Yes. To the flag it stands one nation under God indivisibley justice for all. Uh, first thing I want to acknowledge is that the mayor is actually online uh,
zooming in from some secret place somewhere in the United States. Welcome, John. Thank you. Also, I appreciate the fact that you like to have the seat up high, too.
U Madam Clerk, can you read the nose? Yes. Thank you. Board of Commissioners public meeting agenda for Tuesday, July 15, 2025. The time is now 7:08. Pursuant to the requirements of the Open Public Meeting Act, chapter 231, Public Law
1975, notice of this meeting was published in November 21st, 2024, issues of the Nutley Sun, the Herald News, and the Star Ledger. A copy of this notice has been posted on the Nutley Town Hall bulletin board, and a copy is on file in the municipal clerk's office. Commissioner Evans here.
Commissioner Tucci here. Commissioner Scarpelli here. Commissioner Petraco. Mayor Kelly present. There are no minutes or executive minutes tonight. Communications. Thank you. The Van Riper House uh has
submitted an event uh an event and social affair permit application for a beer festival on September 6, 2025 between 2:00 p.m. and 6:00 p.m. at the Van Riper House on 491 River Road. Motion, please. Move it. Second.
Commissioner Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpelli. Hi. Commissioner Patraco. Mayor Kelly. Hi, Mayor. We have a proclamation tonight. Uh do you have any comment on it or do you want me to read it?
Uh it it's in honor of uh Gian uh S Sylvester. Uh number of years of dedicated service to the township upon her retirement. Uh we just wanted to do something to honor her dedication to the township. And so, uh, without further
ado, uh, Deputy Mayor, if you want to read it. Thank you. Whereas the Township of Nutly Board of Commissioners and Nutly Public Library Board of Trustees wish to recognize the outstanding career and retirement of Jeanie Sylvester, who will
retire August 1st, 2025 after 24 years of dedicated service. And whereas Jeannie Sylvestress received her professional librarian cert certificate from the state of New Jersey Department of Education on June 28th, 2000, began her career at the Nutley Public Library
on February 20th uh 2001 and was promoted to super to a supervisory role on June 2nd, 2007. Whereas her during her tenure, Jeannie provided outstanding leadership and guidance to the circulation and inter uh library loan
departments, earning respect of all of her colleagues and cultivating a spirit of collaboration, professionalism, and public service. Whereas Jeanie has been a driving force in bringing the enriching programs to the Nutley community, including adult lectures, concerts, uh, and craft workshops and
has thoughtfully curated the library's adult fiction and media collections to serve readers of all interests. Whereas Genie played an integral role in planning and executing the Nutley Public Library Centennial celebration in 2014, helping to honor and showcase the
library's rich history and its lasting impact on the community. Whereas Genie is a passionate advocate for literacy and lifelong learning, a valued member of several Buckles committees and a true believer in the mission of public libraries to educate, inspire, and
connect with their communities. whereas she has demonstrated extraordinary commitment to the friends of the library, generously donating proceeds from her handcrafted Julian crafts to support Nutlely uh support library initiatives and dedicating personal time
to volunteer causes. Whereas her uh excellence in librarianship was recognized when she was honored with the librarian of the year award at the GA Golden Apple Awards in 2019 by the New York City chapter of Romance Writers of
America. Whereas Jeanie's deep appreciation for the Nutley community and its support of the library and its staff has been evident throughout her career. She has often expressed gratitude for working alongside a dedicated team of professionals and serving patrons who truly value uh their
public library. Now therefore, it be it proclaimed that the Township of Nutley Board of Commissioners and the Nutley Public Library Board of Trustees do hereby commend and congratulate Jeannie Sylvester for her 24 years of exemplary service to the library and the Nutle community and extend their best wishes
for a joyful and welldeserved retirement. Would anyone else like to make a comment on this? Okay. Just wish her uh good luck, good health on her retirement. Thank her for 24
years of service to our community. Thank you. Anyone else? Just like to say great job, congratulations and exactly good health in your retirement. Yes. Just like to say thank you for your your years of service and
congratulations on your retirement. And and and it's for me as with all congratulation. enjoy this next adventure. Let's move move on to reports. Um I have a code enforcement report for the month of May uh for the
department of revenue and finance. Uh commissioner, yes, I have a shuer report for the month of June 2025. Bill, thank you. Bill list for July 15, 2025.
Public affairs 223,47022. Revenue and finance 4,731,495.36. Public safety $128,5725. Public works $128,976.38. Parks and public property $243,79.71. Water and sewer utility, $392,52.84. Payroll sheet as of uh July 3rd, 2025.
Regular payroll total 1,78,546.98. Overtime payroll total $61,1221. Total payroll 1,139,668.99 for a grand total of $6,987,31555. Move the bills. Second. Commissioner Evans. I. Commissioner Tucci. I with the exception of item number
2500890 which I abstain of. Commissioner Scarpelli. I. Commissioner Petraco. Mayor Kelly. I and that's it for bills. Thank you. We're going to have a need to step into executive, but before we do
that, would anyone wish to comment on the any of the agenda items? Only on agenda items. Elenny, do you need to read it read the notice? Yes, we need a I'm sorry, may
I just the public comment on agenda items only. Do you need to read a notice for that? Okay, fine. Uh seeing no one, uh any board of commissioner announcements, Commissioner Ti? Not at this time. None here. Mayor,
mayor, any announcements? None for me at this time. Okay. And none for me. Uh at this time we're going to need to go into uh an executive uh session of the board. Uh uh deputy mayor, we need to go into close
session. Need a motion. Please move it. Whereas section 8 of the open public meeting act, chapter 231, public law 1975, permits the exclusion of the public from meeting in certain circumstances. And whereas the public is
of the opinion that such circumstances exist. And whereas the board of commissioners of the township of Nutley in the county of Essex and state of New Jersey desires to proceed to closed executive session. And now therefore be it resolved by the board of commissioners of the township of Nutley move into closed executive session to
discuss litigation. Be it further resolved that at the time when such discussion may be disclosed to the public shall be when and such disclosure may be made without adversely affecting the township of Nutley pending and or anticipated legal personnel contractual matters and other matters within the
exceptions provided for by statute. This resolution shall take effect immediately. Commissioner Evans I. Commissioner Tucci. Hi. Commissioner Scarpelli. Hi. Commissioner Patco. Mayor Kelly. I. The time is now
uh 7:16. back. Yeah. Are we all set, guys? Okay, we are back on record and the time is 808. Uh, moving on to uh ordinance introductions.
Um, I have one tonight. Um, is John, are you there? I'm here. Good. All right. Uh, ordinance number 3593, ordinance providing for a 25.4% 4% matching of funds uh associated with a
capital improvement grant for a playground suitable for special needs children in the township of Nelly in the county of Essex, New Jersey and making an appropriation of 137,000 therefore from the capital improvement fund of the township. I move that this ordinance be passed to a second reading and
advertised in the Nutly Sun together with a notice required by law and that further consideration of said ordinance for final passage by the board of commissioners be held at its second reading on August 19th, 2025. So move second. Commissioner Evans I. Commissioner Tucci.
Hi. Commissioner Scarpelli. Hi. Commissioner Petraco. Hi. Mayor Kelly. I next ordinance is 3596. Commissioner Tui. Commissioner Scapelli, you want to do the first one? I'll do the second one.
Just I'll do the first one. You do the second one. All right. This is ordinance number 3596. An ordinance to fix the salaries of certain officers and employees of township county of Essex State New Jersey effective January 1st, 2025. Be
ordained by the board of commissioners of the township of Nelly and the county of ex Essex, New Jersey as following and as listed. I move this ordinance be passed to a second reading advertised in notly sign together with notice required by law that further consideration said ordinance for final passage by the board
of commissioners be held at its second reading on August 19th 2025. I move the ordinance second. Commissioner Evans. Hi. Commissioner Tui. Hi. Commissioner Scarpelli. Hi. Mr. Petraco. Hi. Mayor Kelly. I guess I'm up. Deputy mayor.
You are. All right. This is an ordinance to fix the salaries of certain officers and employees of the township script of Nutley County of Essex State and New Jersey effective January 1, 2025. If I move that this ordinance be passed to a second reading and advertise in Nutley Sun together with the notice
required by law that further consideration of said ordinance for final passage by the board of commissioners be held at its second reading on August 19th. Yes. 2025. I move you. Second. Commissioner Evans. Hi. Commissioner Tui. Hi,
Commissioner Scarpelli. Hi, Commissioner Petraco. Hi, Mayor Kelly. Hi. We have reading uh ordinances that are on for tonight for your second reading of public hearing. Uh Mayor, you have uh 3591. Do you want to uh do that one?
Uh could you read it? I don't have the uh the uh document in front of me. Sure. Sure. Uh this is 3591, an ordinance of the board of commissioners of the township of Nelly, county of Essex, uh vacating a portion of Windsor Place. Uh
move to open the public hearing. Second. Do we need a vote on that? Only to close the public hearing. All right. Would anyone wishing to comment on uh this ordinance uh like to
to come to the podium? Move to close a public hearing. Second. Commissioner Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpell. Hi. Commissioner Petraco. Hi. Mayor Kelly. Hi. On behalf of the board, uh move the ordinance. Second.
Commissioner Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpelli. Hi. Commissioner Petraco. Hi. Mayor Kelly. Hi. Uh okay, moving on to resolutions. Uh I uh I see that uh Mr. Scarpilly, you
don't have any on the agenda tonight. Deputy Mayor have any tonight? I don't have none, Mr. Deputy May. No, none. None. And I still came. I have I have one deputy mayor business tonight. Uh so that's good. And mayor, you don't
have any tonight. Correct. Correct. Okay. Um so Commissioner Tushi, would you like to read your one your meet your lonely one? I would love to. It's an outstanding one, I might add. I find it.
The last page. Whereas I have it here. Department of parks and public property determined due to unforeseen circumstances. Families had to cancel participation in programs offered. And whereas the department of parks and public property has determined a need to refund families. Now therefore, be it resolved by the board
of commissioners, township of Nutley, county of our state of New Jersey, that the treasurer be and is hereby authorized to refund payments for recreation programs in the amounts listed below for our neighbors at 373 Bloomfield Avenue for Camp Nutley for the year 2025 in the amount of $1,350
and also our neighbors at 104 Jorg Avenue for a football program same year in the amount of $200. I move the resolution. Second, Commissioner Evans. Hi, Commissioner Tucci. Hi, Commissioner Scarpell. Hi, Commissioner Petraco. Hi, Mayor Kelly.
I Thank you, Commissioner. Um, we have uh five resolutions to get through. Uh, so which are are under my uh heading. Mayor, with your permission, I'll read the four ordinances, the four
resolutions that are on behalf of the board. Have fun. Okay. Thank you. All right. So, first resolution B resolved by the board of commissioners township of Nel County of Essex State, New Jersey that the treasur is hereby authorized to refund overpayment of tax charges in the amount
of $4,55922 for blocks 7805 lot 22 and block 101 lot 15. So move. Second. Commissioner Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpell. Hi. Commissioner Petro. Hi. Mayor Kelly.
Okay. Sorry, I didn't realize I was on mute. I Okay. Uh the next resolutions are all of them are being read uh on behalf of the entire board. U the first one 8825.
It's a resolution designating PB Ncliffe Master LLC as redeveloper of the redevelopment area covered by the Roast Southside Kingsland Street redevelopment plan. Uh whereas the board of commissioners of the township of Nutley identified certain properties in the township uh designated as as follows on
the tax map of the township blocks 2000 lots 1 4 and 5 block 211 lot one to be considered for designation as a condemnation area need of redevelopment pursuant to the redevelopment and housing law NJSA48
12A-1. Uh whereas on March 18th, pursuant to the resolution 646714, the board of commissioners requested the township planning board uh to conduct a preliminary investigation to determine if a study area satisfied the criteria for designation as a condomin
condemnation area in need of redevelopment pursuant to NJSA48 12 a 12A-5. Rasm Maser Consulting prepared an investigation of the study area for the township dated February 5th, 2014. On March 3rd, 2015, the board
of commissioners determined that the redevelopment area constitutes and meets the criteria under the LRHL to be designated as a condemnation area in need of redevelopment. that the redevelopment area should be determined and declared a condemnation area and redevelopment, which determination,
among other things, authorizes the township to exercise the power of eminent domain to acquire all or a portion of such redevelopment area. Whereas the township and PB Nutcliffe Master LLC have entered into a settlement which requires among other
things the adoption of the uh redevelopment area. Um we will right the settlement right whereas for planning has prepared for the township a redevelopment plan dated
June 18 2025 entitled Roach Southside Kingsland Street redevelopment plan which provides development standards and uses for the redevelopment area. Whereas in July 1, 2025, the board of commissioners held a public hearing and voted to adopt ordinance 3589 accepting
and improving the Ro Southside Kingsland Street redevelopment plan. Whereas the board of commissioners has reviewed the submissions and qualifications of PB Nutcliff Master LLC and finds that PB Nutcliff Master LLC possesses the necessary resources and experience to
redevelop the the red the redevelopment area in accordance with the redevelopment plan. now therefore be resolved by the board of commissioners of the township of Nutley County of Essex, New Jersey as follows. One, the foregoing recital be and hereby are incorporated herein as if repeated at
length. and two PB Knuckler master being and hereby de is designated the redeveloper of the redevelopment area covered by the southside Kingsland Street redevelopment plan subject to the subsequent approval and execution of the
redevelopment agreement with the township and three the township administration and township attorney being hereby authorized to take any necessary and reasonable actions in furtherance of the same. So move second.
I I, Mayor Kelly. I um 189-25 is a resolution authorizing the execution of a redevelopment agreement with PB Nutcliff Master LLC
covering the Ro Innovation Center uh redevelopment uh plan. Uh John, uh is it necessary that I read all of those recital again? Okay. Uh okay.
Can move it as written. Yeah. I think I'm going to what I'm going to do is if it's okay, I'll read it read the now therefore and then and then we'll move. Okay. So now therefore be resolved by the board of commissioners of the township of Nelly County of Essex uh New Jersey
as follows. the foregoing recital being and hereby or incorporated herein as if repeated at length. the mayor andor his uh designate uh and the township clerk be and hereby a are authorized to execute and attest respectively a
redevelopment agreement with PB Nutcliffe uh master LLC in a form acceptable to the council of the township the township administration and township attorney be and hereby are authorized to take all necessary and reusable actions to effectuate the same so move
second commissioner Evans I commissioner Tucci I, Mr. Scarpelli, Commissioner Petraco, I, Mayor Kelly, I uh 1902 is a resolution reauthorizing the execution of a global settlement
agreement with PB Nutcliffe Master LLC, whereas the board of commissioners of the township of Nelly is currently engaged in multiple litigations with PB Nutcliffe uh Master LLC regarding the use in the development of the UN3 campus. Whereas where whereas on or
about June 3rd, 2025, the township adopted a resolution authorizing the execution of the global settlement agreement with PB Nutcliffe Master in in the same or similar form provided to the board of commissioners on or about June
2nd, 2025. Whereas the parties have made modifications to the proposed form of the settlement agreement and desired before the avoidance of doubt to reauthorize the execution of the settlement agreement. Now therefore be resolved by the board of commissioners
of the township McNelli County of Essex, New Jersey as follows. One, the foregoing recital v and hereby are incorporated herein as if repeated at length. The mayor or his designate in the township clerk be and hereby are authorized to execute a settlement agreement with PB Nutcliff Master in a
form and content acceptable to legal counsel uh for the township and the township administration and legal council being and hereby are authorized to take all necessary and reasonable actions to effectuate the same. So move second. Commissioner Evans I. Commissioner Tucci
I. Commissioner Scarpelli. Hi, Commissioner Petraco. Hi, Mayor Kelly. Uh, my the last resolution. Thank you, John. Uh, I I'm sorry. Uh resolution 191-25,
a resolution of the board of commissioners determining that the application document submitted by PB Knuckliff Master in regard to the property located at uh 41-47,44-50 and 54 Windsor Place and identified as
block 102 lot 2 and block 200 lots 1-6 and 24 are consistent with the redevelopment plan and the township's master plan where uh whereas honor or about July 1, the board of commissioners uh 2025, the board of commissioners and
attachment of Nelly adopted redevelopment plan entitled the Ro Innovation Center redevelopment plan block 102 lot 2 block 200 lots 1 2 3 4 5 6 and 24. And whereas pursuant to the plan, the redeveloper is required to submit and the township is required to
review preliminary plans for the redevelopment project to evaluate whether said plans are consistent with the plan. Whereas on or about July 9th, 2025, PBliff Master LLC, the applicant submitted the plans to the township and
requested a determination that same are consistent with the development standards and conditions set forth in the plan. And whereas the submission consisted of the following. A letter from Mel Gonchar Esquire dated July 9th, 2025. Preliminary and final major site
plan prepared by Collier's engineering and design. Uh it's there's there it's that was dated uh November 22nd, 24 and revised through June 2025 consistent consisting of 48 sheets. Uh I think
that's part of it. It screwed up on here a little bit. I'll rewrite I'll re reread that so it's clear. The preliminary and final major site plan prepared by Collier Engineering and the design dated November 22nd 24 and revised through
June 20th consisting of 48 sheets. Too many bullets, right? Uh uh to next the traffic impact letter report prepared by Stonefield Engineering dated June 30th, 2025. Architectural plans prepared by Perkins and Wills undated
consisting of seven sheets. Whereas by review member dated July 15th pull Ricky a uh Ricky planning the town's planner as well as a review memo dated July 8th prepared by far planning the township's redevelopment planner the township's
professionals advised that the referenced application documents uh applicants documents are consistent with the terms and conditions of the redevelopment plan and the township's master plan. Whereas the township board of commissioners has considered the matter and agrees with the findings of
the township planners. Whereas the board of commissioner finds and determines that the application documents are consistent with the redevelopment plan and the township's master plan. Now therefore there now therefore be resolved by the board of commissioner of the township of millia that one the township board of commissioners hereby
finds and determines that the application documents submitted by the applicant are consistent with the redevelopment plan and the township's master plan. to the township's professionals and administrative staff uh be and hereby are authorized to take all reasonable and necessary actions to
effectuate the same. This resolution takes effect immediately. So move second. Commissioner Evans. Hi. Commissioner Tui. Hi. Commissioner Scarpell. Hi. Commissioner Petraco. Hi. Mayor Kelly. I uh there's no other business before the
board of commissioners. Uh we open it up for public comment. Would you like me to seeing no one? We don't need There's no one. So, seeing no one, we'll close the public comment period. Uh we do have a need for uh another executive. Uh John
for what? Yes, Deputy Mayor, we do have a need to go into close session discuss litigation. Motion move. Second. Thank you. 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 body is of the opinion that such circumstances exist and whereas the board of commissioners of the township of Nutley in the county of Essex and state of New Jersey desires to proceed to close executive session and now
therefore it be resolved that the board of commissioners of the township of Nutley moved into close executive session to discuss litigation Be it further resolved that the time when such discussion may be disclosed to the public shall be when and such disclosure may be made without adversely affecting
the township of Nutley pending and or 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 Scarpell. Hi.
Commissioner Patraco. Mayor Kelly. I there being there no other business uh to be conducted we can move to close the meeting. Move it. Second. Commissioner Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpell. Hi.
Commissioner Petroco. Hi. Mayor Kelly. Hi. And the time is now 8:27.