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He was >> Please stand for the flag salute to the republic stands oney justice for all. Thank you. Sunshine notice, madam clerk. >> Thank you, mayor. Board of Commissioners public meeting agenda for Tuesday, July 21st, 2026. The time is now 7:04.

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Pursuant to the requirements of the open public meeting act, chapter 231, public law 1975. Notice of this meeting was published in the November 20th, 2025 issue of the Nutly Sun, the Herald News, and the Star Ledger. A copy of this notice has been posted on the NLY town hall bulletin board and a copy is on

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file in the municipal clerk's office. Commissioner Evans >> here. >> Commissioner Tushi >> here. >> Commissioner Scarpelli >> here. >> Commissioner Petraco >> here. >> Mayor Kelly >> present. >> All present. Mayor, >> thank you.

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>> Uh minutes please. Yes, we have order of commissioner meeting minutes for June 16, 2026. >> Move it. >> Second. >> Commissioner Evans. >> Hi, >> Commissioner Tui. >> I >> Commissioner Scorpell. >> Hi. >> Commissioner Pat.

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>> Mayor Kelly. >> I We have no executive session minutes and proclamations communications, please. >> Yes. Thank you, Mayor. We have uh three three communications this evening. Um we have an event application for Hol Holy Family Church. They're having their 35th

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annual Italian festival at Holy Family Church uh Thursday, September 24th through September 27, 2026. We have an event application for the Underground Skate Shop. Uh and they will be holding their event on Capola Street on

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Saturday, August 15, 2026 from 1 PM to 5:00 pm. And the ro the Nutley Rotary Club has submitted a Sunday letter permission to hold a 50/50 cash raffle at 325 Franklin Avenue on Sunday, September 13, 2026 with a rain date of

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September 27th. Move to >> approve it. Second. >> Commissioner Evans. Hi. >> Commissioner Tui. >> Hi. >> Commissioner Scarpelli. Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. Communications. >> Thank you. Uh, reports. I see we have a

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report uh from public safety commissioner Petraco. >> Yep. Yeah. For our public safety report. Thank you. >> Uh, moving on to bills, please, Madam Clerk. >> Thank you. Bill list for July 21st, 2026. Public affairs, $12,147.91. Revenue and finance 3,311,44166.

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Public safety $72,4914. Public works 69,743.87. Parks and public property $155,450.97. Water and sewer utility 1,387,82430. Payroll sheet as of Friday, July 2nd, 2025.

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Regular payroll total 1,11,26644. Overtime payroll total $51,62.35. Dispatcher retro payroll total $12,4518. That was for July 7th. Then the July 9th for the dispatchers uh retro payroll total is $35,732.95.

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Total payroll 1,200,466.92 for a grand total of $6,299,5667. >> Move the bills. >> Second. >> Commissioner Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. Mayor Kelly. >> I >> That's it for bills.

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>> At this time, we'll have public comment on agenda items only. This is public comment on agenda items only. If you wish to be heard on agenda items only, please approach the microphone and state your name for the record, please. Seeing none, I will move on to board commissioner announcements. Commissioner Evans.

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>> Yes. Today, uh DMV was here for motor vehicle inspections. Uh it was a busy day. A lot of cars showed up. Uh the storm cut into the the work time for a little bit because they had to leave a little bit early. Uh the governor uh

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sent all state workers home at 2:00. Uh so they had to leave by by 1:30, but in the course of the day, they they actually were able to meet the needs of almost 100 cars. A very successful day, and they'll be here again next month.

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>> Excellent. Thank you, Commissioner. Commissioner Tucci. Yes. Uh tomorrow night uh from 7 to 9, weather permitting, at Glattsback Park, we will have our third concert uh which will be presented by White Horse, which is a

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country band, uh who will be bringing Chris Stapleton to Nutley. They're a cover band that from what I understand does an outstanding job, and we're looking forward to hearing them. That's all I have. Mayor, >> thank you. Uh Commissioner Scarpelli, >> nothing tonight. Mayor,

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>> thank you. Uh, Commissioner Tucci or sorry, Commissioner Petra. >> Thank you, Mayor. I just I just um was glancing through our um monthly report of public safety and I urge people to really um take a look at this because

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you know our are our our the thing that public safety do you know with these responses this the calls for service in public safety 7,954 I'm happy to report no serious crimes aggravated assaults

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homicides thank god had nothing. Um, you know, and do we, you know, we had only one um, motor vehicle theft. So, you know, I just like to thank, you know, the police, fire, EMTs because it sure is a lot different from when I took over

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almost 20 years ago um, to today. They are very active there. And lastly, I just want to mention the pedestrian crosswalks. Um, again, as pedestrians, let's help ourselves to a certain degree, too. You know, I can't I know my

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fellow commissioner uh Scarpell is up early in the morning in the dark sometimes and sees people um you know exercising, walking, you know, around town with black clothing on. You know, I notice I'm not up that early, but I

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notice it a lot um at night, too. You know, where where are some type of reflectors? Um, just a uh FYI, that sun glare on Center Street by the diner over there is

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unreal. I've traveled that road, you know, on um sunsets. It is so glaring. Don't assume that people could see you because they can't, you know, even though you have a right away as a pedestrian, you know, please look both ways. Make sure the cars are stopping.

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Just don't walk out, you know. help yourself, you know, and you know, with the bikes, these motorbikes, and I know they're starting to change some laws of that, like before you step out, you got to make sure you don't get hit by a kid on a a little motor speed bike today. So, there's a a lot of obstacles, a

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little more traffic. So, you know, again, you know, please help yourself out there. Thank you. >> Thank you, Commissioner. And uh from the uh public affairs and health department mayor's office, just one announcement regarding the rescheduling of the

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fireworks. We don't have a date confirmed yet. Uh it will be in September though. We're just navigating the busy fall schedule. We should have a confirmed date by next meeting though. >> Thank you. Um we have ordinance one ordinance on

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introduction. Uh Commissioner Petraco. >> Yes. Thank you. This is ordinance number 3619. This is an ordinance for um a handicap spot. An ordinance to amend an ordinance codified in the code of the township and chapter 228 entitled vehicles and traffic particularly

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article 7 special zones and areas section 29 titled handicap park and to add to the location Seth thereon. This is for um 115 Wilson. I move that this ordinance passed to a second reading and posted on the township website nutlyj.org. org

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public notices together with the notice required by law and the further consideration of set ordinance for final passage by the board of commissioners be held at its second reading I believe is >> August 4th >> August 4th August 4th I move it >> second >> commissioner Evans >> I

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>> commissioner Tucci >> I commissioner Scarpelli >> hi >> commissioner Petraco >> hi >> Mayor Kelly >> I that's all I have thank you >> thank you commissioner we have no more ordinances for introduction no ordinances on second reading Moving to resolutions. Commissioner Evans.

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>> Thank you, Mayor. Whereas the township of Nelly has a need for a consultant to advise the township on special matters, including but not limited to allowable uses, compliance, and procedural issues involving the township's award of the American Rescue Plan funds uh through a

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non-fair and open process pursuant to NJSA48 11-5. And whereas NW Financial, the LLC located on Broad Street in Bloomfield, has submitted a proposal to provide these services in an hourly rate of

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$200, not to exceed $3,000, which can be paid by ARP funds as an allowable use. Whereas the term of the contract is for 12 months beginning January 1, 2026 through December 31st, 2026. and funds are available from account 601208205

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which have been certified by the chief financial officer of the township and and whereas NW Financial has completed and submitted a business entity disclosure certification which certifies that the firm has not made any disqualifying reportable contributions to a political candidate or candidate

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committee in the township in the previous one year that would violate either NJSA1944A20.5 or the township's local uh unit pay to play ordinance adopted by referendum or any and all relevant executive orders or

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the uh New Jersey State Election Enforcement Commission disclosure requirements and that the contract will bar NW Financial from making any reportable contributions through the term of the uh contract. Now there be resolved by the board of commissioners

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of the township of Nelly County of Essex uh that the mayor and municipal clerk are hereby authorized to execute seal and deliver a professional service contract for NW Financial Group pursuant to the non-fair and open process in accordance with the provisions of NJSA481.5

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and an hourly rate of $200 not to exceed $3,000 for a one-year term uh ending uh December 31st uh 2026 be it further resolved that the business disclosure entity certification and the business entity disclosure of campaign

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contributions shall be placed on file with this resolution and that a copy of this resolution shall be published as required by law within 10 days of its passage. So move >> second. >> Commissioner >> hi. >> Commissioner Tucci >> I >> Commissioner Scarpelli.

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>> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> I. Whereas the township has a need to acquire the services of a professional real estate appraisal firm to assist in conducting field inspections to ensure the capture of added assessments arising from recent and ongoing construction

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activity throughout the township of Nelly is a non-fair and open contract pursuant to the provisions of NJSA 40194A. 20.5 and whereas the appraisal system inc 139 Harrison road sweet 103 Glenrock

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New Jersey has submitted a sk a fee schedule for providing such services the total of which is not to exceed $5,000 whereas uh the anticipated term of the contract is 12 months from July uh 1 2026 through June 30th 2027 whereas

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funds are available in account 601204 205 and have been certified by the chief Financial officer said certification attached to this resolution. Whereas appraisal assistance has completed and submitted the business center disclosure certification which certifies that they have not made any reportable

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disqualifying contributions to a public or candidate committee in the township of Nelly in the previous one year and that the contract will prohibit them from making any reportable contributions through the term of the contract. Whereas the business entity disclosure, certification and determination

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determination of value is to be placed on file with this resolution now therefore be resolved by the board of commissioners of township of Nelly County of Essex which author authorizes the mayor uh and clerk to enter into a contract with uh appraisal systems as uh

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laid out in the resolution. So move >> second. >> Commissioner Evans. >> Hi. >> Commissioner Tui >> I >> Commissioner Scarpelli. >> Hi. Commissioner Petrole. >> Hi, >> Mayor Kelly. >> I >> be resolved by the board of commissioners of the township of Mil County of Essex State, New Jersey that

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the treasurer be and is hereby authorized to refund escrow monies for land use application uh in the amount of $1,76 for lot 7604 lot uh block 7604 lot 21 uh

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percent amount. So move >> second. >> Commissioner Evans. >> Hi. >> Commissioner Tucci. Hi, >> Commissioner Scarpel. >> Hi, >> Commissioner Patron. >> Mayor Kelly, >> I >> thank you, Mayor. >> Thank you, Commissioner. Commissioner Tucci.

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>> Yes. Thank you, Mayor. Whereas the township's office of of information technology has the need to renew Barracuda spam filter software subscriptions for advanced email protection, Sonic Wall, SMA virtual appliance software support, and DUO

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essentials renewal for multiffactor authentication. And whereas the township utilizes the Barracuda spam filter to safeguard township systems against spyware, ransomware, malicious code transmitted via email, blocking over 1 million fraudulent emails per month. And

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the Sonic Wall SMA with Duo Essentials for security connectivity and to maintain compliance. And whereas Ocean Computer Group 90 Madawan Road, Sweet 105, Madawan, New Jersey, has submitted three proposals for annual software licensing and support services as

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follow. Barracuda software assurance up to 278 users in the amount of $26,50.94 for the term July 28, 2022 through July 31st, 2027. Two, Sonic wall support for the SMA

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appliance in the amount of 205 and 12 cents for the term July 28, 2026 through July 27, 2027. And last, Duo Essential 38 licenses in the amount of $1,28744 a 12-month renewal for the term July 28,

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2026 through July 27, 2027. Whereas the combined total for the three proposals is $29,53.50. And whereas Ocean Computer Group has completed and submitted a business entity disclosure certification which certifies that they have not made any reportable contributions to a political

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or candidate committee in the township of Nutley in the previous one year and that the contract will prohibit them from making any reportable contributions through the term of the contract and whereas funds are available from OIT operating account 6-01518234

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and have been certified by the chief financial officer said certification being attached to this resolution. Now therefore be it resolved that the board of commissioners of township of Nutley authorizes the mayor and township clerk to enter into a contract with ocean computer for the renewal of the barracuda spam filter for advanced email

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protection sonic will support on the SMA and DUP essentials for MFA for the township be further resolved that the business disclosure entity certification and the determination of value will be placed on file with this resolution. I move the resolution. >> Second. >> Commissioner Evans

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>> I. >> Commissioner Tucci. Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> I >> Whereas the Department of Parks and Public Properties, Townsville Nutley has a need to renovate the public safety fire truck garage. And whereas two quotes were received, lowest quote was

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received from approved construction LLC in the amount of $49,500, which is below the township bid threshold. And whereas funds are available from account C-0455186410 ordinance number 3555 and have been certified by the chief financial officer said certification being attached to

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this resolution now therefore be resolved with the board of commissioners of township of Nley County of Essex state of New Jersey that approved construction LLC 122 Orton Road West Cwell be awarded a contract to renovate the public safety fire truck garage. This renovation will correct some

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serious flooding problems that we have due to age and cracks in the cement floor. And hopefully when this is done, we'll be protecting all of our infrastructure in the basement. So moved. >> Second. >> Commissioner Evans. >> Hi. >> Commissioner Chiffy. >> Hi.

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>> Commissioner Scorpel. >> Hi. >> Commissioner Vronco. >> I vote yes. And I just like to thank you. >> Mayor Kelly. >> Hi. Whereas the Department of Parks and Public Property determined due to unforeseen circumstances, families had to cancel participation in programs

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offered. And whereas the Department of Parks and Public Property has determined the need to refund families. Now, therefore, be it resolved by the Board of Commissioners, Township of Nutle County of Essex, State of New Jersey, that the treasurer be and is hereby authorized to refund payments for recreation programs and the amounts

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listed below. for our neighbors at 113 East Center Street, apartment number 3102 for our Camp Nelley program in the amount of $900 for year 2026. I move the resolution. >> Second. >> Commissioner Evans. >> Hi. >> Commissioner Juice. >> Hi.

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>> Commissioner Scarpel. >> Hi. >> Commissioner. >> Mayor Kelly. >> I. >> Whereas Townshipville Nutley is undertaking renovation to the commission chambers and requires the purchase and installation of video monitor displays as part of the renovation project. And whereas SHI International Corp 290

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Davidson Avenue, Somerset, New Jersey, has submitted a proposal for the video monitor, displays, related equipment, and installation services in the total amount of 36,8838 cents. And whereas the township has determined that the purchase and installations are necessary to improve

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the audiovisisual capabilities and functionality of the commission chambers. And whereas funds are available from capital account C-04553641 and have been certified by the chief financial officer said certification being attached to this resolution. Now therefore be it resolved by the board of

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commissioners of the township of Nley County of Essex State of New Jersey that the purchase of video monitor displays related equipment and installation services from SHI International Corp is hereby authorized and an amount not to exceed 36,8838. I move the resolution.

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>> Second. >> Commissioner Evans. >> Hi. >> Commissioner Tucci. >> I. >> Commissioner Scarpell. >> I. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> I. >> That's all I have. Mayor, thank you. >> Thank you, Commissioner. Commissioner Scarpelli. >> Thank you, Mayor. Whereas bids for the

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2024 Essex County Community Development Flock Grant, uh, CDBG, uh, Franklin Avenue streetscape project, Chestnut Street, the Booth Tribe, were received and publicly opened on September 10th, 2025. Whereas AA BMS PO Box 180 Belleville, New Jersey was the lowest

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responsible bidder. Whereas the base bid for the 2024 CDBG Franklin Avenue streetscape project was in the amount of $253,86.30. Whereas the township was awarded funding from the Essex County Community Development Block Grant Program in

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amount of $295,735 for the Franklin Avenue street project. Whereas by prior resolution, the board of commissioners awarded the contracts to AA Burns in the amount of $253,86.30 and the availability of the funds was certified by the chief financial

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officer. Whereas change order number one in the amount of $37,990.14 has been recommended approved increasing the total contract amount from $25353,86.30 30 200 to $291,7644 and funds have been certified by the chief financial officer from account

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number G2404125 said certification be attached to this resolution whereas the revised contract amount of $291,7641 remains within the total grant award provided by the Essex County Community Development Clock Grant Program. Now therefore be resolved by the board of

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commissioners town penelli county of Essex state of New Jersey that change order number one attached here too is hereby approved increasing the contract with AA BMS for the 2024 Essex County Community Development Block Grant Franklin Avenue streetscape project to a

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total contract amount of $291,764. Be it further resolve resolved that the mayor and Natasha clerk be hereby authorized to execute all documents necessary to effectuate change order number one on behalf of the town penelli subject to all applicable requirements in the approval funding of the Essex

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County devel community development blocker program. I move the resolution second. >> Commissioner Evans >> I. >> Commissioner Tucci >> I. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly >> I. That's all I have. Mayor, >> thank you. And Commissioner Petco, I see

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you have no resolutions on for this evening. >> No. >> Thank you. I just have one. This is resolution number 18226. Whereas raffle license applications have been received from the following organizations. Nutly parent advocacy network uh Friday,

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October 2nd, a 50/50 cash raffle. Netly Parent Advocacy Network also on Friday, October 2nd for an on-remise merchandise raffle. Nelly High School PTO Saturday, October 24th. both a 50/50 and an on-remise merchandise raffle and the

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Rotary Club of Nutly 50/50 cash raffle on Sunday, September 13th. Whereas the applications have been reviewed and approved by by the municipal clerk and the police department now therefore be resolved by the board of commissioners of the township of Nley County of Essex, state of New Jersey that the aforementioned licenses are hereby approved and the municipal clerk is

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authorized to issue said licenses. So moved. >> Second. >> I commissioner Tucci. >> Hi. >> Commissioner Scarpel. >> Hi. >> Commissioner Patraco. >> Hi. Mayor Kelly. >> I at this time uh we will open up the

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meeting to any members of the public who wish to be heard. You may address the board of commissioners on any issue affecting the community. Please approach the microphone and state your name for the record. >> It's me again. Hi, Trish Mleski of 613 and um obviously a Nutley and just like

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you commissioners, I love my town and so I'm here to follow up with some questions relating to the proposed development um on Kingsland Street in the data center and at the last meeting you all stated that there were no applications that have been filed with

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respect to the data center. So, I just want to make sure we're using the right language and that I understand exactly what you're saying. So, I read the settlement agreement as well as the redevelopment plan. And in the um in the settlement agreement, it specifically

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says that prior to submission of a site plan application for a data center, the developer will present to the township a final proposed data concept plan and blah blah blah. Has any of that happened yet?

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>> No. >> So, have they filed an intent to de to develop that land? >> No. The Well, they do intend to develop the land. They have not >> filed the formal intention. >> Right. I'm as far as I'm aware, Mr.

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Bruno can correct me if I'm if I'm wrong >> because that's in the timeline of the settlement plan on I believe it's um section 16. >> Yes. Thank you. and and uh we we do have uh outside redevelopment council and I'm

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sure they will be attending a future meeting. I'm I'm certainly not looking to punt uh on this, but but I definitely want you to get the right information and there's a reason that I'm not going to go into on the record that I can't speak to this as much as I would like.

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It's not to to keep anything from you, but there is a reason that we do have outside counsel. I I would be happy to engage them and connect them to share some information. The mayor's correct there has been no formal application

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filed. Uh there there may have been a concept plan sort of like a back of the napkin >> more than a back of a napkin. If you look at the exhibit that was um as part of the settlement agreement, it looks pretty formal. That that's the that's the back of the napkin that I'm

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>> Yeah, it's a little more than a back of a napkin, >> but that that is not based on any specific applicant. That is not anything that has been uh submitted in the sense that there's there's nothing pending right now regarding the the

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building of a of a data center. It is certainly an approved use. It is certainly uh something that could be built, but there there has there has not been anything uh formal in terms of an application. >> And have they filed for a tax abatement

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plan yet? >> There there there was uh a a negotiation surrounding that >> which is redacted in the documents I received from an Oprah request. Is there a reason why it was redacted? again and

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and I promise you this is not uh you know anybody trying to keep anything from you. I I would love to engage you and and connect you with outside counsel so that we can >> Can you make that happen? >> Certainly. And and you could feel free to contact me and any information we can

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sh we could share we will. >> Oh, that'd be great. And so at this point you're saying nothing formal has been filed yet. There's been no conversations with the commissioners with respect to, you know, filing that formal final proposed data center at this point.

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>> Correct. The the only thing that the I shouldn't say the only thing that the the settlement agreement did, but one of the things that the settlement agreement did was create the for that zone a as a permitted use the possibility [snorts] to build a data center on that site. The

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developer has not come to us with a plan or application at this time. uh but that as I said in the last meeting and and meetings prior to that that is a permitted use in that zone. Uh so it it is possible for the developer to come to us with an application for a data center.

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>> So according to the either the settlement or the redevelopment plan, there's 30 days the commissioners have to respond once the developer files their intent and that's again reading all these documents. So my question is how will we the public know that that

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has occurred? So none of that has been triggered at this time. Nothing nothing's been triggered. Uh so when we know when our council lets us know that they because this is done through council. So when they let us know, we can certainly inform the public as to when we've

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received an application. >> So how will that occur? Like what's the process? I'm just trying to learn here. Uh so we can make an announcement at at any board of commissioner meeting or uh for this to go when this goes before the planning board. There will be official

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notices on the town website as required by law. >> But it has to go according to this to the commissioners first before it goes to the planning board. That's the way the documents read, >> right? So >> so I don't want to hear about it. I want to hear before it goes to the planning board because that means you have

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received it. You being the commissioners. So sometimes some of these things are simultaneously occurring. They're not occurring in a vacuum. So we're getting the notice uh as it's going to the planning board to be set up for a hearing. Uh I can't uh I

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can't control how they work their end of the process. Uh but what I can do what I can do is control how we disseminate information. And we're not trying to hide the ball here. As we get information, we we'll gladly share that with you when we can. Well, one of the things that was effective

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that I thought I would point out was that when you sent out your mayor's notice and you sent that out via social media and tap into Nutley, that was quite effective, right? That was a way to communicate with the general public in Nutley. So, you might consider that in addition to the formal notices of

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board of commissioners meetings and things of that nature. Certainly, and we work with uh our our PR firm regularly on all sorts of announcements, not just pertaining to uh things that like an event like tomorrow night that

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Commissioner Tucci has, but also uh just general information that the public needs to be aware of. And so, our PR firm does engage in that kind of uh announcements and and dialogue with the public. >> So, it's fair to say that this is something that the public would need to

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be aware of, right? So, you would use your PR firm to make sure we're notified. >> Yes. >> Okay. All right. I will have more follow-up questions, but not today. Time's up. >> Thank you. >> Hi, good evening. uh Laura Valente um uh

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Plymouth Road here in Netley. Um so uh I was not at the last meeting but I did watch the whole thing um online and I was struck by um something that was repeated over and over which was that

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there wasn't really a reason to um uh put out comprehensive information to the public yet to have a town hall meeting or anything like that because a formal application has not been filed.

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Um, but the absence of a a formal application doesn't preclude the town's ability or its obligation to keep residents informed about the status of the negotiations

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and the context that surrounds the negotiations. In other words, um to Trisha's point, we want to know as it's happening, not after it has happened. And it appears that you're saying that

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until you have a final decision, something definitive to tell us about, there's nothing to tell us. Um and I would beg to differ. Um in these meetings we have um learned things in um

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in response to direct questions. Um but it feels like we have to know exactly what question to ask in order to get the information rather than it being sort of offered um to us. So, while you're answering questions for the few people

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who come to these meetings, you've also said repeatedly that residents should not listen to what's on Facebook or is communicated by anyone other than representatives of the town. But as you're not distributing the information

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in a comprehensive manner to a wide audience, we the concerned citizens are going to have to do that. So, we'll do our best to give our neighbors accurate information um that has been gained

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through us attending these small meetings, using Opal requests, etc. But wouldn't you rather give the rest of the town the information yourself? I mean, [snorts] you don't want people going on Facebook to find the information out,

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but I don't have any other way of getting that out there, right? So, I'm going to take the notes and offer them to the residents if you guys aren't going to. And I admittedly don't know

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everything you do. So, but I I will give as much as I know. Um, so the only truly public communication that's out there right now is that banner that was hung by the developers, which has misled many

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people. Um, and so I would think you'd want to combat that misleading information with genuine, legitimate, vetted information, you know, that's accurate. So, um, we already know that there have been a

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num number of elements of the potential data center. You know, you've you've shared some of that, but there's much more. Um, so, for example, you've told us that you're dealing with some experts. Um, we would love to know who are those experts, their names, their

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firms. Um, we'll look things up like what what are their what are their bonafites? What makes them an expert and what are they experts in? Are they experts in urban planning or climate and environmental concerns? Um, you know,

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legal issues. We would love to know what who these experts are. Um, we'd love to know the nature of the agreements you have with them. Um, do they have to attend a certain amount of meetings? Are they meeting directly with the developer or do they just meet with you and you

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give them information that you've had? And, you know, we don't know, we don't know what our taxpayer dollars are paying for for these agreements um, with these experts. We don't know um if the zoning approval includes any specific

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limits on size, sound levels, amount of energy usage, exterior lighting, etc. So, I'm not asking whether the developer has already asked for something. Apparently, there has not been a formal uh request. And I'm not asking if variances are allowed. What I'm asking

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for is currently currently are there any limits um to what it could be? Like they say it's going to be 65 watts. That's what their banner says. Is that permitted? Is 100 watts permitted? Right now there's no data center in the state

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of New Jersey that exists that is 65 watts. This megawws, sorry. Um, if this if this were to happen at 65 megawatts, it would be right now the largest in the state of New Jersey. Now, there's one being built

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that would be larger than that. It does not exist yet. This one would be larger than anything that exists in New Jersey today according to their banner. Um, we were told that the although the settlement doesn't articulate health and safety criteria, all projects have to

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exist within current um health and safety laws. But I assume, but you guys could confirm that quality of life issues are not contained within health and safety laws. So if something if they propose

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something that would have a detrimental effect on quality of life, we can't use those health and safety laws to block it as I'm as I understand things. But again, you would do better at explaining whether my understanding

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is right. Um, we were told that your priority I'm I I'm almost done. I promise. We were told that your priority is that residents will be safe and can enjoy their property, but we'd like to know in what way are you gathering the opinion of the residents. Are you going

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to do a survey? Are you going to have in-person meetings? Personally, I'd rather see the um the density projects that Commissioner Petraco was talking about um last uh last meeting. I would personally rather see those so that we

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could start to meet some of our affordable housing obligations. Other people might feel the same as me, but I don't know. And I don't think you know because you haven't surveyed us um to find out what the what the town thinks.

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Um, you said that there are three or four approved uses for that land. What are they? What are those three or four uses? I I get that data center one and from Commissioner Petraco's comment last

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time, I guess housing, residential is a second. I don't know. Um, it's not. I'm seeing no. Then what? >> Not now. It's not. >> So then I don't know why you use density as the option. Look,

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let me start with this. Like I said at the last meeting, we live here, too, right? All of us. And there's nobody trying to hide anything. Like our our town attorney said, you know, their lawyers are going back and forth, you know, and there's things that were, you

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know, that they talk about and we're not allowed to talk about publicly, but there's no there's nothing hitting about this. I mean, there's a settlement agreement. You have it, right? He wants to put a data center there. There's a sign on the the fence. I mean, I don't

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know what the big secret is as far as that. He wants to do that. But with that being said, and most of us have been on this board for 20 years and have working, you know, with Gan Diaz and Prism for the last 18 years, Jean

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changes his mind a lot, too. I mean, there was, you know, other uses before. There was a truck terminal that he wanted to put there. So this goes around and round you know and and like the mayor said until we have an application

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I mean the repurposing that site was not an easy task and it goes back and forth a lot of negotiations the markets change on what the uses are a lot of New Jersey the data centers have been a hot topic when this was first proposed to me and

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I'll speak for myself this data centers seemed like a good use there was not a lot of information on them the last couple years now or last year. Yeah, there's information, you know, is there has there been enough studies done to these data centers to prove how harmful

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they are? You know, we're we're not kids anymore. I mean, you know, it was it was good to eat fish for a while. Now there's too much mercury, so things changed, >> right? But I I just want to be perfectly honest because myself and the mayor sit

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on the redevelopment and we've been in meetings with with with Jean and Prism and their and their team. There's not anything underhanded or something that we don't want to say. There's a sign on the fence. You know, we live here. We don't want to

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harm anybody. I have kids here. I have, you know, my whole family's here. All my friends, you know, we lived in Nutly our whole life, too. So, we're not looking to, you know, the information you have in the settlement agreement. You you did an excellent job, Trish. So, you know, reading that, you know, we read it, too.

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And, you know, we have the town's best interest in hand. And like I said at the last meeting, maybe an option is residential there if there's a big public out five. >> But that's what I'm trying to that's what you said last time, but now you said it's not. So, what are the >> you said three or four approved

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>> zoned for that? What my what >> it's not zoned but a data set wasn't zoned two or two years ago either. >> Okay. But my understanding is that the settlement agreement approved zoning for to use the words that were used here three or four uses of which one is a

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data center. What are the other ones? >> I I'm not sure off the top of my head that all that information would be in the it would be in the settlement. I can give it to you. Uh permitted principal uses data centers, offices, senior and assisted living,

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scientific laboratories, research laboratories, pilot plants, clinical laboratories, self- storage, infrastructure, utility facilities, active and passive recreation and open space areas, structured and surface parking, driveways, and public and

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private roadways. Those are the I don't know. >> Okay, so there's about 10 of them. one is residential. The the senior assisted living is the is the one residential. Okay. So, um that's, you know, that's good information. Um

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>> I do I do want to jump in. >> Yeah. So, I I do want to jump in >> public if we opra it. >> No, no, it's on the website. >> Okay. The settlement is >> no settlement is but the the development plan is that they set out.

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We are being I I don't want to seem like we're trying to hide the ball here. We're being as forthcoming as possible. Uh and to Commissioner Petrao's point, we did meet with the developer. It was one meeting and a number of different uses were discussed for that site. So, it's not just that it was just the data

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center. Uh but I do want to be clear that how we got here is through litigation and how we got to the settlement agreement is through litigation. And so we don't want to try and take steps back by speaking out of turn and saying something that isn't

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true or is speculation on our part. So we have to stick to the facts and what the developer has publicly told us and told the the community. Uh as far as the the sign there uh that is part it's part of his advertisement. He's trying to

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entice a client to hey you have a we have a need for a data center. have a space for it. Let's get together so we can fund this. Uh when he says it it's zoning approved, it doesn't mean that the the project is approved. It means that the underlying zoning to enable a

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project is is available. Uh as to the experts, you you mentioned you want to know who our experts are. We have Fran Reiner. And when I say we have these experts, they're not just on this one project. They are our experts for all development going on in the town. So we have Fran Reiner from Far Planning. He's

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our our our planner. Uh we have uh Josh Sinsky who an attorney from Otul Scrieo. He's our redevelopment council along with uh Derek Orth uh from Inguacino Wikiscala and there's a lot of other

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names on that one but Derek Derek Orth is also our redevelopment council there and they have uh retained some additional experts in the realm of this the expertise that would be underlying a project like this. We are

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not at this time able to say those names because they are protected under the attorney client privilege or attorney work product advis informing them so they could better advise us on how we can uh proceed on this project. Those those are the three individuals who are

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advising us publicly and the three of them were here at the last meeting. Uh and I think there was another point that you raised uh that you wanted us to address. So yes, so like Commissioner Petraco said, we all live here. We know what

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that quality of life issues are. For example, the noise uh that's a quality of life issue. The the health and welfare laws and ordinances of this state, of this town, are not just health and welfare, but they're also quality of life. For

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example, the the noise vi the noise ordinance or noise uh state law no noise ambient noise, it can't be more than 50 to 60 dB at the property line. Uh and so that's that's not just there just for health reasons, but that's also there for enjoyment reasons cuz uh what a 50

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to 60 decel noise range is, it's a conversational tone. Uh and so that that's there to protect the neighbors from from noise pollution that could be emanating from a property. Uh but uh another way for you

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to inform us as to what those concerns are about the quality uh of enjoyment of the property is to come here and tell us or grab us on the street. So what are your concerns in terms of the the enjoyment of the property uh that a data center could bring that maybe we're not seeing? Do you have any off the top of

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your head right now? right now definitely you know we have u our noise uh ordinances um have a time limit I think it's after 10 p.m. it can't be heard outside your yard or

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whatever it's um but my understanding is the data center noise would be 24 hours so it would be possible for it by as I understand it with our current uh you know the way it's going since residential um folks know so that's a

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concern lighting as I understand there would be lights visible that has been a problem on our data centers and I have no idea that's It has to be a light shining 24 hours a day.

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Okay. I don't know if it's if it has to be 24 hours a day. I I but that's been a problem in other towns and complaints. Um obviously the um um energy usage um is a problem. Will that will the water

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um usage we have water main breaks etc. Is that going to happen more often? Can we somehow if this is going to happen, which we don't want, but if it's going to happen, can we make them um do preventive um um watering um

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infrastructure uh improvements, you know, beforehand? So, there there are lots of things and the thing is is that um what I happen to think or what my questions are, yeah, I'll come to this, but I'm an engaged, you know, informed

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citizen like the folks are here. Um, but you've got 30,000 residents who who want to know things. And so since this isn't on an agenda, they don't know to come. They They don't

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know to come. And that's the thing about I I know you're saying you're not trying to hide anything, and I believe you. I'm not accusing you of nefarious, you know, intentions. Um, and I believe that your motives are to keep Nutley a a wonderful town. We love

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it and I believe you that you want to keep it here. Um, keep it that way. But what I don't think you're realizing is that for 95% of the people who live here, they don't know to come here. They don't know to

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check the website because there's a development plan on a settlement that they didn't even know existed. you know, like you're you're assuming that people have knowledge that they don't have. Whereas, if you put something out to say

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there's a redevelopment um uh agreement, uh there's not a formal plan yet, but um um there's a there this site is going to be redeveloped. Um we'll tell you what we can tell you, and we want to hear from you your thoughts

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are on that. I I think it would just it would really increase how people feel about this when and if it happens because if it happens without you having had this and

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if you say well you know we spoke to the five people to the meeting that people are not going to swallow that. It it's it's it's not it it it just won't go well. Um, and

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you know, look, I I used to live in New York. I ran the largest residential um, college program in the state of New York. Um, uh, not as big as Nutley, but I had 10,000 residents. Um,

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I had a $60 million budget. I had 400 employees. I could not keep things secret and then unveil them at the end. I would have had a mutiny. I would have had rallies and protests

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and being burned in effigy. I had to have relationships as as things were happening. And so I just I I say that with with passion and love for Nutley. I if you please please please considering

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telling the full town what you can tell us. Don't tell us anything you can't tell us. Don't go down a road you can't go down. I completely understand this, but tell us what you can tell us and hear from people besides me. I have a

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big mouth. We all know that. Um, but hear from other people. Okay. Thank you very much. >> You. >> Thank you. >> Hi, Mark Lyle, Kingsland Street. You guys know me, I think. Um, okay. So, I

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was shocked when I saw the Oprah uh report on how this was being built or you you say it's just a napkin sketch, but I mean it it certainly isn't. I've had conversations with most of you. It's not

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what I've been told at all. Uh, it actually says the PSEG substation will be in my backyard. I was told we talked about the 100 ft. We know that the substations need at least 300

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ft from people because of the vibrations. We know the state of New York has put a moratorum on anything more than 50 gigawatts and there's reasons because of what's happening with the water, the

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electricity, etc. So, just for the record, I I was told by the developer that Nutley didn't want the senior center. I was told that they wanted the data center because of the

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amount of money that they would make in taxes from a data center because I would love to have a senior center next to my house. That would be great. So, I get a little confused. So, for the record, is it in fact the commissioners

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who want this as opposed to a senior center? Cuz the developers just selling the land. Once the land's done, he's gone. He's out. He It's according to what I've been told, it's the commissioners who want the more

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money that they'll get from a data center from year to year. That is the real driving force here. >> So, that that that's not accurate. As uh comm commissioner Petraco said uh this is this is being driven by the

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developer. We can't dictate what to the developer what they can do with their land. They can come to us with an application and as this is what commissioner practa said gene or I don't want to say gene but the the developer has changed their mind multiple times and presented multiple options. A lot of

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them have not come to fruition. And >> was the senior center ever on the table? And was it the commissioners who voted down the senior center? >> That the senior center was not on the table since I've been on the board. Uh I've only been here since 2020. I know this development has been going on since

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2012, 2014. Uh so I can't speak to that. Uh but again, it's driven by the developer and the developer, they have they have an obligation to their shareholders. They want to try and maximize the profit. And so since they're driving this process, they're

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the ones who are proposing various, we'll call them solutions, and they're the ones who are trying to maximize those profits through those solutions for their shareholders. We are trying to do what's in the best interest of the community. And that's always been the case. We're not driven by uh what's

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going to generate the most tax revenue or what's going to be uh the nice shiny object to the detriment of some other residents in town. We're constantly driven by what is in the best interest of our of our residents and that is

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always a driving factor uh in terms of health, welfare, and safety. >> Well, I hope so. Uh, you know, I I do have concerns. Um,

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and I'd like to believe that you guys would really actually care about us cuz I'm at ground zero. I mean, you know, I I fought hard against the uh the Amazon warehouse or whatever kind of

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warehouse it was going to be. and uh >> and and we dug in and bought against that side by side with you. >> Right. I I'm just very concerned about this because again just the location

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is right by the houses. It's right along the houses at Kingsland where I've been told, oh well no, it's going to be fairly I I believe that there could be sensible development. I believe that things can be done in such a way that it

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has the least amount of impact. But again, when I'm told, well, that's just a napkin sketch. Well, that's that's what the law is saying. They proposed it was agreed upon tempor or as a preliminary agreement.

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And and if it is that, then that's not reasonable or sensible for the community whatsoever. >> Right. and and just because that is the project, it still has to get through the planning board process. It still has to

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go through all the litany of of uh steps that any other project has to go through. Uh and again, always at the center of that process at every step of the way throughout the town is the health, welfare, and safety of the community. And if it's if it's going to

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somehow harm the health, welfare, and safety of the community, I don't think anyone on this board would support that. And that that that would include if we have to go back to litigation then so be it. Uh so we would fight for that health welfare and safety. Uh but at the same time if it is a good project for the

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town that is certainly something that we would get on board with if it's not going to affect the health welfare and safety of the residents. We don't have that project before us to opine one way or the other. And so that's why we're saying at this stage it's just speculation. We know that a a project may be coming at some point in the

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future, but we can't say if it's a good project or a bad project because we don't we simply just don't have that information. >> Okay. Thank you. >> I just want to address the uh senior and assisted living. It's part of one of the approved uses for that site. So, if we

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were against it, it would have been approved put into the plan. So, um, you don't always hear the exact way it is. >> Okay. No, listen, I I I understand that >> as the mayor said, you know, sometimes

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it's um, >> people trying to sell their property, they're going to spin it where the way they spin it. >> But isn't isn't >> the truth is right, if you look at the plan, one of the approved uses is assume you're in assisted living for that property. >> Yeah, I'm aware of that. And and so then

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to your point, why wouldn't the city want that? Why wouldn't they prefer that over a data center if if in fact what they're saying is not so that there aren't bigger tax reason that we keep saying we have nothing before us, right?

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So if that came before us, then we but we don't have that we don't have a data center. We have nothing before us. We have a plan with approved uses. >> Mhm. Okay. So, >> okay, thank you for your time, John. >> And and to that that point, there's

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about 10 or a dozen or so approved uses developers going to go towards what's going to maximize their profits. And so, right now, at this time period, they likely see the data center as what's going to be the biggest return on their investment >> that maximizes their profit, >> right?

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How does one construction maximize over a different construction >> in terms of I guess the the rents that a tenant would pay for a data center space versus an assisted living space? >> The the the >> aren't selling it outright. I thought

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they're selling out. >> You're saying they're going to rent the property. >> That I'm just saying that they may sell it outright, but again, a data center would be more valuable as a sold finished project than a an assisted living facility. And the same thing is

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holds true for the rent. I don't know if they're going to be renting or selling. I'm just saying the cost per unit is probably is maximized in their eyes through a data center. >> So if everybody in that gets together, pitches in, and we buy the land for a senior living center, they would sell it

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to us if they have nothing else is what you're saying. Uh, but I would caveat that they would probably sell it to us for the price they could get for a data center, not for the price they would get it for assisted living center if the assisted living living center is a lower, cheaper option than the data

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center. So, let's say the data center is a $10 million product that they can see in profit and the assisted living million assisted living center is an $8 million product. they would probably try and sell it to us for the eight for the 10 million, not the eight million, even though it's uh we would want to develop it as an $8 million project as opposed

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to the $10 million project. >> Okay. Again, thank you gentlemen for your time, ladies. >> Anyone else wish to be heard? Seeing none, uh Mr. Bruno, we don't have a need for executive this evening. >> We do not. Uh, I'll entertain a motion

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to adjurnn. >> Move it. Second. >> Commissioner Evans. >> Hi. >> Commissioner Tui. >> Hi. >> Commissioner Scorpelli. >> Hi. >> Commissioner Petraco. Hi. >> Mayor Kelly. Hi. >> Thank you everyone. The next meeting is Tuesday, August 4th at 7 PM right here.

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>> Time is 8:03.