I alian to the flag of the United States of America to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. >> Is uh is uh the mayor Okay,
Madam Cler, can you read the notice? >> Thank you. Uh, board of commissioners public meeting agenda for Tuesday, December 2nd, 2025. The time is now 7:06. Pursuant to the requirements of the open public meeting act, chapter 231, public law 1975. Notice of this
meeting was published in the November 21st, 2024 issues of the Nutly 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. Deputy Mayor Evans >> here.
>> Commissioner Tucci >> here. >> Commissioner Scarpel >> here. >> Commissioner Petraco. >> Mayor Kelly >> present. >> All present. Mayor, >> thank you. I don't see any minutes tonight, but we do have executive minutes. Madam clerk,
>> thank you. We have executive session minutes for July 15, 2025, sessions 1 and 2, September 16, 2025, October 7th, 2025, October 21st, 2025. >> Move it.
>> Second. >> Deputy Mayor Evans. >> Hi, >> Commissioner Tucci. >> Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. I, >> Mayor Kelly, >> I >> We don't have communications or proclamations this evening. Reports. Uh,
I have a code enforcement report for the month of September. Uh, Commissioner Petraco. >> I have our public safety report. Thank you, Deputy Mayor. >> Madam Clerk, the bills. >> Thank you. Bill list for December 2nd,
2025. Public affairs, $191,368.81. Revenue and finance 3,510,9498. Public safety $148,92149. Public works, $88,8721. Parks and Public Property 1,14,536.13. Water and sewer and utility $142,151. Payroll as of November 21st, 2025.
Regular payroll total $1,55,93.13. Overtime payroll total $72,410.18. Total payroll 1,128,313.31 for a grand total of $6,315,1184. >> Move the bills. >> Second. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> I with the exception of item number
25-0424. >> Thank you. Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> Hi. And that's it for bills. >> Thank you. Um would anyone wish to comment on the
agenda this this evening from the public? Seeing no one, uh any board of commissioners announcements of Commissioner Scarpell? >> Yes. Uh there'll be an electronics uh recycling uh new location at the DPW
garage this Saturday from uh 9 until 1. Mr. Jack, >> I I actually have two announcements. One one a good one. Second one maybe not too so good. We have an event at public safety December 11th. Is it Sam? Th next
Thursday. Um meet Santa. Santa greet and meet. What time does that start? 5:30 to 7:30. So we're um excited about that at public safety. The second announcement I I have um we have had a a
couple of um again most of the time the doors aren't locked with these um people looking to gain accesses access to houses and um get the car keys and you know get the cars. And I just want to be crystal clear that
Nutley is a very safe community thanks to our police officers. And this is not just um it's just not happening in Nutley. It's happening all over the state. And I have to tell you going through the state, you
know, we do get a couple here and there. There it's an epidemic in other towns. And I I just want to say that I made the mortal mistake at looking at one of the websites and seeing some of the comments that are on there for people that are on social media, you know, saying, "What
are our police officers doing? What are our strategies in the police department?" Um where are the cops? Um you know, all all of that kind of stuff. And I have to tell you, it's it's disheartening. And I'll quote a quote
from my former history teacher who um made it all the way to superintendent in Nutley and is now the Essis County Superintendent of Schools. Joe Zaro said to me, it's a long time ago, it's safe to be a critic. It's it's it's easy to
be a critic from a safe distance. And it's true. I am not going to or nor is our chief going to go on a website and tell you what our manpower is at night, what we're doing about it, and let the
criminals know as well. So again, we have a fine police department. Nutley is a very safe town. We cherish our residents and and do everything in our power to keep it safe. and you know to take shots at the cops that are away
from their families on the midnight tours and away from their families on Christmas time and that are working 7 days a week 24 hours a day to keep you safe. Obviously, we can't be everywhere. It's impossible to cover the whole town
at that 5 minutes that god forbid somebody's trying to break break into your house. But again, I know this will probably fall on deaf ears, but before you post something, you should really dig in and get all the information. Again, some of these towns
that are around us, we get a couple of them. They're getting multiples. So, again, to my police officers, I want them to know you are appreciated in this town very, very much. And you do an excellent job. So, I appreciate the
effort and um that's all I have tonight. Deputy Mayor, >> thank you, Commissioner Commissioner Praco. Next, Commissioner Tucci, I'm sorry. See, you guys look alike. >> Oh, thank you for that compliment. Um, okay. On the December 4th, 5th, and 6th,
uh, parks department is presenting our Rudolph the Red-Nosed Reindeer play um at the high school, and all three shows begin at 7 pm. Thank you, Deputy Mayor. Thank you, Mayor Kelly. Uh announcements this evening?
>> Yes. Uh this this coming Sunday from 5 to 7:00 p.m. we have our treelighting and Hanukkah celebration. And tomorrow, December 3rd, is is a a day which we honor uh members of our community which have uh disabilities. It's a national
day of honoring. >> Thank you. Uh I I do not have anything this evening. Uh moving on to ordinances, introductions. Commissioner Petco, I see you have two this evening. >> I do. Thank you. I have ordinance um introduction. It's number 3602. An
ordinance amend an ordinance to codified in the code of the township of Nelly chapter 228 entitled vehicles and traffic particularly article 7 section 29A entitled handicap park and to add to this location set for on there on this
one is for two lavel court. Um, I move that this ordinance be passed to second reading advertising the Nelly Sun together with notice required by law and the further consideration of set ordinance for final passage by the board of commissioners to be held at its second reading on January 6th. I move
it. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> Hi. This is number 3603, an ordinance to to
amend an ordinance codified in the code of the township and chapter 22A entitled vehicles and traffic particularly article 7 entitled handicap park and to remove the location set forth there on this one is actually two of them 27
Bayard Street and 272 Kingsland Avenue. I move that this ordinance be passed to a second reading and advertised in Nly Sun together with notice required by law and that further consideration of set ordinance for final passage by the board of commissioners of comm of commissioners be held at its second
reading on January 6th. I move it. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly. >> I. >> Thank you. Thank you. We don't have any
public hearings tonight, so we'll move on to uh resolutions. Uh Commissioner Tui, would you like to read G3? Okay. Whereas Township of Nutly entered into a contract with Advanced Mechanical Corp, 9 Falsam Court to Sake, New Jersey for
heating, air conditioning, and refrigeration service. And whereas the director of park and public property has recommended the following change order from said contract. Change order number one for services in the amount of $24,000. Money is available from capital account C-04-55-359-41
has been certified by the chief financial officer said certification being attached to this resolution. Now therefore be it resolved by board of commissioners township of Nutley County of Essex state of New Jersey that change order one 20 for 24,000 v and is hereby approved. I move the resolution.
>> Second >> deputy mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> Hi. be resolved by board of commissioners of township from Nutley County of Essex State of New Jersey that in accordance
with the provision of RS48 colon 4-58 the following transfer appropriations in the 2025 budget B and same are hereby authorized and approved for the department of parks and public property from health insurance in the amount of $90,000 to buildings and grounds salaries and wages in the amount of
60,000 parks and playgrounds other expenses in the amount of 20,000 and recreation committee salary and wages in the amount of 10,000 for a like amount of 90,000. I move the resolution second. >> Deputy Mayor Evans. Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. Hi.
>> Commissioner Petrole. >> Mayor Kelly. >> I. >> Whereas 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 the need
to refund the families. Now therefore, be it resolved by board of commissioners, township of Nutley County of Essex, state of New Jersey, that the treasurer be and is hereby authorized to refund payments for recreation programs in the amounts listed below. To our neighbors at 77 Evergreen Avenue for
travel basketball in the amount of $125 and our neighbors at 14 192 Witford Avenue again for travel basketball and the like amount. I move the resolution. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpell. Hi,
>> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> I It's all I have. Deputy Mayor, >> thank you. Commissioners, >> thank you, Deputy Mayor. Whereas the Department of Public Works announces there will be free 2-hour metered parking from December 15th through Janu
uh 2025 through January 1st, 2026. And whereas the suspension of metered parking during the holiday is a nightly tradition to promote our our business district and support local merchants. And whereas the free 2-hour parking will allow ample time for residents to take
the opportunity to leisurely walk at shops nutly first. Now therefore be resolved by the board of commissioners township of Nutley County of Essics, New Jersey that we will allow free 2-hour meeting parking from December 15th, 2025 through January 1st, 2026. I move
second. >> Deputy Mayor Evans. Hi. >> Commissioner Tucci. Hi. >> Commissioner Scarpelli. Hi. >> Commissioner Petraco. Hi. Mayor Kelly >> I. >> Whereas bids for NJ do DOT Bloomfield Avenue roadway improvement project high
street to Raymond Avenue were received and opened on Wednesday October 29th 2025. Whereas DLS paving 36 Montano Road Fairfield, New Jersey was the low bidder. Whereas the base bid for NJ do Bloomfield Avenue Roadway improvement
project was in the amount of $518,876.50. 50 for a total bid amount of $518,876.50. Whereas funds are available from count G24559025 in the amount of 422,179
for money received by a grant from the New Jersey Department of Transportation local aid municipal grant and account number5518149 the amount of $52,8452 account55162400 in the amount of $28,465 $5.88
and account CO455158400 in the amount of $15,387.60 and have been certified by the chief financial officer said certification be attached to this resolution that therefore be resolved by the board of commission township of not county of
Essex state New Jersey that a contract be awarded to DLS paving contractor not to exceed $518,876.50 50 cents and that the mayor and township clerk are hereby authorized to enter into and sign said sent contract for the township penal move resolution. Second
>> deputy mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpeli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> I. >> Whereas pursuant to NJSA 4067-23.2
two and required by law the township has elected to provide municipal services to Cambridge Heights at Nully Umbrella Association in the amount as the township provides such services on public roads and streets in the township. Now therefore it be resolved by the board of commissioners township dutyly in the county of Essex as
follows. One, the mayor is hereby authorized to enter into a 2026 municipal service agreement with the association in a form approved by the township attorney. And two, a copy of the resolution as well as the municipal service agreement shall be placed on file with the clerk and the notice of
this action shall be printed once and mely sign. I move the resolution. >> Second. >> Deputy Mayor Evans. Hi. Commissioner Tucci. Hi. Commissioner Scarpelli. Hi. Commissioner Petraco. Hi. Mayor Kelly. Hi. be resolved by the board of commissioners attached for Nelly County
of Essics, New Jersey that in accordance with revision RS48 col 4-58 the following transfers appropriation in 2025 budget B and the same are hereby authorized and approved from recycling program salary and wage 34,000 to road
repair maintenance salary and wage 34,000 from recycling program salary and wage $7,500 to traffic maintenance salary and wage $7,500 00 for a total amount of $41,500 and be it further resolved that the notification of these budget charges
will be made by the chief financial officer to the director of division of local government services >> through the electronic submission process. I move the resolution second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpell. >> Hi. >> Commissioner Petrono. >> I.
>> Mayor Kelly. >> I That's all I have. Deputy Mayor. Hey, thank you then, Commissioner Petraco. >> Yes, thank you. I'm going to read um a late entry that um public safety put in for a budget transfer first. This is
number 352-25 be resolved by board of commissioners township of Nutley County of Essis, New Jersey that in accordance with the provisions RS48458 the following transfers appropriation into 2025 budget being the same or here
I authorize and approve from police salary and wage 120,000 and to police overtime 120,000 um from police salary and wage 100,000 from police O and E1 100,000 total 220,000. I move it. >> Second.
>> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> I. >> Commissioner Scarpelli. >> Hi. >> Commissioner Patco. >> I. >> Mayor Kelly. >> I. >> Whereas NJSA4A-87 provides the director of division of local government services may approve an
insertion of any special item in the budget of any county or municipality when such items shall be have been made available by law. The amount thereof of was not determined at the time of the adoption of the budget. Whereas the director may also approve the insertion of any item appropriation for equal
amount and now therefore be resolved. Now therefore be resolved that the board of commissioners township of Nali County New Jersey hereby request that the director of division of local government services to approve the insertion of an item revenue in the budget of the year
2025 in the sum of $45,150. which item is now available as revenue from the safe and secure community grant pursuant to the provision statute. Be it further resolved that a like sum of 45,150 be the same and is hereby appropriated under the caption of
general appropriations operation is excluded from caps safe and secure communities grant program other expenses $45,150 be further resolved that the copy of the resolution will be electronically filed with the director approval and require
by law. I move it. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. Commissioner Petraco >> I, >> Mayor Kelly, >> I >> whereas NJ484-87
provides that the director of division of local government services may approve the insertion of any item revenue in the budget of the county municipality when m when such items shall be made available by law and the amount of thereof was determined at the time of the adop
adoption of the budget. Whereas the director also approves the insertion of appropriations for equal amount. Now therefore it be resolved that the border commission township and another county of the state of New Jersey hereby request that the director of division of local government services to approve the
insertion of an item of revenue in the budget of 2025 in the sum of $11,450 45.50. item is now available as revenue from bullet for the bulletproof vest program grant pursuant to versions of the
statute. Be further resolved that the like sum of $11,45.50 be the same and hereby appropriate under the caption general appropriations appropriation appropriations excluded from the cap's bulletproof vest program grant other expenses $1,45.50
50 cents and be it further resolved that the notification of these budget charges will be made by the chief financial officer of director of the director of division of local government services through electronic submission process. I move it second.
>> Deputy mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> I. >> Commissioner Petraco. >> I. >> Mayor Kelly. >> I. Whereas Township and Nutleian Police Department need to acquire proprietary
software for issuance of electronic tickets through the mobile computers as a non-fair and open contract. And whereas the use of electronic ticketing increases efficiencies, enables officers to return to service faster, eliminates data entry errors and autoopulates
citations with the appropriate statute number, fine and court information. Whereas the whereas NJSA4811-5 permits the award of contract without public bidding for the provisions of proprietary software and whereas GT GTBM
Inc. owns the info cop eing system has submitted a proposal to provide the system software and whereas GTBM Inc. has completed and submitted a business entity disclosure certification which certifies that it has not made any
reportable contributions in the previous year and will be prohibited from making any reportable contributions throughout the term of the contract. And whereas the anticipated term of the contract for 12 months from January 1st, 2026 through
December 31st, 2026. Now therefore be resolved be resolved by board of commissioner township and county vestice that the contract awarded to GTBM Inc. in a form of and form approved by the township attorney be further resolved
that the business entity disclosure be placed on file with this resolution. I move it second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scorpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. I
cannot police department desires to utilize police pistol range facilities of the barrel of North Arlington Police Department have its principal officer offices at 214 Bridge Road in Hackinac Medallands, North Arlington, New Jersey in the amount not to exceed $2,000 for
one year beginning January 1st, 2026 through December 31st, 2026. And whereas funds are available from account number 6-01308-209 subject to the adoption of the 2025 municipal budget and have been certified
with the chief financial officer and certification be attached to this resolution. Now therefore be resolved by the board of commissioners of township in Nelly County as state of New Jersey that the mayor and township clerk be and hereby authorized to enter into an agreement with the burrow of North Arlington for use of its police pistol
range for the period of January 1st 2026 through December 31st 2026. I move it second. >> Deputy Mayor Evans. Hi. >> Commissioner Tucci. Hi. >> Commissioner Scarpelli. Hi. >> Commissioner Petraco. Hi. >> Mayor Kelly. I
>> whereas the tensorly is an active member of the education educational services commissioner of New Jersey cooperative pricing system where whereas pursuant to NJSA 48-11-11
6 a local contracting unit may participate in a cooperative pricing system to procore goods and services without the need of independently advertising for bids provided that the cooperative contract was awarded through the competitive contract and the competitive bidding in accordance with
the local public contracts law whereas ESCJ has awarded contract number 23-24-38 construction repair renovation and related trades to Mary Contracting Inc. a qualified contractor authorized to
provide such services to participating members. And whereas the township has identified the need for construction and renovation services for a project known as interior alterations to 119 Chestnut Street, Nutley, New Jersey. And whereas Mary Contracting, Inc. has submitted
proposal for the amount of 240 $242,231.72 consistent with prices pricing under ESCJ contract number 23/24-28 whereas the chief financial officer has
certified that sufficient funds are available for this purpose under accounts 501 31423 175,000 and 5- -01312 2320367,231.72 subject to optical funding ordinances
and whereas the governing body has determined that it is in the best interest of the township of to award the contract through the ESCJ cooperative price pricing system as it provides cost savings efficiencies and compliance with the state
pro procurement law. I move it. Second. >> Deputy Mayor Evans. >> Hi, >> Commissioner Tucci. >> Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> I, >> Mayor Kelly, >> I. >> And that's all I have. Deputy Mayor.
Thank you. >> Thank you. You did your transfer resolution. >> I did. And I just wanted to You're asking me if I seen that I did. I have happened to have a new pair of glasses that I just got. And I hope my reading has become better now that I could see
the small print on the resolutions. >> Thank you for attending to that issue. >> You're welcome. You're very welcome. >> Uh John, I'm going to uh read mine and then then you can go because you'll be last. Okay.
>> Sure. >> Could uh someone actually read mine for me? It's very cumbersome to read mine off my phone. >> Okay. All right. We'll take care of it. I'll I'll take care of it. Uh no, I'll read mine first, though. Uh
whereas uh NJSA484-87 provides that the director of the division of local governmental services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law
and the amount thereof uh was not determined at the time of the adoption of the budget. Whereas the director may also approve the insertion of an appropriation for the equal amount. Uh section one. Now therefore be resolved by the board of commissioners of the town of Mil County of State of New Jersey that hereby request the director
of the division of local governmental service to approve the insertion of an item of revenue in the budget for the year 2025 in the amount 250 $250,000. Which item is now available as a revenue from operating aid grant uh 2026 uh
pursuant to the provisions of the statute. Now section two be further resolved that like sum 250,000 v the same is hereby appropriated under the caption of general appropriation operations excluded from the cap department of community affairs
operating a 2026 or $250,000 and be further resolved that notification of the budget charges will be made by the chief financial officer to the dire director of the division of local governmental services through the electronic submission process. Second.
>> Deputy Mayor Evans. >> Hi, >> Commissioner Tucci. >> Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> Hi. >> Be resolved by the board of commissioners of the township of Nelly County of State of New Jersey. That
resolution 3 uh 315-25 adopted on November 17, 2025 entitled overpayment of utility charges is hereby rescended. I need a second. Second. Second. >> Deputy Mayor Evans. Hi. >> Commissioner Tucci. Hi. >> Commissioner Scarpell. Hi.
>> Commissioner Petraco. >> I. >> Mayor Kelly. >> I be resolved by the board of commissioners of the township of Nling County of Essex, State of New Jersey, that the treasurer is hereby authorized to refund overpayment of tax charges in the amount of $4,79348
for block 9300 lot one. So move. Second. >> Deputy Mayor Evans. >> Hi, >> Commissioner Tucci. >> Hi, >> Commissioner Scarpel. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> I be resolved by the board of commissioners attachment of Nelly
County, West State, New Jersey, that the treasurer is hereby authorized to refund overpayments of utility charges in the amount of $3,1245 for lot 346, lot three. So move. >> Second. Deputy Mayor Evans. >> Hi, >> Commissioner Tuchi. >> Hi,
>> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> I be resolved by the board of commissioners of the potential of Nutelli County of Essex State, New Jersey that in accordance with the provisions of RS484-58 following transfers of appropriations in
the 2025 budget B and the same are hereby authorized and approved from treasurer's office salary and wage $40,000 to treasur's office. $40,000. Be it further resolved that notification of these budget charges
will be made uh by uh budget changes will be uh made by the chief financial officer to the director of division of local government services through the electronic submission process. So >> second >> deputy mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi.
>> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> Hi. and for uh Mayor Kelly uh U resolutions number 34525 to 34625
uh we'll hold those we'll need a short executive uh before we address those two resolutions I'll I'll read the remaining three u whereas an application has been filed for a persontoerson transfer of plenary of retails consumption license
number seven 7 0716-33001009 here24 issued by AP FHA LLC doing business as or trading as uh COVID 94 for the premises located at 94 Bloomfield Avenue New Jersey 07110 and
where whereas the submitted application form is complete in all respects uh in all respects the transfer fees have been paid and the license has been properly renewed for the current license terms whereas the applicant is qualified to be licensed according to all standards established by the title 33 of the New
Jersey statutes regulations promagated there as well as pertinent local pertinent local ordinances and conditions consistent with title 33. Whereas the applicant has disclosed and the issuing authority reviewed the sources of all funds used in the purchase of the license and the license
business and all additional financing obtained in connection with the license uh premises. Now therefore uh be resolved by the board of commissioners of the township of Nelly County of State, New Jersey does hereby approve effective December 2nd, 2025 the transfer of the effort said plenary
retail consumption license to Buckfest LLC uh trading as Bevs and does hereby direct the municipal clerk to endorse the license certificate uh to the new ownership as well as this license subject to all its terms and conditions
is hereby transferred to Buckfast LLC. C effective December 2nd, 2025. So move. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Duji. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly.
>> I. >> Whereas an application has been filed for a person-toperson transfer of plenary retail consumption license for broad package privilege number 0716-32-20- 011. Beerto issued through GLLO Group
LLC uh trading as Bell Luch premises located at 507 Franklin Avenue, Nutley, New Jersey 07110. Whereas the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term.
Whereas the applicant is qualified to be licensed according to all standards established by title 33 of the New Jersey statutes, regulations promate there as well as the pertinent local ordinances and conditions consistent with title 33. Whereas the application applicant has disclosed and the issuing
authority reviewed the source of all funds issued uh used in the purchase of the uh license and the licensed business and all additional financing obtained in connection with the licensed business. Now therefore being resolved by the board of commissioners of attachment of
Nelly County of Essex state of New Jersey uh that does hereby approve effective December 2nd, 2025 the transfer of the aforet plenary retail consumption license with broad package privilege to OF Franklin LLC and does
hereby direct the municipal clerk to endorse the license certificate to the new ownership as follows. This license subject to all its terms and conditions is hereby transferred to O Franklin LLC effective December 2nd, 2025. So move second.
>> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> I >> last one. Whereas NJSA48 col4-87 provides that director of division of local residental services may approve
the insertion of a special item in the budget of any county or municipality when such item shall have been made available by law and the amount there of has not determined was not determined at the time of the adoption of the budget as the director may approve the insertion of any item of appropriation
for equal amount. Section one now therefore be resolved by the board of commissioners of the touch of no county of state of New Jersey. is hereby uh request the director of the division of local governmental services to approve the insertion of an item of revenue in the budget for the year 2025 in the sum
of $5,000. Which item is now available as revenue from community health uh mental health grants pursuant to the provision of statute uh section 2 be further resolved that the like sum of $5,000 be in the same hereby appropriated under the caption of
general appropriation operations excluded from cap New Jersey healthc care quality institute community mental health grant other expenses $5,000 be it further resolved that a copy of this resolution will be electronically filed with the division for direct with the
director for approval as required by Lisa. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Hi. >> Commissioner Scorpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. >> Hi.
>> We have a need for to go into a short executive to discuss uh two resolutions before we vote on them. >> Yes, Deputy Mayor. believe. >> I need a motion. Please >> move it. >> 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 where is the public bodies 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 be resolved by the board of commissioners of the township of Nutley move into close executive session to discuss contract negotiations. Be it further resolved that at the time when such discussions may be disclosed to the
public shall be when and such disclosures may be made without adversely affecting the township of Nutley pending and/or anticipated legal personnel contractual matters and other matters within the exceptions provided for by statute. This resolution shall
take effect immediately. Commissioner uh Deputy Mayor Evans. Hi. >> Commissioner Tucci. Hi. >> Commissioner Scarpelli. Hi. >> Commissioner Petraco. Hi. >> Mayor Kelly. Hi. >> The time is now 7:43. Thank you. Okay.
Okay. Okay, we're back on the record. Uh the time is uh Madame Clerk, what? 8 8 >> The time is uh 8 8:18. >> Thank you. Thank you. Uh
>> thank you. Um we're going to table uh resolution number 34625 uh to the uh next meeting and tonight we will move forward on resolution number 34525
uh which I'll read um is a uh as as such uh resolution for an agreement made between Northwest Essex Community Health uh Care Network, a nonprofit corporation here and after referred to as the agency having its principal place of business
at 570 Belleview Avenue, Belleville, New Jersey, uh 07109 and the township of of Nutley. or as the agency has agreed and functioned in the past to provide behavioral health care for residents of the of Nutley and will continue to provide such services in accordance with
the terms and conditions of this agreement. Whereas Nutley has agreed to make by annual uh grants of funds for the partial support and main maintenance of set services rendered by the agency to Nutley residents. Whereas it is agreed that one, the agency will furnish and
provide behavioral health services to residents of Nutley by professionally qualified personnel and will cooperate with other Nutlely community programs which deal with uh the provision of said services for the services rendered by the agency and described uh hereto for
during said contractual period of January 1, 2026 through December 31st, 2026. Nelly agrees to pay the agency a grant an amount not to exceed $20,000. The agency will provide a therapist once a week to see veterans, their family
members, and parents of active military children in need of therapy at the Department of Public Affairs and Health located 149 Chestnut Street, Nutley, New Jersey. four payments will on account of the obligation set forth shall be made by annually to the agency uh in in an an
amount to be determined by contract and approved by municipal or township attorney. Whereas funds will be available in account 60118209 in an amount of $20,000 and will be certified by the chief financial officer
set certification being subject to the adoption of the 2026 budget. Now therefore be resolved by the board of commissioners of the township of Lily County of Es New Jersey that the mayor and the township clerk will uh be and are hereby authorized to execute an agreement with Northwest Essex Community
Health Network. Be it further resolved that the parties here to have caused these uh caused these presents to be executed uh by their respective mayor officer and attested to uh by their respective municipal clerk or secretary
and their official seal to be fixed. uh here to assemble. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Tucci. >> Stain. >> Commissioner Scarpel. >> Hi. >> Commissioner Petraco. >> Hi.
>> Mayor Mayor Kelly. >> I. >> That concludes our formal business for the evening. Uh if uh if someone from the public wishes to come to the podium, uh madame clerk, would you please uh read the notice? >> Yes. Thank you. All persons addressing
the board of commissioners regarding community concern should approach the microphone and provide their name for the record. Unless further time is granted by the board, each person shall limit their address to 3 minutes. All remarks to the board and its individual members must be addressed to the mayor.
The mayor may defer citizens comments to the appropriate member of the board. Thank you. Um, my name is Rob Garber. I live at 387 Hillside Avenue and I actually have three questions. I'm not sure if they get direct as any individual and you may or may not have
the answers to the questions. Now, um, our community uh, our neighborhood is very grateful that the um that the u discussed u warehouse truck depot is not going into the Kingsland area. Um, that's very beneficial to our community.
Um my questions have to do with the um um with the data center that is currently planned and there's a big sign out front now says 65 megawws which from the research that I've done indicates the maximum amount of power that um can
be used at any one time which is equal to about it says tens of thousands of houses u from the research I've done the data center on river road uses about 1.2 2 megawatt. So um I few questions are um have there been electric and water
studies um about the facility how it will impact um our water access and also um our electric rates which have gone up in New Jersey as you know. Um has the BPU approved uh the plan yet? Um and
what are the plans for noise abatement? >> So uh thank you for your questions. are very thoughtful. Um there he is marketing for a 65 megawatt facility 250,000 square ft. We do not have a plan
in front of us at this point in time. It's it's early days on that. So there's really nothing before the board for consideration. We do have a redevelopment plan for that area which would allow for a data center to be there. period would not allow for any
form of housing or other elements warehousing or or things like that uh that would be there. Uh so uh you're you're in your questions in in the plan it does call for uh a noise study to
make sure that it's not it's not noisy but again one that hasn't been conducted yet because we don't have actual something to look at to to evaluate. uh we only have a plan. We don't have a uh what they call a redevelopers agreement
yet on that which is essential to be able to move forward uh on that and ultimately it would go before the planning board. Uh as far as the uh electric rates uh they're not determined by by locally by what one piece of
apparatus does to the grid and how much that assesses the Dutley residents. it's done more uh under statewide rates and you know the and the regional consumption. Uh so uh the issues around electricity are being addressed uh by
the governor uh of the state. Uh and there's much uh much to be debated on that as as it goes forward. Uh as far as water, nothing's been done on water yet. Will we have a chance to see the studies when they come out? And will we have a
chance to um voice our opinions on whether or not the um whether or not the facility is um should be in a residential community. >> So the there is a plan already to that
does allow for a data center to be there. uh and uh ultimately once the data center design is developed ultimately that has to go before the planning board for a site plan approval right but for site plan not for whether
or not it's an allowed use right that determination was made in the the uh the redevelopment plan that was adopted this past summer are there any restrictions in the plan as to size of the facility I know it's I know you said how many
acres However, there's a big difference between a 1.2 megawatt and a 65 megawatt uh facility. >> Yeah. So, it's it's basically the size of it is 250,000 square ft is what he's marketing, right? Which is two stories,
you know, and it does fit on on that property. >> That's really not the that's really not how data centers are measured. They're not measured in square feet. They're really measured in the amount of power that they consume at any given time and the amount and then the amount of water it takes to cool the facility.
>> Yes. And what and ultimately what is the ultimate dean while he's marketing one for 605 megawws and and by the way PSNG has already done a study that has the power available for that at that level. Right. That's with them. We don't have that report in front of us but that's
what what I've been informed. They've already made that determination. But you're correct. It's it's they have to make a determination of in this area, what's the size that ultimately fits for the nature of the uses that would be available. But none of that has happened
yet. Got it. So we're in So basically what I'm hearing is it's been approved to have a data center. None of the studies have yet been done and are to be done that will essentially be the the plan for the the sk the size scope and um
feasibility of that particular design in this particular space. Yes. Okay. Thank you very much. >> I I just want to clarify that it hasn't been approved for a data center yet. It's an the data center is an approved use. uh they still have to go before all
the processes before a data center is formally approved. >> So it's still possible that um a data center may not go in that space even though it's been approved. So the space has been approved for a data center. >> It's zoned it's zoned for
>> it's zoned for a data center which does not mean that it will necessarily be passed by planning. Right. >> Okay. That's helpful. Thank you. Thank you for the clarification. >> He's up here somewhere. >> Sometimes we feel the same way.
>> Seeing and no one else says we need a motion to adjourn. >> I'll move it and go to exactly. >> We do have a mean to go in close session. closed. >> Motion. >> Thank you. I need a motion.
>> Move it. Second. >> Thank you. 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 where is the public body 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 be a result that the board of commissioners of the township of Nutley move into close executive session to discuss contract negotiations. be
further resolved that at the time when such discussions may be disclosed to the public shelby when and such disclosures may be made without adversely affecting the township of not pending and or anticipated legal personnel contractual matters and other matters within the exceptions provided for by statute. This
resolution shall take effect immediately. Deputy Mayor Evans. Hi, >> Commissioner Tui. Hi, >> Commissioner Scarpal. Hi, >> Commissioner Petraco. Hi, Mayor Kelly. Hi. >> Thank you. Motion to adjourn.
>> Motion to adjourn the meeting. Second. >> Deputy Mayor Evans. Hi. >> Commissioner Tucci. Hi. >> Commissioner Scarpelli. >> Commissioner Petraco. Hi. >> Mayor Kelly. >> I. >> Thank you. And the time is 8:31.