United States stand andice all wow I have no idea what M clerk thank you mayor Board of Commissioners public meeting for Tuesday January 16 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 December 7th 2023 issues of the nutly sun The Herald news and the Star Ledger a copy of this notice has been posted on the nle town hall bulletin board and a copy is on file in the mun Municipal clerk's office commissioner Kelly's absent excus this evening commissioner Evans here commissioner PCO here commissioner tuchi here mayor scarelli here all present uh except for commissioner Kelly he's absent excused this evening minutes Madam clerk thank you yes we have a board of commissioner meeting minutes for December 19th 2023 move it second commissioner Evans hi commissioner PCO commissioner Tui hi mayor scarelli hi reports commissioner Tui yes mayor I have a shay tree report for the month of December 2023 mrco yes I have my Department of Public Safety report thank you bills Madam Clark thank you Mayor Bill list for January 16 2024 public affairs 82,791 14 revenue and finance 3,881 25361 Public Safety zero Public Works 23, 8757 parks of public property $1,614 248 water utility $899.99 payroll as a Friday January 5th 2024 regular payroll total $93,600 767 total payroll $997,500 3411 for a grand total of 6, 880,000 39 move the Bills second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scar P hi and that's it for bills public comment on agenda items only would anybody like to address the board of commissioner on agenda items only seeing none let's move on to commissioner announcements nothing for me this evening mayor nothing mayor thank you I just have um tomorrow night at Public Safety at 7 o'clock we're going to be kicking off our neighborhood watch meeting um we have gotten a big response thank God we're asking the residents for their help mayor all my Commissioners if you're available please attend I'm sure it's going to be very informative that's all I have mayor good luck commissioner thank you thank you commissioner let's move on to ordinance introductions commissioner Evans yes mayor I have one this evening for the purchase of a vehicle uh for the Department of Health uh that was destroyed in one of the recent storms uh uh ordinance providing for a vehicle acquisition in and by the township of NY in the county of asex state of New Jersey appropriating $42,500 to replace a vehicle used by the Department of Health this is a fully funded ordinance there's no uh additional money uh required for Debt Service or bonding or anything like that uh I move Mo that this ordinance be passed through a second reading and advertise nly Sun together with an ordinance required by law that for further consideration of said ordinance for final passage by the Board of Commissioners be held at its second reading on February 6th uh 2024 so move second Comm rans hi commissioner PCO commissioner Tui hi mayor scor pelly hi let's move on to public hearings um ordinance number 3536 in ordinance of the Board of Commissioners of the township of Nutley in the county of creating chapter 112 Municipal Water and SE utility of the township of Nutley I move to open the public hearing would anybody like to be heard on ordinance number 3536 seeing none I move to close the public hearing second commissioner Evans hi commissioner Petco commissioner Tui hi mayor scarelli I move the ordinance second commissioner Evans hi commissioner PCO commissioner Tui hi mayor scarelli hi ordinance number 3537 and ordinance of the Board of Commissioners the township Nutley and the county of Essex establishing a sore Utility Fund would anybody like to be heard on ordinance number 3537 move to close the public hearing second commissioner Evans hi commissioner Petco hi commissioner Tui hi mayor scarelli I move the ordinance second commissioner Evans hi commissioner PCO hi commissioner Tui hi May gelli I ordinance number 3538 commissioner Evans hello there great yes mayor this is simply is a change to our ordinance uh that we previously established to lower the fee uh for compliance with uh our licensing uh uh regulation uh for um the registration fee reducing the fee from $100 down to $25 for uh certain size businesses and down to from $50 down to $20 so just reducing the fees would anybody like to be heard on ordinance number 3538 seeing none move to close second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor hi mov ordinance second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scarelli I uh 3539 commissioner we have to do everything tonight says by you on behalf of the board I don't remember where this one is oh this is this is a there's been revisions to the pay to play to pay rules uh and this one is simply resending our local ordinance so that we can make sure that we're always in compliance with the revisions for the state statute under State Statute so basically it's eliminating redundancy I hope of the public hearing on ordinance number 3539 anybody like to be heard on ordinance number 3539 seeing none move to close second commiss R all commissioner PCO hi commissioner Tui hi mayor scarelli I move the ordinance second commissioner avans hi commissioner PCO hi commissioner tuchi hi mayor scarelli hi this is ordinance number 3540 an ordinance to amend an ordinance codified in the code of the township pelli chapter 228 instit of vehicles and Tra traffic particularly article 7 special zones and areas section 28 o and P titled bus stops to remove the location set forth in anybody like to be heard on ordinance number 3540 seeing none I move to close the public hearing second Comm Evans hi commissioner Paco hi commissioner Tui hi mayor scarelli hi move the ordinance second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scell hi ordinance number 3541 an ordinance to amended ordinance codified in the code of townell chapter 349 flood flood plane management regulations anybody like to be heard on ordinance number 3541 seeing none I move to close the public hearing second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scell hi move the ordinance second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scell I let's move on to resolutions I'll take commissioner Kelly's uh when I do mine uh commissioner Evans thank you mayor whereas the township desires to constitute a 20 2024 temporary capital budget by inserting there in an item to purchase a replacement vehicle for the department of public affairs which was lost arising from a stor from storm damage whereas the cost of the replacement vehicle will total $42,500 and is necessary to continue to provide transportation services for Township residents in need and whereas funds are available in the current capital Improvement funds and thus this resolution does not require the issuance of new debt obligations by the township ship now therefore be resol therefore being resolved by the Board of Commissioners of the township of NY County of B St New Jersey that a temporary capital budget authorization is hereby constituted for the purchase of a replacement vehicle for the department of public affairs not to exceed $ 42,500 being further resolved the municipal Clark is authorized to file a copy of this resolution with the division of local governmental Services Department of Community Affairs in the state of New Jersey within three days of the adoption of this temporary capital budget item which will be incl uded in the 2024 permanent capital budget when adopted by the township Su second Mr rans hi commissioner PCO hi commissioner tuchi hi mayor scar pelly hi whereas the planning board received an escro depositing amount of $3,750 from Joseph ha for property located at 285 Franklin Avenue and whereas the escrow fee was collected and deposited in an account T15 9911 989 whereas the planning board has reviewed and determined the balance of the escro account of $19.50 is due to Joseph Haynes now therefore being resolved by the Board of Commissioners of the township of nly County of state of New Jersey the township treasur be is hereby authorized to refund the estal fee in the amount of $190 50 to Mr Joseph Hayne so move second commissioner Evans hi commissioner PCO hi commissioner Tucci hi mayor scarelli hi thank you mayor bishopa where has attention not is in possession of the following vehicles that are no longer functional 2,000 Crown Vick 2013 Dodge Charger 2018 charger 2012 2013 Chargers as well 2003 uh Dodge Durango and a 2013 Chevy toah where whereas bibs Auto Recycling located at 54 Stover Avenue Cory New Jersey has offered 3,000 for these vehicles and whereas the township and not the right Township cler to release these titles these vehicles to bib's auto recycling for the amount indicated above whereas bib's Auto Recycling will pick up the vehicles at one TR Treon Place Nutley New Jersey now therefore be be now therefore be by the Board of Commissioners of Township of Nutley County invest of state of New Jersey that bib's auto recycling will purchase the vehicles and the Township Clerk will release them to bib's auto recycling move it second commissioner rans hi commissioner PCO I Commission Tui hi mayor scell hi thank you thank you commissioner commissioner Tui yes mayor we're at Department of parks and public property determined due to unforeseen circumstances families had to cancel participations in programs offered in whereas Department of parks and public property determined the need to refund families now therefore be resolved by Board of Commissioners Township Mutley County of ESS state of New Jersey that the treasur of be is hereby authorized to refund payments Recreation programs and the amounts listed below for the folks at 462 Kingsland Avenue for traffic basketball in the amount of $100 for the 2023 year and for folks at 20 Bayard Street for the Fall Festival in the amount of $100 for the same year I move the resolution second commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scarelli hi it's all I have mayor thank you commissioner this is H commissioner Kelly's H resolution whereas heart disease is the leading cause of death for men women and people of most racial and ethnic groups in the United States whereas February is National heart month and February 2nd 2024 has been designated as we the national wear red day at which time residents are encouraged to wear red to inspire women to take charge of their he Health on the state all Township of Nutley municipal buildings will be illuminated in red light to bring awareness to this initiative now therefore be resolved at Board of Commissioners Township dle County of essics and recognition of the importance of the ongoing effort to prevent heart disease we do by here we do hereby Proclaim February 2024 as National heart health month and urge all citizens and nle to show their support for preventing heart disease by learning more about their heart health eating healthy diet and maintaining an active lifestyle move the resolution second commission rans hi commissioner PCO hi commissioner Tui hi mayor scarella hi whereas raffle applications have been received from Nutley Jor Raider booster club license number 124 on premise tricky Trey raffle license number 224 on premises 5050 cash raffle vote to be held Saturday February 24th 2024 for as the applications have been reviewed and approved by the municipal clerk and police department now therefore be resolved by the board of commissioner Township of Nutley County VES state of New Jersey that the aformentioned licenses are hereby approved the municipal clerk is authorized to issue said license Mo the resolution second commissioner Evans hi commissioner Petco hi commissioner Tui hi mayor scarelli hi where is bids for the 2023 collection service of designated Co mingle recycling collection service received on and opened on December 27th 2023 and whereas BOS F boso Jr rubbish removal 5593 South 20th Street Irvington New Jersey was a responsible bidder whereas the term of the contract shall be option 1B for a 2-year contract with an option for two one year extensions at the same price subject to the availability of funds in the subsequent annual budget to be awarded solely at the Township's discretion to commence on or about February 1st 2024 whereas FBO Jr rubbish removal 5593 South 20th Street Irvington New Jersey was awarded a contract for removal and recycling of comingled collection Services Option 1 B three sections in the amount of $345,000 and whereas the funds are buil from account number four 40142 3201 in the amount of 345,000 and have been certified by the Chief Financial Officer said certification be attached to this resolution now therefore be resolved by the board of commissioner Township of Nutley County of es state of New Jersey that a contract be awarded to FBO junor rubbish removal not to exceed $345,000 and at the mayor and Township Clerk are hereby authorized to enter into and sign St contract for Township n move the residen second Comm TR mayor just a quick clarification uh since we're operating under a temporary budget we need to acknowledge that it will be included in the 2024 budget right so just adding that language you know thank you as amended by commissioner Evans move the resolution second again commissioner Evans hi commissioner PCO hi commissioner Tui hi mayor scarelli hi that concludes the business portion of our meeting M clerk thank you mayor all person's address ing the Board of Commissioners regarding Community concerns excuse me should approach I'm sorry excuse me should approach the microphone and provide their name and address you can we're good address please anybody wish to address the Board of Commissioners this evening for three minutes good evening everyone nasor 35 Wilson Street New Jersey uh Sor could you just pick that microphone up a little bit thank you I just want to stop in tonight just to update what was going on U I don't want to be here kind of like embarrassed to be here it's kind of like I'm begging and pleading but you know I I have to be my own voice if I'm not my own voice it seems like I don't have a voice uh I have an attorney I'm not fond of him at all um I don't think he's doing his job quick enough it's been 18 months uh you know it's one more month it's 1,700 more in debt on my part between the mortgage between the taxes between the insurance between uh the loan uh it's you know it's very stressful what I'm going through uh it's not as much the money at times that is anxiety I have andess the sleep as nice um it's even hard for me to talk about certain things because you know my daughter attends Ruckers University and on being knows to me she suet her apartment out to stay home this semester because she knew financially it's a little tough now I should never show my kids feir you know as a father as a parent we shouldn't do that but you know this is a very stressful time for me I don't think you guys understand impact uh I've said it last time I was here I'm not here to be critical I still believe all of you have the power to help me I can't believe it's 18 months I still haven't got a chance to sit down Mr Bruno that I I've served on the council many of you aware of that I I know that's the easy part I can't get the easy part um you know again I contacted feema again because there's days I'm fine and there's days I don't sleep and I'm up in the middle night I'm taking notes I cannot comprehend how the township will not at least give me an opportunity to sit down and just show my cards I said it last time you know you guys were elected not for Mr Bruno not for the township engineer not for Outsiders you elect it to serve the people to help us now needless to say I understand I'm nutly resident but I do fortunately or unfortunately have a connection with most of you and I'm I'm not here to be critical but I am disappointed I'm disappointed it's been a month and a half since I've been here and no one's reached out to me for anything I just you know I was on the phone with FEMA recently just this last week and this individual there has been helped me a lot and you know I have so many documentations showing that first of all I got the the and I I know I'm displaying my cards right now and I don't really care uh I have documentation from I said this last time from your engineer and I showed FEMA I sat down with FEMA and they said well Nick I obviously they read the maps wrong and their report is wrong and you know before I had this report from FEMA I mean from your toal engineer I can't emphasize enough six seven months before I bought this property I sat down with Dave bar I sat down with sth farrera i i Louis vaco sat down with both them my realtor sat they gave me false I don't know to say false because I truly believe no one did this intentionally they gave me wrong information I mean who in the right mind would purchase a property for 250,000 if if you know you can't build on it and I can't comprehend how and I'm not saying no you don't recognize it because you probably do recognize it you probably feel B for me but you guys have the power to help me here I spoke to FEMA I I called Green Acres I'm trying to get them to buy the property for me I know it has to go through maybe I think someone's Department the mayor here I don't know what to do and I can't rely on my lawyer because I can't afford him anymore and I know this is a perception I'm rich I'm not rich okay I work hard and I live a good life but that has stopped you know there's a lot I want to say but I want you I I wish someone and please don't take this the wrong way would be brave enough to make a motion to buy this property or make a motion to talk in private I I'm not familiar with the former government the Commissioners are I do know as a former council member you know what I can't do can't do but and you know Mr scell you know I got a lot of respect for you too you know when I got the paperwork from FEMA the you know the paperwork was sent directly to you now I don't know if you get it personally about the ordinance they gave me so much information how the township was well aware that this land was condemned the flood administrator and I'm not here to talk bad about sth unfortunately well they used to his daughter might daugh room together I don't believe anyone did anything intentional to me and I fight with my lawyer about this he thinks you're against me he thinks you guys are against me I don't believe that but I just don't know what to do and you know I don't want to come here every month and plead because I didn't pay this month's mortgage it's it's it's ship is sinking okay again I'm not in a position to throw away $250,000 and if you guys are God bless you I'm not uh sorry want but I know if they were in a position to be able to communicate with you they would everyone here has extremely high opinion of you but because there's a pending litigation that really ties everyone's hand that's my councel that would be anyone's councel uh I would urge you with your attorney to set up a call I will continue to make myself available and to the extent that anybody can help you everyone here in this room is interested in the right resolution whatever is fair and whatever is just you know you're aware that there have been Communications uh from my office to your attorney to the extent that we could advance that ball we're always willing and and ready to I appreciate that and unfortunately he says otherwise and I don't know why uh and and I tried I tried set up meetings you know and like I said you know I I don't there's no way any of you first of all if you on this side I was on that side I wouldn't hesitate marrow to make a motion for something uh I don't I you know like I said I none of you would ever read what I have and ever disagree with me I got emails from the building department get your permits ready let's go you know finish them you know I got a a letters from the township engineer okay everything's fine but we want you to we want you to change X Y and Z okay spend another 4,000 I got letters from uh the soil place uh whatever it's called everything like just just I don't even know how one day they woke up and found out I was in floodway maybe someone doesn't like me I I'm not perfect maybe they withheld something and they waited and they did that to me I I mean I don't believe that I don't know how this came up months eight months later this is not again I got to emphasize before I purchased this property I did my due diligence and if any of you think that going to the conr instruction official and going to your flood administrator and talking having them talk to town engineer is not your due diligence I mean what else is there for me to do you know I just don't get it and like I said I know you got listen I know you have the power to help me fix this whether it's purchase the land and you then you worry about it because it's not going to affect you it's not gonna affect any tax pay down and honestly it's the right thing to do you know people made a mistake at my expense listen I'm not going to go much further I think you guys hear me loud and clear I'm going to attempt I mean I said it last time you tell me a time and place I'll be there and if he doesn't want to come I'll fire him on the spot and I'll go prosay that's that's up to you Mr or through your attorney we we tried to give him some uh requests for some information that we thought might help us toward settlement negotiation and that was kind of the last time we heard from again and I'm not trying to be argumentative he tells me something totally different I wish my wife was here to test that you know I I went out it one night because I because I defended you and you not that you need to be defended by no means I said no way they would never do that that's not their character you know I mean it's not yours and I know it's not yours and I know it's not yours because I know you giving me the respect from day one but I need help I can tell you Mr story Emma that our instructions to Mr Bruno is to sit down and at least see what you have and and go from there am I correct gentlemen been trying for 18 months yeah Nick I mean there there's nobody here that that is adverse to to trying to help you but according to Mr Bruno and that John I don't want to speak for you uh but unless your your attorney provides him with the information that he needs he can't even sit down with him to see how this could be resolved or at least to explore some options it's not that we don't want to we absolutely want to we know you I know you for for years you're you're a great guy you're a great family man you have a beautiful family and nobody wants to see you get hurt in any way shape or form but according to Mr Bruno we can't do anything unless he provides the information that was requested I mean then we can look at what options we have and see what we can do to help which I believe everyone is willing to do I mean and I I you know I tell my wife I truly believe that but I know you all saying you don't want to hurt me but I'm hurting it's 18 month Mr tomorrow I came to talk to you over a year ago about this you know as if for not you know well you you would have Mar at the time or whoever that's what I'm supposed to do but Nick why can't why can't you get your lawyer to meet with Jonathan and I I don't understand just provide listen there's a that's a matter of opinion from both of them because I I he tells me one thing well why don't you bring him here to a meeting and let him say that to him that he would not me because that's nonsense Nick and and again we can't help you if it doesn't go through him I've called him a thousand times since you and I I couldn't be more and that's that's where that's where the start point is and that's what you have to accept so we can help you but I don't know of a motion that any of us could make to help you I mean if your lawyer's not doing his job I know you're a long time get another one so we could resolve this for you 21,000 with him already and honestly I know I know Jonathan isn't I I've called him a number of times Nick and I I asked him to meet with you your lawyer to whenever it's the same answer every single time whenever he wants to I'll make myself available so he's there right now I mean listen again I'm not here to be critical I'm saying what I respectfully disagree on a couple things because I know your counterpart or your partner got involved and that's when things went AR right and that's when attitudes you know start doing this and I told you one time I'm screwed now okay once I don't know listen we don't have to discuss case here yes you're entitled to your opinions the documents that we requested are critical to be able to advise the board whether or not there's liability this board or any board couldn't simply write you a check I understand you know without at least getting some lean that there's a problem Mr I mean that with no disrespect but I just said about The Clash of heads I mean I don't mean that in a derogatory way but I know what happens I know when you know I'm going to send an email tonight to both you and my Lord and if he doesn't follow through he's done and you know what I I think I I'm better served by myself and I I would believe in my heart if I sat down you and we went through things step by step you know just I believe my heart that you would recognize that okay we made a mistake we told this kid something that was not true and because that is so yeah Mr just real quick um I agree you need to communicate and it would be great if you communicate to both attorneys uh and and do that like right away I'm g go it's confusing to us to try and sit here and try to say and try and answer this question why won't these two communicate right don't understand it so and we can't act on it but what I will tell you from my 22 years sitting on the board with the Commissioners and being here with these guys for a long time when information is put in front of us and we have to make the decision we don't dwell on it we don't slow we don't go slowly we go quickly we are very good about making decisions when they're put put in front of us so we're just stuck at the gate that's it again thank you again I'm not here to Nick get in touch with your attorney tell them get in touch with Mr Bruno and at least get us information we need to make a decision again thank you and happy New Year anybody else wish to address the Board of Commissioners this evening Mr Bruno do we have a need for executive uh mayor we need some time in executive to discuss contract negotiations and potential litigation you have a motion second whereas Section 8 of the open public meeting act chapter 231 Public Law 1975 permits the exclusion of the public from 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 nully in the county of Essex and state of New Jersey desires to proceed to close executive session now therefore be a resolved by the Board of Commissioners of the township of n move into close executive session to discuss potential litigation and contract negotiations be further resolved at the time when such discussions may be disclosed to the public shall be when and as such disclosures may be made without adversely affecting the township of Nutley pending Andor anticipated legal Personnel contractual matters and other matters within the exceptions provided for by Statute this resolution shall take effect immediately commissioner Evans hi commissioner PCO commissioner Tui hi mayor scarelli I there be no further uh business can I have a motion to adjourn so move second commissioner Evans hi commissioner PCO commissioner Tucci hi mayor scarelli hi the time is now 7:40 good night everybody stay safe