##VIDEO ID:yh6TFFX28qE## to flag United States of America the rep Sunshine notice Madam clerk thank you mayor Board of Commissioners public meeting agenda for Tuesday August 6 20124 the time is now 7:05 pursuant to the requirements of the open public meeting Act chapter 231 Public Law 1975 notice that this meeting was published in the December 7th 2023 issues of the nutly Sun 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 Evans here commissioner Tui here commissioner scarelli here commissioner Petco here mayor Kelly present all present mayor minutes Madam clerk thank you we have a board of commissioner meeting minutes for July 2nd 2024 Mo it second commissioner Evans commissioner T hi commissioner scarelli hi commissioner PCO hi mayor Kelly I Communications Madame clerk thank you we have uh two this evening Holy Family Church has submitted a social Affair permit application to hold a religious celebration um for th uh Thursday September 19th through Sunday September 2 22nd 2024 at Brookline Avenue and the second one is the Rotary Club of Nutley has submitted a letter requesting permission to hold Raffles on Sunday September 15 2024 from 1 P.M to 6:m with the rain date of Sunday September 29 2024 at 325 Franklin Avenue move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi and that's it for communications uh reports uh commissioner Evans yes I have a code enforcement report for month of June and for the second quarter thank you bills Madam clerk thank you um Bill list for August 6 2024 public affairs $514,500 2,981 165 .26 Public Safety $83,400 71 Public Works $89,999 parks and public property 1, 31,6 12219 water utility $144,700 44 payroll as July 19 2024 regular payroll total 900 69,8 6948 overtime payroll total 8,523 40 total payroll $1,503 19288 for a grand total of 5,894 n166 move the Bills second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco I mayor Kelly I and that's it for bills uh we have public comment on agenda items only anyone wishing to be heard on agenda items only please approach the microphone and state your name uh seeing no one uh board commissioner announcements uh commissioner Evans nothing for me this evening nothing mayor nothing mayor I just I just would like to remind the residents there has been a tick down of these car burglaries in town lately thank God but there has been a couple so just please continue to lock your doors we say it over and over again in the cars that get robbed and the houses that get burglarized are the ones that leave their doors open so miss Carell please make sure you lock your doors also thank you uh I have uh you know it's tomorrow is purple heart day uh that's anyone who was wounded in action in in service of our our nation's military uh and so uh make sure you remember in your thoughts and prayers uh who veterans who uh were wounded in the battlefield uh ordinance introductions I'm introducing ordinance number 3561 on behalf of the entire Board of Commissioners this is an ordinance to fix the salaries of certain officers employees of the township of Nutley County of Essex state of New Jersey effective January 1st this is for non-union employees uh and I move that this ordinance be passed to a second reading and advertised and nly S together with the notice required by law and that further consideration of set ordinance for final passage by the Board of Commissioners shall be held on a second reading on September 3rd 2024 so moved commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi uh the next one commissioner Evans thank you mayor uh ordinance number 3562 this ordinance uh relates to authorizing execution of a financial agreement on the Diamond Springs uh Redevelopment project which is uh 85 units 82 of which are uh age restricted 55 and older uh I move that this ordinance uh be pass to a second reading and advertis and not Sun together with the notice required by law and a further consideration of said ordinance for final passage by the Board of Commissioners be held at its second reading on September 3rd so move I need a second commissioner Evans hi commissioner Tui stain commissioner scarelli hi commissioner PCO hi mayor Kelly I uh ordinances on second reading um commissioner Evans or commissioner Tucci which one yeah this one is is actually extending our fiber line Network in around the township it's it's a part of a longer term project so this is a phase that will connect the fiber line to uh the uh Flor lden park on the bottom of uh Hancock's Avenue missioner would you like to say more about that yes this will also give us the ability to live stream uh games there from our little league and our farm league uh and any other events that are happening in the park along with uh what we hope to be excellent life Li okay uh tonight we have ordinance number 3559 introduced uh by by Commissioners jointly introduced by Commissioners Evans and Tui on July 2nd uh we have a a public hearing so anyone wishing to be heard on this uh ordinance please approach the microphone and state your name move to close second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly I mov the ordens second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi moving along to resolutions commissioner Evans thank you mayor uh my first resolution is for uh refund of overpayment of water charges uh for three properties totaling 888719480 authorizes the treasurer to refund set amounts sub moved second commissioner Evans I commissioner Tui hi commissioner scarelli I commissioner Petco I mayor Kelly I uh the my next resolution is for the overpayment of taxes in the amount of $2,498 for Block 501 lot 3 authorizing the treasurer to to refund this overpayment so move second commissioner Evans I commissioner tuti I commissioner scarelli I commissioner PCO I mayor Kelly I my uh my last resolution is a resolution authorizing the insertion of a special item of Revenue in the uh Municipal budget relating to uh a grant that we have received for uh For assistance with uh helping with the the lead program in town in the amount of uh 28 ,000 now therefore be resolved by the board of commissioner of the township of n now hereby request the director of division of local governmental services to improve the insertion of the following items in the budget as listed be further resolved that notification of said budget changes shall be made by the Chief Financial Officer to the director of the division uh through the electronic submission process so move second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi thank you may thank you commissioner commissioner Tucci yes mayor whereas Department of parks and public property determined that 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 the families now therefore be it resolved by the Board of Commissioners of Township Nutley County of ESS state of New Jersey that the treasurer be and she is hereby authorized to refund payments for recreational programs in the amounts listed below for the folks at 11 Funston for Camp nut in the amount of $200 Folks at 8 Edison again for Camp Nutley in the amount of $800 Folks at 94 Park Avenue for Camp Nutley in the amount of 400 and the folks at 90 Mount burning for Camp Nutley in the amount of 400 I move the resolution second commissioner Evans I commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi where is count mle pursuant to njsa 4A 11-1 made by resolution without advertising for bids purchase goods or services under an approved County cooperative purchasing program and whereas the township of Nutley is a member of the Bergen County Purchasing Cooperative pricing system and whereas the Bergen County Purchasing Cooperative has awarded a contract to athletic fields of America 150 River Road Building G Unit 4B mville New Jersey for Synthetic Turf maintenance repair and replacement services via the Bergen County resolution number 97023 and whereas the township of Nutley Department of parks and public property intends to replace the artificial turf at monsor Owens park this is the soccer rink and whereas athletic fields of America 150 River Road Building G Unit 4B mville has provided a quote in the amount of $16,733.34 the following funds to support the project from the New Jersey Department of Community Affairs a local Recreation Improvement Grant in the amount of 65,000 and our own Capital account number g- 04171 403 in the amount of 61739 and44 cents now therefore be it resolved by the Board of Commissioners of Township Nutley County of B state of New Jersey at a contract for the retf of monor Owens Park soccer rink be awarded to athletic fields of America 150 River Road Building G Unit 4B New Jersey I move resolution second commissioner Evans hi commissioner tuti hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi this is a resolution authorizing insertion of a special item of Revenue and Appropriations uh for the 2024 Municipal budget pursuant to njsa 48 colon uh 4- 87 whereas njsa 484 d87 provides that the director of the division of local government services May approve the insertion of any special item of Revenue in the municipal budget when such item has been made available after the adoption of the budget and where I said director may also approved the insertion of an item of appropriation for equal amount now therefore be it resolved by the Board of Commissioners Township notle hereby request the division division of local government services to approve the insertion of the following items of Revenue in the calendar year 2024 Municipal budget the local Recreation Improvement Grant from 0 to 65,000 we had further resolved that a like sum be approved in appropr in the same budget again from the local Recreation Improvement uh Grant in the amount of 65,000 be it further resolved that notification of these budget changes will be made by the Chief Financial Officer to the director division local government services through the electronic submission program I move resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi that's all I have M thank you commissioner commissioner scarelli thank you mayor be resolved by the Board of Commissioners of the Township butley in the county of ESS state of New Jersey that the township Treasurer be and she is hereby the authorized to refund $50 to the blow listed resident for a municipal parking permit payment I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi this is a resolution authorizing the assertion of a special item of Revenue and Appropriations in the uh calendar year 2020 4 Municipal budget pursuant to njsa 4A 40-87 whereas njsa 4A 487 provides that the director of division of local government services May approve the insertion of any special item of Revenue in the municipal budget when such item has been made available after the adoption of the budget whereas the director may also approve the insertion of an item of appropriation for an equal amount they'll therefore be resolved by the board of commissioner Township of Nutley hereby request the director division of local government services to proove to approve the insertion of the following items of Revenue in the calendar year 2024 Municipal budget uh Grant from for Nutley safe roots to school 575,000 another Grant from the Department of uh transportation for coyman Avenue Improvement in the amount of $481,000 be approved and appropriated in the same budget being further resolve that the notification of these budget changes be made by the Chief Financial Officer to the director of the division of local government services through the electronic submission process I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly I whereas resolution 183-201 2nd 2024 to adverti for seal bids for the sore line camera Inspection Cleaning and re relining project in the township of Nutley and whereas the township received one bid proposal from Aral construction 51 pder Mill Ridge Road Kingston New York and said bid exceeded the budget for the project now therefore be resolved by the board of commissioner Township nley County of esan Jersey that the bid proposal submitted by Aral instruction be hereby rejected I move the resolution second commissioner Evans I commissioner Tui I commissioner scarelli hi commissioner PCO I mayor Kelly I be resolved by the board of the township of Nelly County Bic state of New Jersey that the Township Clerk is hereby authorized to advertise for seal bids for the sewer line camera Inspection Cleaning and riging project in the township Nutley to receive by the Board of Commissioners and the commission Chambers Township PA one Kennedy Drive Nutley New Jersey on Wednesday August 28 2024 at 11:00 a.m. prevailing time which time they will be open and read on resolution second commissioner Evans I commissioner Tui hi commissioner scarelli I commissioner PCO I mayor Kelly I where is bids for the 2024 coyman Avenue roadway Improvement project Bluefield Avenue to the Bloomfield border were received and open on Wednesday July 24th 2024 and whereas DNL paaver contractor 67 675 Franklin Avenue Nutley New Jersey was the lowest responsible bidder whereas the base bid for the 2024 coyman Avenue roadway Improvement project is in the amount of $52,400 for a total bid price of $52,400 whereas spunds are available from account number 40165 7299 the amount of $481,000 44 in the amount of $3,553 and have been certified that the chief finance officer said certification be attached to this resolution now therefore be resolved by the board of commissioner Township Nelly County B state New Jersey that a contract be awarded to DNL papers not to exceed $52,400 cents and that the mayor and the Township Clerk are hereby authorized to enter into and sign St contract for the township of monly I move the resolution second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi so I have mayor thank you uh commissioner commissioner PCO yeah yes this is a resolution authorizing the insertion of a special item of Revenue and Appropriations in the Cy 2024 Municipal budget pursuant to njsa 48 4- 87 working Commissioners offered and moved adoption of the following resolution whereas njsa 484871 such item has been available after adoption of the budget whereas the said director may also approve the insertion of the item of appropriation for equal amount and now therefore be resolved by Board of Commissioners tan Bley hereby request the director division of local government services to approve the insertion of the following items of Revenue in the 2024 Municipal budget this grant name is American Rescue firefighter Grant was 0 to 75 5,224 safe and secure Grant is um 45150 clicket or ticket 7,000 pedestrian crosswalk um safety enforcement which I will remind everyone please stop for your pedestrians more more people unfortunately are getting hit by cars and nutly than I've ever heard of before um that's from is up to 20,000 Municipal lines $932 27 be a further resolve that the a like sum be approved and be appropriate in the same budget for pretty much the same amounts be further resolve that the notification of these budget changes will be made by the Chief Financial Officer the director of division of local government services through to the electronic submission process I move it second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly hi would just like to Echo commissioner peto's sentiments about stopping for pedestrians I've seen people try to go around stopped cars for pedestrians uh and I've almost been hit myself a couple times in the crosswalk uh so please be mindful of pedestrians eye thank you mayor my next resolution I believe do you want to take over Mr Bruno commissioner we we do need we do have a need to go into Clos session it should not take very long prior to uh so can we leave meeting open and maybe vote on this tonight come back and vote Yes okay good thank you we're gonna hold this later okay that's all I have mayor we'll get through resolutions and meeting uh public comment portion and then we'll go into executive uh and come back and then we need further executive we'll go back uh so I guess that means I'm up I have uh resolution number whereas raffle Bingo applications have been received from the following organizations uh the Rotary Club of Nutley nutly Irish American Alliance Nutley Irish American Alliance good sheeper Academy home School Association good sheeper Academy home School Association good sheeper Academy home School Association uh these applications have been reviewed uh and approved by the municipal clerk and the police department uh for the dates listed herein uh now therefore it be resolved by the Board of Commissioners Township of Nelly County of essic state of New Jersey that the aformentioned licenses are hereby approved and the municipal clerk is hereby authorized to issue said licenses so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi uh the next one I have on for this evening is resolution number 20824 uh and when I made the uh step to hire internally a town Health officer something that we haven't done in over two decades uh part of the reasoning for that was that we'd be eligible for more Grant opportunity and uh this is to uh create an appropriation for about $250,000 worth of additional grants that we would not have received had we not had a health officer uh so uh without further Ado resolution authorizing the insertion of a special item of Revenue and Appropriations in the Cy 2024 Municipal budget pursuant to New Jersey statute annotated 40 Alpha uh col 4- 87 whereas New Jersey statute sanitate 40 Alpha col 487 provides that the director of the division of local government services May approve the insertion of any special item of Revenue in the municipal budget when such item has been made available for after the adoption of the budget where I said director may also approve the insertion of an item of appropriation of equ for equal amount and now therefore be resolved by the Board of Commissioners of the township of NY hereby request the director of division of local government services to approve the insertion of the following items of revenue for Cy 2024 Municipal budget uh Grant name strengthening local public health capacity 2025 from 0 to 74,0 664 sustaining local public health infrastructure Grant from $0 to $168,300 be a further res resolve that the like sum approved and be appropriated in the same budget for the strengthening local public health capacity Grant 2025 from 0 to $4,660.00 8,30 be a further resolved that the notification of these budget changes will be made by the Chief Financial Officer to the director of local to the director of division of local government services through the electronic submission process so moved second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO hi mayor Kelly uh the next one I have on for this evening is resolution number uh digital copying printing equipments uh I'm not going to read the the whole thing just the important parts uh whereas uh Leslie Digital Imaging LLC ldi color toolbox 50 Jericho Jericho Quadrangle Suite 115 Jericho New York uh has been awarded the state contract number a 44462 DG g-275 for reprographic equipment whereas the said Le incl includes a total monthly lease payment in the amount of $629 for the Department of Public Works uh 1,250 for the Department of Revenue and finance 286 for the department of public affairs and uh 286 for the Department of Revenue and finance uh and the P public safety department 572 for a period of 60 months which includes all parts supplies and maintenance and whereas further funds are available from accounts 4-05 d702 d206 and 4-01 d44 d206 and 4-01 d218 d206 and 4-01 204-206 and 401 d220 d206 and 401 32526 4-01 uh sorry n4- 01-10 206 have been certified by the Chief Financial Officer said certification being attached to this resolution now therefore it be further resolved by the Board of Commissioners of the township nut authorizes the execution of lease agreement with Leslie Digital Imaging LLC ldi color toolbox for the above color digital copier systems in accordance to the state contract number a 44462 g-275 so moved second commissioner Evans hi commissioner Tui hi commissioner scarpelli hi commissioner PCO hi mayor Kelly hi at this time we're going to open the meeting up to the public for any anyone who wishes to address the board Commissioners uh please state your name uh as you approach the microphone thank you good evening Commissioners and mayor on this day August 6th 44 years ago my dad passed away I'll always miss him and one thing I distinctly remember is that he was always proud of me he used to display my Straight a report card for the customers to see at his bar in the Ironbound norc I know that he would be proud of me today as I'm trying to help seniors over 65 who rent including myself to get a lower yearly rent increase of 2.5% rather than 5% I'm asking that the Commissioners will follow suit and simply do two steps the first is to have the Administrative Assistant post it publicly and then the commissioner vote a three out of five majority this will amend the ordinance other towns that have this amendment have graciously offered their wording which is as follows is under 27-9 permitted increase in any dwelling unit in which at least one tenant is 65 years of age or older the maximum annual permissible base rent increase is 2.5% of the base rent subject to the requirement to notify the tenant consistent with state law so I'm asking you to please do that thank you Janice rubal would would you be able to provide the that language to the clerk absolutely and uh we haven't forgotten about you we know you came here uh last month um myself the town attorney have had a a sorry so so uh myself in the town attorney have had a uh telephone conference with the rent leveling board attorney uh he's doing his due diligence and preparing legal memorandum for the entire Board of Commissioners and so once that process is completed we'll be able to to review that and uh take further action as appropriate thank you finally good evening everyone I'm here U my name is Patty little and I'm here to Second Genesis do you want me to call I'm here to Second it okay and I also have something I'd like to address to the commissioner petaka I'm not quite sure if this is the appropriate setting but I saw something on TV uh has nothing to do with any um ordinances anything like that however I think it does apply uh there's a Mr reneer gracii who is like the alltime greatest Jujitsu person um Mr reneer grai he was some kind of champion in guito in the world he uh because of all the controversy regarding the sming of many people by police departments Etc he invented something called safe SF rap w a p i bring it to your attention in the event that maybe it might be something for the police the EMTs anybody else who may be required to use Force um so I'm only bringing that up so that you know about it I didn't write you a letter i I appreciate that and our our officers are really trained sometimes it it's starting to become to the point where they're training more than they're working that there's so many you know things that the state of New Jersey puts on us and um you know I'm not a fan of you know police brutality and that kind of thing so however we could apprehend somebody you know safely for everybody is great but if things keep going the way they are in New Jersey pretty soon the cops are not going to have any powers because the way they can't chase cars now and they can't um you know the new bail reform also so I think what we have to do and and again I appreciate you coming to the mic that's very nice of you and again I don't app anything to do with any bullying of any sort but however I I will state this as well tonight if you get a chance to petition your legislators you know if a cop if a cop is now chasing a stolen car unless it's a felon you know very serious crime and once they turn the lights on if that person decides to run do you know that the police officer has to turn down the side street to get away from that person it's getting ridiculous the law and then every night and Nutley not every night because it's been much better but for a long time we've had a rash of burglaries and these are quality of life issues that we don't want to see here in Nutley because you know we pay a premium to live in in a great town right and and you as a renter also however we arrest these kids every night and 10 15 20 minutes they're out they're out of our our hands and set free so I appreciate you coming up here and I will definitely talk to the chief but please everybody who's listening in tonight or all or you all you kind people out there please start contacting Murphy's office because if it continues the way it is it's going to be lovelessness here you know because it's it's it's it's becoming very very difficult for a cop to be a cop and we're having um an executive session based on how we're hiring cops tonight because we can't even get people that want to be cops anymore that's how hard that their job is is becoming so whatever you could do to help me I would appreciate that also okay this particular um thing that was demonstrated on television uh does protect the officers who may be involved in needing to take someone down and it may not even be a uh what do you call them now perpetrators actors it may not be a bad guy it may be a person who needs to be subdued in order to be taken to the hospital something like that it would protect the EMP we we do we just so you know too um we do you know for mental if there's a patient or a person that has mental illness got forbid um we do training how to handle them and we also do autis for autism people any people have autism which our police officers are trained and qualified to handle that because years ago that was a sin right if somebody had mental illness or especially when autism was first coming out you know the cops weren't familiar with it and Ne was any of us and you know those people that couldn't control their feelings or their movements and arms you know they got punished quite frankly so you know we've come a long way it is 2024 and hopefully we don't we only see the good stuff on the news not only the bad stuff in the future okay but thank you but thank you guys I'm sorry thank you Commissioners okay and again I Second Genesis motion thank you ma'am anyone else wish to be heard this evening uh seeing none uh we're going to go into a brief executive session uh to for uh contract negotiations contract negotiations and we'll come back out and conduct further business after this uh so stay tuned uh Madam clerk I need a motion whereas Section 8 of the open public meeting act chapter 231 Public Law 1975 permits the exclusion of the public for meeting in certain circumstances and whereas the public is the whereas the public body is of the opinion that such circumstances exist and whereas the Board of Commissioners of the township of Nutley in the county of essics and state of New Jersey desires to proceed to Clos executive session now therefore be resolved by the Board of Commissioners of the township of nutly move into Clos executive session to discuss contract negotiations be a 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 not Le pending Andor anticipated legal Personnel contractual matters and other matters within the exception provided for by Statute this resolution shall take effect immediately commissioner Evans hi commissioner Tucci hi commissioner scarelli hi commissioner Petco hi mayor Kelly hi the time is now 7:40 by e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e we're we're on right we're we're back on the record it's uh 826 uh and we have a resolution by commissioner pako yes thank you mayor this is um resolution 210- 24 just a a brief summary of what this is this is um what civil servic is now offering up as a way to attract cops to um our community um through the Civil Service um practices although there is stipulations in here so we talked about it in the executive for quite a while with the mayor and Board of Commissioners and I am going to pass it as written Gotta Move commissioner Evans I as ridden commissioner Tui hi commissioner scarelli commissioner PCO before I vote I just like to thank the Board of Commissioners and all the interest they shown tonight it is very um difficult to get a track cops to any of these towns but what's going on in this country cops are villainized I know you're probably getting tired of me saying that but it is very very difficult to get cops to any towns including ours and um we're hoping that this resolution will help indeed get some um value out of that so I just want to thank the Board of Commissioners and the mayor for listening and I vote I mayor Kelly I and uh I don't think we have any more business on for this evening but I I think we do need uh an executive session for contract negotiation and litigation anything else I'll take a motion for an exec session second whereas Section 8 of the open public meeting act chapter 231 Public Law 1975 permits the exclusion of the public for meeting in certain circumstances and where is the public body is of the opinion that such circumstances exist and where is the Board of Commissioners of the township of Nutley and the county of Essex and state of New Jersey desires to proceed to Clos executive session now for their uh I'm sorry now therefore be it resolved by the Board of Commissioners of the township of Nutley mooving to close executive session to discuss contract negotiations and litigation be a further resolve at the time when such discussion may be disclosed to the public shall be when and as such disclosure may be made without adversely affecting the township of Nutley pending Andor anticipated legal Personnel contractual matters and other matters within the exception provided for by Statute this resolution shall take effect immediately commissioner Evans hi commissioner Tui I commissioner scarelli hi commissioner Petco hi mayor Kelly hi and uh we don't have any more business this evening so I'll entertain a motion to adjourn move it second second commissioner Evans hi commissioner Tui hi commissioner scarelli hi commissioner PCO I mayor Kelly I the time is 8:28