Excellent. The father, are you ready? >> Uh, yes, deputy mayor. >> All right. Please read the notice. Thank you. Board of Commissioners public meeting agenda for Wednesday, November 5th, 2025. The time is now 7:03 p.m. 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 Nly Sun, the Herald News, and the Star Ledger. A copy of this notice has been posted on the Nutly Town Hall bulletin board, and a copy is on
file in the municipal clerk's office. Deputy Mayor Evans Commissioner Tui's absent, excused. Commissioner Scorpelli >> here. >> Commissioner Petraco >> here. >> Mayor Kelly >> present. >> Thank you. Minutes.
>> We have board of commissioner meeting minutes for October 7, 2025. I need a motion, please. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarfelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly.
Hi. >> Let's move on to communications. >> Thank you. We have three this evening. The Nutle Chamber of Commerce has submitted an event application for their 63rd annual Santa's arrival at the Nutley High School Park Oval on Friday,
November 28, 2025 between 1:00 p.m. and 3:00 p.m. The Van Riper House and Terra Costa LLC uh trading as uh uh Veridage uh Brew Brew Works has submitted a joint event application for their Ullet
Festival to be held on Saturday, December 6, 2025 at 491 River Road from 12:00 p.m. till 5:00 p.m. The rain is Sunday, December 7, 2025. Terracasta has also submitted an application for a limited brewery off- premise permit for
their yield tide event listed above. Motion please >> move it. Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpell. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly. >> I. >> And that's it for communications.
>> I see in reports that uh Commissioner Tucci has a report for the Sha Tree Department for the month of October. Uh let's move on to bills. >> Thank you. Bill list for November 5th, 2025. Public affairs 13,926.70.
Revenue and finance 7,92,15.98. Public safety $55,173.15. Public works $11,78.77. Parks and Public Property 917,2510. Water util uh water and sewer utility $57,380.31. Payroll as of uh October 24th. Regular
payroll total $982,185.33. Overtime payroll total $57,95644. Total payroll 1,40,141.77 for a grand total of $10,86,921.78. >> Move the bill. Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> I.
>> Mayor Kelly. I >> I'm sorry, John. Can you repeat that? I >> thank you. >> Thank you. And that's it for for bills. Deputy Mayor, >> thank you. Uh let's move on to uh public
comment on agenda items only. Is there anyone here tonight who wish to comment on our agenda items at this time? >> This is only for something that's on the agenda for tonight. Okay. >> We'll get there.
Seeing no one, uh, comm board of commissioner announcements. >> I could go first. >> You can. >> Thank you so much. We have a big audience tonight. And I, um, like to thank you. I like to just um, thank
everyone in public safety. You know, I always say this throughout the town. All of us do a great job in our departments. Um, you know, uh, with parks and wreck, they had their Halloween night. We had um trunk and treat at public safety. It
takes a tremendous effort. We um had probably over a thousand kids there. And it's great because it's a safe place to trickor treat and all that stuff. And we um always try to make announcements at that event to make sure on Halloween
you, you know, if you're out after dark, you know, make sure you have a flashlight, things like that. Um and so people could see you. So that was a great event. public safety. The second thing I want to say is I want to thank all the residents up on Prospect Street.
Also, um the contribution they make for Halloween candy. I mean, people give over out over 1,500 pieces of candy at some of those houses. So, that's really um honorable of them to do that. And I really want to give a special thanks to
public safety because the job that they did throughout the town, having all the crossing guards out that night um blocking off streets um from, you know, with the pro uh Prospect Street event, you know, really really I walked through um Prospect
Street and I walked through all I didn't walk through but I drove through a lot of the streets um that really this having caution guards I want to thank our fire department. You know, usually our fire department are there for EMT services and um you know
putting out fires and and calls like that. Even the fire department went out to help block off roads and um even our EMTs, our ambulances were out there blocking off roads. this side. So, it was just really nice to see all of the
town workers, if it was other departments, as well as public safety also doing a great job. I mean, but to have an allout night in public safety where everybody got involved to ensure the safety of our kids, it was just um something in the all the years that I'm
up here. It was really nice to see that everybody um was all on board about keeping our our our kids safe. And thank God there was no incidents and you know I just want to thank them again. Thank you deputy mayor. >> Well said. I think congratulations are
well warranted. Obviously your leadership is there making sure people do what they need to do and uh it's important that in public safety not only do we demonstrate our ability to respond to an emergency but also be there to be friendly and open with the public. So
it's very valuable to do. So nicely done as always. Uh, Mayor Kelly. [Music] >> Yes. Thank you. Um, I know uh one of the things that's concerning a
lot of people uh especially this month is the funding of of SNAP food benefits. Uh, and I just want to say that uh, we we as a township will always come together and make sure that anyone in
need has whatever they need to to survive. Uh, and I just wanted to give a reminder that's uh, maybe even more poignant uh, this year than most years uh, is that we're doing our annual Veterans Day ruck march. Uh we're doing
it twice this year. Once on Mar November 8th, 2025 at 10:00 am for more intense pace. Uh and then again uh on November 11th immediately following the Veterans Day ceremony
uh which is at 11:00 a.m. for a more moderate paced event. Uh for those of you unfamiliar with a ruck march, it's a march with a a weighted backpack. uh to commemorate what soldiers, marines, sailors, airmen have to to do cuz uh you
know the the fight doesn't always come to you. You got to go to the fight and carry all your gear. And the suggested weight for those backpacks is 22 canned goods. The 22 represents the 22 veterans a day who take their own lives. And those canned goods would be immediately
donated to the Nelly food service food pantry. Uh and there's other ways you can get involved, too. Uh you can make a monetary donation to any food pantry. Uh donate grocery gift cards. Uh
host a food drive at your nearby workplace or school. Support the Nelly High School football team and their food drive at Nelly Family Service Bureau at November 15th. Uh and share your free turkey at at Shopright for for those in need. Um,
and lastly, uh, it's starting to get a little chilly out. Uh, the Department of Public Affairs will be partnering with Nutly Pride for a coat drive. If you if you have any, uh, unused or, uh, coats that you don't want anymore, uh, please
consider donating them at the Department of Public Affairs. Uh, we'll be collecting them in conjunction with the the Netley Pride organization. Thank you. >> That's great, Mayor. Um uh it's wonderful that uh we're doing all those things. I I would add I I
spoke to uh the Nutle Family Service Bureau uh today. Uh in addition to what we you know the town always does wonderful job when it comes to Thanksgiving um providing meals. uh what they had shared with me was that uh
their concern is that they won't have enough food uh to provide balanced meals uh for the residents that that need it. And they're seeing an increase in the volume of request. Balance meaning that
uh providing you know a food basket that has protein in it, vegetables, fruits, other things that go with a balanced diet in smaller sizes that they can be broken up and divided uh for families. So uh I would echo everything you said
uh mayor and just uh put a point. It's just a time not just to think about Thanksgiving, but to make sure that uh we're doing everything we can. And just as you said, uh those gift cards can go a long way simply because the food bank
is equipped to go purchase the things that they need in the sizes that they need uh to make sure that it it actually gets maximum benefit. So I echo every everything that you raised. >> Thank you.
I don't see uh any ordinances tonight. Uh let's move on to resolutions. Commissioner Scarpelli, would you and Commissioner uh Petraco divide up Commissioner Tuis? >> Yeah, I'll take the first five. Deputy mayor,
[Music] where's the Department of Parks and Public Property determined due to unforeseen circumstances, families had to cancel participation in programs offered? Whereas Department of Parks and Public Property has determined a need to refund families. Now therefore be resolved by the board of commissioners
township and nutley county of Essex state jersey that's treasur and is hereby authorized to refund payments for recreation programs the amounts listed below and move the resolution. >> Deputy Mayor Evans >> I >> commissioner Scarpelli. >> Hi. >> Commissioner Patco.
>> Hi. >> Mayor Kelly. >> I resolve the board of commissioners township county state of New Jersey. The township clerk is hereby authorized to advertise for seal bids for surplus equipment that is no longer in use by the township. The equipments and
vehicles are listed below. One, a 2020 Can-Am Defender. Two, 2012 GMC Canyon. Be it further resolved that the B equipment is available for inspection on weekdays between 7 a.m. and 2 p.m. Be it further resolved that the equipment is to be sold as is and where is and bids
are to be received on Tuesday, November 25th, 2025 by 11:00 a.m. prevailing time in the commission chambers township Paul Kennedy Drive, New Jersey at which time there will be publicly open and read. Move the resolution. Deputy Mayor Evans. Hi. >> Commissioner Scarpelli. Hi.
>> Commissioner Petco. Hi. >> Mayor Kelly. I >> whereas Department of Parks and Public Property has determined that there is a need to contract for electrical services as a fair and open contract process pursuant to NJSA1941-20.4 and whereas the municipal clerk is
hereby authorized directed to adversize for sealed bids for electrical services. Now therefore it be resolved by the board of commissioners township county of Essics state New Jersey that seal bids shall be due on Tuesday November 25th 2025 at 11 am prevailing time addressed in municipal clerkly township
Paul one Kennedy drive New Jersey at which time they will be publicly open and read and move resolution >> second. Deputy Mayor Evans. >> Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> Hi. >> Where's the Department of Parks and
Public has determined the need to bid for recreation uniforms, equipment, and supplies as a fair and open contract process pursuant to NJSA194420.4 and whereas the municipal clerk is hereby authorized and directed to advertise for seal bids for recreation
uniforms, equipment, and supplies. Now therefore be resolved by the board of commissioner town penalty in the county of Essex that the township clerk is authorized to advertise for seal bids for recreation uniforms, equipment, supplies, and that the bid should be due on Tuesday, November 25th, 2025 at 11:00 a.m. prevailing time addressing the
municipal clerk, Delta, one Kennedy drive, Nley, New Jersey, which time they will be publicly open and ready to move the resolution. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpell. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. I >> where is department of parks and public property has a need to acquire services
of a qualified tree removal service supplies as a as a fair and open contract process for sar NJSA 194420.4 Four. And now therefore we resolve that board of commission township county state of New Jersey and the township clerk is hereby authorized to advertise
for seal bids for the removal of township trees throughout the town and said bid shall be due by Tuesday November 25th 2025 at 11:00 a.m. prevailing time addressing the municipal clerk Delt Hall Kennedy Drive New Jersey at which time they will be publicly open and read. I move the res
>> second. >> Deputy Mayor Evans. >> Commissioner Scarpel >> I. Commissioner Petraco >> I. >> Mayor Kelly >> I. >> That's the uh first five. Deputy mayor. >> Thank you. >> Okay. Whereas a resolution was adopted
on February 18, 2025 awarding contract to Advanced Mechanical Corp 9 Fostrom Connecticut, New Jersey. Um and whereas the agreement entered on into the bid spec specifications between advance mechanical corp and township of
Nutley on January 1st, 2025 was for the period of one year with adoption to be extended not to exceed 2 years. And whereas funds are available in account number 6-01508200 not to exceed 30,000 and capital ordinance number 3594 in the amount of
90,000 for the year pending adoption of the 2026 municipal budget have been certified by the chief financial said certification being attached to this resolution. Now therefore be resolved that the tension of Nutly renew the contract with advanced mechanical corp
um I'm sorry was 9 from Court of Safe New Jersey um for heating, air conditioning, refrigeration services and purchase pursuant to the previously signed agreement. I move it. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi.
>> Commissioner Petraco. >> I. >> Mayor Kelly. I >> whereas a resolution was adopted on February 18th awarding contract to Essis County all clear LLC 54 Greylock A bevel New Jersey and whereas the agreement entered into the bid specifications
between Ess's County All Clear LLC and the township in Daly on January 1st 2025 for a period of one year with the option to be extended not to exceed two years and whereas the funds are available from account number 601508200 not Tixie 10,000
and capital ordinance number 3594 in the amount of 80,000 for the year pending adoption of 220 2026 municipal budget and have been certified by the chief financial officer said certification being attached to resolution now
therefore be resolved by patchy renew the contract with s county or clear LLC 54 corville New Jersey for the plumbing pursuant to the previously signed agreement I move it Second. Second. >> Deputy Mayor Evans. >> Hi.
>> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly. >> I. >> Whereas the resolution was adopted on February 18th awarding contract Gab Gabriel Roofing and Siding Inc. 125 Kel of Nutley, New Jersey. And whereas the agreement entered into the bid spec
specifications between Gabriel Roofing and Siding Inc. in Township of Nutley on February 18th, 2025 was the period for one year with the option to be extended not to exceed two years and whereas the funds are available from account number 601508200
in the amount of $10,000 capital ordinance number 3594 in the amount of 90,000 pending adoption of the 2026 municipal budget not to exceed 100,000 for the year and have been certified by the chief financial officer set certification being attached to this
resolution Now there be resolved by detention for Nly renew the contract Gabriel roofing and sighting inc 125 killey New Jersey pursuant to previously signed agreement. I move it >> second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi.
>> Commissioner Petraco. >> Hi. >> Mayor Kelly. I >> be resolved by the board of commissioners township in LA County New Jersey that accordance with the provision RS484-58 the following transfer appropriation
into the 2025 budget B and the same are hereby authorized and approved from health insurance 501526242 150,000 to utilities electric and E50529 200 for an amount of 150,000 I move it Second. >> Deputy Mayor Evans.
>> Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petro. >> Hi, >> Mayor Kelly. >> Hi. >> Thank you. Thank you, Commissioners. U John, I'll do mine and then you then you'll go. Okay.
>> Okay. >> Uh my first resolution is is for a veterans exemption uh for total disability. Just in light of the fact that Veterans Day is next week, uh I've been reading these into the record and
we've been adopting these uh for as long as I've been a commissioner, which has been 23 years. Uh I just want to acknowledge that you know every time this comes up uh this board has unanimously voted and authorized uh
these exemptions recognizing the service and the sacrifice that uh our veterans have made. So in just in light of in fact the veterans day is next week I think it's worth mentioning that we consistently do that as as a combined board. Whereas the the state of New
Jersey statute and 54.3 provides that war veterans who were honorably discharged from active service in a time of or in any branch of the armed services of the United States who have been or shall be declared by the United States Veterans Administration to be 100% totally and permanently disabled
connected with their wartime service of full tax exemption of their dwelling and the lot on which it is situated. And whereas the following taxpayer has filed an application for allowance of a full exemption with proper supporting documentation, thus making the taxpayer
eligible. And now therefore be resolved by the board of commissioners of the township of Null County of State of New Jersey that Anthony Santoro be granted full exemption from the payment of property taxes from October 16th, 2025 and all subsequent years thereafter on
the property identified as block uh 4103 lot 8, also known as 15 tennis place. So move >> second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarfelli. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly. >> I. And thank you for your service.
Whereas the township of Nelly has a need to acquire the services of a professional real estate appraiser to assist with real estate appraisals, tax appeals, and tax court appearances and to complete the necessary procedures to ensure the capture of added assessments arising from ongoing improvement activities in the township of Meli as a
non-fair and open contract pursuant to the provisions of NJSA 1944A uh-20.5. And whereas the tax assessor has determined and certified in writing that the aggregate of the uh services provided by the vendor for the year will
exceed $17,500. Ras Hendricks appraisal um LLC 7 Hutnav West Orange New Jersey has submitted a fee schedule for providing such services. total which is not to exceed uh $25,000
and this was negotiated as a reduction of $10,000 over the previous year whereas the anticipated term of this contract is for 12 months uh January 1, 2026 through December 31st, 2026. Whereas funds will be
available from account 601204 205 and will be certified by the chief financial officer subject to the adoption of the 2026 budget. Whereas Hendrickk appraisal has completed and submitted a business entity disclosure certification which certifies that they have not made any reportable
disqualifying contributions to a political or candidate committee in the title not 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 the business entity disclosure certification and determination of value
be placed on file with this resolution now therefore be resolved by the quarter of commissioner's attachment Nelly. Uh, it authorizes the mayor to enter into a contract with the municipal clerk or Hendricks appraisal LLC in an amount not to exceed $25,000. So move.
>> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. I >> uh my next resolution is uh is similar for the uh uh in the municipality when
uh we have to do tax court appeals and we need to be represented by by an an attorney. Um uh so uh this is a non-fair and open contract pursuant to the provisions of NJSA 1944A 20.5 whereas
Joseph Mcloan esquire of the law firm of Rotulko located at 14 Village Park Road Cedar Grove New Jersey has submitted a fee schedule for providing such services the total of which is not to exceed $42,000 the anticipated terminated contract is January 1, 2026 through
December 31st 2026 whereas the law firm of Oulkrie has completed and submitted a business entity disclosure certification which certifies that they have not made any reportable disqualifying contributions to a political or candidate committee in the town of the
in the previous one year and that the contract will prohibit them from making any reportable contributions through the term of the contract where funds are available in the account 601204200 will be certified by the chief financial officer subject to the adoption of the
2026 budget. Now therefore be resolved by the board of commissioners of the township of Nelly County of state of New Jersey that the mayor and minister clerk are hereby authorized to enter into a contract with Joseph Mclo esquire uh as a professional service in an amount not
to exceed $42,000 be further resolved that a copy of this resolution as well as a contract shall be placed on file with the clerk of the township and a notice in accordance with the public contracts law of New Jersey in the form attached to year two shall be published in the Netley Sun move.
>> Second. >> Deputy Mayor Evans. >> Hi, >> Commissioner Scarpell. >> Hi, >> Commissioner Patco. >> Hi, >> Mayor Kelly. >> Sorry, some technical difficulties on muting. I >> Okay. Whereas there exists a continuing need for the by the board of
commissioners of the township of Nelly for legal counsel to provide legal services related to the township's affordable housing requirements through a non-fair and open contract pursuant to the provisions of NJSA 1944A uh-20.5
whereas English and Taylor 600 precipany road sweet 204 precipany has a and continuously provide these services and has provided a fee schedule uh which reflects no changes for the prior period
uh for changes for the period January 1, 2026 to December 31st, 2026. Uh as well as an attorney on staff shall be paid a rate of $215 an hour for legal services and $100 for services performed by a parallegal. Total amount of for services
rendered to this resolution shall not exceed $15,000 in the aggregate which amount to not include any fees to be reimbured via developer escros or otherwise. Whereas funds are available for this purpose from the co- trust account and certification uh and the
account t 26909902 and certification of funds has been provided by the chief financial officer whereas Johnino has completed and submitted a business entity disclosure certification certifies that he and the firm have not made any disqualifying
reportable contributions to a political candidate or a candidate committee in the township in the previous one year. that would violate either NJSA1944A uh 20.5 or the township's local uh unit uh local unit pay or New Jerseys
election uh law enforcement commission disclosure requirements and that the contract will barb uh John Englesino of Taylor Engles Taylor uh and the other attorneys that work uh for the township from making any reportable contributions
through the term of the contract now therefore be resolved by the board of commissioners of the township of Nelly in accordance with local public contracts law to hereby authorize the mayor and clerk to execute seal and deliver a contract to John P andino of the firm of Engles Taylor pursuant to the provisions uh of
NJSA 1944A20.5 for an amount not to exceed $15,000 at the stated hourly rates for the 12-month period noted above be further resolved this resol resolution shall be published
as required by law uh and the business disclosure certification and business entity disclosure of campaign contributions shall be placed on file with this resolution. So move >> second. >> Deputy Mayor Evans >> I. >> Commissioner Scarpelli >> I. >> Commissioner Patco >> I.
>> Mayor Kelly >> I. uh this resolution. And my next one uh is a resolution of the township uh by the township u and on behalf of the board um for authorizing engagement of
Engleino and Taylor as council for the township concerning compliance procedural and general uh legal issues u principally related to uh open public records act called OPRA under NJSA 47
col18.1-1 at ESK and Open Public Meetings Act NJ Njs say 10 col4-6 at uh otherwise known as OPA uh and other general legal matters as may be determined and directed by the township. Uh whereas the
above needs are for certain specified professional services to be rendered or performed by a person or persons authorized by law to practice a recognized profession whose practice is regulated by law within the meaning of NJSA28 col1.1.
Whereas the performance of said professional services requires knowledge of an advanced type in the field of learning acquired by a prolonged formal course or specialized training study as determined from the general academic instruction or apprenticeship and training. Rest funds are available for
this purpose in account 601 uh 012205 subject to the adoption of the 2026 budget and a s a certificate of availability of funds has been filed by this chief financial officer of the township of not in accordance with local public uh budget log whereas services
rendered pursuant to this resolution shall not exceed uh $75,000 which is is not a change. It's the same amount for 26 as it was in 25. Whereas the English Taylor, they have completed the business
entity disclosure uh as stated uh previously uh and now therefore be resolved by the board of commission of the township of Mel that in accordance with local public contract law is hereby authorized and approved the award of a professional service contract to the firm of Engle Taylor pursuant to a non a
fair and open process in accordance with the provisions of NJSA 1944A20.5 as legal council in accordance of the contract for the professional services which shall provide legal uh counselor and or attorney and staff shall be paid
an hourly rate of $215 an hour for legal services by attorneys and an hourly rate of $112 $100 for power power legals or law clerks. Further resolved that the chief financial officer has executed the certification of funds uh for the contract and that sufficient funds will
be available for set contract subject to the adoption of the 2026 budget for the resolve that the services rendered pursuant to this resolution shall not exceed $75,000 in the aggregate. Further resolved that the anticipated term is 12 months beginning January 1, 2026 through
December 31st, 2026. It's further resolved that the mayor and clerk are hereby authorized and directed to execute, seal, and deliver set contract for professional services on behalf of and in the name of the township and further resolve that the business disclosure entity certification and business entity disclosure of campaign
contribution shall be placed on file with this resolution. Further resolved that a copy of this resolution shall be published as required by law within 10 days of its passage. So move. >> Second. >> Deputy Mayor Evans. >> I. >> Commissioner Scarpelli. >> Hi. Commissioner Petraco >> I.
>> Mayor Kelly >> I. >> Thank you. Mayor, you're up. >> Thank you, Deputy Mayor. Uh, first one I have on this evening is resolution number uh that can't be right. Uh, I'll
skip the resolution number. Uh, whereas this is on behalf of the entire board of commissioners. Whereas the board of commissioners have unanimously agreed to continue to allow 14 holidays, 14-day holiday schedule for 2026. Whereas in 2025, the holiday schedule will continue to include one floating holiday where the township employees will have the
ability to choose between either Junth, June 19th, 2026, or election day, November 3rd, 2026. Whereas to allow sufficient time to accommodate this flexibility, all employees shall not notify and obtain approval from their department head by April 30th, 2026 as of their elected
holiday. Whereas whereas where multiple requests have been made for a given holiday, seniority rules will apply to ensure the township shall maintain necessary service levels for our residents. Whereas holidays do not accumulate and cannot be carried forward to a subsequent year. Whereas
holiday schedules as negotiated respective collectively bargained labor contract shall take precedence over holiday schedules contained therein. May therefore be resolved by the board of commissioners of the township of Nelli County of Esex, New Jersey that the following days shall be considered paid holidays and the the list of holidays is
attached to the resolution. I move the resolution. >> Second. >> Deputy Mayor Evans. >> Hi, >> Commissioner Scarpell. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. I the next one I have on for this
evening is also a uh one by the entire board of commissioners and this is the 2026 board of commissioners. The public meeting schedule be resolved in accordance with the open public meeting act chapter 231 of the public laws of 1975. The public meetings of the board of commissioners of the township of
Nutley County of Essex state of New Jersey are held the first and third Tuesday of every month. Please take notice that the public meetings of for the year 2026 will be held on the following dates in the third floor of the commission chambers of the township of Nutle municipal building located at 1
Kennedy Drive at 7 p.m. at which time formal action may be taken. Please take notice that the governing body of the township county of the state of New Jersey may require an executive session at any given meeting listed below in accordance with the New Jersey statutes annotated title 10 chapter 412. The governing body will adopt the resolution
at the opening meeting indicating the reasons for going into the executive session. No action will be taken in the executive session. Please take further notice that the board of commissioners and township may hold an end of the year meeting on Wednesday, December 31st, 2026 at 9:00 a.m.
Township of Netley municipal building, third floor commission chambers, 1 Kennedy Drive. Uh formal action may be taken. Uh the list listed dates for our commission meetings are attached to the resolution. I move the resolution. >> Second.
>> Deputy Mayor Evans. Hi, >> Commissioner Scarpelli. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> Hi. >> Uh, the next one I have on for this evening is, uh, designating November as
diabetes awareness month. Whereas, according to the International Diabetes Federation, 11.1% of the US adult population aged 20 to 79 years will have diabetes, which translates to approximately 59 million people. Whereas 90% of that population will have type 2 diabetes and 10% will have type 1
diabetes. Whereas the percentage of Americans with diabetes age 65 and older remains high at 29.2% while 1.2 million cases are diagnosed every year. Whereas in New Jersey approximately 9.5 to 9 to 10.5 or 746,400
to 792 400 in the 792,400 individuals have been diagnosed with diabetes. Whereas the theme of this year's World Health Organization Day is diabetes across emphasizing that
every person living with diabetes should have access to integrated care, supportive environments, and policies that promote health, dignity, and self-management. And therefore, it be resolved that the board of commissioners of the township of Nelli County state declare November as National Diabetes
Awareness Month. Recognize November 14th as World Diabetes Day. be a fur for the result that we urge all residents to educate themselves on the cause and effects of diabetes and how complications can be prevented or delayed by properly managing blood, glucose, blood pressure and cholesterol
level by eating healthy and being physically active and to quit smoking. So moved. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner BCO. >> Hi. >> Mayor Kelly. Bye.
Uh the next one I have on this evening is on behalf of the entire board of commissioners. Uh whereas the township of has the need to retain a survey surveyor to provide topological surveys primarily related to the ongoing redevelopment of Kingsland Street blocks
300 lots 1.06 and 1.07 in the township of Nelly as a non-fair and open contract pursuant to New Jersey statutes annotated title 42 44 alpha 19.4 4 and 20.5. Uh whereas Bowman Limited located at six
campus drive for Cip, New Jersey 07054 has submitted a proposal to provide such services at a cost not to exceed $7,850. Whereas Bowman Limited has completed and submitted a business entity disclosure certification which certifies they have not been made any reportable disqualifying contributions to any
political or candidate committee in the potential Nutell in the previous one year in the contract will prohibit them from making any reportable contri contributions to the term of the agreement whereas the term of this agreement shall be for six-month period beginning uh November 5th 2025 and ending April 30th 2026 whereas funds are
available from the uh KA trust account number T2699-902 have been certified by the chief financial officer. Now therefore it be resolved that the board of commissioners townelli county of Essex New Jersey does hereby authorize the mayor municipal
council to municipal clerk to enter into a contract between the township and Bowman limited to provide necessary topographic surveys for an amount not to exceed 7,850. A copy of this resolution will be advertised as required by law and said copy will be on file with the township clerk. So moved.
>> Second. Deputy Mayor Evans. Hi, >> Commissioner Scarpell. >> Hi, >> Commissioner Petraco. >> Hi, >> Mayor Kelly. >> Hi. >> And the last one I have on for this evening is a uh board of commissioners is is a a resolution by the entire board of commissioners. It's a resolution of
the board of commissioners al authorizing the planning board of the township of Nelly to conduct a preliminary investigation of a certain property within the township for potential redevelopment where the where New Jersey statutes annotated title 40 alpha 12 alpha-6 authorizes the
governing body of any municipality by resolution have its planning board conduct a preliminary investigation to determine whether an area of municipality is a non-condemnation area in need of redevelopment pursuant to certain criteria contained in the statute. Whereas the board of commissioners considers it to be in the
best interest of the township to have the township planning board conduct such an investigation of the area identified as block 102 lot nine on the township's official tax map and located at 300 Kingsland at Kingland Street. Collectively the property whereas township believes the property has is a
potentially valuable for contributing to serving and protecting the public health, safety and welfare and for the promotion of smart growth within the township. uh whereas the preliminary investigation would designate to evaluate the area uh in and with the criteria in New Jersey
statutes annotated 40 alpha 12 alpha-5 whereas a subject to the results of the preliminary investigation uh if so made by the board of commissioners to authorize the use of those powers under the local redevelopment housing law now therefore be resolved by the board of
commissioners of the township of Nali as follows. The planning board of the township is hereby directed to conduct a preliminary investigation to determine whether the affirmation property or any portions thereof constitute a non-condination area need of redevelopment according to the criteria set forth in New Jersey statute
annotated 40 alpha uh chapter 12 alpha-5. The planning board of the township of Nutley is directed to study the area identified as block 102 lot 9 in the official tax map of the township to develop a map reflecting the boundaries of such proposed non-condination redevelopment area to
provide public notice and conduct public hearings pursuant to the statute and a draft report to the board of commissioners containing its findings. The results of such a preliminary investigation shall be submitted to the board of commissioners for review and consideration determining whether to declare the property or any
portion thereof a non-condemnation area and need redevelopment in accordance with the statute. Uh I move the resolution. >> Second. >> Deputy Mayor Evans. >> Hi. >> Commissioner Scarpelli. >> Hi. >> Commissioner Petraco. >> I. >> Mayor Kelly.
>> I. >> That concludes the formal business we have tonight. We now open it up to anyone wishing to make a comment this evening. Please approach the mic. Madame clerk, would you read the notice? >> Yes. Thank you. All persons addressing
the board of commissions regarding community concerns should approach the microphone. Provide their name for the record. Unless further time is granted by the board, each person shall limit their address to three minutes. So remarks of 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. Good evening everybody. Uh my name is Swain Nagel. Um you know I'm sure most of you are familiar. I stopped in earlier um say two weeks ago. Um to introduce who I am. Um I am actually uh
the Pokémon Go Ambassador. Um we run a lot of events. Well, I don't want to say we run a lot of events, but we actually play the game very frequently here at these parks. Um we um we approached um I want to say we approached the office pretty recently. Um we're looking to
more closely work with uh the township at a as a whole. Uh we recognize that our groups tend to bring in a lot of attendance to the park. Um this is bringing a lot of attention especially to the local police departments as well as some of the residents in Nutley, New Jersey. Um we're mostly here to just
kind of clarify what it is that we do. Um I believe when I spoke earlier about what it is that I do, um I incorrectly stated that we actually host these events. Um, essentially what this what this app is, it's a global app. Um, people around the world play. Um, the
events itself are actually hosted by the game company. Um, I I hold a non-paid sponsorship with with the company Niantic that runs these games. Um, they put up these events in the game itself, which is enjoyed and played by people around the world. Um, there's many
different counties that play. There's people in um, up to Marstown over here, Maplewood. There's many different groups. We just happen to be one of the largest and one of the most popular. Um we more or less um instead of the word hosting, I want to clarify that we more
or less facilitate these groups. Um because when these events happen, um people will show up to the parks regardless whether I'm present or I'm not. Um but because of the amount of people that show up, I more or less kind of help myself and my team rather kind of help facilitate it to make sure that
people are playing safely. Um we don't want to cause any headaches for everybody abroad, right? Um we believe that what we bring is a very positive thing to the community. Um we know a lot of families that come together to play this game. There's uh many people that met each other, formed friendships,
formed relationships. Um very incredible stories that we've heard over the years. Um and we want to kind of bring that more officially to you guys to see if we can host it in a more official fashion. Uh we work very closely with a lot of the local businesses as well. Um there's
a lot of restaurants that will collaborate with us because during these events we always like to we like to find ways to how to give back to the community as large. Um you know we're not here to just take park space um you know utilize the game. We want to try to find ways to benefit Nutley as a whole
um as we're doing this. Um I've partnered with Amelios. I partnered with um uh Urban Leaf Cafe for two examples. Um those guys work very closely with us. We've done donation drives. We've done a toy drive last year with the Chief family. We brought in um a lot of
donations from these events that we we utilize to kind of give back cuz uh we we recognize that even though we're bringing a lot of people in, we want to show the benefits to that as well. Um I don't know, Mike, if you want to add anything to that. No, that was pretty much it. But we just wanted to know
because we were contacted by the township attorney to set up an event, but we're technically not hosting an event. We're just gathering at the park. People will gather no matter if we if we tell people we're there or not. The only difference is we want to make sure that
people are staying safe. Like we provide water for people and such for these events just to make sure everybody's not annoying other people that are in the park enjoying it as well. That's it. >> Yeah. Um I I think one of the attentions that brought to us, for example, to um
to just kind of go off of Mike was saying, um sometimes we we actually have a tent that we put at Memorial Park. Um that tent is not used um we we don't uh solicitate, we don't ask for money, we don't do any of that. Um that tent is more or less for like a checkpoint for players that come through the park to
make sure that we're ensuring that people are on the move, keeping walkways clear. if they're stopping for any reason, they're standing on the grass as opposed to standing in the walkways blocking people or anything like that. Um, I believe that's what where the spotlight has been coming down on us more. I believe some of the town
residents have been a little bit concerned about what that tent is. They they're not really understanding what it is that we're doing. Um, but that is more or less uh what we do with that tent. We just kind of use it as a checkpoint. Um, we give out free water for especially during the hotter weather. Um, you know, safety is a big
thing for us. So, we just want to make sure people are playing safely, uh, safely. We don't have people passing out in the parks, getting hurt, uh, causing any liabilities at all across the board. Um, we've even gone so far as to make a digital parking map because parking is another thing that we've been hearing
over time. Uh, we understand, uh, the game does not condone, um, gameplay by car. Um, I I kind of want to state that. Also, myself and my team, we never encourage that. Um, before we do any of these events, we always encourage number
one, stay by the road rules. Do not be playing by car, do not be parking illegally, keeping 25 ft from the crosswalks, etc. So, we do our best to kind of make sure everybody attending these events are is doing so the correct way and not just disregarding rules
because whatever reason they choose to. >> Thank you for that. Um I'm a little bit confused because um you're not organizing the event. Somebody else out of state is organizing
it or notifying people to to come to Nutley as an organizing point. Somewhere along the way there's a communication and at some point there is a there's a designated spot where people are going to meet I assume launch from there to go around and and play the game. um you're
providing uh water, you're providing guidance, you know, in u in in Nutley uh that has enough organization to it to uh to be in effect and not in a positive way is you know basically the town is
then notified uh of this event happening for public safety reasons. uh you're not staying in one spot. You're moving about town. You're crossing streets and in volume. You know, there's there's traffic implications to that. There's safety implications uh to that that um I
think need to be thought through to give consideration. The fact that, you know, Nutley is a welcoming place and that we have a park system and we have things that allow things like this to happen. Uh we just uh in my just my view, one view, and I I'll let the commissioners
speak. uh and the mayor speak. Uh we just want to make sure we're doing it the right way for the benefit of everybody. >> I absolutely agree and um this is one of the reasons I came forward because we we want to make sure we're going that path. Um that that is something you know that that matters to me especially and um you
know again we we're not trying to cause problems. So, we're looking how can we work more closely so that we can uh mitigate these issues or try to work um towards making it safer so that it's it's not causing these issues at all if if any. >> But we do not we do not host any of the
events. We do not make any of the events uh in the game. The game completely makes it completely. We do not have any um way to tell them when to host the events or how to host the events or give them a time or anything. We the only thing we can tell people is where we're
going to be during the event. >> For example, there's no like rain dates or such. So, if an event takes place, um it it's uh it encourages um real world locations, um historical spaces especially, which is what Nutley offers. >> How many people participate?
>> Um it varies. Um we our events, the bigger scale events, um get upwards to about 500 to 600 people. And we're talking about these are like the bigger scale Um these bigger scale events take place annually maybe three times a year. Um I also work very closely with the
Westfield Garden State Plaza Mall in Pamis. Um we worked out something with those guys there because uh under blue law they have no business on Sundays. So our events have been bringing upwards about 700 800 people and it's bringing them revenue. It's bringing them um a
lot of benefits to to their uh to their ends there for the movie theater, for the food courts there, and it also kind of benefits the players to have a more indoor location, especially during the colder weather. >> Um >> Okay. Yeah. >> So, sounds like it could be a large group.
>> It it can be and it very it very much varies. So a large group just shows up >> right somewhere and starts moving about town. You can imagine that residents would want to know what that is, what's going on. >> Absolutely. >> So that's that's what I'm saying. So our
we have a responsibility to make sure that you know we're communicating and we're aware of that and that it's not a you know a stop drop and go type thing. So the only concern we have is that even if we do not like if we did nothing at all, if we
did not help facilitate the event, people will still be coming to the parks in big numbers like to play the game because it's a historical park and you have a lot of historical >> spots in it. So people will be attending even if we don't host it. We just take upon ourselves to facilitate it.
>> Yeah. And I'm not questioning what the value of it or anything like that or the enjoyment of it. It's just a question of the size, >> right? And the some of the safety considerations and the communications considerations uh because we have an
obligation on that side and so I don't have an answer for that but commissioners any further comment. >> Yeah, I I was interested about how many people when they said 500 I >> that's also only >> I understand it's not all the time. Um
and and I think as a as a board of commissioners, we don't want to discourage you because I think it does bring in u some business to our our businesses and some recognition of our parks. But at the same time, I think you
can understand our concern for safety also. And um I don't know what the answer is, but maybe it's just giving a list of dates of when it's going to happen. So the police are aware, parks
department's aware of those dates. I I don't know, Mr. Bruno, what the the original concern was to bring them. Um I'm sure there was some concern otherwise they wouldn't be here. >> Yeah. So uh a lot a lot of communication
has come to me uh from various places the parks department police department uh number of uh I guess concerns regarding the event the events I use that term loosely themselves and the
traffic uh people etc. I guess there have been some police related incidents and the question was you know does this qualify as an event and in our analysis based on what was happening you know it
under our definition of an event it would. So I directed them uh to to proceed with an event uh permit for all of the reasons that we outlined here. So, I think uh uh it's it it's something that we could
probably work through. I would I would encourage you to meet probably uh with the commissioner of uh parks and wreck. I would encourage you to set up some time with uh the public safety uh director because those are probably the
two departments that will be impacted the most by these uh these uh gatherings. >> Yeah. and and then that the municipal clerk should probably participate because all the notifications come through the clerk's office. So setting up communication would be valuable.
>> I I would be more than happy to do that. Absolutely. >> I have a comment if you don't mind being the public safety guy and it seems like that's been on the table. I think I should have a little comment. >> Absolutely. >> The first thing I want to say to your group is first of all, thank you for
waiting. Thank you for being so respectful and looking to partner with us and being, you know, respectful to our board, you know, and and thank you for coming here and be willing to have a conversation because in today's world, we don't see that too much, you know,
and I have to tell you, I I really appreciate that. Um, if you would like to give my assistant your your cell phone number, if you guys would like to meet with me, I have to tell you, I have heard little tidbits. I haven't heard
there was any big issues at your events at all. So, I mean, I think it could be beneficial to the town. I think communication is great. And I I I think you guys are um stellar. I really I admire you guys for doing what you did tonight.
and I'm willing to work with this. Um the only a couple questions I do have is that um how is the game played? Is it something that you're running around the field? Is it sitting on a uh you know in
one spot and on a computer laptop? >> So dating yourself. >> It's >> I am dating myself. This is this is the Pokemon stuff. >> This is this is Pokemon or >> uh this is Pokemon. Yeah. So what the game what the app is? It's a lo real life locationbased game. Um what do I
mean by that? Um so the game board is is our hometown. Um so I mentioned earlier there's a lot of historic sites. Those historic sites actually play host to a lot of the things that happen in the game. My best explanation um without getting into like the nitty-gritty of it, it's it's a virtual scavenger hunt
for the most part, right? People have to come together to kind of actually complete tasks. Um, sometimes it's just like kind of like a free roam kind of thing where certain events in the game will call on people to kind of come out, explore a little bit, just kind of like, you know, do as much as they can for
their own gameplay. But scavenger, a digital scavenger hunt, I think, is the clearest way to kind of describe what that is to somebody that may not understand it from the get- go. Um, but it uses real life locations. So, for example, Google Maps was the originator of this. So, anything that's already
established kind of like set the game board up. Um, the company being that I'm sponsored with them, unpaid, albeit, but um, they actually dropped a couple of more locations to kind of make it a little more enjoyable. Um, and they made sure when they dropped these locations
that it was safely located inside of the park. Um, so it kind of added flavor to the game board, which is very unique compared to a lot of other locations that play such as South Orange. the oranges like across New Jersey. So, we actually have a very unique thing going
for us um in in that like they they kind of highlighted us a couple times. They featured us on their main page. You know, we'll do group photos before the start of the event and they actually posted up on the on their websites and you know, we get a lot of recognition from that which I think is great um
overall. So, >> when when when are they traditionally during the day or before dark? >> So, always before dark. they they you know they're big on safety themselves believe it or not. I mean the game actually gives you warning not to drive and play but also um after hours they
always make sure to kind of limit that game play. So events for the most part take place a normal event will take place for 2 to 5:00 p.m. for example 3-hour window. Um every Wednesday there is a 1-hour event that takes place from 6:00 to 7:00. Um that that takes place
every Wednesday. You know that's in-game. Again, that's nothing that we coordinate that they just kind of have that globally. Um, and their bigger scale events that I mentioned earlier, that those are the ones that take place three times annually. Those tend to be 8 hours, which will run from a 9:00
window. 6:00 p.m. Um, after those hours, I mean, the game itself kind of cuts off all sorts of gameplay. So, it's they kind of encourage people to kind of, all right, get about your day after this. It's not like, you know, keep people sticking around later than they should, >> right?
Well, listen, I um you know, if we could exchange um information and you know, I mean, me personally, I think it could be good, you know, to partner with with a group like that. It's good for the restaurants, the businesses. Like we said, you know, the the the negative to
it is parking, you know, blocking people's driveways, littering, cleaning up after yourself. So, but if your group is anything like the group I see in front of me tonight, I think um could be a positive instead of a negative. So,
you know, thank you again for waiting. >> Thank you guys. If >> if I can just add some some comments as well. Uh I I actually play Pokémon Go. I play with my nephew. I've actually attended some of their events. Uh, and I
I just want to say that uh, for lack of a better word, we're kind of a victim of our own success and that we have such a great park system and it's centrally located in a large park. It's a w with a lot of the the monuments and landmarks in those parks. It's it's going to
attract people to play the game whether they are there or not. And I think having them there is valuable for our town because they they are as as they said very respectful. They they guide people to stay keep the paths clear,
clean up after yourselves. Uh don't litter. They do provide water to make sure it stays safe. And like they said, they they do try and work with local local businesses to provide them additional business because uh while there are a lot of people from the town
who who participate in this event, there's also people who come from out of the town uh and they get exposure to Nutley in a positive way. And I do want to thank them for uh because it they don't get paid. It's a it's a volunteer. I do want to thank them for for going out of their way to to be a good uh
liaison between the the town and uh the comm the Pokemon Go community and and making sure that uh everything stays safe and enjoyable for everyone and whether you're playing the game or not, you're just there to enjoy the park.
>> Thank you, Mayor Kelly. And as and as I mentioned, as a as a minimum, uh if you are going to be in town, whatever the resolution is, uh make sure you notify the municipal clerk's office. >> Okay. >> Absolutely. Yeah, we'd be very much very much happy to. So, >> thank you. >> All right. Thank you very much, guys. I
very much appreciate it. >> Would anyone else wish to speak tonight? Seeing no one, close public comment. Yes. >> I I >> Mayor Kelly.
>> I >> There you go. Um Madame Clerk, we have a need for executive tonight. >> Yes. Yes, Deputy Mayor, we do have a need to go into close session to discuss uh um litigation and and contract
negotiations. >> Do you need a motion? >> Yes. >> 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 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 close executive session and now therefore be a resolved by the board of commissioners of the township of Nutley movement to
close executive session to discuss contract negotiations and litigation be a further resolve of the time when such discussions may be disclosed to the public shall be when and such 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 Evans. >> Hi. >> Commissioner Scarpell. >> Hi. >> Commissioner Petraco. >> Hi. >> Mayor Kelly. I
there's no further business this evening. >> Second. >> Thank you. Deputy Mayor Evans. Hi, Commissioner Scarpelli. Hi, >> Commissioner Petraco. Hi, >> Mayor Kelly. I >> The time is now 8:05. >> Thank you.