and adult summer reading and special events throughout the years whereas the friends support of the 2024 summer reading program resulted in 833 children registered for the summer reading program and a total of 20,525 books read 101 teens registered and 889 books read and 144 adults registered and 1,310 books read whereas the work of the friends highlights on an ongoing basis the fact that our library is the Cornerstone of the community providing opportunities for all to engage in the joy of lifelong learning and connect with the thoughts and ideas of others from ages past to the present present whereas the friends understand the critical importance of well-funded libraries and Advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to print and electronic materials along with expert assistance in research readers advisory and Children's Services whereas the friend's gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive Civic engagement and the betterment of our community now therefore it be it resolved at the Board of Commissioners the township Nelly County of Essex state of New Jersey proclaims October 20 October 20 to 26 2024 as friends of the libraries week and urge everyone to join friends of the library and thank them for all that they do to make our libraryi and community so much better take a picture uh does does anyone from the friends Library want to speak on their behalf or do you guys all just want to come up for a picture and get out of here hi I'm Dorothy the president of the friends thanks for this opportunity I've became friends in June president of the friends in June 2022 and it's been a fun Journey um we have a great website now we're spreading the word about friends we are recently honored by proponent Credit Union with a grant which will be put to good use our membership is passionate about helping the library and the community and our volunteers are amazing we just finished a very successful book sale which is well loved by the community and we've started a new tradition with our first author book fair where we invited nutly authors to meet and greet who knew we had so many authors in nutly next time you come to the library please check out our new hydration station with a convenient bottle filler thanks again thank you and thank you for all that you do than you everyone ready thank you thank you you guys are are welcome to stay for the whole meeting if you want want [Music] okay picking up where we left off uh we have a discussion on the 2024 best practices inventory by commissioner Evans yes a short discussion excellent every year we are required to complete a uh best practices uh survey uh that's issued by the Department of Community Affairs uh and every we're subject to completing this to determine whether or not we are eligible to receive 100% of our Aid that the state gives us so uh every year we pass uh and and this year is no different uh you have to get at least 35 a score of 35 uh on the on the inventory checklist and our score was 41 and a half so we're well above the average H basically it says we get 100% of the aid that we get each year so so uh well done to my team for what they do and making sure that we comply uh with the state's requirements and that we and it actually changes every year and it updates so they do follow up to see if we did Implement something are we following through on it if we need to implement something did we implement it so it it's a constant uh environment of continuous Improvement so uh thank you mayor that's all I had to say about it thank you and thank you to your team for getting us all our Aid that we can get helps keep our our taxes down uh moving to reports commissioner petraco thank you bills Madam clerk thank you Bill is for October 15 2024 public affairs $17,999 184 revenue and finance $2,937 4884 Public Safety 48,900 $ 2745 Public Works $4,940 parks and public property $169,200 Water and Sewer utility 1,335 19684 payroll as of Friday October 11th 2024 regular payroll total $955,000 eight overtime payroll total $ 67,2 121 total payroll 1, 12277 29 for a grant total of 5,458 51966 move the Bills second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi that's it for for bills mayor uh we have public comment on a agenda items only this is public comment on agenda items only those wishing to be heard approach the microphone and state your name for the record please seeing none Board of commissioner announcements commissioner Evans uh nothing for me this evening commissioner Tui yes I unfortunately I I was out of town for uh this year's Columbus State parade I think it's the first one I've missed 25 years uh but I just want to wish everyone a happy belated Columbus Day thank you VI thank you uh commissioner Scott pelly thank you Mar uh the farmers Market's entering its last couple of weeks I just want to thank everybody on the Board of Commissioners for your support uh making that market happen and uh invite people to come on out for the next couple weeks and support our farmers and our vendors at the Nutley Farmers Market commissioner Paka yes first I just like to say that we had fire prevention Last Friday Night and um I appreciate you coming mayor and as you know it was packed to the walls and it's really like attribute to what we do here and not Le for the kids and also I talked to commissioner Tui privately about this last week so I grew up on Park Avenue and sometimes I go see my father and one night I was coming home around 8:00 and to see all these fields laid up and a million kids playing it is astonishing to me and it's not not one night it's every night so I just want to compliment commissioner Frank you know you do a good job I always tell you that but you know nutly is really a special place and it's we're all about the kids and my hats off to to to all of you guys thank you thank you commissioner and uh we we had a number of events in the past two weeks culminating with our Columbus Day Parade as commissioner to she mentioned it was beautiful day for parade beautiful uh beautiful parade put on by the nle Belleville Columbus State parade committee so congratulations to them uh this weekend we do have with in conjunction with the the farmers market a PA pause in the the Park event it's going to be pause in the parking lot uh because that's where we have our Farmers Market uh but you're invited to bring your your your pets your F your furry friends and bring them there will be vendors uh specifically tailored towards uh your pets uh and and we'll have uh several other upcoming events be sure to check your uh calendars and check the uh the email blasts for additional information regarding that uh moving on to uh ordinance introductions commissioner PCO yes mayor I have ordinance number let's see here ordinance number 3568 and ordinance to amend an ordinance codified in the code of Township andell chapter 22A entitled vehicles and traffic particularly article seven special zones in area section 29a entitled handicap parking to add to the location set forth this one is for 63 spring Gordon I move that this ordinance be passed to a second reading and advertising nutly son together with the notice required by law and that the further consideration of said ordinance for final passage by the Board of Commissioners be held on the second reading on what is it November 19th I'm I move it commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I okay I have one more um this is 3569 um an ordinance to amend ordinance codified in sec in the code of office Township of notle chapter 22A entitled vehicles and traffic particularly article 7 section 29 titled handicap Park and to add the location set forth um 76 on place I move that this ordinance be passed to a second reading and advertising not sent together with the notice required by law and the further consideration of the said ordinance for final passage by the Board of Commissioners be held at its second reading on November 19th I move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi thank you mayor and we don't have any more ordinances for introduction and none on uh public hearing moving on to resolutions commissioner Evans thank you uh resolution number 7 27324 this resolution appoints Stephanie Santana to the position of Chief Financial Officer whereas njsa 48 col 9-1 14010 requires every municipality in the state of New Jersey to have a Chief Financial Officer to be appointed by the director of Revenue and finance and whereas the director of Revenue and finance has determined that Stephanie Santana who is a certified Municipal finance officer in state of New Jersey has the qualifications and experience to hold the position and perform the duties of Chief Financial Officer and whereas the board of commissioner of the township of Nutley is desirous of supporting this recommendation and Miss sintana has agreed to serve in set position commencing on uh January 1 2024 now therefore be it resolved uh by the Board of Commissioners of the township of Nelly we do hereby appoint Stephanie to the position of Chief Financial Officer of the township for the initial four-year term commencing January 1 2024 be it further resolved that for 10-year purposes Miss Santana's initial term uh of office uh is uh will commence on January uh uh 1 2024 uh I want to just a slight correction in here uh Stephanie uh joined uh later later in the spring around March time frame U and she passed her exam for the cmfo in August so she's qualified to sit in the position uh she meets all of the requirements and I'm satisfied she does the change here though is is that um she uh commenced in the position in March in the acting role uh we're now converting it to the permanent role by Statute 10 timeline begins on January 1 so while she wasn't here the timeline is January 1 so I just want to make that clarification for this resolution so move second commissioner Evans hi commissioner Tui hi commissioner scarpelli hi commissioner PCO hi mayor Kelly congratulations Miss Santana I thank you uh the next three resolutions 28424 28524 and 286 24 all relate to uh Cooperative purchasing uh uh uh organizations in the state of New Jersey and the purpose is that we enter into these all the time uh to uh and enable us to uh efficient efficiently buy goods and services uh under what is known as state contract uh so the state's already done the bidding process for us this enables us to take advantage of the scale of the pricing uh that occurs at the state county uh and uh and departmental levels so uh 284 authorizes the township to enter into a contract with US community's Government purchasing Alliance the national joint Powers Alliance the Keystone purchasing Network and h g c by vendors pursuant to the provisions of of njsa 48 colon 11-1 285 authorizes the township to enter into a contract with essis County's purchasing program pursuant to the same uh statutory uh administrative statute uh 286 authorized the township to enter into a contract with the state of New Jersey Cooperative purchasing program pursuant to the provisions of NJ sa 11a 11-12 a njac 5 colon 34- 729 uh now therefore for the township of nutly authorizes the purchasing agents to purchase goods and services from these approved cooperating Cooperative purchasing vendors presum to all conditions of the individual contracts for the year uh 2025 beginning on January 1 2025 through December 31st 2025 so move all three ordinances second commissioner me resolution resolution yeah I'm sorry commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi uh my next resolution 28724 uh designates a uh public agency compliance officer uh this is an actual valid position in the state of New Jersey however uh in Nutley we don't hire someone to do this because uh cost of hiring an employee is very very expensive but we do uh provide a stien uh to an individual who is qualified to actually execute these duties uh so in accordance with njac 17 uh col 2732 uh the Paco uh for the township of Nutley uh is will be elenie Pettis our municipal clerk who has served in this position for the last several years and she'll continue to do that for 2025 uh being further resolved that the township of clerk is authorized and directed to forward a certified copy of this resolution to the state of New Jersey Department of the treasury division of contracts and compliance and eeo and affirmative action in public contracts uh PO Box 209 Trenton New Jersey so move second commissioner Evans hi commissioner tuchi hi commissioner scarelli hi M PCO hi mayor Kelly hi my next resolution is uh authorizes the township to establish a petty cash account for 2025 in the amount of $650 so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO I mayor Kelly I uh two 28924 whereas the township of nly has a need to acquire the services of a registered Municipal accountant to conduct an annual audit of the township books accounts and financial transactions inclusive of the Nutley Public Library within five months after the close of fiscal year in a non-fair and open uh contract pursuance provisions of njsa uh 19 colon 44A and -205 and whereas the Chief Financial Officer has determined and certified in writing that the value of the contract is will exceed $330,000 it is anticipated that the contract will run for 12 months beginning January 1 2025 through December 31st 2025 n evach LP Certified Public Accounts and Consultants 200 Valley Road Sweet 300 Mount Arlington New Jersey has submitted a fee schedule totaling $175,000 for providing such services and whereas uh neach LLP has completed the and submitted a business into the disclosure certification which certifies that they have not made any disqualifying reportable contributions to a political or candidate Committee in the T of nutly in the previous one year and that the contract will prohibit them from making any reportable contributions through the term of the contract whereas funds will be available from account 501 222 205 in the amount of $997,000 and um account 505 76205 in the amount of $78,000 and will be certified by the chief financial officers sub subject to the adoption of the 2025 Municipal budget now there will be resolved d by the Board of Commissioners of the township of n authorizes the mayor transer into a contract with naachi LLP uh to provide the above services and further resolve that the business entity disclosure certification determination of value be placed on file with this resolution so move second commissioner Evans I commissioner Tui hi commissioner scarelli I commissioner PCO I mayor Kelly hi uh my next uh resolution 20 uh 290 24 uh provides for uh the need for Legal Services related to uh addressing our affordable housing uh obligation uh in in the township U this is a recurring resolution and recurring need in the town uh uh the uh funds are fully paid for out of the COA trust account uh T 2699 902 and that has been certified by the chief financial officer and whereas uh engino John P engino of engl stud Taylor has completed and submitted the business and disclosure certification which certifies uh that he and and the firm have not made any disqualifying reportable contributions to a political or candidate Committee in the Township in the pr previous one year that would violate njsa 19 colon 44 a-205 uh and related disclosures now therefore being resolved by the Board of Commissioners of the township of not in accordance with public contract law do hereby authorize the mayor and the clerk to execute and seal and deliver a contract with John engino of the firm of engino Taylor pursuant to the provisions of 1940 19 col 44A 20.5 for an amount not to exceed $15,000 uh be further resolve that the copy of this resolution will be published as required by law uh so move second commissioner Evans hi Commission Tui hi commissioner scarelli hi commissioner PCO I mayor Kelly I my next resolution is a resolution of the township uh U which is on behalf of the Board of Commissioners uh it's for Township Council concerning compliance and procedural as well as general legal issues specifically related to matters of open public meetings and uh uh open uh public records acts of the state of New Jersey this is an area that has been growing in complexity uh Through The Years uh the township when it comes to uh uh open public records act notifications receives generally uh by on an annual basis some 700 individual requests within those requests there are multiple actions required requests for information and multiple documents so uh one request with multiple questions where requesting multiple documents uh actually turns into thousands of documents pages that have to be reviewed and screened to make sure that we are compliant with the law uh for the township and that requires someone with special knowledge uh to do that uh and every year we use uh engos engino tayor and specifically Justin Marquetta who has done a great job uh doing that so uh funds are available for this purpose in account 501 02205 subject to the adoption of the 25 Municipal budget there's a typo in in the resolution U and that the The Firm has uh made all of the required bid as to sended these disclosures uh the amount of the contract is for $75,000 uh and and it will begin January 1 2025 through December 31st 2025 and we will follow the required disclosures as listed in the resolution so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi um my next resolution is is again is a compliance resolution with uh NW Financial uh which actually has to do a compliance review to make sure that the township is compliant with the SEC security exchange acts requirements regarding our outstanding debt uh U and U NW Financial does this for us every year uh it costs 1,500 bucks uh and will be provided for in our uh 2025 budget in account 501 208205 uh now therefore be resolved by the Board of Commissioners the mayor and the Township Clerk are hereby authorizing director to execute an agreement with NW Financial Group uh to two Hudson Place Hoboken for services of the professional Financial audit and the total amount of $1,500 the contractors ordered without competitive bidding as a professional service and in accordance with njsa 40 a 11-5-1 a uh notice of this action shall be printed in nle Sun the legal newspaper of the township of nley so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi okay and last but not least uh the treasurer is authorized to provide refunds of overpayment of property taxes and the amount of $1,946 for the lot and blocks listed in the resolution so move second commissioner Evans commissioner Tui hi commissioner scarelli hi commissioner PATCO hi mayor Kelly I thank you thank you commissioner commissioner chuchi yes thank you whereas a resolution was adopted on December 19 2023 three awarding a contract to trees Plus Inc 40 bunker Road East Han of New Jersey and whereas the agreement entered into on the bid specifications between trees plus and Township of Nutley was for a period of one year with the option to be extended not to exceed two years whereas funds are available from 5-01 52205 pending adoption of the 2025 Municipal budget not to exceed $40,000 for the Year and have been certified by the Chief Financial Officer said certification being attached to this resolution now therefore be it resolved that the township of nutly renewed the contract with trees plus of East Handover for the for tree removal services pursuant to the previously signed agreement I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I whereas Township Nutley has a need to acquire specialized Professional Services as a fair and open contract pursuant to the prision of njsa 19 colon 44A 20.5 and whereas the request for qualifications for insurance accident and safety review board meetings were received on September 25th 2024 and whereas C Walter sirl Insurance Agency LLC um also known as World Insurance Associates LLC 410 Franklin Avenue Nutley has provided these services in the past of the township of Nutley is particularly suited to provide continued service and where as a term of this contract is for a one- year period commencing on January 1 2025 and continuing through December 31st 202 with the option to extend for one additional year and whereas funds are available from account 51516 245 and the amount of $10,000 and have been certified by the Chief Financial Officer subject to the adoption of the 2025 Municipal budget said certification being attached this resolution now therefore be it resolved by the Board of Commissioners of Township Nutley County of esic state of New Jersey that a contract be awarded to se Walter seral Insurance Agency LLC as described herein the responsory RFQ shall be placed on file with the resolution and a noce of this action shall be printed once and the not Le sun in accordance with local public contracts well I move the resolution second Evans commissioner Evans hi commissioner CI hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi whereas Township has need to acquire specialized Professional Services for consultant and risk manager for the township Nutley through a fair and open process pursuant to njsa 19 colon 44 A- 20.5 and whereas the rfqs for consultant and risk manager received and opened on September 25th 2024 whereas C Walter C Walter sural Insurance Agency LLC 410 Franklin Avenue is particularly suited to provide continued service and where as a contract for professional risk management consulting services required in the bylaws of the Suburban Metro joint Insurance Fund this contract shall not exceed $50,000 per year for 2025 and 2026 and the funds are available from the Suburban Metro joint Insurance Fund now therefore be resolve that the Board of Commissioners of Township nley County of es state of New Jersey authorizes a contract to be ENT to with C Walter sural Insurance Agency as described herein be it further resolved that the response to the RFQ for consultant the risk manager be placed on file with this resolution I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner pet hi mayor Kelly I whereas Township has a need to acquire specialized Professional Services as a fair and open contract purs to the provision of njsa 19 colon 44A 20.5 and AWS Department of parks and public property has determined that there is a need to acquire specialized Professional Services for air conditioning heating and Refrigeration services and purchase of equipment and whereas the municipal clerk is hereby authorized and directed to advertise for seal bids for air conditioning heating Refrigeration services and purchase equipment now therefore be resolved by the Board of Commissioners of Township notley County B state of New Jersey that seal bid should be due on Thursday November 7th 202 4 to 11:00 a.m. prevailing time addressed to mpal clerk Nutley township hall one Kennedy Drive Nutley New Jersey at which time they will be publicly opened and read I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO mayor Kelly hi whereas a resolution was adopted on November 29 2023 awarding a contract to montillo Electric uh 3129 Ridge Road Linhurst New Jersey and whereas the agreement entered into the bid specifications between montillo electric and the town B Nutley on November 29 23 was for a period of one year with the option to be extended for an additional year not to exceed two years total and whereas funds are available from account number 5-01 8200 in the amount of $110,000 and G there 041 18641 in the amount of $70,000 not to exceed $80,000 for the year sufficient funds will be available for set contract subject to the adoption of the 2025 Municipal budget and been certified by the Chief Financial Officer said certification being cous resolution now therefore be it resolved that town from nle renew the contract for an additional year with montillo electric LLC pursu to the previously signed agreement I move the resolution move it commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi whereas Town Nutley has need to acquire specialized Professional Services and faing up contract pursuant to division of njsa 19 col 44A 20.5 and where's Department of parks and public property has determined that there is a need to acquire specialized Professional Services for Plumbing Service and purchase and whereas municipal clerk is hereby authorized and directed to advertised for seal bid for Plumbing Service and purchase now therefore be it resolved by the Board of Commissioners of Township Nutley County of ESS state of New Jersey that seal bid should be due on Thursday November 7 2024 at 11:00 a.m. addressed to the municipal clerk Nutley township hall one Kennedy Drive Nutley New Jersey at which time there will be publicly open and read I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO commissioner PCO hi mayor Kelly hi whereas the township has another need to acquire specialized Professional Services as fair and open contract presuming to the provision of njsa 19 colon 44A 20.5 and where's Department of parks and public property determined that there is a need to acquire specialized Professional Services for roofing services and purchase of supplies and where as Municipal clerks hereby authorized and directed to advertise for seale bid for Roofing Service and supplies now therefore be resolved by Board of Commissioners Township Nutley County of state of New Jersey that seal bid shall be due on Thursday November 7th 2024 at 11:00 a.m. addressed to the municipal clerk Nutley Township H one Kennedy Drive Nutley New Jersey at which time they will be publicly opened in read I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi resolve by Board of Commissioners Township not County B state of New Jersey at the mpal clerk is hereby authorized and directed to advertise for sealed bids for recreation uniforms and equip be a further resolve sealed bids for recreation uniforms and recreation equipment shall be due on Thursday November 7th 2024 at 11:00 a.m. in the commission Chambers Township Hall at 3M prevailing time at which time they will be publicly opened and read I move the resolution second commissioner Evans hi commissioner tuchi hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi where is a Township had entered into a contract with vidiian environmental Consultants P box 30009 upper mon CLE New Jersey for njde response for glotzbach Park in Treemont place and where as director of parks and public property has recommended the following change order from St contract change order number two njd response for glotzbach and Tremont plac in the amount of $5,000 whereas funds are available from account number GD 041 18643 and has been certified by the Chief Financial Officer said certification being attached to this resolution now there probate resolved by the Board of Commissioners of Township Nutley County of B state of New Jersey that change order number one the amount of $5,000 B and is hereby approved I move resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I be resolved by Board of Commissioners of T nle the county of B state of New Jersey that in accordance with the open public meetings Law chapter 231 Public Law 1975 that the public meeting of the shry committee for 2025 will be held on the following dates all meetings are to be held virtually via Zoom unless otherwise posted at 7:30 p.m. as listed I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi and last but not least where as 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 for be it resolved by the Board of Commissioners of Township Nutley County B state of New Jersey that the treasurer be is hereby authorized to refund payments for recreation programs in the amount listed below below to Lyn die now for the Fall Festival in the amount of $100 I move resolution move it commission rans second commissioner Tucci hi commissioner scarelli hi commissioner PATCO hi mayor Kelly hi that's all I have thank you commissioner commissioner scarelli I see you don't have any resolutions on for this evening on tonight mayor thank you commissioner PCO resolution authorizing Award of non-fair and open contractor for labor Council whereas the cell Department of Public Safety has the need to acquire the services of a labor Council as non-fair and open contract pursuing of to provision provisions of njsa 19- 44 a-205 and whereas the law offices of Antonelli canther and Rivera located at 354 Eisen High Parkway tweet 1 livon New Jersey has submitted its proposal dated December 1st 2024 indicating they provided labor council at the rate of $175 per hour whereas The Firm of anon Al caner and Rivera has completed a business enony disclosure certification which certifies that the firm has not made any reportable contribution to political candidate Committee in Township and not in the previous one year and that the contract will prohibit The Firm Anella canther ver from making any reportable contributions through the term of this contract and whereas the term of this contract is January 1st through December 31st 2025 and may be extended as approved by this governing body and whereas the contract is not to exceed 75,000 whereas funds are available from account 5-01 02205 and have been certified by the Chief Financial Officer said certification being attached to this resolution now for it be resolved that the border of Commissioner of Township Andel authorizes contract with the firm Antonelli canther and Rivera as described here on and be further resolved that it business disclosure entity certification certification and the determination of value be placed on file with this resolution being further resolved that the notice of this action shall be printed in n isan in accordance with the local public contract law I move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner TCO I mayor Kelly I where njsa 484 87 provides that director division local government services May approve the insertion of any special item in the budget for of any County or municipality when such item shall have been made available by law and that the amount thereof was not determined at the time of the adoption of the budget and whereas the director may also approve the insertion item of appropriation freal amount and section one that for be resolved that the Board of Commissioners of pant Nutley County of Essex New Jersey hereby request the director of division local government services to approve as revenue from Department of Homeland Security pursuant to the provisions of the statute section 2 be further resolve that like some $415 64 and 54 B and the same is hereby appropriated under the caption of General Appropriations Appropriations excluded from caps M 2022 assistant firefighters Grant and other expenses $415 454 be a further resolved that the sum of 4, 1,556 excuse me 46 cents representing the amount required for the municipalities shall share of aforementioned undertaken the Improvement appears in the budget of the Year 2024 under the caption matching funds and hereby appropriated under a caption of assistance to Firefighters Grant be a further Reon at the Township Clerk for two certifi copies of this resolution to the director of local government services I move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kell I thank you thank you commissioner I have uh six resolutions on for this evening and I'll try to get through them swiftly uh the first resolution I have on for this evening is resolution number 2952 4 recognizing November as National diabetes awareness month and November 14th as World Diabetes Day whereas over 38 million Americans have diabetes and nearly 98 million American adults have the pre-diabetes whereas of over the 38 million adults with diabetes 29.7 million were diagnosed and 8.7 million were undiagnosed and whereas the percentage of Americans with diabetes age 65 and all the remains high at 29.2% while 1.2 million new cases are diagnosed every year and whereas the risks factors for diabetes related complications including smoking obesity physical inactivity high blood pressure and high cholesterol whereas diabetes is an epidemic in New Jersey with 10.2% of the adult population population having been diagnosed as whereas diabetes is expensive Americans with diabetes have medical expenses that are higher than those who don't including $36.6 billion do in direct medical costs and 106 billion dollars and reduce productivity attributable to diabetes whereas we must Aid efforts of improving preventing diabetes and finding a cure through diabetes related research projects and diabetes prevention and educational grants now therefore it be resolved that the Board of Commissioners of the township of Nutley County Asic state of New Jersey declare November as National diabetes awareness month and recognize November 14th as World Diabetes Day be a further resolve that we urge all residents to educate themselves on diabetes and how complications can be prevented or delayed by properly managing blood glucose blood pressure and cholesterol level by eating healthy being physically active and to quit smoking so moved commissioner Evans hi commissioner tuchi hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi the uh next one I have on for this evening is resolution number 29624 uh designating the month of November as National pancreatic cancer awareness month and November 21st is World Pancreatic Cancer Day whereas the American Cancer Society estimates for pan estimates for pancreatic cancer in the United States for 2024 includes 66440 people that will be diagnosed with pancreatic cancer and 517501 in 56 in men and one in 60 in women where some known risk factors for pancreatic cancer that you can change include tobacco use being overweight diabetes or workplace exposure to certain chemicals whereas some known risk factors for pancreatic cancer that you cannot change include age sex race family history and inherited genes whereas known risk to know the risk factors pancreatic cancer and find out how pancreatic cancer is tested for diagnosed and staged and now therefore it be resolved that the Board of Commissioners the township of nelli County of Essex state of New Jersey declar November as National Pancreatic Cancer Awareness Month November 21st as World pancreatic cancer day and be a further resolve that we urge all residents to take the time to learn about this devastating cancer in hopes to raise awareness as most people are not as knowledgeable about pancreatic cancer as breast or prostate cancer but is just as de debilitating a debilitating a disease so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I uh the next one I have on for this evening is resolution number 29724 uh this is designating the month of November as National Native American Heritage Month where as from November 1st to November 30th 2024 the United States celebrates National Native American Heritage Month where as Native Americans are descendants of the original IND indigenous inhabitants of what is now the United States whereas the national Native American heritage month is an opportunity to consider and recognize the contributions of Native Americans to the history of the United States and whereas Native Americans maintain vibrant cultures and traditions and hold a deeply rooted root root deeply rooted sense of community and whereas Native Americans speak and preserve indigenous language which have contributed to the English Language by being used as names of individuals and locations throughout the United States and whereas Native Americans have moving stories of tragedy Triumph and perseverance that need to be shared with future Generations whereas Native Americans have made distinct and important contributions to the United States and the rest of the world in many fields including the fields of Agriculture medicine music language and art whereas Native Americans have distinguished themselves as inventors entrepreneurs spiritual leaders and Scholars whereas the people of the United States have reason to honor the great achievements and contributions of the N of Native Americans and their ancestors they therefore be resolved the Board of Commissioners of the township ofle County of vasic state of New Jersey as the community to join them in recognizing and celebrating November as National Native American her itage month so moved second commissioner Evans hi commissioner Tui hi commiss scell hi commission PCO I mayor Kelly I uh resolution number 29824 whereas raffle license applications have been received from the following organizations Nutley high school volleyball booster club license number 5424 on premise merchandise raffle for Saturday November 9th 2024 whereas the applications have been reviewed and approved by municipal clerk and the police department now now therefore be resolved by the Board of Commissioners Township Nell County of esic state of New Jersey that the aformentioned licenses are hereby approved and the municipal clerk is authorized to issue set licensees so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi uh this next resolution I have is on behalf of the entire Board of Commissioners and it's resolution number 299 24 whereas the township has a need to retain the services of a consultant who specializes in matters related to government ations and support primarily to the ongoing redevelopments of hoop of the hoopen L Ro site as a non-fair and non-open contract pursuant to the New Jersey statutes annotated n title 19 uh chapter 44 section 20.5 and whereas the Board of Commissioners has determined that Thomas Greco publishing LLC located 244 Chestnut Street Township of Nutley state of New Jersey 07110 is best suited to provide these services to the township and whereas Thomas scco publishing LLC has submitted a proposal to provide these Professional Services at a monthly the rate of $6,750 whereas New Jersey statutes anti title 40 a Col 11-21 115 permits an award of contract without public fitting whereas the anticipated term of this contract is from November 1st 2024 through October 31st 2025 2025 and funds are available from accounts 4-01 d102 D200 4-01 d201 D200 4-01 d302 D200 41-42 D200 4-01 d502 D200 uh $16,200 per Department totaling $81,000 have been certified by the Chief Financial Officer said certification being attached here to whereas Thomas Greco publishing has completed and submitted a business entity disclosure certification which certifies that they have not made any reportable disqualifying contributions to a political or candidate Committee in the township of notle in the previous one year and that the contract will prohibit them from making any reportable contributions throughout the term of the contract and therefore it be resolved that Board of Commissioners Township NY County VC state of New Jersey that the mayor is hereby authorized to enter into a contract with Thomas greo publishing L LLC as a professional service be a further resolve that a copy of this resolution as well as the contract shall be placed on file with the clerk of the township of Nina notice in accordance with local public contract La of New Jersey and a form attached here to shall be published in the not Le Sun so moved second commissioner Evans I commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I and the last one I have on for this evening is resolution number 324 whereas the township of Nutley has a need for services of an outside litigation Council in reference to ARA versus Township of Nutley at Al doet number esx-1 1982-2000 through a non-fair and non-open contract as a professional service pursuant to the provisions of New Jersey statutes annotated title 19 uh chapter 44A 2020 20.5 and New Jersey SE is annotated title 2011 uh at sequence as amended whereas the law firm of Bruno and Ferraro Esquires 301 Route 17 North 211 Rutherford New Jersey 07070 is qualified to provide these Services whereas Bruno and Ferraro Esquires has submitted a 2024 fee scheduled to provide such services at an hourly rate $215 for Legal Services by attorneys in an hourly rate of $100 for services by paralal or law Clerk and whereas the contract will not exceed $155,000 for the period of October 15 2024 through October 14th 2025 and whereas the funds are available from accounts 4-1-1 012 d205 and 5- 01- 012 d205 will be certified by the Chief Financial Officer said certification being subject to adoption of the M of the 2025 Municipal budget where the law fir of Bruno and Ferraro Esquires has completed and submitted a business Edy disclosure certification with certifies that they have not made any reportable disqualifying contribution to a political or candidate Committee in the Township in the previous one year that would violate the New Jersey statute annotated title 19 chapter 44A 20.5 or the Township's local unit pay to playay ordinance or New Jersey election law enforcement commission disclosure requirements and now therefore be resolved to the Board of Commissioners of Township n county V state of New Jersey contract for outside litigations Council as F follows a that the mayor and Township Clerk are hereby authorized to direct and execute seal and deliver a 2023 I think that should be 2024 cont contract for professional legal services with Bruno and Ferraro pursuing to a non-fair open public process in accordance with New Jersey statute anotated title 19 chapter 44 Alpha 20.5 for the term beginning in October 15 2024 through October 14 2025 the state Aly relates not to exceed $15,000 be a copy of this resolution as well as a contract and business entity disclosure certification and business entity disclosure of campaign contributions shall be placed on file with the clerk and see a copy of this resolution resolution shall be published as required by law within 10 days of its passage so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi and uh that's all I have at this time we will open the meeting up to the public uh if you wish to be heard at this time please approach the microphone and state your name for the record please Janice Rubble good evening mayor Kelly commissioner scarelli PCO Tucci Evans and Mr Bruno last meeting mayor Kelly you had mentioned that there would be a development pertaining to this issue yes we we did hear back from our our rent leveling board attorney and uh this is a a novel area it it has uh some illegal issues for us to navigate uh on the one side it is theoretically permissible and legal on the other side it's also theoretically constitutionally impermissible uh which creates a significant risk of litigation for the township uh and at this time the township does not want to incur that litigation risk especially with the the costs going on with the school board uh it's at this time it's not advisable we we want to see the landscape be a little bit more settled and developed before we take a a decision you know one way or the other on this uh additionally uh by law landlords are entitled to a 7% return on their investment if they're not seeing those returns they're they're they're able to come before the rent leveling board to allow them to then increase their rents uh beyond the statutory uh maximums uh and if we cap it for seniors that means their neighbors are going to have to pay more to live in the same uh apartment uh which is unfair to them as well and so at this T time the Board of Commissioners upon the advice of council is is is will not be acting on uh the proposed resolution okay thank you I'm sorry you didn't get uh the response you were looking for we we did spend a lot of time looking into it and at the time at this time we want to see some more solid legal ground before we take a step one way or the other good evening Nicholas or at 35 will street that we New Jersey uh you understand why I'm here um it's another month another 1,800 on the mortgage taxes Insurance legal bills I'm just beyond drowning here um I haven't you know no one here has reached out to me personally uh other than when I reach out to you guys you do offer me to respect and know say something briefly uh the only time someone's ever reached out to me ironically was on Election Day uh exactly um I'm here tonight because you know I'm trying to keep my composure and it's really difficult um I just received a 47 page report from a appraiser company that you guys hired 47 pages going through the property them telling me I guess the township wants to give me Nuance on $27,000 they want to give me 5,000 which was beyond absurd 47 pages in this report it states that you guys value my land that I purchased for now I'm at I don't know 265,000 cting at $99,000 now I you know I try to take a deep breath and not get upset about this but Mr saage all du respect is your department okay so you you think it's appropriate that two and a half year later that you guys do a praise on this land but when I bought this property you had your department your tax assessor who I have the utmost respect for and I'm not here to criticize people because I still believe even though my lawyer doesn't that no one did anything intentionally to hurt me your department dropped a ball over and over I've said last time if this was Corporate America they would have been fired your tax assessor has my Landa tax uh assess at 83,000 90,000 I was paying taxes on it for 3700 all of a sudden I file a lawsuit two and a half years later you guys you know changed the tax assessment on it now the land is worth 9,000 my taxes should be what 100 bucks but I'm still paying pay more than that that 47 page report was a slap in my face I'm going to be honest with you if someone took the initiative years ago to do that I wouldn't be sitting here right now or standing there but because you guys were served this flood map years ago and you shelf it because that's what happened you know and it's just you know I'm gonna talk in circles right now but uh that that kind of brought me back tonight 47 Pages who knows what you guys spent on that I mean I know my legal bills and I sure you yours is as much as not more you know I'm going to talk in circles right now I'll probably running out of time I I respectfully ask if you just let me talk over 20 years ago I R for city council I ran and everyone told me don't run you don't have a chance you're not going to win and I ran because I noticed things through the years that I did not like what the township was doing I I watched people get hurt and it bothered me that's who I am I served our country in Army I was in Marine Corps I served as a fireman I'm a special education teacher my whole life I've been committed to public service when I ran everyone said you can't win you won't win don't do it Mr Tui could probably attested this he knows back then you have one crew and another crew here I was all alone ran had a purpose my purpose was that I did not like to see people and to this day as a a principal for a school ad ministr for 16 years I I could bring every employee that ever worked for me to come in and speak about my character anyway I ran for office and and I won it was all about heart and you know I'm going to talk in circles again I apologize but I didn't know much about politics I was in my 20s but I'll tell you how I worked I didn't know about a Township attorney I met this guy named Tom Murphy didn't know I was running for office but Tom one day was kind enough to treat my little son at the time Nikki who 35 now he was probably I don't know 10 years old he was friends with Al mayo and Tom took him over and got him donuts so Tom and I built this friendship but because I trusted his character I supported him Township manager I don't want to really talk a lot about that because I don't want a conflict but Mr Tui could test that when I ran for office Mr Kim was there they publicly tried to fire him I didn't like it but a lot of people spoke highly about moral T I didn't not know Morrow back then okay but being the person I was I've always said you know what I I went with people's character and who they were and I said let mayor Tui you know let's keep him there 6 months and Pastor torch and you know we'll change things up and that's the truth and no it's that's who I am my character speaks for itself eight months ago I was so upset at what was going on with me and how hurt I was getting I decided to run for commissioner Louis Lako her test I could fill this room up in a heartbeat I won't do that because it's not me against all of you within within less than three weeks a month I had 2600 petition side I decided not to run I even met and sat with Marie Hamlin I told her you want to win get on my team never once did I ever say a negative thing about any person up here it wasn't about you guys it was about me it was about what was wrong and I wanted to fix this leads me to today what's happening to me to me I don't know I would love to just hand this out you could throw in the garbage do what you want with it and and this may be my last time here it probably won't be but I have no other choice can I hand this out real quick yes let Council look at it you know what you could give uh you already have 10 copies of these I I cannot re iterate more what happened to me I have 50 pieces of evidence of what transpired when I bought this property in nutly the first couple Pages here shows you that I had discussions with the billing department prior to me buying this property I cannot emphasize enough that every person I spoke to told me that this property was legally divided and approved for a one family house plain and simple if you look at page one February 22nd 2nd 2022 this is seven months prior to Me closing on this property it talks about I met with Dave Barry whatever he explained it's it's it's brief it explains what happened Dave is going to provide a list of things I need in order to build on this land I know I need to meet with the town engineer and may have to retain my own personal engineer can you please uh relay this to the seller which I did he didn't tell me you can't build on this property he told me what I had to do meet with South forever six months before I purchased this property I got a zoning certificate from Dave Barry this certificate clearly says that this is a R1 Zone I could build on this property that's what that's what a Zone certificate a CO does it gives you permission to build on his property it doesn't say you could buy this property it's unbuildable it's in a floodway you can't build on it it clearly says this Dave instructed me to meet with s Ferrara and the town manager which we did we spoke in conference we spoke at length they all explained to me what I need to do your Township attorney that you guys paid submitted a report to to me Louis vaco who helped me build Godel my architect the first page of your Township report your engineer this site is in an R1 residential one family Zone where construction of a single family dwelling is permitted again this site is in an R1 residential Zone where construction of a single filmy dwelling is permitted this is from the people that you hired okay I mean I I don't I I am dumbfounded that it's two and a half years later and I'm still fighting with with this Township it's clear's day he gave me a list he told me what I need to do to build I was aware that this land was in a flood zone I I have a house down the Jersey Shore I was aware I had to do flood elevations he gave me this list I went back to my architect Mr Godel and we addressed every concern on this list and we did it we resubmitted clear's today I don't have one email one message nothing one letter from this Township that told me I need to get D approval everyone I spoke to every single person told me this was a legal legally subdivided property that I could build a one family I'm going to be a little more brief so that's the peon Ro your engineer that wrote the report wrong and I had Mr Barry saying yeah he messed up he wrote the report wrong at the end uh the next page September 29th Nick and Lou I met with sa in our Township engineer this morning they will be um releasing a re a review letter which I already had to let you guys uh to you guys shortly I know you have submitted a fent and Foundation permit for now can you start to file the rest of your permits while you waiting for the letter from the engineer the engineer told me I could build on this property this is from your building construction official telling me to move forward on this project he didn't tell me I can't build on it he say niichel and flow I know they Barry he's tell me you could build on this property it's clear's day these are emails from your Township it doesn't get any clearer and I try not to get let my emotions get the best of me but this is beyond sad and frustrated that I'm fighting this battle for two and a half years antonet deazi if you're familiar when you build you have to go the store conservation and fill our permit I did I paid for it you don't do all this stuff if you can't build on a piece of property no one in the township is going to tell me to do XY andz when they know this property is in flood weight unbuildable it's clear as that everyone here led me to not believe that made me go forward all the paperwork to build on this property only to be told a month later oops we made a mistake this is a floodway you can't build on this property what you talking I get build I just spent I got a loan on the property I'm paying I spent up one of you think I'm filthy rich I heard that through the grave line which is not true I work hard I've always worked two jobs I'm not don't let Facebook think make you think I'm rich I just enjoy my life I'm not a builder yeah I flipped the house here and there I'm not a builder it's it's clear as day that this Township led me down the road that was wrong I don't want to stay incompetent because everyone there I know and I think or thought I had a relationship with that they all made a mistake and I don't know why this Township is fighting me on this I would never if I sat in that chair this would never happen on my watch I'm sorry and I may be sitting in that chair one day day it would never happen on my watch as a commissioner I would speak to my colleagues and said let's fix what's wrong let's do what we tell the people we're going to do when we run for commission let's do what's the best interest for the people nutly not all the people not one person but let's let's make the decisions that people may not appreciate I just wish you would end this nightmare for me I got two children in college I got one that got married I mean it it's it's you know it's tough and every month I pay this stupid freaking High interest loan that I don't want to default on it because I'm 55 and I don't want to screw up my credit I don't want to lean on my house but sooner or later I'm in default on it and what bothers me most is I'm going to go to trial and I'm going to Prevail and when I do I'm going to be I don't want someone come up to me and say oh good job Nick you know it worked out for you no Now's the Time to fix my problems I send a settlement letter to all of you saying I'm willing to lose 150,000 of my money just buy the property for what I owe the bank I don't want to pay the bank no more I just don't get it can can you wrap this up in about a minute yes I'm I have L Louis vaco and Carl L I speak real quick and I'm just going to sum up and I'm done good evening uh Commissioners congratulations mayor uh everything he said is facts I mean it's just the truth so I don't know why anything other than you guys buying the uh property would happen why why why why would it go to court so uh I do appreciate app you bring this these documents to our attention it's something that we will certainly review with with Council and I know personally I I have the discovery on my desk and I'm I'm going through it myself I have not yet seen the the 47 page report uh I imagine that was done at the request of council uh by a third party uh and believe me I I don't think you're liar I don't think anyone else on this board thinks you're lying or or you're you're you have you lack of character or any of that you know we all feel for you we feel this is an unfortunate situation uh but as I said last time once this these kind of things enter into litigation it it takes time and I know it's time that you don't have uh and it's it's unfortunate for someone who's doesn't do a lot of litigation you it's kind of shocking how slow these things crawl um uh but for me I'm an attorney and you know I'm accustomed to the pace of litigation and so uh we we'll do what we can to try and uh speed the process along uh but uh you know I'm going to defer to our Council on this we're gonna have to discuss more in Clos session uh two years I I would hate to have to testify on his behalf I would hate to have to do that because it's all true there's no reason to testify the permits were taken by the office and stamped that means go do what you got to do build a house well I seen they a half dozen times I I waited for S three or four times I met with him twice fortunately the matter is in suit uh the entire board I know sympathizes with the situation I give anybody Mr I don't think because if you heard a guy like him nobody's safe in this town nobody he's a guy that you don't hurt that this was a lawsuit but it shouldn't have been a lawsuit it should have been settled it doesn't work though it it does sometimes it does I'll be brief gentleman Carl Lordi broker um XP reality and nutly I represented uh mrma on the sale of this property of 14 Homer and I want to test ify that I personally went to the town code department and spoke with the H saying is this property subdivide and ready to build and I was told yes I said we're going to get a CO yes he said but it's in flood zone and said fine and he said well happens I have a engineering report right here see this separate report we're gonna have to get this done for that property too so tell mram to call me he goes we're friends we know each other so great I texted am I said please meet with Dave because we have a little extra step to do to meet the the the codes because obviously you have to have the floodgates and the you know you can't build a a basement we know all that so as professional and been realtor in this town for 23 years dealing with Dave which he's a great guy and the whole department all you guys I know you all personally professionally and on a personal level that not understand that this is an issue that someone made a mistake in my professional business I have en insurance I make a mistake whether I do it on purpose or not someone makes a claim they get paid this is an obvious someone made a mistake that they did not properly put into the records that this was a different type of flood situation that it wasn't buildable that shouldn't be Mr oram's uh burden and you gentlemen it's not your burden if someone made a mistake and doing the thing has insurances so why this got to litigation is hard for me to understand but I'm here just to testify that we did our dueil I would have never let my client buy that property talk about this isn't the Forum to litigate this but those records that you're talking about are public records right the flood maps of public records yes but they weren't available at that point when we were doing it they came after the fact okay well then no one in town told us to to look at further into what it is so thank you if I just sum everything up that that's a cop out that the things are very you have hire professionals that work for your for your Township you have I know cuz it's not your $270,000 okay I know but you stand here and then trust me your attitude would be totally different and I don't want disrespect you because you been nothing but respectful I'm angry I'm upset I feel so again David gotat Louis Waco myself Carl Lord you have four individuals went to the town and all four were told the same thing that this lot to build on I mean I didn't if if if we w't told that then yeah I wouldn't be here right now I don't understand here your people that you hired so I'm going to sum this up again I'm going to ple with you once again I'm going to put it on Al tomorrow I'm going ask you to please make a motion to purchase this land for my Setton walk just pay the pay the bank off and keep it make it a pocket park you guys uh bu uh purchased land before what's the difference I mean obviously you're not doing me a favor because if people think you're playing favoritism I wouldn't be here 2 and a half years later this would been done when I went to see Mr T I said listen I got a problem I went to him you know as the mayor at the time as a friend let me ask you now can you make a motion to purchase this and maybe tomorrow second it we already I already tried to do it at that list you can do it right now simp I cannot do it and if you were on the board you know that I would do it for you and all let me talk don't over me Nick please I'm in your corner a th% I feel horrible about the situation but just like when you're a lawyer when you are on the board in bville tells you you can't do some I can't do it so it's not anything about our friendship I know Louis and Carl well my heart bleeds for you when there's a suud in place I'm not allowed to do it I just want to be clear I am I can I do it John yes he advises you not to you're not going to like we would buy it for we just had an appraisal that's what we would be constrained to buy appraisal two and a half layers you do apprais on a proper should me a praise two and a half years sooner sure I don't once again here comeing here is useless Al he advis you not to you you are elected official that that I've supported through the years and trusted in it's real simple I make a motion to purchase this properly and we'll use as a pocket park real simple I second it and this nightmare Nick please first of all you are a friend and I don't want to Ru a friendship over no I'm not this you have a police and fire issue I would be glad to help you this isn't even I'm respecting the issue make a make a motion do the right thing Mr AR I will not comment in this form uh you're a commissioner you can comment all you want let me give you one point of advice how well do you know commissioner petraco I know him fairly well really how well do you know commissioner Tui I know him really well how well do you know commissioner scarelli I extremely well all of them you are putting them in a position where on this matter because of relationship they must rescuse themselves from this matter you're you don't understand the law of elect official then put record and I'm advising you you putting them in a position where they must recuse themselves they don't you want I I am citizen of this wa I a citiship I know Mr I know his grandfather H the people in St just by faces I I'm a citizen right now you are arguing you are like arguing a settlement of a legal case before the public I'm ask him to purchase this property I'm asking the township do you like to purchase this property from St down Mr or you just gave us a whole bunch of new documents this is times give the documents I've given it I me this is the first time I'm seeing it so we're goingon to have to review it with Council like I said these things take time no one's trying to drag this on any longer than it needs to be and we're trying to move this as quick as as we can again I wish someone Joe Mr scarelli do you ever have any coms I mean I mean listen I respect you and story Emma uh I I think that the Mr Bruno sum this up we all feel for you we but we are in a position where we represent everybody in the township and we have to do what we uh have to do in according to the law and according to what our attorney puts us in a position so we don't put ourselves at risk and I hope you understand that I do and on a final note all of you knew chicolini and you all bought his property it wasn't a conflict then was it Mr Evans everyone knows chicolini did did you say Mr chicolini we can't buy your property because we know you come on this is the township I know you and I don't even know you you know of me I don't even know you so we all know each other I'm here as a citizen trying to unload a property that was condemned by this Township that's all I'm doing again make a motion buy this property and this nightmare because when I go to trial and I Prevail there shame on all of you I'm sorry and I'll never disrespect any of you I mean I want to scream I don't want to come off as being disrespectful but and Mr Dev you're the commissioner you don't think no one should be scolded for this in your department you think this is fine what they did you you think this is appropriate I will not comment thank you and again I don't mean to sound hostile but I'm sorry I will be up there one day and I swear to God I will never be dictated by a Township attorney I don't mean that disrespectfully but he works for you you don't work for him and I would make a motion right now I make a motion to buy and this nightmare for this kid that we all know that serve this country and serve this community it's that simple and you know and you know I wouldn't hesitate to do it thank you any you you'll both get a chance to speak so whoever wants to go first hi Commissioners I am ped I am Patty little from Nutley um mayor Kelly I was listening to your response Miss rubel and truthfully I didn't understand most of it would you be able to put that in writing to her I'm one of her supporters yeah yes if you want to give your contact information to the uh the clerk I'm I'm I'd be happy to uh uh explain that in in in writing to you okay because when uh when Daddy says no we go to Grandma right we need your address for the record oh my address no you don't have to put it on the record you could just give it to the the clerk okay so that's public comment on your name thank you for listening uh they're not listening I will thank you for listening because this such it's been such a long process that we've been going through and appreciate that you gave her the information tonight but I didn't understand it so thank you yeah that's it that's that's all I want to say yeah I'm I'm sorry it wasn't the the information it's it's just it's unsettled right now and it puts risk on us that we're not in a position to take right now where other towns may be able to take that risk and settle the landscape for us and we can revisit it in the future well my mom always said if Daddy says no go to Grandma we'll be back yeah thank you right there Patty thank you again for your Keepsake H hi uh first um I want to thank you guys for your patience because I'm really not a good public speaker so um I'm here tonight because I wrote you all an email on I'm sorry can you just state your name for the record please yes thank you sorry my name is Elis W shopsky and I live here in town um I'm here tonight because I wrote to all an email on October 3rd that went unanswered about the townwide movie night so I wanted to read it here so it went on public record and maybe I would get a response um last year because of the advocacy of a few parents the Board of Ed and superintendent B nutly took a significant step towards inclusivity by introducing no homework nights on a district level for some Jewish holidays and many other religious observances this showed a recognition by the school district of our community's diversity and provides much needed support for students celebrating non-Christian holidays and hopefully a step towards not scheduling districtwide tests and other important events on the first day of school however I was disappointed to see a recent town events scheduled on one of these no homework nights unintentionally excluding Jewish families observing rashishana the Flyer's message Community is about doing something together that makes belonging matter felt particularly hurtful and made me feel even more unwelcome if nutly truly values inclusivity and diversity we must be mindful of scheduling events that respect every family's needs this one really particularly hit home for me since I worked for the last four years to organize an event just like this for the anaca school with the expressed intention of fostering connection and creating memories however I had to explain to my three children that they could not go to this movie night because the town didn't know that it was our most important holiday I love this town and I've always felt supported when seeking help however it's puzzling when the township overlooks the diversity that it represents I understand that keeping track of everybody's holidays is challenging but then why was a diversity Council created and why wasn't it consulted when planning the calendar I know there's a learning curve however scheduling movie night on the second night of yam kapor and the second movie night with on the homework the second movie night on the homework night Min for dwali does not recognize the diversity that I've grown to love here in Nutley townwide inclusivity and recognition of the diversity should not lay on the backs of a few Advocates it should be the responsibility of our elected officials and the Committees that were set in place to ensure that thank you thank you and I I I do apologize to any everyone who wrote to me regarding the movie night I did try to I I thought I responded to all the concerns and I apologize if I I I missed your email uh we we UND my department understands that you know the the no homework night the impetus behind that was the Jewish holiday but we are a secular town and it's a uh build as a family night and we as a town have to C to all residents regardless of race Creed uh ethnicity everyone's invited to the town events no one's intended to be excluded and it I'm proud to be part of a town where we're able to recognize that Jewish students need to be with their families on an important holiday on a family night and they're able their families are able to come together but there's also many people in this town who come from broken families and don't have the the same type of family structure that you and I may have going to school and doing homework is sometimes the best part of their day and on a a night for families when people might not have the best family life we as a town opted to provide an outlet for people to come together and celebrate on a family night uh I do appreciate that but every single one of these no homework nights was created on somebody's religious holiday and it was created for a reason because of advocacy of parents trying to push this town to recognize the diversity that is here right and and it's one thing to set up a diversity Council but to not have the diversity Council actually Implement any kind of policies that help represent and make the diversity of this town feel included feels like a missed opportunity oh I I I understand that but like I said we have to represent the entire town we're a secular town we we can't observe call for other holidays that are recognized I'm not asking to take off for holidays I'm asking to not host townwide events that specifically say fostering doing something together that makes belonging matter how does that make people feel like they belong the town observes federal holidays okay Alise uh you know I I think we apologize for any way you felt that you were excluded from that event I think we understood understand and reading your email the way you felt um and and I think it was a an oversight on our part and you know I I think we should plan to do better in the future so I want you to know that you know the the board feels that way and we understand and you know it maybe it was a missed opportunity on our part so thank you mayor if I if I could just make a quick comment too I I could see how heartfelt that is for you my heart is bleeding up here because you are so passionate and I am a little in the dark about this unfortunately I don't read every email cuz I get like 300 a day and I apologize for missing it however you know what Nutley does great all of the Commissioners you know instead of going back and forth if we could work towards a solution that would be you know my pleasure and I know that you know the gentleman that I sered with here you know is is I think it would be better because I would never want anybody to feel slated and especially especially a mom thank you and I appreciate that um what what's frustrating for me is the solution that's happened on the board of education level is that we have one parent now who writes them every year and informs them of the holidays that they need to be sensitive to and that does not seem like a sustainable solution the sustainable solution is having something like a diversity Council something that will be here long beyond my children and long Beyond me that are you on that Council I I am not I have no idea who's on that Council but I don't know what they do if not point out these things to the council yes so we do observe cultural holidays but like I said we we as a Township there we have to tow a very fine line with the Constitution there's separation of church and state and we have to be cognizant you know like Dali is also a religious holiday you mentioned Dali we have to we have to tow a very fine line so not to observe all due respect I do appreciate that but when you tell me that and my children come home every year with Christmas ornaments from school it's hard for me to hear that so I do appreciate that and I understand there is separation of church and state and it's one of the things I love about this country and and I'm not asking to take Christmas out of school I love Christmas I love Christmas ornaments but when you throw that line back at me as a reason why you can't at least not respect other people's holidays it feels it fed empty so I just like to add a comment just simple comment uh I won't repeat what commissioner scarelli said because I actually think he said it quite well I think he did too thank you we will I promise my word right for me um I have been associated with diversity inclusion from race from gender from all aspects for many many years I after all I've been through I still don't feel that I comfortable enough that I can make a decision right every time and that when we do make a mistake we just own up to it and do better and I promise you we'll do better I appreciate that thank you so much if I might before you sit down and at the risk of being redundant all right um I do apologize for that I know it was not intentional I know it doesn't make it any less hurtful and anytime a child is hurt or a family is hurt it hurts all of us and it hurts our community and we do recognize that we will do better thank you we will do better in the future I appreciate that yes and I've concluded most if not all of my emails uh you know my door is always open I'm happy to have a conversation uh and we can work on Solutions together for uh you know to prevent situations like this from happening so my door is always open I'm welcome to have a more in-depth uh conversation with you at any time anyone else wishing to be heard seeing none I think we have a need for executive sessions we do mayor uh contract negotiations and litigation uh I'll entertain a motion for executive second whereas Section 8 of the open public meeting act chapter 231 Public Law 1975 permits the exclus of the public for meeting in certain circumstances whereas the public body is of the opinion that such circumstances exist and whereas the Board of Commissioners of the township of Nell and the county of Essex and state of New Jersey desires to proceed to close executive session and now therefore be resolved by the Board of Commissioners of the township of not Le move into close executive session to discuss litigation attorney client privileged contract negotiations be it further resolved that a time when such discussions may be disclosed to the public shall be and such disclosures may be made without adversely affecting the township of Nutley 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 commissioner PCO I think May Kelly hi um we have no more business on for this evening uh I I apologize I will not be here at the next meeting uh I'm going on my honeymoon I didn't real I I I didn't properly look at the calendar I thought we had a Tuesday meeting but I'm flying out on Thursday and we have a Thursday meeting uh and so I apologize for not being here uh but I'll entertain a motion to adjourn move to adjourn second commissioner Evans commissioner Tui hi commissioner scarelli commissioner PATCO mayor Kelly the time is 8:40 yes