I'm sorry everybody except for Yeah. Hey, this standing is on. Uh, please rise for the flag seat.
Pledge allegiance to the flag of Americy and justice for all. Uh sunshine notice. Madam clerk. Thank you, mayor. Board of Commissioners public meeting agenda for Tuesday, May 20th, 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 Nutley Sun, the Herald News, and the Star Ledger. A copy of this notice has been posted on the Nutley Town Hall Bulletin board, and a
copy is on file in the municipal clerk's office. Commissioner Evans here. Commissioner Tuji is absent, excused. Commissioner Scarpelli here. Commissioner Petraco here. Mayor Kelly present. All present. Mayor except for Commissioner Tui. He's absent. Excused
this evening. Thank you, Madam Clerk. Minutes, please. We have executive session minutes for January 7th, 2025, January 21st, 2025, February 4th, 2025, February 18, 2025, March 18th, 2025,
April 1st, 2025, and April 15, 2025. Move it. Second. Commissioner Evans. Hi, Commissioner Scarpelli. Hi, Commissioner Petraco. Hi, Mayor Kelly. Hi. That's it for minutes. Thank you. Communications, please. Thank
you, Mayor. Uh, we have three. Nelly Educational Foundation, Inc. has submitted an application for a social affair permit for the SIP, Saber, and Support event at Kingland's Manor at 3 Kingsland Street on Thursday, June 12th, 2025 from 5:30 p.m. to 8:30 p.m. The VFW
Holding Company of Neli has submitted an application for a social affair permit for their post party on Saturday, June 7th, 2025 from 1:00 p.m. to 5:00 p.m. at 271 Washington A. And the Nutley uh Family Service Bureau has submitted an application for a social affair permit
for their garden party scheduled for Sunday, September 14, 2025 from 400 p.m. to 7:00 p.m. at uh 205 Rucker's Place. Motion, please. Move it. Second. Commissioner Evans. Hi. Commissioner Scarpelli. I. Commissioner Petraco. I.
Mayor Kelly. I. And that's it for communications. Thank you, Madam Clerk. Uh I think we'll turn it over to Commissioner Praco for a proclamation. Thank you, Mayor. We do have a very special guest, um Saraphina, uh Khan,
that I'm very happy to read this proclamation to her and her family. Whereas Saraphina Khan, currently in a seventh grader at John H. Walker Middle School, was nominated by her math and science teacher, Mrs. Johnson to attend Tech Trek, a week-long camp offered to
New Jersey 7th grade girls. And whereas Saraphina is a straight A student who excels in math and science and figure also figure skates and plays the piano. Whereas a po as where as a part of the selection
process, Saraphina sent in several essays and was interviewed by the camp leadership committee. And whereas Saraphina was informed in April that out of 100,7th grade girls in New Jersey, she was one of 40 girls to be chosen to
attend this prestigious camp. And whereas track tech camp track tech track excuse me girls are immersed in world that empowers and encourages them to think themselves as future scientists, engineers, mathematicians and computer
specialists. Whereas in addition, techre campers take part in activities like programming robots, extracting their own DNA, formulating lip gloss in a chemistry lab, and visiting coastal waters or Pineland preserves. Now
therefore it be proclaimed by the board of commissioners township of Nley County of Es state of New Jersey that Saraphina Khan be hereby recognized and applauded for her tenacious young spirit that earned her a spot at Tech Track Camp this
summer. We look forward to seeing her continued accomplish in the next few years. I would like to say congratulations and give her a round of applause. That is well well well reserved. And I have to say I'm so proud of you. I've seen you in my deli since you're a
little girl growing up. And you are what makes Nutley shine. And you you really really are doing a terrific job. We're all so proud of you. I know I am proud of you. You have your grandparents here, your mom and dad, and it's really in the
almost 18 years I've been sitting up here, it's the one of the best proclamations I ever read. So, you're like family to me, and I I'm so proud of you. And if anybody like to chime in and then we'll take a picture.
You want to go? Yeah. Okay. All right. Go ahead. Go. All right. Uh, congratul congratulations, Saraphina. It's great to see uh the interest of young women in the STEM fields and uh for you to participate in this uh event is is we're
so proud of you and all you accomplished in your very short time, you know, here, but uh we know you're going to go on and do great things in the future. So, congratulations and good luck at the camp. Saraphina, just one congratulations to you and your family. uh be proud of the
fact that you brought honor to your family name. Uh I think everybody can can stand by that. Uh it's something I think in this world today is so very very important is understand who you are, who your family is, what your family values are, and what they stand
for. So congratulations in that regard. Uh as Commissioner Scarpelli mentioned, uh the whole STEM area is so critical to our future. very quickly. We're going to be living in a world where AI uh and if
you are familiar generative AI with aic AI uh we're moving into a world very quickly with the next few years where uh AI agents are going to be autonomous. So the the programming and the security, but more importantly uh the the
influences on how you use those productively and safely in society at large is going to need people like you who understand it deeply, who will grow with it and will make sure that we take something like this technology and use
it for the betterment of society, right? Versus the detriment. So congratulations uh to you and I do recall I think in high school I did get an A in science once. So So congratulations. I just want to add my congratulations to
you Saraphina. Uh as someone who has a a a science degree uh I kind of went the other way. Uh but it it it definitely brings a smile to my face knowing that we have a young woman in the going pursuing STEM. Uh I try and push all my
nieces to pursue STEM. uh we don't have enough people in STEM across genders who but uh it's even more pronounced with women and I I just want to say if you can take your mayor to the camp I would love to come cuz I'd love to do some
programming of robots and extracting my own DNA. This sounds like a great camp. I'm actually a little jealous of you. I would love to go go with you. Uh but one of the things that science allows you to do is it allows you to think critically and that's going to set
you up for success no matter where you decide to go in life whether you decide to stick with STEM or you decide to go in a different direction like I did and become a lawyer. Uh you're going to be set set up for success in life. And I'm looking forward to see what your future brings you. Uh and I'm I'm proud to be a
footnote in your success story uh as part of this proclamation and I'm looking forward to to seeing what you can do. Thank you. Would you like to bring her up and let her say a few words? Come up to the mic.
Sam, you might want to help her with that mic. Is that uh Sam Sam, is that I think it's lower that a little bit for her, please. Yeah, there you go. Um, I would like to thank my parents for always helping me
achieve my goals. Um, and my sisters for always in making sure I have like fun. Um, I would also like to thank all my teachers for guiding me along in my science journey. Um, yeah, thank you.
Congratulations. That's great. Let's let's take a quick picture now. Mom and dad, you want to come up, please? I You're welcome. Thank you. Saraphina, if you and your family want to take this opportunity to to leave here, you're you're more than welcome
to, unless you want to stay. May may maybe you'll catch the political science bug and you'll be at political science camp next summer. Thank you. Thank you, Mayor. Thank you, Commissioner. Uh, I see we have reports, uh, code enforcement
report. Commissioner Evans. Yes, I have a report for March 25 and for the first quarter for the code enforcement department. Excellent. Thank you. Bills, Madam Clerk. Thank you, mayor. Bill list for May 20th, 2025. Public affairs,
$85,28467. Revenue and finance 3,438,66967. Public safety, $265,663.92. Public works, $8,16810. Parks and public property, $64,127.85. 85 water, sewer, utility, $90,269. Payroll uh as of um May 9th,
regular payroll total $961,7.90. Overtime payroll total $71,758.81. Total payroll 1,32,766.71 for a grand total of 5,56,7761. Move the bills. Second, Commissioner Evans.
Hi, Commissioner Scarpell. Hi, Commissioner Petraco. Hi, Mayor Kelly. Hi. And that's it for bills. Mayor, thank you. At this time, we'll have public comment on agenda items only. This is public comment on agenda items only. Those wishing to be heard on agenda items only, please approach the microphone and state your name for the
record, please. Seeing none, we'll move on to board. Commissioner announcements. Commissioner Evans. Nothing for me this evening, Mayor. Commissioner Scarpelli. Nothing, Mayor. Commissioner Petraco, I'm fine tonight. I just have one uh a
quick announcement. This upcoming weekend is, as many of you know, is Memorial Day weekend. Uh we'll be having our annual Memorial Day parade at 11:00 a.m. starting at the Oval and ending at the Oval. Uh we invite everyone to come out for the parade. Uh and remember that
uh Memorial Day is a day to remember those who paid the ultimate sacrifice uh in service of our nation. And prior to the parade every year, uh, we have a, uh, a we have we have a bus provided by the parks department that we start at
7:30 a.m. at the VFW and we go to every single war monument in town and read the names of every single person who paid the ultimate sacrifice from Nutley. It's 142 names. 142 names from re the Revolutionary War up to the present have given their lives in service of this
nation. and we honor them uh starting at 7:30 on Memorial Day. Uh it's open to everyone who wants to attend. And now that we have the monuments lined up in the park, uh it'll be a nice smooth uh solemn walk. And I do also want to thank uh Commissioner Tucci, who's not here,
who helped put the the banners in the park. And I also want to take thank Commissioner Scarpelli, whose uh department helped put the banners up on the street and in the uh Yanuk Park. Uh we've had tons of uh positive feedback. Uh positive is an understatement.
Everyone loves the banners. Uh and I they believe and I believe that it makes our town more patriotic and more beautiful. Uh so with that uh we'll go into resolutions. Commissioner Evans. Thank you. My department contributed a
lot of positive thinking. Okay. Well, everyone every everyone on this board uh is strongly in favor of veterans. Uh and so everyone has a has a helping hand when it comes to veterans. My first resolution is granting exception for the
veterans. So, so the theme whereas New Jersey statute 54-3 provides that war veterans who were honorably discharged from active service in a time of war 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 totally uh and permanently disabled connected with their wartime service a full tax exemption of their dwelling and lot on which it is situated. and whereas the following taxpayers filed an application for allowance of full exemption with proper supporting documentation thus making the taxpayer
eligible. Now therefore be it resolved by the board of commissioners of the township of Nelly County of Basic state of New Jersey that Cesar uh in Nicadaz be granted full exemption from payment of the property taxes beginning
May 1st and all subsequent years uh for blocks 3600 law 3 also known as 129 Rucker's place be further resolved that the treasure is hereby authorized to refund $2720.71 or $25 uh 225 property taxes. So moved. Second.
Commissioner Evans. Hi. Commissioner Scarpelli. I. Commissioner Petraco. I. Mayor Kelly. I. And thank you for your service. Be resolved that by the board of commissioners, township of Nley County of Essics that the treasur is hereby authorized to refund overpayments
of tax charges in the amount of $2,889.93 for block 6600, lot 23. So move. Second. Commissioner Evans. Hi, Commissioner Scarpell. Hi, Commissioner Betraco. Hi, Mayor Kelly. Hi. Whereas the town of Benoli 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 Nutley as as a non-fair
and open contract pursuant to NJSA 1944A-20.5 and whereas Associated Appraisal Group, Inc. 1717 Route 208, sweet 210 Fairlaw, New Jersey, has submitted a fee schedule for providing such services. The total of which is not to exceed $15,000. Whereas
the anticipated term of the contract is 12 months uh from June 1, 2025 through May 31st, 2026. Whereas the funds will be available in account 501204205 and will be certified by the chief financial officer subject to the
adoption of the 25 municipal budget. Whereas associate appraisal, Inc. has completed and submitted a business entity disclosure certification that certifies that they have not made any reportable disqualifying contributions to a political or candidate committee in the township of Nutley in the previous
one year and that the contract will provide them prohibit them from making any reportable contributions through the term of the contract and whereas the business entity disclosure certification and the determination of value will be placed on file with this resolution. Now therefore be it resolved that the board
of commissioners of the township of Neli County of Essex, state of New Jersey authorizes the mayor to enter into a contract with uh uh as along with the u municipal clerk uh a contract with associated appraisal group inc uh for an amount not to say to exceed $15,000. So
move second. Commissioner Evans. Hi. Commissioner Scorpell. Hi. Commissioner Paco. Hi. Mayor Kelly. Hi. Whereas the Department of Revenue and Finance has a need to acquire an electronic tax sale uh contractor on behalf of the township.
Whereas RCOA RO Industries uh doing business as New Jersey Taxlane Investors.com uh 306 Arling Arlington uh Road Belme is a state of New Jersey certified contractor for electronic tax sales. And
whereas uh ARCOA Industries has submitted a proposal to provide this service for $15 per line item not to exceed $4,500 the same rate as 2024. Whereas the township is desirous of utilizing this service to comply with its annual
statutory compliance requirement for a m municipal tax sale. Whereas funds are available in account 501206209 which have been certified by the chief financial officer subject to the adoption of the 2025 budget. now therefore be resolved by the board of commissioners of the township of Nully
County of Essex state of New Jersey that the mayor and princ and municipal clerk are hereby authorized to enter into a contract with AR uh ROK Industries uh for the electronic tax sales services at a rate of $15 per line item not to exceed $4,500. Further, a copy of this
resolution as well as the contract shall be placed on file with the township clerk. So move. Second. Commissioner Evans. I. Commissioner Scarpelli. Hi. Commissioner Petraco. Hi. Mayor Kelly. Hi. Mayor, would you want me to read Commissioner Tucci's? Yes, please.
Commissioner Tucci has one resolution. Whereas the Department of Parks and Public Property determined due to unforeseen circumstances, families had to cancel participation in programs offered. Whereas the department has determined a need to refund families. Now, therefore, be it resolved by the
board of commissioners of the township of Lily County of Escape, of New Jersey. The treasurer is hereby authorized to refund payments of recreation programs in the amounts listed uh below. Uh 65 River Road, apartment 416, uh bounce out the stigma
$250, 124 North Road, travel basketball, $125. So move. Second. Commissioner Evans. Hi. Commissioner Scarpelli. Hi. Commissioner Bashco. I. Mayor Kelly. I thank you. Thank you, Commissioner. And thank you for reading. Commissioner Tui,
Commissioner uh Scarpellia, so you don't have any on for this evening. Nothing tonight, Mayor. Uh, Commissioner Petraco. Yes, this is our click it in um ticket um resolution. Whereas there were 505 motor vehicle fatalities in New Jersey in 2024, whereas a large
percentage of motor vehicle occupants killed in traffic crashes were not wearing a seat belt. Whereas use of a seat belt remains the most effective way to avoid death and serious injury in a motor vehicle crash. Whereas the National Highway and Traffic
Administration estimates that 135,000 lives were saved by safe by safety belt usage nationally between 1975 and 2000. And whereas the state of New Jersey will participate in nationwide click or ticket seat belt mobilization from May
19th June 1st 2025. in an effort to raise awareness and increase seat belt usage through a combination of high visibility enforcement and public education. And whereas the division of highway traffic safety has set a goal of increasing the
seat belt usage rate in the stated in the state from the current level of 94% to 95.5%. Whereas the further increase in seat belt uses in New Jersey will save lives in our roadways. Now therefore, it be resolved that the township Benelli
declares its support for the click or t ticket seat belt mobilization both locally and nationally from May 19th, June 1st to 2025 and pledges to increase awareness of mobilization and the benefits of seat belt use. I move the
resolution. Second. Commissioner Evans. Hi. Commissioner Scarpelli I. Commissioner Petraco. I. Mayor Kelly. I. Thank you, Mayor. Thank you. I have uh six on for this evening. Uh the first is resolution number
12325. This is for raffle license for holy family church license number 3225 uh September 28th, 2025 whereas applications have been reviewed and approved by the municipal municipal clerk and the police department that therefore it be resolved by the board of commission of the township of Essex
County Township of Nley County of Essex state of New Jersey that the affforementioned licenses are hereby approved and the municipal clerk is authorized to issue said licenses. So moved. Second. Commissioner Evans. Hi. Commissioner Scarpelli. I. Commissioner Petco. Hi. Mayor Kelly. Hi.
Uh the next one I have on for this evening is resolution number 12425. And this is designating the month of May as military appreciation month. Whereas the month of May is widely recognized as military appreciation month. designated as such by Congress in 1999 as a special
time to honor and recognize contributions, sacrifices and services of members of the armed for armed forces past and present. And whereas the US military is made up of the six following branches, Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard.
Whereas over 1.3 million men and women currently serve actively within those six branches of the United States military. Whereas the citizens of of the township of Nelly are grateful and appreciative of the service that all me active members of the military and veterans have provided for their nation and therefore it be resolved that the board of commissioners in the township
of the county of the state of New Jersey recognizes and celebrates the month of May as military appreciation month. So moved. Second. Commissioner Emmens. Hi. Mr. Scarpelli. Hi. Mr. Petco. Hi. Mayor Kelly. I. The next one I have on for
this evening is resolution number 12525. Whereas every day 125 Americans are killed by gun violence and more than 260 are shot and wounded with an average of nearly 19,000 gun homicides every year. And whereas the state of New Jersey has 437 gun deaths every year with a rate of
4.8 deaths per 100,000 people, a crisis that costs the state 5.3 billion each year, of which 168.9 million is paid by taxpayers. Where support of the Second Amendment rights of law-abiding citizens goes hand in hand with keeping guns away from people with dangerous histories.
Whereas gun violence prevention is more important than ever as we see an increase in firearm homicides and non-fatal shootings across the country, increased calls to domestic violence hotlines, and increase in city gun violence. Whereas in January 13, January 2013, Hyia Pendleton was tragically shot
and killed at the age of 15. on June 6th, 2025 to recognize her the 20th birthday of Hyia Pedleton. People across the United States will rec recognize National Gun Violence Awareness Day and wear orange in tribute of Hadia Pedleton and other victims of gun violence and
loved ones of those victims. Whereas the idea was inspired by a group of Hadia's friends who asked their classmates to commemorate her life by wearing orange. They chose this color because hunters wear orange to announce themselves to other hunters when in the woods and orange is the color that symbol symbolizes the value of human life.
Whereas anyone can join the campaign by pledging to wear orange on June 6th, the first Friday of June in 2025 uh to help raise awareness about gun violence. Whereas we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them and encourage responsible gun
ownership to help keep our families and communities safe. And therefore it be resolved that the board of commissioners in the town of Ali Countyy's Essex state of New Jersey declares Friday, June 6, 2025 to be National Gun Violence Awareness Day. Encourage all citizens to support their local communities efforts to prevent the tragic effects of gun
violence and to honor and value human lives. So moved. Commissioner Evans. Hi. Commissioner Scarpelli. Hi. Commissioner Petraco. Hi. Mayor Kelly. Hi. Uh the next one I have on for this evening is resolution number
12625. Uh whereas this year's 2025 men's health month theme is centered on closing the empathy gap in men men's health through advocacy, awareness, and action. Whereas the empathy gap refers to a lack of care, funding, and support for men's issues including health, education, and emotional well-being. Whereas men's challenges are often
overlooked, leading to fewer resources, delayed care, and limited awareness. Whereas despite advances in medical technology in research, men continue to live an average of six years less than women with African-American men having the lowest life expectancy. Many of these deaths can be prevented by eating proper diets, exercising, and get getting regular health checkups,
including prostate examinations. Whereas men's health month is a time for the public to recognize the mental and physical needs of men and boys while encouraging fathers to be role models for their children through preventative health screenings, healthy living, and seeking need seeking needed help. Whereas the growing epidemic of suicide
and substance abuse requires special effort to raise awareness of unrecognized undiagnosed depression and mental stress in boys and men. Whereas Friday, June 13th, 2025 has been designated as wear blue day in Nutly when individuals are encouraged to wear blue in effort to raise awareness about the concerns surrounding men's health.
And therefore it be resolved that the board of commission the township of Nelly County of Essex state of New Jersey recognize the month of June as men's health month and encourage all male residents of Nelly to pursue preventive health practices and early detection efforts so as to live longer and healthier lives so as to continue to be positive influence in the lives of
all those they touch. So moved. Second. Commissioner Evans. Hi. Commissioner Scarpelli. I. Commissioner Petraco. I. Mayor Kelly. Uh the next one I have on for this evening is resolution number 12725 be resolved by the board of commissioners of the township of Nelly County state of New Jersey at Jonathan
Brute Esquire be reappointed as township attorney for the township of Nelly for a one-year term effective May 20th 25 May 20th 2025 through May 19th 2026. So moved second. Commissioner Evans I I would also share Jonathan your your
advice and council has been invaluable. Um I am always impressed with and I continue to be impressed with your knowledge of governmental services and all of the pitfalls that go with it uh across uh not only contract law, labor
law uh and uh and actually state and local government governance. So I gladly vote yes. Commissioner Scarpelli. Yes. Uh Mayor, I'd just like to say that um Mr. Rude does a lot of job, a very good
job, not only with the law, but also the other uh nuances of being the town attorney that come with that job. And uh you know, for uh a young man, uh I could say that because I'm old. Uh for a young
man, he has u the wisdom of of an old soul. So I proudly vote yes. Commissioner Baco, I'll say it as a young man if you don't mind, Joe. But Jonathan, you're part of the family here in Nutley and
um the apple don't fall far fall far from the tree as as we know. Your upbringing is a testament of who you are today. You're always there for us professionally, um friendly, whatever the needs are. You
pick up your phone 24 hours a day and you're just a great friend to have. So I vote I too. Mayor Kelly, thank you. I'm I'm voting I but uh last year uh when we read this resolution, your law partner was here. So it's nice that you got to
actually hear the accolades yourself. Uh I agree with the sentiments everyone else said. It's one thing to be uh knowledgeable of the law, which you are a constantly professional and know the law inside and out. Uh but as Commissioner Scarpelli said, uh knowing the law is only half the battle. You
have to manage personalities and there's a lot of big personalities on this this stage and you do a very good job navigating all the ins and outs uh for all of us and uh uh we we'd greatly appreciate your counsel and advice. Uh
I I I said I voted I at the beginning, but I'll vote say I again. So you got six or five eyes out of four. So I mayor, I just like to amend my comments slightly. Sure. As being the oldest member of the board present, my comments were grounded on the fact that I'm the
oldest one here. Thank you for your wisdom, commissioner. Uh the last one I have on for this evening is a resolution number 12825 and this is uh present introduced on behalf of the entire board of commissioners. This is a resolution of the board of commissioners of the township of Nelly authorizing the
engagement of F planning far planning LLC to provide plan and technical review services in connection with the Franklin Avenue redevelopment area. Uh where the needs of certain professional services that are to be rendered informed by a person authorized
by law to practice in a recognized profession whose practice is regulated by law. Whereas a performance of said professional service requires knowledge and advanced type in the field of learning and prolonged formal course of specialized training and instruction as distinguished from general academic instruction apprenticeship. Whereas
funds are available for the purpose of of this uh endeavor from account number 501 5-01-226-205 and a certificate availability of funds have been filed with the chief financial officer of the township of nutly in accordance with the local budget law whereas services
rendered pursuant to this resolution shall not exceed $15,000 in the aggregate whereas FAR has completed and submitted the business entity disclosure certification which certifies the firm has not made any disqualifying disqualifying reportable contributions to a political candidate. Cate or candidate committee in the township in
the previous one year that would violate uh any of the laws or executive orders of the New Jersey Law Election Enforcement Commission disclosure requirements that and that the contract will bar the firm from making any reportable contributions to the term of the contract. Whereas local public contracts law requires that this
resolution be publicly advertised. Now therefore by the now therefore be resolved by the board of commissioners knowing that in accordance with the local public contracts law hereby authorizes and approves the award of professional services contract to the firm F planning LLC pursuant to a non-fair and open process in accordance
with the provisions of New Jersey statutes annotated 1944 alpha-20.5 to provide a plan and technical review services in accordance with the contract for professional services be it further resolved that the chief financial officer has executed a certification of funds for the contract
that sufficient funds not to exceed $15,000 will be available for said contract through the applicable municipal budget. Be it further resolved that the anticipated term of this contract is from May 20, 2025 through December 31st, 2025. Be it further resolved that the mayor and the township clerk are hereby authorized to direct
authorized and directed to execute, seal, and deliver said contract for professional services on behalf of and in the name of the township. And be it further resolved that the business disclosure entity certification and business entity disclosure campaign contribution shall be placed on file with this resolution. And be it further
resolved that a copy of this resolution shall be published as required by law within 10 days of its passage. So moved. Second. Commissioner Evans. Hi. Commissioner Scarpell. Hi. Commissioner Petraco. Hi. Mayor Kelly. I. Uh at this time uh we have no further
business. will be opening up the meeting to the public. Uh for anyone who wishes to be heard on any matter, they may approach the microphone and state their name for the record. Anyone who wishes to address the board of commissioners, please approach the microphone and state your name for the record, please. Good evening. My name is Habid Misri. I
am a resident at 293 Chest Street. Um, I just want to address the the matter of the overnight parking that affect us like directly the renters of this town. Um, I'm not asking to challenge the legality of this town to enact the or the ordinance. I'm just saying there's
this part where this ordinance gets applied on us as residents. I don't think it's fair because like if I'm going to take a permit for a parking that is almost like 10 minutes walk from my from the from the apartment and I
have to walk in the snow or in the rain, it's like really not not fair for for us as as residents in this town. Um I tried to search for like a legal reason why would this law be applied on us as residents on that could find. So if you
can clarify this issue um or like even like I've asked so many people that are residents here old residents nobody understands why this law applies on us as residents it is nice that we have it for non-residents but us why is it us like
paying for the stuff with tickets? Yeah. So, so there's a there's a number of reasons for the the ordinance uh safety, security, uh uh uh the well-being of the community. Uh but I I'll leave that over uh to
Commissioner Petraco uh and public safety to address uh who handles the enforcement of that. How are you? Good. So, it it does help our police officers. It helps the fire trucks. It differentiates our our our um us from
you know our surrounding towns. I don't know if you ever drove through Lynhurst where I own some properties when it snows you know the plows can't get curb to curb and um you know we when I first got elected 17 years ago I think it was we had a committee we were thinking
about like some type of permit parking at the time as a board. Um, it didn't really go anywhere. But you live in apartments right on on 293 just Yeah. I mean, the only thing that I could say to you and and I and I I understand the issue and I grew up in a household with
three brothers and we lived on Park Avenue, so it was quite challenging to talk to, but when you rented the apartment, you knew that there was no parking with the apartments, I'm sure. Right. Uh, I did. Yes. But when I rented apartments, I wasn't engaged. But now my
I wasn't engaged still. My fiance lives with Oh. So what do you get? One space. You have one space there with the apartment. One space per apartment even if it was like two. I mean I I I would think you know I I I I would think that it's a very heavy lift for us to change that ordinance you know in town. Like I
said it does help our police department especially you know if they see a strange car or you know a car parked on the street overnight you know they'll run the plate see where it goes to all that stuff. So it really does help us. I've been in Nutley for 60 years now. It's been it's been the ordinance here
for you know a hundred years. Um but you know I I don't think that we have the um votes here to change it as well. But maybe down the road we can look into some kind of permit parking. But what I urge all the residents to do because this is probably other than
speeding the biggest complaint I get in Nutley and there's a lot of people that are for the ordinance and don't ever want to see it um changed too. So, it's, you know, it depends kind of where you you sit, but I would I would just recommend that maybe you ask a neighbor, like I tell people all the time, you
might have an elderly um neighbor in your neighborhood that the kids are out of the house. You know, she want may he or she may want a car parked there. You know, it looks like somebody's home. Have you tried that? Um, I understand this, but like I have to like ask a
neighbor to like burden them with my car and not like the police. Well, then it's truthfully truthfully it's the it's the law. There's no overnight parking. I understand. But the thing is that like the towns around us like Monontlair and Bloomfield, they have like the sticker permits for residents. You just put it
on the car and they can park on the street. And like you told me about the snow. There isn't special ordinance for the snow. It's not like this is not for the snow specifically. And for the safety of the town, how how is this affecting us from us? Like how's it Let
me ask you a question. Where where are you where where were you living before not? Um I used to live in Clifton. Oh, Clifton. They have overnight parking there. You're allowed to park on the street. Yeah. Yeah. We parked even like Oh, look. We could we could debate it all night long. And I I I I sympathize
for you. I understand. But that would be a board vote. So, you don't need this to petition me. You know, we would have to vote on that as a board. And I don't think as a board of, you know, up here governing body that we are, you know, I won't speak for everybody, but I don't think that we're interested in changing
it. Maybe down the road because the traffic has and the the growth in Nutley has changed. Maybe the permit parking, we could kind of review it again, but we have and there was so many people against that because then they feel that
it leads to other things as well. You want to jump in, commissioner? Sure. uh you know as the uh DPW commissioner um yes you know we do have a when the road is snow covered but you can see in the surrounding towns they have that the
cars are still parked on the street the plowing is terrible. Our streets are are plowed curb to curb every snowstorm. We probably have the the best cleanest streets in the whole area after a snowstorm.
And I I am not in favor of changing the overnight parking. I'm not in favor of permit parking. I like to leave it the way it is. It's safe for the town. I do sympathize with you. I feel, you know, I feel bad for you um and the situation that you're in, but you know, for the
greater good of the community as far as I'm concerned, it could stay this way hopefully till I'm no longer on this earth. So, yeah. So, question. Uh well, I I want to just note something that I understand it is for
the safety, but there is not a single night that there is no parking. There is no cars parked on the street. So, it's not really doing anything. Imagine if we didn't have the the ordinance, how many cars would be parked there? And they they're ticketed most of the time. Well, I'm not saying like take it off
completely. Just leave it for non-residents and just us let us park. Give us permits like give us we'll pay for it monthly. Like in mon they charge him 40 bucks is like revenue for the town. You can put it on the on this this financial statement. That's the thing like it's from every single person then
just waiting for to give him a ticket and wait for that $25 to come in. It just it's a revenue stream, you know? It's just it's like a logical thing. We we understand that the the revenue argument. However, as Commissioner Petraco and Commissioner
Scarpelli said, there's some things money can't buy, and that's safety and security. Uh, both in terms of plowing the streets and also aiding our our police officers in protecting the streets. Uh, unfortunately, the I is
there a report like is there a study statistics that like prove that this works because the town surrounding us Monontlair is safe and they don't have this. So, is there like some kind of I'm sorry. Yeah, it's very very absolute. I don't
know about that. I I would compare our crime data to their crime data any day. It's not it's not even it's not even close. Actually, there was something there last month that well is a bigger city anyways compatible at all
consider you know a lot of city cops do fantastic job here not not talking police if nobody else has a comment I you know do you want to add to it Tom or just you know when we look at things financially.
Yeah. To change the tax rate one penny takes a half a million dollars. That's $50 per average residential household, which a tenency is not. Uh so it's very nominal. Uh and you would need quite a few of those permits to even come close
to even coming up to that that level. You would also have to consider the additional cost that the township would incur as a result of the change which has been in the past was indicated that would require a change in the shift structure uh for during nighttime. So
I'm as as commissioner Scarpelli has already stated um I am not in favor of changing it and financial reasons are are there's not enough of it there. Okay. Um well thank you. I uh appreciate the chance to speak about this issue,
but is there a different way we can approach this or this is the only way? It's the dead end at this matter. I sorry, you know, I applaud you for coming and and I just want you to know I don't want I don't want you to think you're getting roughed up. You know, we've been in this town our whole lives
and you know, this is and and Nutley is a great town and you know, we want to keep what works here and the traditions and and that kind of thing and and my heart does bleed for you. I it does. But we're not change. This governing body is just never going to change it. So, you
know, try a neighbor. If there's anybody I know that is by the appointments that I hear of that I could put you on to, I will. But again, we I don't mean to be so, you know, brash with you. Thank you very much. Appreciate it. Thank you,
Mayor Commissioner. I'm Dr. Mark Lyle. I work and live here in Nut Lake. I just wanted to read a prepared statement if that's okay. U sir, raise the mic up. Yeah, there you
go. Point it up. There you go. I live at 229 Kingsland Street, right next to the proposed warehouse. I have some serious concerns I'd like to bring to your attention. First, I want to highlight the troubling history of the property.
Um, there was a class action lawsuit because of hazardous chemicals on the site resulting in a 17.5 million dollar settlement. When I contacted Mr. Diaz from ON3 about this, he assured me that
the property was remediated in uh 2016. However, I've lived in that property for over 25 years and I can attest that this was not part of the soil replacement area where they're proposing to build
the warehouse. So, I would respectfully request that the Department of Environmental Protection would clear the site before any construction is done. also uh on three claims to have conducted two traffic studies showing
that local roads can handle the expected traffic. However, I've contacted the department of transportation, the administrator Eileen Sosa, the engineer as if Mahmood and officer Andreas Mahia,
they all came out. They looked at the jug handle uh going from Cathedral onto Kingsland Street and they all said that it posed a significant safety risk. There's already multiple near misses
every day. The idea of having tractor trailers going in and out here would only make it more of a danger. on three said the hours of operation would be from 5:00 a.m. to 12
midnight. This would mean 18 wheelers coming in and out creating serious noise, air pollution, not only just to our little surrounding area, but will always impact it will also impact the
broader Nutley because they'll be coming from Route 21 as well as Route 3. When I've spoken with the members of the community, they're shocked and dismayed that this could actually be happening. I have over 2,000, we just hit 2,000
today, uh, signed online petitions, and the majority of them are residents of Nutley who all say that they don't want the warehouse. Uh, we know that this would bring property values down in Nutley.
And right now, I think I just saw an article, we're like 85th in the United States with how hot our property values are. So, this would be a dramatic uh hit to our beautiful
little town here. Uh lastly, Mr. Diaz has communicated that he was open to putting other commercial businesses at this location. I'm hoping that some kind of agreement can be reached regarding these alternatives which will support and
improve the property values of our Nutley homes. Thank you your honor and commissioners for your time. Thank you. Uh and I I believe we we spoke on the phone and
uh as as I said earlier on the phone uh Mr. Diaz has been dealing in halftruths. Uh, no, there's no nothing permitted to be built on that property as of right now. They're still going through the planning board process. the the hearing was supposed to take place
tomorrow, but we got a last I don't want to say last minute, but later later late late last week, we got an a significant amendment to the plans they proposed, which will require required us to send it back to our experts and would not be feasible for our experts to review the
amount of amendments in a a timely fashion before the meeting tomorrow. So, the the hearing on that site has been adjourned to at least June 4th. Uh that's what we're shooting for. Uh it all depends on our our experts.
Um and I think this entire board has said uh we would fight the truck terminal or or warehouse or whatever term you want to call it uh to the to the bitter end. It's still ongoing in litigation. It's still uh it's still
pending appeal. Uh and uh no one on this board is in favor of that. and we we are diligently working uh and trying to negotiate a better alternative on the site. I can't really go into details regarding those uh those negotiations
because they're ongoing. Uh but if anyone else wants to uh share their thoughts on that just uh one thing, mayor, is that you and I are at a little disadvantage here in that uh we have to be careful what we say as we sit as the
uh on the planning board. they'll have to decide the matter. Uh we don't want to be accused of prejudging this in any way. Uh so uh no matter our personal feelings, we we have to reserve judgment at least uh
in what we say publicly. I I just like to add that, you know, we have a much much better relationship right now with Jean Diaz than we had in the past. And I really think that um things are bright in the future and I I I think um I'm hopeful that things will
work out on there and I I I would um you you know as all of us have said you know that that's just not what we want and um we're hoping that Jean is um moving
forward. Thank you one. Thank you for your comments. Um they're very well organized. Um and I applaud you for uh being able to gather 2,000 signatures with additional support. Uh I would encourage that uh
because uh this is a matter that's not just for the board of commissioners to decide. It's up to the town to decide. So the public voices I think is very important here. But given the direction or where I hope we're going, I believe we'll be able to decide a better
outcome. Well, uh, Lori M already stepping William Street. I was here in February about the parking meters that you raised the amount of quarters you put in now. So if you were worried
about trying to want to raise money, why isn't anybody doing anything about the people who are parking and not putting any money in the meters? I mean, I see it all the time
all up and down Franklin, red light. Nobody's I I'm observing one particular person that has a business or works in the business, a smoke shop, and he uses a free space all the time like it's his
own place. I'm feeding the extra money in. Why are these people not paying up and down from the shop, right? Red lights, red lights, nothing. No tickets. Nobody's getting tickets. And I Why do I have to pick up
their slack? They're not paying anything. Who is looking out for that? So, so you know, we have two parking enforcement officers that uh do the the lots and all the Avenue and the on street parking because the red light is
blinking because we've gone to uh online paying and text paying that that doesn't change the red light. So, you can't tell by the red light blinking if they put money in the meter or not. So, um, although you think there may be not
money in there, they could have texted, they could have paid online. So, the red light doesn't doesn't change when they pay by text or online. Well, how do we know? How doesn't the person like me know? We Well, I don't know how you know, but we know. We know because we have the computer that tells us if they
paid online or not. So, you would not know, but our parking enforcement officers would. Because this one guy from Florida, he's got a Florida car and he works in the smoke shop and he's like, I see because I go to laundromat and I' I've been watching, you know, he
doesn't, you know, but you don't know if he went inside and texted the uh the to the phone. You wouldn't know that. I just want to know if anybody looking out for that. Yes, we have two parking enforcement officers. So, there are tickets being issued. There's tickets
being issued if people don't pay the meters. Correct. Okay. Well, so if I don't pay a meter and that red light's going, I could I could get away with it unless he unless he actually goes into a computer to see if I paid. I mean, I could. Yes. Unfortunat Unfortunately, that's the way it works. Yes. They have
a they have a computer that's they can look at on their phone. Like they don't have to go on to a computer. They can use their phone. Yes. There's an application that the parking enforcements use to see which meters are paid for and which aren't. because I
never see any police checking or anything. They're out there because I'm I'm up and down Franklin all day long. You know, I just I could see, you know, what I see they see you. I'll tell them to say hello. And like I said, well, if I don't pay, I I'll probably be the one
who gets a ticket. I'm I'm the old fashioned. I do the quarters, okay? You know, that's me, you know. So, but I there's just no way that that guy could not be paying. You wouldn't know. You wouldn't know if he was plate. You wouldn't know if he
was or wasn't. You could where where's the location that you think the guy's not paying? Maybe we could send the cop there tomorrow and check it for you. Oh, I would appreciate that. Well, tell me where it is. Okay. Across from Capital One Bank, the smoke shop. At what time?
Try Friday afternoon. Okay. S Sam, we get the information and we'll we'll we'll send Mr. Hickey over the laundromat. Okay. And I see it's like his own personal free space. I'm thinking now you're telling me that they
could pay. I did not know that. So, but I would like to know. Yes. If you if you look at the meters, right? If you look at the meters, there's stickers on the meters that tell you that you could pay either with cash, you could pay uh by app, or pay by text. Well, I have to
admit this, but I have to get my glasses out to read that. I'm afraid of I my quarter is in my hand and I'm like and listen and and those who are paying by the app or online or by text are paying
an increased fee than you are u by paying quarters. So you're actually saving money by using quarters. Okay. Well, that's good and all I'm doing something right. Is there any way that you can reduce the amount again? Because uh you know No, we're we're right now
our our fee is is where it should be in comparison to everybody around us, we were low. We were low. Well, it's just a little hard, but I understand. I know. I know. The last time you were here and it uh you know, you keep seeing this guy all the time. You know, it's
like what's going on? But you, like I said, you just because just because he gets out of his car and walks into a shop, doesn't mean he's not painting over. Yeah. And the same with in front of Shop, right? All up and down there. Same thing. They could be doing the same. All right. I just thought I'd bring that up. And uh also, one quick
thing. One quick thing. I've been noticing increased noise from cars with their what is it? Engine, exhaust, or whatever. Is there an ordinance for that? Unfortunately, not that I know of, but
it is annoying. And when I'm sometimes sitting in front of the my my own well, my former store, I should say, at this point, but um whenever I'm around town and you know, I'm on Park Avenue with my father right now and it's it's annoying.
But there is is there anything we could do, Mr. Hickey, about that? No. They basically have this, you know, handcuff the police, you know, pretty much. Hopefully, it's going to change in the future, but if they we're worried about we're worried about noise. We, you
know, these police officers are arresting kids, robbing cars, houses, all that. And, you know, before their cop shift is over, these kids are out speeding. I live at the senior housing on William Street, right? And these cars are speeding around all hours of the day
and night with with that exhaust. I mean, two in the morning. Come on. You know, and I'm like, well, where's the police? Don't they see this? Well, no. The the cops do see it. Unfortunately, there's nothing they could do about it. I mean, if they're speeding, they could give them a ticket for speeding, and
they have, and we write plenty, you know, but cops, they can't be everywhere at the same time, too, you know. So, you know, the call volume in the police department has probably quadrupled since I'm I'm in the seat. So, it's, you know, they're very busy there, you know, so
they do a great job, but we can't be everywhere. I see I see them when they come to our building for um right medical emergencies and stuff. I see it. Yeah. Very good. Thank you. Oh, and I even told them when they had all the protest against the cops, I said I
called all the policemen. I said, "I'm proud of you." You know what? You know, that's nice. Always been. Yeah. Always been notly pleased. Very good. Good through the years. Okay. Thank you. Thank you. Anyone else? Uh seeing none, Mr. Bruno, do we
have a need for executive this evening? You may session litigation. I'll entertain a motion for an executive session. Second. Whereas section 8 of the open public meeting act chapter 231 public
law 1975 permits the exclusion of the public from meeting in certain circumstances. And whereas the public bodies of the opinion that such circumstances exist and whereas the board of commissioners and township of Nutle County of Essex State of New Jersey desires to proceed to close executive session and now therefore be
resolved by the board of commissioners the township of Nley moving to close executive session to discuss litigation. Be it further resolved that a time when such disclosure discussions may be disclosed to the public shall be when and such disclosures may be made without adversely affecting the township of
nutly 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. Commissioner Petraco, Mayor Kelly,
and uh we uh conducting any further business this evening. Uh I want to entertain a motion to adjurnn. Motion to adjurnn. I need a second, please. Can I have a second? Second. Thank you. Commissioner Evans. Hi, Commissioner Scarpelli.
Commissioner Petraco. Mayor Kelly. Thank you, everyone. Our next meeting is June 3rd at 7:00 p.m.