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1 TOWNSHIP OF NUTLEY NEW JERSEY
2 BOARD OF COMMISSIONERS
3
4 )
PUBLIC MEETING ) TRANSCRIPT OF
6 ) PROCEEDINGS
7 )
8
9
August 15 2017
11
12
13 BEFORE
14 Commissioner Steven L Rogers
Commissioner Mauro G Tucci
16 Commissioner Thomas J Evans (TELEPHONIC)
17 Commissioner Alphonse Petracco
18 Mayor Joseph P Scarpelli
19
Municipal Clerk Eleni Pettas RMC
21 Municipal Attorney Alan Genitempo Esq
22
23
24
Job No NJ2684148
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1 P R O C E E D I N G S
2 MADAM CLERK Board of Commissioners public
3 meeting Tuesday August 15th 2017 The time is 712
4 Pursuant to the requirements of the Open Public Meeting Act
(Chapter 231 Public Law 1975) notice of this meeting was
6 published in the December 1st 2016 issues of The Nutley Sun
7 and the Herald News and the December 2nd 2016 issue of the
8 Star Ledger A copy of this notice has been posted on the
9 Nutley Town Hall bulletin board and a copy is on file in the
Municipal Clerkrsquos Office
11 Commissioner Rogers
12 COMMISSIONER ROGERS Here
13 MADAM CLERK Commissioner Tucci
14 COMMISSIONER TUCCI Here
MADAM CLERK Commissioner Evans
16 COMMISSIONER EVANS Here
17 MADAM CLERK Commissioner Petracco
18 COMMISSIONER PETRACCO Here
19 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Here
21 MADAM CLERK All present Mayor and Commissioner
22 Evans is on the phone
23 MAYOR SCARPELLI Commissioner Petracco what do
24 you have on the agenda today
COMMISSIONER PETRACCO Today I have -- or this
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evening I have -- I believe its 1 2 3 4 -- or is it 5
ordinances
MADAM CLERK Its six
COMMISSIONER PETRACCO How many
MADAM CLERK Five sorry five
COMMISSIONER PETRACCO And I believe they were
all for the police contract Am I correct Eleni
MADAM CLERK Yes And one is for a parking spot I
think right For handicapped parking
COMMISSIONER PETRACCO Okay So the -- I guess
its four for the Police Department about their contract I
decided to defer that tonight in thinking were going to
talk about budgets tonight Yeah So were going to defer
that to the next meeting And then I believe I have a
parking spot one Eleni You said that Im --
MADAM CLERK So were holding the four for the
salary is that what you said
COMMISSIONER PETRACCO Yeah were going to --
Im going to defer that tonight
MADAM CLERK Okay
COMMISSIONER PETRACCO And then I have -- lets
see I dont see that
COMMISSIONER EVANS Second one
MAYOR SCARPELLI Second one sorry
COMMISSIONER PETRACCO Okay Ive got it Okay
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Thats the limited parking Thank you Commissioner Evans
Youre even good over the phone And then I have a couple
resolutions tonight One is drive sober I saw One is
authorizing a refund Made overpayment with Hazmat And
authorize of abandoned vehicles pursuant to the Division of
Motor Vehicle And its also my son Salvatores 10th
birthday today
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER PETRACCO So I will be looking to
escape early So if I get up suddenly Tom if you dont
hear my voice you know that Im at a birthday party
MAYOR SCARPELLI Happy birthday to Salvatore
COMMISSIONER PETRACCO Thank you Thats all I
have
MAYOR SCARPELLI Commissioner Rogers
COMMISSIONER ROGERS Ill be introducing an
ordinance tonight that is focusing in on pet shops Now we
dont have any in Nutley but there have been thousands of
communities across the country are actually passing
ordinances like this to prevent pet shops from getting
animals that have been in inhumane breeding conditions and have
come from puppy mills and cat mills and its going to
heighten community awareness of animal welfare
Mr Larry Cohen is here tonight who helped --
hes from the Humane Society who helped author a good part
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of this ordinance So Ill be just introducing that
tonight Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Yes Steve I have a couple
questions on the ordinance that we can go over But as far
as my agenda items I have three resolutions One is a tax
exempt status for Michael Walsh whos met the requirements
to be exempt from tax given military disability And then I
have two resolutions related to refunds one for overpayment
of taxes the other one on an application fee And thats
what I have I also have a need for us to be in executive
for contract negotiations and personnel
MAYOR SCARPELLI Okay Commissioner do you want
to address your questions to Commissioner Rogers
COMMISSIONER EVANS I can do that Just that
when I read the ordinance I wasnt clear if -- are we --
which chapter or code section were actually putting this
ordinance in under I think it needs to have it --
basically a designated (indiscernible) I didnt see that
in the resolution itself
I just had a question as well I totally agree in
terms of the welfare of animals Im a big supporter of
that and the nature of what could happen with puppy mills
and kitten mills And I understand we dont have any pet
stores in Nutley now I was just wondering why we went from
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allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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4121 4216 nutley 11 269
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4821 50721 months 923 207 meetings 2325 216 239 melinda 159 moore 36101015 member 1415 361822 472222
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members 154 3017 3111 3312 1719 332 4712 3417 4820 4912
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merchandise move 111424 4421 162 29722
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michael 57 4016 367 371417 microphone 3223 38523 3920
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organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
474 482025 post 2017 4420 postal 1414 posted 28 137 potential 118925
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1017 341214 presiding 336
4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
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Page 2
1 P R O C E E D I N G S
2 MADAM CLERK Board of Commissioners public
3 meeting Tuesday August 15th 2017 The time is 712
4 Pursuant to the requirements of the Open Public Meeting Act
(Chapter 231 Public Law 1975) notice of this meeting was
6 published in the December 1st 2016 issues of The Nutley Sun
7 and the Herald News and the December 2nd 2016 issue of the
8 Star Ledger A copy of this notice has been posted on the
9 Nutley Town Hall bulletin board and a copy is on file in the
Municipal Clerkrsquos Office
11 Commissioner Rogers
12 COMMISSIONER ROGERS Here
13 MADAM CLERK Commissioner Tucci
14 COMMISSIONER TUCCI Here
MADAM CLERK Commissioner Evans
16 COMMISSIONER EVANS Here
17 MADAM CLERK Commissioner Petracco
18 COMMISSIONER PETRACCO Here
19 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Here
21 MADAM CLERK All present Mayor and Commissioner
22 Evans is on the phone
23 MAYOR SCARPELLI Commissioner Petracco what do
24 you have on the agenda today
COMMISSIONER PETRACCO Today I have -- or this
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evening I have -- I believe its 1 2 3 4 -- or is it 5
ordinances
MADAM CLERK Its six
COMMISSIONER PETRACCO How many
MADAM CLERK Five sorry five
COMMISSIONER PETRACCO And I believe they were
all for the police contract Am I correct Eleni
MADAM CLERK Yes And one is for a parking spot I
think right For handicapped parking
COMMISSIONER PETRACCO Okay So the -- I guess
its four for the Police Department about their contract I
decided to defer that tonight in thinking were going to
talk about budgets tonight Yeah So were going to defer
that to the next meeting And then I believe I have a
parking spot one Eleni You said that Im --
MADAM CLERK So were holding the four for the
salary is that what you said
COMMISSIONER PETRACCO Yeah were going to --
Im going to defer that tonight
MADAM CLERK Okay
COMMISSIONER PETRACCO And then I have -- lets
see I dont see that
COMMISSIONER EVANS Second one
MAYOR SCARPELLI Second one sorry
COMMISSIONER PETRACCO Okay Ive got it Okay
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Thats the limited parking Thank you Commissioner Evans
Youre even good over the phone And then I have a couple
resolutions tonight One is drive sober I saw One is
authorizing a refund Made overpayment with Hazmat And
authorize of abandoned vehicles pursuant to the Division of
Motor Vehicle And its also my son Salvatores 10th
birthday today
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER PETRACCO So I will be looking to
escape early So if I get up suddenly Tom if you dont
hear my voice you know that Im at a birthday party
MAYOR SCARPELLI Happy birthday to Salvatore
COMMISSIONER PETRACCO Thank you Thats all I
have
MAYOR SCARPELLI Commissioner Rogers
COMMISSIONER ROGERS Ill be introducing an
ordinance tonight that is focusing in on pet shops Now we
dont have any in Nutley but there have been thousands of
communities across the country are actually passing
ordinances like this to prevent pet shops from getting
animals that have been in inhumane breeding conditions and have
come from puppy mills and cat mills and its going to
heighten community awareness of animal welfare
Mr Larry Cohen is here tonight who helped --
hes from the Humane Society who helped author a good part
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of this ordinance So Ill be just introducing that
tonight Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Yes Steve I have a couple
questions on the ordinance that we can go over But as far
as my agenda items I have three resolutions One is a tax
exempt status for Michael Walsh whos met the requirements
to be exempt from tax given military disability And then I
have two resolutions related to refunds one for overpayment
of taxes the other one on an application fee And thats
what I have I also have a need for us to be in executive
for contract negotiations and personnel
MAYOR SCARPELLI Okay Commissioner do you want
to address your questions to Commissioner Rogers
COMMISSIONER EVANS I can do that Just that
when I read the ordinance I wasnt clear if -- are we --
which chapter or code section were actually putting this
ordinance in under I think it needs to have it --
basically a designated (indiscernible) I didnt see that
in the resolution itself
I just had a question as well I totally agree in
terms of the welfare of animals Im a big supporter of
that and the nature of what could happen with puppy mills
and kitten mills And I understand we dont have any pet
stores in Nutley now I was just wondering why we went from
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Page 6
allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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Page 11
1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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Page 12
1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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evening I have -- I believe its 1 2 3 4 -- or is it 5
ordinances
MADAM CLERK Its six
COMMISSIONER PETRACCO How many
MADAM CLERK Five sorry five
COMMISSIONER PETRACCO And I believe they were
all for the police contract Am I correct Eleni
MADAM CLERK Yes And one is for a parking spot I
think right For handicapped parking
COMMISSIONER PETRACCO Okay So the -- I guess
its four for the Police Department about their contract I
decided to defer that tonight in thinking were going to
talk about budgets tonight Yeah So were going to defer
that to the next meeting And then I believe I have a
parking spot one Eleni You said that Im --
MADAM CLERK So were holding the four for the
salary is that what you said
COMMISSIONER PETRACCO Yeah were going to --
Im going to defer that tonight
MADAM CLERK Okay
COMMISSIONER PETRACCO And then I have -- lets
see I dont see that
COMMISSIONER EVANS Second one
MAYOR SCARPELLI Second one sorry
COMMISSIONER PETRACCO Okay Ive got it Okay
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Thats the limited parking Thank you Commissioner Evans
Youre even good over the phone And then I have a couple
resolutions tonight One is drive sober I saw One is
authorizing a refund Made overpayment with Hazmat And
authorize of abandoned vehicles pursuant to the Division of
Motor Vehicle And its also my son Salvatores 10th
birthday today
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER PETRACCO So I will be looking to
escape early So if I get up suddenly Tom if you dont
hear my voice you know that Im at a birthday party
MAYOR SCARPELLI Happy birthday to Salvatore
COMMISSIONER PETRACCO Thank you Thats all I
have
MAYOR SCARPELLI Commissioner Rogers
COMMISSIONER ROGERS Ill be introducing an
ordinance tonight that is focusing in on pet shops Now we
dont have any in Nutley but there have been thousands of
communities across the country are actually passing
ordinances like this to prevent pet shops from getting
animals that have been in inhumane breeding conditions and have
come from puppy mills and cat mills and its going to
heighten community awareness of animal welfare
Mr Larry Cohen is here tonight who helped --
hes from the Humane Society who helped author a good part
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of this ordinance So Ill be just introducing that
tonight Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Yes Steve I have a couple
questions on the ordinance that we can go over But as far
as my agenda items I have three resolutions One is a tax
exempt status for Michael Walsh whos met the requirements
to be exempt from tax given military disability And then I
have two resolutions related to refunds one for overpayment
of taxes the other one on an application fee And thats
what I have I also have a need for us to be in executive
for contract negotiations and personnel
MAYOR SCARPELLI Okay Commissioner do you want
to address your questions to Commissioner Rogers
COMMISSIONER EVANS I can do that Just that
when I read the ordinance I wasnt clear if -- are we --
which chapter or code section were actually putting this
ordinance in under I think it needs to have it --
basically a designated (indiscernible) I didnt see that
in the resolution itself
I just had a question as well I totally agree in
terms of the welfare of animals Im a big supporter of
that and the nature of what could happen with puppy mills
and kitten mills And I understand we dont have any pet
stores in Nutley now I was just wondering why we went from
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allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[big - close] Page 3
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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[contributions - evans] Page 5
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ones 2312 oozing 2314 open 24 611
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purchase 821 917 1923 207
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5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
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Thats the limited parking Thank you Commissioner Evans
Youre even good over the phone And then I have a couple
resolutions tonight One is drive sober I saw One is
authorizing a refund Made overpayment with Hazmat And
authorize of abandoned vehicles pursuant to the Division of
Motor Vehicle And its also my son Salvatores 10th
birthday today
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER PETRACCO So I will be looking to
escape early So if I get up suddenly Tom if you dont
hear my voice you know that Im at a birthday party
MAYOR SCARPELLI Happy birthday to Salvatore
COMMISSIONER PETRACCO Thank you Thats all I
have
MAYOR SCARPELLI Commissioner Rogers
COMMISSIONER ROGERS Ill be introducing an
ordinance tonight that is focusing in on pet shops Now we
dont have any in Nutley but there have been thousands of
communities across the country are actually passing
ordinances like this to prevent pet shops from getting
animals that have been in inhumane breeding conditions and have
come from puppy mills and cat mills and its going to
heighten community awareness of animal welfare
Mr Larry Cohen is here tonight who helped --
hes from the Humane Society who helped author a good part
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of this ordinance So Ill be just introducing that
tonight Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Yes Steve I have a couple
questions on the ordinance that we can go over But as far
as my agenda items I have three resolutions One is a tax
exempt status for Michael Walsh whos met the requirements
to be exempt from tax given military disability And then I
have two resolutions related to refunds one for overpayment
of taxes the other one on an application fee And thats
what I have I also have a need for us to be in executive
for contract negotiations and personnel
MAYOR SCARPELLI Okay Commissioner do you want
to address your questions to Commissioner Rogers
COMMISSIONER EVANS I can do that Just that
when I read the ordinance I wasnt clear if -- are we --
which chapter or code section were actually putting this
ordinance in under I think it needs to have it --
basically a designated (indiscernible) I didnt see that
in the resolution itself
I just had a question as well I totally agree in
terms of the welfare of animals Im a big supporter of
that and the nature of what could happen with puppy mills
and kitten mills And I understand we dont have any pet
stores in Nutley now I was just wondering why we went from
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allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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of this ordinance So Ill be just introducing that
tonight Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Yes Steve I have a couple
questions on the ordinance that we can go over But as far
as my agenda items I have three resolutions One is a tax
exempt status for Michael Walsh whos met the requirements
to be exempt from tax given military disability And then I
have two resolutions related to refunds one for overpayment
of taxes the other one on an application fee And thats
what I have I also have a need for us to be in executive
for contract negotiations and personnel
MAYOR SCARPELLI Okay Commissioner do you want
to address your questions to Commissioner Rogers
COMMISSIONER EVANS I can do that Just that
when I read the ordinance I wasnt clear if -- are we --
which chapter or code section were actually putting this
ordinance in under I think it needs to have it --
basically a designated (indiscernible) I didnt see that
in the resolution itself
I just had a question as well I totally agree in
terms of the welfare of animals Im a big supporter of
that and the nature of what could happen with puppy mills
and kitten mills And I understand we dont have any pet
stores in Nutley now I was just wondering why we went from
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allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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allowing them to not allowing them completely And maybe
there is something -- if someone followed an ordinance that had
requirements in it would we be able to in effect have a
pet shop so that --
COMMISSIONER ROGERS Sure they will
COMMISSIONER EVANS -- the residents of Nutley
they can go there with confidence that this is a valid
place Its under -- its being watched and its
following the rules I was just curious this particular
ordinance would prohibit it And I just -- and therefore if
somebody wanted to open up a pet store it would require
them to incur the expense of a variance which would be a use
variance that would go before the Board of Adjustment So
aside from the application fees the attorneys fees and
things like that I was just wondering is there something a
little bit more in the middle that wouldnt prohibit it but
would establish criteria
And I wasnt -- the other question I had was we
say that it was going to reduce costs and I appreciate
that but we dont have any pet shops So what costs would
we be reducing
COMMISSIONER ROGERS Well this is primarily to
the -- for the consumers Its to make sure that these pet
stores are not bringing in animals from puppy mills Many
of them -- many pet stores around the country have had
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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1 C E R T I F I C A T I O N
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3 I Jamie Gallagher certify that the foregoing transcript is
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[evans - guys] Page 6
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3815 4123 session 1025 116
11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
s
s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
267 scarpelli 115 219
22023 41215 5313 10815 1141012 1217 121822 131718 1320 161819 1771622 181 28172024 292 291718 308911 3013 31562223 3125 32161719
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societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
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thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
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think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
4011 thursday 3820
3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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2411
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
w
w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
war 4017 washington 3521 watched 68 watching 345 water 1911 way 716 104
219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
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went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
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615 word 2412 words 231 2517 work 1411 1715 worked 1414 works 323 364 worst 1017 wounds 2314 wrong 261
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york 1410 young 1324
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animals -- have purchased animals from puppy mills and from
very inhumane conditions The consumer doesnt even know
this So the pet store owners are going to actually be
prevented from bringing such animals in that are not well
taken care of So its helping the consumers and its
something that is going on nationwide with regard to the
care and treatment of animals So its to protect the
consumer and to protect the animals
COMMISSIONER EVANS Absolutely Steve I
absolutely agree with all of that And the more we can do
to make sure that the residents of Nutley and the general
consumer can come to town and with confidence buy a pet
thats going to give them all of the support of the love and
care and so (indiscernible) that the consumer will care for
the pup or cat or whatever that animal may be I -- so
let me just ask it a different way Maybe I misread it
Does this ordinance prohibit pet stores completely
or just add restrictions that would create a confidence that
a pet store in Nutley would not be from a -- they wouldnt
be buying puppies or cats from any puppy or cat mill
COMMISSIONER ROGERS Yeah it doesnt prohibit
pet stores It gives them guidelines with regard to the
types of animals that are coming in and where theyre coming
from So no one is being restricted Its a good question
The pet store owner is not being restricted and neither is -
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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Page 13
1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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2417 opras 481 orange 1419 438 order 1020 2413
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3225 4710 personnel 512
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petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
474 482025 post 2017 4420 postal 1414 posted 28 137 potential 118925
276 premise 442023
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245 preservation
1017 341214 presiding 336
4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
271114 292 3525 4013 4817
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41 351925 364 36721
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4525 4614 pay 2010 payroll 325 penalties 236 pending 126 people 175 1919
247 36520 percent 2622 period 2510 periodically 1012
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128 211 provision 3810 public 15 2245
1016 11161718 1119 124 1323 2122 2711 322 3233419 3312 34111517 375 38412 4820
publicly 211 3919
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4217 pup 715 puppies 720 916
1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
putting 517
reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
285 receipt 2322 received 3915
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recognition 1624 recognize 4020 record 3224 479
5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
2424 regarding 116
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reids 1418 reign 2016 reimbursement
439
reintroduce 4011 related 59 remarks 331
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221523 232310 reports 2020 211
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reputable 266 request 1011 216
2320 381719 4724
requesting 3015 require 611 requirements 24
57 63 132 4016 4124
rescue 25716 262
residence 362 residents 66 711 resolution 520
132124 162 234 3823 3920 401519 41811 412122 42116 4219 43102223 444 4510 4610 4617
resolutions 43 56 59 1717 386 4011
resolved 1123 123 151924 3819 3910 434 455 4611
resounding 2521
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qualifications 1011 381720
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724 242024 2520 3611 4010
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quite 816
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r 21 159 511 raffle 112 3015
44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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rest 307 restricted 72425 restriction 2425 restrictions 718 retired 1523 revenue 322 reversal 2715 reviewed 453 reword 251 rfqs 381820 richardson 146
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risk 2118 robert 1511 rogers 114 211
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scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
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seen 287 sell 192 227 253
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3821 44221
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
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thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
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thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
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3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
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214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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- are the consumers But it gives guidelines with regard to
where theyre getting these animals from And its good for
the consumers to know and frankly it probably would be a
lot better off for these pet store owners because they may
not even know where theyre getting some of these animals
from They may be getting them through second or third
parties
So theyll be -- so itll be helpful to everyone
all around
COMMISSIONER EVANS I agree Thank you for
clarifying that
COMMISSIONER ROGERS Thank you
COMMISSIONER EVANS I was reading this as -- that
it would prohibit pet stores in Nutley and I wasnt sure
that was the direction we would want to go to prohibit a
business that could actually do quite well given our
population and so on So between cats and dogs we must
give out 2000 licenses a year So theres a very
significant membership of our community that are pet lovers
and they should have that ability to be more confident in
what they purchase is going to be from a place that we would
all be proud of like breeders and so on
COMMISSIONER ROGERS Yeah thats right
COMMISSIONER EVANS As long as were on that and
were clear Im more comfortable I dont know whether or
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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residence 362 residents 66 711 resolution 520
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quite 816
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section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
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societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
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thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
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513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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not the upfront fee in terms of reducing costs is
necessarily accurate because we dont have any Where
theres nothing that we had in existence that were
streamlining So just -- I was just curious
(indiscernible) You dont have to answer me I just --
that was my reaction when I read it
COMMISSIONER ROGERS Okay And believe me well
go over this again and if there needs to be any changes
well make them
COMMISSIONER EVANS Very well
COMMISSIONER TUCCI So I just want to understand
the rationale behind this All right So this is to
prevent overbreeding inbreeding and minimal to non-existent
veterinary care --
COMMISSIONER ROGERS Yes
COMMISSIONER TUCCI -- for puppies so that anyone
who wanted to purchase a pet in Nutley a cat a kitten
what have you all right would be assured that they came
from someplace other than a puppy mill
COMMISSIONER ROGERS Exactly you want to make
sure youre getting a quality pet thats been taken care of
thats had its shots that has not come from a breeder that
frankly would put for months 10 15 dogs in one cage
COMMISSIONER TUCCI Right So the intention here
is to curb the demand for puppy mill pets --
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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4 a true and accurate record of the proceedings
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1 COMMISSIONER ROGERS Yes
2 COMMISSIONER TUCCI -- all right so that theyre
3 provided by bona fide breeders who do things the correct
4 way
COMMISSIONER ROGERS Exactly
6 COMMISSIONER TUCCI All right Okay
7 COMMISSIONER ROGERS Thank you
8 MAYOR SCARPELLI Commissioner Tucci
9 COMMISSIONER TUCCI Yes I dont have anything
as interesting as Steves but I do have a couple of things
11 I have a request for qualifications for Township Forester
12 And this is something we do periodically And I also want
13 to advertise for sealed bids for the Park Avenue cellular
14 antenna installation And thats all I have
MAYOR SCARPELLI I have -- on behalf of the Board
16 of Commissioners I have a public hearing on the Historic
17 P reservation ordinance which weve gone over numerous
18 times And I have approval for various raffles a contract
19 to DampL Paving for Harrison Street improvements which is a
DOT grant And we have which well take out of order we
21 have a dedication to JW Reid Sr and the family is
22 scheduled to be here So well do that when we can
23 Madam Clerk
24 MADAM CLERK Yes Mayor We have regular meeting
minutes and executive session minutes for approval And we
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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1 have two organizations that are looking for approval for --
2 one is for a Sunday raffle and the other one is for a
3 Beefsteak And thats it
4 MAYOR SCARPELLI Counselor
MR GENITEMPO We have a need for executive
6 session regarding litigation COAH and on a
7 contract
8 COMMISSIONER TUCCI Potential litigation
9 MR GENITEMPO Potential litigation
MAYOR SCARPELLI Mr Iglesino welcome
11 MR IGLESINO Thank you very much Mr Mayor
12 MAYOR SCARPELLI Can I have a motion to go into
13 executive session
14 COMMISSIONER TUCCI Move
COMMISSIONER PETRACCO Second
16 Whereas Section 8 of the Open Public Meeting Act
17 Chapter 231 Public Law 1975 permits the exclusion of the
18 public for meeting in certain circumstances and whereas
19 the public body is of the opinion that such circumstances
exist and whereas the Board of Commissioners of the
21 Township of Nutley in the County of Essex in the State of
22 New Jersey desires to proceed to closed executive session
23 And now therefore be it resolved by the Board of
24 Commissioners of the Township of Nutley move into closed
executive session to discuss litigation COAH and potential
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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1 litigation
2 MR GENITEMPO Yes
3 MADAM CLERK Be it further resolved that the time
4 when special discussion may be disclosed to the public shall
be when and as such disclosure may be made without adversely
6 affecting the Township of Nutley pending andor anticipated
7 legal personnel contractual matters and other matters
8 within the exceptions provided for by statute
9 Commissioner Rogers
COMMISSIONER ROGERS Here Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK The time is 726
(End of audio)
21 (Pledge of Allegiance)
22 MAYOR SCARPELLI We apologize that you all had to
23 wait this evening We had counsel in the back and we
24 apologize again for having you waiting so long
Madam Clerk
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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4 a true and accurate record of the proceedings
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2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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1 MADAM CLERK Yes Mayor
2 Pursuant to the requirements of the Open Public
3 Meeting Act (Chapter 231 Public Law 1975) notice of this
4 meeting was published in the December 1st 2016 issues of
The Nutley Sun and the Herald News and the December 2nd
6 2016 issue of the Star Ledger A copy of this notice has
7 been posted on the Nutley Town Hall bulletin board and a
8 copy is on file in the Municipal Clerkrsquos Office
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Here
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Here
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Here
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Here
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Here
19 MADAM CLERK All present Mayor
MAYOR SCARPELLI All right Were going to skip
21 right to resolution in honor of JW Reid Sr Our
22 condolences to the family on the loss of your father and
23 your brother your grandfather And Im going to read this
24 resolution in honor of Mr Reid who I remember as a young
boy He had a station wagon that he used to drive around
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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4821 50721 months 923 207 meetings 2325 216 239 melinda 159 moore 36101015 member 1415 361822 472222
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members 154 3017 3111 3312 1719 332 4712 3417 4820 4912
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merchandise move 111424 4421 162 29722
met 57 4016 3018 3112 326 4124 3313 3418 354
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196 4914 mike 345 3617 moved 147 4022 military 58 1418 508 mill 720 91925 moving 4725 mills 42222 523 multiple 223
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needs 518 98 negotiations 512 neither 725 272 nephews 1518 never 24911
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news 27 135 nieces 1518 nj2684148 125 non 913 north 1545 noted 233 notice 258 1336
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ordinances 32 420
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petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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276 premise 442023
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problems 192025 proceed 1122 proceedings 16
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3813 profits 195 profoundly 173 program 2224
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publicly 211 3919
published 26 134 pulled 182 3411
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1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
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reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
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21415 221520 2312
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57 63 132 4016 4124
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residence 362 residents 66 711 resolution 520
132124 162 234 3823 3920 401519 41811 412122 42116 4219 43102223 444 4510 4610 4617
resolutions 43 56 59 1717 386 4011
resolved 1123 123 151924 3819 3910 434 455 4611
resounding 2521
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qualifications 1011 381720
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724 242024 2520 3611 4010
questions 5514 189
quite 816
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r 21 159 511 raffle 112 3015
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responsible 2617 2619 2725
rest 307 restricted 72425 restriction 2425 restrictions 718 retired 1523 revenue 322 reversal 2715 reviewed 453 reword 251 rfqs 381820 richardson 146
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right 39 823 912 91824 1026 132021 2512 2615 27271721 28524 384 503
risk 2118 robert 1511 rogers 114 211
212 324 41516 514 6522 721 81223 971520 10157 1115 12910 13910 1656 172 1815 241922 251214 26410151824 274717 28414 2825 29791024 2925 302021 311415 3289 33141516 3420 3421 3567 372 3736781819 3720 3825 391 392223 402425 411314 423420
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rogoff 438 role 174 rory 3610 4722 routine 2225 rules 69 run 2118 running 4215 ruth 1512
33102324 347 3410 35341415 36824 371516 3823 3989 405 406823 4167 41121920 4229 421012 432320 4321 44141517 452021 472320 4723 4831825 4910112324 50361819
scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
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seen 287 sell 192 227 253
2510172325 2682325 2714
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11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
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22023 41215 5313 10815 1141012 1217 121822 131718 1320 161819 1771622 181 28172024 292 291718 308911 3013 31562223 3125 32161719
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society 425 212 statement 2525 2113 2317 statements 2621
societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
814 921 1812 4810 491
survived 157
thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
1010 198 2312 241
think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
4011 thursday 3820
3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
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2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
482 407 411 4314 towns 1816 2120 4315 4489 township 11 45111415 4618
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
w
w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
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york 1410 young 1324
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in And hed be parked in front of Freds candy store
going in to get a cup of coffee But good man and were
sorry for your loss
Whereas Joseph Wilbert Reid known to many as
JW was born on December 4th 1929 He married the love of
his life Malissie E Richardson on January 29th 1951 and
moved to Nutley to raise his family and
Whereas in his early life Joseph Wilbert Reid
Sr was a Golden Gloves boxer and a singer contestant at
the famed Apollo Theater in New York City He was no
stranger to hard work and was an original serial
entrepreneur He operated a shoe shine business several
hot dog stands drove a taxi owned an ice cream vendor
business and worked as a postal carrier in Nutley He was a
Boy Scout Leader a member of the Kiwanis Club and United
Upholstery Guild and
Whereas Joseph joined the US Army at the age of
17 Following his military service he launched Reids
Interior Decorating amp Upholstery in Orange New Jersey in
1949 which he and his wife operated this successful
business for over 54 years and
Whereas Joseph always put his love for his family
and God above everything Joseph was a dedicated and
faithful Deacon at First Baptist Church in Nutley and was
among several Deacons who pledged their home up as
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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2417 opras 481 orange 1419 438 order 1020 2413
4214 ordinance 417
5151618 6210 717 1017 1826 341012121213 3416 3541617 351821 36789 3625 37117 4657
ordinances 32 420
organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
59 419 439 owens 3110 owned 1413 owner 725 244
2510 276 owners 73 84
244
p permission 3015 permit 318 4122 permits 1117 person 1713
3225 4710 personnel 512
127 persons 3222
477 pet 41720 524
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petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
474 482025 post 2017 4420 postal 1414 posted 28 137 potential 118925
276 premise 442023
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245 preservation
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4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
271114 292 3525 4013 4817
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2214 2621 packets 1813 page 441 park 1013 3016
362 3913 parked 141 parking 38915
41 351925 364 36721
parks 324 3812 part 425 171
2015 23610 2621
particular 69 2222 2416
parties 87 partner 262 party 411 pass 4019 passed 1924 207 passing 419 passion 2818 patient 188 pause 1725 2823 paving 1019
4525 4614 pay 2010 payroll 325 penalties 236 pending 126 people 175 1919
247 36520 percent 2622 period 2510 periodically 1012
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problems 192025 proceed 1122 proceedings 16
514 professional 389
3813 profits 195 profoundly 173 program 2224
232 prohibit 61016
71721 81415 256
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2612 project 4523 463 property 324
3813 prosecuting 237 prosecutors 4724 protect 778 288 protected 278 protection 1877
1924 207 proud 822 171 proudly 162 provide 263
3224 479 486 provided 103
128 211 provision 3810 public 15 2245
1016 11161718 1119 124 1323 2122 2711 322 3233419 3312 34111517 375 38412 4820
publicly 211 3919
published 26 134 pulled 182 3411
4217 pup 715 puppies 720 916
1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
putting 517
reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
285 receipt 2322 received 3915
4418 4523 466 4723
recognition 1624 recognize 4020 record 3224 479
5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
2424 regarding 116
3223 478 regular 1024 295 regulated 203 reid 1021 1321
1324 1448 152 15378891010 151011121313 1522 161 1719 2822
reids 1418 reign 2016 reimbursement
439
reintroduce 4011 related 59 remarks 331
4711 remember 1324
1521 report 21513
221523 232310 reports 2020 211
21415 221520 2312
reputable 266 request 1011 216
2320 381719 4724
requesting 3015 require 611 requirements 24
57 63 132 4016 4124
rescue 25716 262
residence 362 residents 66 711 resolution 520
132124 162 234 3823 3920 401519 41811 412122 42116 4219 43102223 444 4510 4610 4617
resolutions 43 56 59 1717 386 4011
resolved 1123 123 151924 3819 3910 434 455 4611
resounding 2521
q
qualifications 1011 381720
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724 242024 2520 3611 4010
questions 5514 189
quite 816
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r 21 159 511 raffle 112 3015
44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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responsible 2617 2619 2725
rest 307 restricted 72425 restriction 2425 restrictions 718 retired 1523 revenue 322 reversal 2715 reviewed 453 reword 251 rfqs 381820 richardson 146
151414141516 151617
right 39 823 912 91824 1026 132021 2512 2615 27271721 28524 384 503
risk 2118 robert 1511 rogers 114 211
212 324 41516 514 6522 721 81223 971520 10157 1115 12910 13910 1656 172 1815 241922 251214 26410151824 274717 28414 2825 29791024 2925 302021 311415 3289 33141516 3420 3421 3567 372 3736781819 3720 3825 391 392223 402425 411314 423420
422122 431112 4313 44567 451213 461920 4823 49231516 5091011
rogoff 438 role 174 rory 3610 4722 routine 2225 rules 69 run 2118 running 4215 ruth 1512
33102324 347 3410 35341415 36824 371516 3823 3989 405 406823 4167 41121920 4229 421012 432320 4321 44141517 452021 472320 4723 4831825 4910112324 50361819
scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
seeing 3311 3416 3625 4819
seen 287 sell 192 227 253
2510172325 2682325 2714
selling 209 2712 send 4815 senior 1321 september 319
3821 44221
serial 1411 service 1418
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3815 4123 session 1025 116
11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
s
s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
267 scarpelli 115 219
22023 41215 5313 10815 1141012 1217 121822 131718 1320 161819 1771622 181 28172024 292 291718 308911 3013 31562223 3125 32161719
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society 425 212 statement 2525 2113 2317 statements 2621
societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
814 921 1812 4810 491
survived 157
thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
1010 198 2312 241
think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
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3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t
t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
2820 taken 75 921
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2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
482 407 411 4314 towns 1816 2120 4315 4489 township 11 45111415 4618
1011 112124 462122 494514 126 15202123 491718 50812 3413 3518 388 5013 38151822 3911 tuesday 23 321 39121416 4356 451 456 46121516 two 59 111 191
trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
w
w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
197 221018 2319
went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
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y
yard 4325 yeah 31318 721
823 169 3618 year 818 2025
21122022 238 344
years 1421 1622 1924 287 345 4021
york 1410 young 1324
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collateral to help fund the church construction Joseph
Wilbert Reid Sr retired as Deacon Emeritus and
Whereas Joseph W Reid Sr and his wife retired
to Red Oak North Carolina in 2001 They became members of
the Pine Chapel Baptist Church family in Hollister North
Carolina where he was a member of the choir and
Whereas Joseph Wilbert Reid Sr is survived by
his wife Malissie E Reid five children Malissie L Reid
Joseph Wilbert Reid Jr Melinda R Gerrard Anthony D
Reid Jonathan A Reid daughters-in-law Danilova Reid Lisa
Reid son-in-law Robert Gerrard 10 grandchildren 2 great
grandchildren siblings Ruth Veney Hester Davis Joel Reid
sisters-in-law Helen Reid Virginia Reid Magnolia
Richardson Berlene Richardson Jean Richardson Sally Mae
Brinson Eveline Jones Laura Richardson Connie Silver
brothers-in-law Delano Richardson Clinton Richardson Mark
Delano Richardson John Silver Milton Brinson and a host of
nieces nephews family and friends
Now therefore be it resolved by the Mayor and
the Board of Commissioners of the Township of Nutley County
of Essex State of New Jersey that the Township remember
Deacon Joseph Wilbert Reid Sr for his distinguished
contributions and service to the Township of Nutley and
Be it further resolved that the community extends
its sincerest condolences to the family and friends of
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
22
23
24
Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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ones 2312 oozing 2314 open 24 611
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responsible 2617 2619 2725
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section 517 1116 2424 256 3519
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set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
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theater 1410 thereon 3520 thing 2815 things 615 103
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thinking 312 third 86 thomas 118 thorough 2113 thousands 418
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times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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Deacon Joseph Wilbert Reid Sr
I proudly move this resolution on behalf of the
Board of Commissioners
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans Commissioner
Evans
COMMISSIONER EVANS Yeah sorry it was on mute
Sorry Yes Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Id just like to say what
a tribute in all of those names on the list to leave -- what
you leave behind is really all that matters and apparently
he left a lot behind I vote aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye Commissioners do you have
anything youd like to add
COMMISSIONER TUCCI Malissie you and I go back
many many years I just want to once again the mayor
said it very eloquently but I want to extend my condolences
to you and your family Its the recognition that were
bestowing upon your dad tonight is well deserved and Im
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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[tooth - young] Page 14
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years 1421 1622 1924 287 345 4021
york 1410 young 1324
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just proud to be part of it
COMMISSIONER ROGERS You know he was a good man
a good American but I believe so profoundly important in
this day and age a real good role model for many many
people to follow Thank you for sharing him with us and God
bless your family
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Can I Thank you I just
wanted to share that I didnt know your father but I was so
impressed with his commitment to helping others and being a
genuine caring individual I didnt want to miss voting on
this tonight so Im calling in Unfortunately I cant be
there in person But as it has already been conveyed my
condolences to your family and thank you for allowing him to
do the fine work that he did
MAYOR SCARPELLI Anybody from the family like to
address the Board If not we have some resolutions for you
to take in honor of your dad Come on up Malissie
MS REID I just want to thank all of the board
members for bestowing this honor on my dad and our family We
appreciate it
MAYOR SCARPELLI Thank you
I dont know if you guys want to come up to get
those or you want us just to get --
(Pause)
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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16910 2017 stickers 3620 374 stop 235
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MAYOR SCARPELLI I know that Commissioner Rogers
has pulled one of his ordinance introductions but are we
going to hear from Mr Cohen tonight Mr Cohen do you
want to come up and address the Board
COMMISSIONER ROGERS Ladies and gentlemen Im
going to table ordinance number 3368 It involves the
protection of consumers and the protection of pets Mr
Larry Cohen youve been very patient Weve been talking a
lot but I have a couple of questions But before I ask
can you please give the Board of Commissioners an idea of
where were going with this
MR CO HEN Sure absolutely And I have some
packets here for each board member that I think has some
really great information that will help educate you on this
situation
Basically towns across the country as well as
the State of California one legislative step away from
doing this and the State of Massachusetts where this has
been introduced are looking to try and dry up the demand
for dogs that come from large commercial breeders mostly in
the Midwest referred to as puppy mills because of the
conditions in which they are bred
Unfortunately in New Jersey by law pet stores
must source their animals from USDA licensed breeders
Henceforth these large commercial breeders in the Midwest
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[adjusters - bids] Page 2
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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2417 opras 481 orange 1419 438 order 1020 2413
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ordinances 32 420
organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
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244
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petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
474 482025 post 2017 4420 postal 1414 posted 28 137 potential 118925
276 premise 442023
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4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
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41 351925 364 36721
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4525 4614 pay 2010 payroll 325 penalties 236 pending 126 people 175 1919
247 36520 percent 2622 period 2510 periodically 1012
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problems 192025 proceed 1122 proceedings 16
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3813 prosecuting 237 prosecutors 4724 protect 778 288 protected 278 protection 1877
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publicly 211 3919
published 26 134 pulled 182 3411
4217 pup 715 puppies 720 916
1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
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reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
285 receipt 2322 received 3915
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recognition 1624 recognize 4020 record 3224 479
5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
2424 regarding 116
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reintroduce 4011 related 59 remarks 331
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reputable 266 request 1011 216
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risk 2118 robert 1511 rogers 114 211
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section 517 1116 2424 256 3519
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set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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New Jersey only has two USDA licensed breeders They dont
sell to New Jersey pet stores So despite what you may
hear pet stores in New Jersey cant source their dogs from
hobby breeders or backyard breeders anything like that So
to maximize profits they go to these huge breeders in the
Midwest
They are legislated by the Animal Welfare Act
which among other things allows legally for the confinement
of dogs 247 and allows dogs to be bred at their first heat
cycle and every one thereafter It does not mandate
continuous water for dogs or socialization or human contact
It allows dogs when a breeder is done with them to be
killed
So youve got hundreds of thousands of dogs that
are being bred in these terrible inhumane conditions
Youve got dogs that are being used as I guess puppy
slaves and then being killed once theyre done with them
And this is whats coming into the State of New Jersey And
people arent aware of that
And there are many problems very often with these
puppies that dont arise until after somebody has bought the
dog and brought them home New Jersey has tried to
legislate this Something called the Pet Purchase
Protection Act was passed a couple of years ago But there
are a couple of problems and one recent one that has made
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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3914 anthony 159 anticipated 126 anybody 1716
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anymore 239 anyway 2712 apollo 1410 apologize 122224 apparently 1616 application 510
614 318 4122 applications 4418
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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[tooth - young] Page 14
tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
615 word 2412 words 231 2517 work 1411 1715 worked 1414 works 323 364 worst 1017 wounds 2314 wrong 261
y
yard 4325 yeah 31318 721
823 169 3618 year 818 2025
21122022 238 344
years 1421 1622 1924 287 345 4021
york 1410 young 1324
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this a critical problem First the pet stores had to be
dragged into this transparency that they now tout They
will argue that they are the most regulated industry in the
nation that everything is above board They fought this
tooth and nail before it was enacted
And then they had to be fined into compliance
Six months after the Pet Purchase Protection Act was passed
the state went out and inspected the 29 stores at the time
that were selling puppies 26 of them were in violation of
the law and they were all fined And they pay these fines
as a course of doing business
The state has yet to go out again There have
been efforts to try and get the state to go out again They
dont have the time or the manpower or frankly in some
cases the will to do so So the part of this law that was
supposed to reign this problem in was the fact that these
breeders -- these stores Im sorry had to post in their
stores cards which listed their breeders where these dogs
came from and the history of these breeders and most
importantly what these breeders inspection reports looked
like
The USDA is supposed to go out and inspect these
breeders They dont do a very good job with it which I
can document
In February of this year the USDA which had
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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mae 1514 magnolia 1513 mail 2468 majority 336
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1818 matter 2111 226 matters 1277
1616 mauro 116 maximize 195 mayor 115 219
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mean 2312 misread 716 meet 275 2812 mission 2525 meeting 15 234 mistake 2411
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4017 nail 205 name 3224 479 names 1615 nation 204 2523 nationwide 76 nature 523 necessarily 92
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4821 50721 months 923 207 meetings 2325 216 239 melinda 159 moore 36101015 member 1415 361822 472222
156 1813 334 48591216 4714 motion 1112
members 154 3017 3111 3312 1719 332 4712 3417 4820 4912
membership 819 506 337 4717 motor 46
merchandise move 111424 4421 162 29722
met 57 4016 3018 3112 326 4124 3313 3418 354
michael 57 4016 367 371417 microphone 3223 38523 3920
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196 4914 mike 345 3617 moved 147 4022 military 58 1418 508 mill 720 91925 moving 4725 mills 42222 523 multiple 223
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needs 518 98 negotiations 512 neither 725 272 nephews 1518 never 24911
2525 new 11 1122
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news 27 135 nieces 1518 nj2684148 125 non 913 north 1545 noted 233 notice 258 1336
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325 513 97 106 116 2119 2514 26151518 274 2717 285 4816 501020
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2118 249
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opened 3918 4524
operate 2120 operated 141220 opinion 1119
2417 opras 481 orange 1419 438 order 1020 2413
4214 ordinance 417
5151618 6210 717 1017 1826 341012121213 3416 3541617 351821 36789 3625 37117 4657
ordinances 32 420
organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
59 419 439 owens 3110 owned 1413 owner 725 244
2510 276 owners 73 84
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p permission 3015 permit 318 4122 permits 1117 person 1713
3225 4710 personnel 512
127 persons 3222
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6411202325 731217192225 841419 91721 1823 192323 2017 2131014 21161924 222 23161924 2434 2536102123 2671223 2720 2811
petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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276 premise 442023
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271114 292 3525 4013 4817
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particular 69 2222 2416
parties 87 partner 262 party 411 pass 4019 passed 1924 207 passing 419 passion 2818 patient 188 pause 1725 2823 paving 1019
4525 4614 pay 2010 payroll 325 penalties 236 pending 126 people 175 1919
247 36520 percent 2622 period 2510 periodically 1012
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problems 192025 proceed 1122 proceedings 16
514 professional 389
3813 profits 195 profoundly 173 program 2224
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71721 81415 256
prohibitions 3621 prohibits 223
2612 project 4523 463 property 324
3813 prosecuting 237 prosecutors 4724 protect 778 288 protected 278 protection 1877
1924 207 proud 822 171 proudly 162 provide 263
3224 479 486 provided 103
128 211 provision 3810 public 15 2245
1016 11161718 1119 124 1323 2122 2711 322 3233419 3312 34111517 375 38412 4820
publicly 211 3919
published 26 134 pulled 182 3411
4217 pup 715 puppies 720 916
1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
putting 517
reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
285 receipt 2322 received 3915
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recognition 1624 recognize 4020 record 3224 479
5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
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reids 1418 reign 2016 reimbursement
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reintroduce 4011 related 59 remarks 331
4711 remember 1324
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221523 232310 reports 2020 211
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2320 381719 4724
requesting 3015 require 611 requirements 24
57 63 132 4016 4124
rescue 25716 262
residence 362 residents 66 711 resolution 520
132124 162 234 3823 3920 401519 41811 412122 42116 4219 43102223 444 4510 4610 4617
resolutions 43 56 59 1717 386 4011
resolved 1123 123 151924 3819 3910 434 455 4611
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quality 921 question 521 618
724 242024 2520 3611 4010
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quite 816
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r 21 159 511 raffle 112 3015
44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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rest 307 restricted 72425 restriction 2425 restrictions 718 retired 1523 revenue 322 reversal 2715 reviewed 453 reword 251 rfqs 381820 richardson 146
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right 39 823 912 91824 1026 132021 2512 2615 27271721 28524 384 503
risk 2118 robert 1511 rogers 114 211
212 324 41516 514 6522 721 81223 971520 10157 1115 12910 13910 1656 172 1815 241922 251214 26410151824 274717 28414 2825 29791024 2925 302021 311415 3289 33141516 3420 3421 3567 372 3736781819 3720 3825 391 392223 402425 411314 423420
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rogoff 438 role 174 rory 3610 4722 routine 2225 rules 69 run 2118 running 4215 ruth 1512
33102324 347 3410 35341415 36824 371516 3823 3989 405 406823 4167 41121920 4229 421012 432320 4321 44141517 452021 472320 4723 4831825 4910112324 50361819
scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
seeing 3311 3416 3625 4819
seen 287 sell 192 227 253
2510172325 2682325 2714
selling 209 2712 send 4815 senior 1321 september 319
3821 44221
serial 1411 service 1418
1523 services 38914
3815 4123 session 1025 116
11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
267 scarpelli 115 219
22023 41215 5313 10815 1141012 1217 121822 131718 1320 161819 1771622 181 28172024 292 291718 308911 3013 31562223 3125 32161719
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society 425 212 statement 2525 2113 2317 statements 2621
societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
814 921 1812 4810 491
survived 157
thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
1010 198 2312 241
think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
4011 thursday 3820
3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
2820 taken 75 921
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2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
482 407 411 4314 towns 1816 2120 4315 4489 township 11 45111415 4618
1011 112124 462122 494514 126 15202123 491718 50812 3413 3518 388 5013 38151822 3911 tuesday 23 321 39121416 4356 451 456 46121516 two 59 111 191
trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
w
w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
197 221018 2319
went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
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yard 4325 yeah 31318 721
823 169 3618 year 818 2025
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years 1421 1622 1924 287 345 4021
york 1410 young 1324
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provided those inspection reports publicly and thats what
all kinds of groups like the Humane Society and everybody
else used to keep these pet stores in check the USDA wiped
these inspection reports from its website So when you try
and get an inspection report now you have to file a
request It takes -- this one took us three months And
this is what they look like now You get nothing Every
single piece of information is redacted
So there is absolutely no way at this point to
know what is happening with any breeder that any pet store
in New Jersey is using And the fact of the matter is and
I have all of this in this packet for you just about a year
ago the Humane Society did a thorough investigative report
of pet stores in New Jersey And at the time they were
able to look up the inspection reports of their breeders
Pet stores have to submit a list
As a former middle school teacher I know that I
run the risk of losing your attention once you start to look
at this but thats okay Pet stores have to submit a list
to their towns where they operate by May 1st of every year
listing all the breeders that theyve used the previous
year I have a couple of these lists because its public
information
This is from a pet store in Whitehouse Station
So groups took these lists and cross-checked them against
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[adjusters - bids] Page 2
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
ones 2312 oozing 2314 open 24 611
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
814 921 1812 4810 491
survived 157
thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
1010 198 2312 241
think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
4011 thursday 3820
3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
431724 52 1625 1712 183
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
2820 taken 75 921
501 takes 216 talk 313 2624
2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
2411
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
482 407 411 4314 towns 1816 2120 4315 4489 township 11 45111415 4618
1011 112124 462122 494514 126 15202123 491718 50812 3413 3518 388 5013 38151822 3911 tuesday 23 321 39121416 4356 451 456 46121516 two 59 111 191
trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
w
w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
war 4017 washington 3521 watched 68 watching 345 water 1911 way 716 104
219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
197 221018 2319
went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
615 word 2412 words 231 2517 work 1411 1715 worked 1414 works 323 364 worst 1017 wounds 2314 wrong 261
y
yard 4325 yeah 31318 721
823 169 3618 year 818 2025
21122022 238 344
years 1421 1622 1924 287 345 4021
york 1410 young 1324
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the inspection reports of the breeders In 2015 19 New
Jersey pet stores purchased puppies from USDA breeders with
multiple and severe violations which state law prohibits
Now we dont know whats happening because we cannot -- you
cannot nobody can access these reports
So the truth of the matter is if a store were to
open in Nutley and decide to sell puppies you would have no
idea what kind of breeders they were sourcing those puppies
from You would have no idea if those breeders were in
compliance with even the Animal Welfare Act which has
horrendous standards of care or if they were violating it
And unfortunately when we say violating it we
are talking about very disturbing situations and if you open
your packet on the left side youll see the Humane
Societys investigative report That talks about a lot of
these violations that these breeders were found to have been
committing Behind that Ive listed what the Animal
Welfare Act allows So you can see how minimal these
standards are And then behind that Ive given each of you
some examples of actual breeder inspection reports that we
were able to get before the USDA wiped them clean
One in particular which obviously we will all
find horrifying is an inspection report where the breeder a
woman in Iowa listed on her own program of veterinary care
that the routine way that she euthanized her animals was
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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4821 50721 months 923 207 meetings 2325 216 239 melinda 159 moore 36101015 member 1415 361822 472222
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members 154 3017 3111 3312 1719 332 4712 3417 4820 4912
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merchandise move 111424 4421 162 29722
met 57 4016 3018 3112 326 4124 3313 3418 354
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news 27 135 nieces 1518 nj2684148 125 non 913 north 1545 noted 233 notice 258 1336
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325 513 97 106 116 2119 2514 26151518 274 2717 285 4816 501020
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organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
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3225 4710 personnel 512
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petco 2524 2625 petitioned 2318 petracco 117 217
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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276 premise 442023
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particular 69 2222 2416
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4525 4614 pay 2010 payroll 325 penalties 236 pending 126 people 175 1919
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1924 207 proud 822 171 proudly 162 provide 263
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purchase 821 917 1923 207
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pursuant 24 45 132 3810 4017
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1323 251 3919 4215
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5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
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57 63 132 4016 4124
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132124 162 234 3823 3920 401519 41811 412122 42116 4219 43102223 444 4510 4610 4617
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44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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risk 2118 robert 1511 rogers 114 211
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rogoff 438 role 174 rory 3610 4722 routine 2225 rules 69 run 2118 running 4215 ruth 1512
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1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
seeing 3311 3416 3625 4819
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3821 44221
serial 1411 service 1418
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3815 4123 session 1025 116
11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
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societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
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thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
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thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
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3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
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2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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197 221018 2319
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gunshot to the brain at close range Those are her words on
her veterinary program And its in the report And the
USDA inspector noted that in the report and at the bottom
they list what the resolution is And basically what they
said is you have to stop doing this There are not
penalties There are not fines for the most part The USDA
is not interested in prosecuting these horrible actors
They basically say when we come back in a year or
six months you shouldnt be doing this anymore Now the
saddest part of this is even that horrendous report is not
that much of an outlier if you look at some of the other
ones I mean these reports are filled with things like
dogs with jaw bones that are exposed Theyre infested with
ticks Oozing wounds all over the place It goes on and
on and on
And to give you an idea of where the pet stores
are in this issue first of all the Humane Society and
ASPCA petitioned the USDA and asked them to upgrade their
standards of care in the Animal Welfare Act Not one pet
store signed on to that request And the USDA to this point
has done nothing about it other than acknowledge its
receipt
But I think whats more telling is there are some
pet stores that have started to follow us around to council
meetings like this and they have tried to dissuade councils
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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[tooth - young] Page 14
tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
war 4017 washington 3521 watched 68 watching 345 water 1911 way 716 104
219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
197 221018 2319
went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
615 word 2412 words 231 2517 work 1411 1715 worked 1414 works 323 364 worst 1017 wounds 2314 wrong 261
y
yard 4325 yeah 31318 721
823 169 3618 year 818 2025
21122022 238 344
years 1421 1622 1924 287 345 4021
york 1410 young 1324
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from believing these things that we are documenting that we
are giving you And when I bring this up about this breeder
in Iowa who shot her dogs in the head oftentimes the pet
store owner -- one of the pet store owners who bought dogs
from this breeder has been present and he has spoken and
he may speak to you or you may hear from him via e-mail
Youre probably going to hear from a lot of those people via
Never once has he ever said I condemn what this
woman did or I was abhorred to find out about this I
denounce her I made a terrible mistake Never Not one
word In fact at the last meeting in Clark what he did do
instead was he handed me a generic cease and desist order
To Whom It May Concern dated December 21st 2016 So he
had these business cards And it basically said that
anybody who says something about this particular breeder in
this lawyers opinion is defaming them and legal action
could ensue
COMMISSIONER ROGERS Mr Cohen I have a
question
MR CO HEN Absolutely
COMMISSIONER ROGERS I talked to some breeders
I talked to some trainers and they do support what youre
doing here But I have a question with regard to Section 2
the restriction on the sale of animals which I see the
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[adjusters - bids] Page 2
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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operate 2120 operated 141220 opinion 1119
2417 opras 481 orange 1419 438 order 1020 2413
4214 ordinance 417
5151618 6210 717 1017 1826 341012121213 3416 3541617 351821 36789 3625 37117 4657
ordinances 32 420
organizations 111 25717 4419
original 1411 outlier 2311 overbreeding 913 overpayment 44
59 419 439 owens 3110 owned 1413 owner 725 244
2510 276 owners 73 84
244
p permission 3015 permit 318 4122 permits 1117 person 1713
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petco 2524 2625 petitioned 2318 petracco 117 217
2182325 346 310182125 49 413 121516 131516 161314 298151623 305 30619 313413 312021 321415 332122 343918 35125121316 3517 36131619 371413141725 38124 396721 4034 414517 4118 42781314 4225 43141819 4322 44121316 451819 4625 471 4822 4989
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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276 premise 442023
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4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
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41 351925 364 36721
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247 36520 percent 2622 period 2510 periodically 1012
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1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
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purchased 71 222
pursuant 24 45 132 3810 4017
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reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
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recognition 1624 recognize 4020 record 3224 479
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residence 362 residents 66 711 resolution 520
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44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
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3821 44221
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
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1914 three 56 216 331
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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intent Im going to read it And maybe we could reword
it because I think there could be a misinterpretation
It says here that No pet store shall sell
deliver offer for sale barter auction give away or
otherwise transfer or dispose of dogs or cats And nothing
in this section shall prohibit pet stores from collaborating
with animal care facilities rescue organizations
etcetera
What comes out at me is its almost saying to the
pet store owner you cant sell dogs or cats period
MR CO HEN Correct
COMMISSIONER ROGERS All right Now --
MR CO HEN Thats the intent
COMMISSIONER ROGERS Okay But if theyre
getting these dogs and cats within the guidelines that you
have here from animal care facilities and rescue
organizations can they not sell them In other words what
Im driving at is it going to hurt -- is it going to
ultimately hurt someones business
MR CO HEN No The answer to that question I
would say is a resounding no First of all the pet supply
industry is a billion dollar industry Twenty four of the 25
largest pet store chains in the nation do not sell dogs and
cats The two biggest PetSmart and Petco have in their code
of -- their mission statement that they never will sell dogs
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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section 517 1116 2424 256 3519
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
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or cats because they believe in how wrong it is And that
instead they will partner with rescue groups and shelters
to provide space on occasion to do so
COMMISSIONER ROGERS Well heres what Im
driving at I hear what youre saying I get it But what
if you got a breeder a reputable good breeder and he goes
to the local pet store and he says look Ive got my dog
but Id like you to help me sell it
MR CO HEN By law he cant do that
COMMISSIONER ROGERS He wouldnt be able to do
that
MR CO HEN New Jersey law prohibits pet stores
from sourcing their animals from anyone other than a USDA
licensed breeder
COMMISSIONER ROGERS Okay Okay All right
MR CO HEN This does nothing to harm a
responsible hobby breeder It has nothing to do with it
COMMISSIONER ROGERS Okay
MR CO HEN You know if you know of a responsible
breeder we would encourage you to go to them Youll see
in the packet statements from breed clubs that are part of
the American Kennel Club Ninety six percent of those breed
clubs say that they would not or do not sell to pet stores
COMMISSIONER ROGERS I did talk to a trainer at
Petco and they confirmed what you said They will not sell
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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[tooth - young] Page 14
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years 1421 1622 1924 287 345 4021
york 1410 young 1324
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dogs
MR CO HEN Right Neither will responsible
breeders
COMMISSIONER ROGERS Okay I --
MR CO HEN Responsible breeders want to meet a
potential owner
COMMISSIONER ROGERS Right So the intent of
this law is to ensure that the animals are protected that
were not getting animals that have been through some
inhumane treatment from puppy mills etcetera Were
heightening public awareness of the problem Its not going
to hurt businesses because theyre not selling them anyway
MR CO HEN Currently there are 22 stores in the
state that sell puppies But the problem is given this
there may be reversal of that trend because they know they
can get away with whatever they want
COMMISSIONER ROGERS Okay All right Heres
what Im going to do I advised my colleagues that were
going to table this Id like to go over with this with
you I like it Its good Everybody heres a pet lover
right We all own dogs Youve got two Ive got a big
one German Shepherd that ate my Chihuahua What do you
think of that
MR CO HEN Id like to emphasize also that this
is not about somebody who may have bought their dog from a
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
22
23
24
Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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ones 2312 oozing 2314 open 24 611
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problems 192025 proceed 1122 proceedings 16
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responsible 2617 2619 2725
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risk 2118 robert 1511 rogers 114 211
212 324 41516 514 6522 721 81223 971520 10157 1115 12910 13910 1656 172 1815 241922 251214 26410151824 274717 28414 2825 29791024 2925 302021 311415 3289 33141516 3420 3421 3567 372 3736781819 3720 3825 391 392223 402425 411314 423420
422122 431112 4313 44567 451213 461920 4823 49231516 5091011
rogoff 438 role 174 rory 3610 4722 routine 2225 rules 69 run 2118 running 4215 ruth 1512
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scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
see 32222 519 221418 2425 2620
seeing 3311 3416 3625 4819
seen 287 sell 192 227 253
2510172325 2682325 2714
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3821 44221
serial 1411 service 1418
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3815 4123 session 1025 116
11132225 2919 4913
set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
347 salvatores 46 save 4214 saw 43 62 484 saying 259 265
4813 says 2416 253
267 scarpelli 115 219
22023 41215 5313 10815 1141012 1217 121822 131718 1320 161819 1771622 181 28172024 292 291718 308911 3013 31562223 3125 32161719
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societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
supply 2521 support 713
2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
814 921 1812 4810 491
survived 157
thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
theater 1410 thereon 3520 thing 2815 things 615 103
1010 198 2312 241
think 39 518 1813 2323 252 2723 306
thinking 312 third 86 thomas 118 thorough 2113 thousands 418
1914 three 56 216 331
4011 thursday 3820
3917 442 tickets 3614 ticks 2314 time 23 12319
20814 2114 291 3225 3520 391818 4215 4710 5045
times 1018 title 4011 4216 today 22425 47 tom 410 tomorrow 2812 tonight 3121319
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t 5111 ts 289 table 186 2719 tabled 385 take 1020 1718
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501 takes 216 talk 313 2624
2816 talked 242223 talking 188 2213 talks 2215 tat 314 taught 202 tax 568 401720
419 taxes 510 taxi 1413 teacher 2117 telephonic 118 telling 2323 terms 522 91 terrace 3523 terrible 1915
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
482 407 411 4314 towns 1816 2120 4315 4489 township 11 45111415 4618
1011 112124 462122 494514 126 15202123 491718 50812 3413 3518 388 5013 38151822 3911 tuesday 23 321 39121416 4356 451 456 46121516 two 59 111 191
trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
2710 upfront 91 tree 3814 upgrade 2318trend 2715 upholstery 1416tribute 1615 1419tried 1922 2325 usda 1824 191 true 514 202225 213 truth 226 22221 233618 try 1819 2013 2320 2613
214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
wanted 611 917 179 3622
war 4017 washington 3521 watched 68 watching 345 water 1911 way 716 104
219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
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went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
615 word 2412 words 231 2517 work 1411 1715 worked 1414 works 323 364 worst 1017 wounds 2314 wrong 261
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pet store If you bought your dog from a pet store God
bless you I hope you love your dog I hope your dog is
healthy
COMMISSIONER ROGERS Mr Cohen its a good -- in
my view all right its a good law Okay It really -- I
believe it helps the consumer from getting an animal that is
ill Ive seen that happen over the years Its good to
protect the animals I just want to refine it to ensure
that all of our Ts are crossed and Is are dotted And
make this so that we have its intent be fulfilled
So Im going to have someone get in touch with you
tomorrow and next week why dont we meet
MR CO HEN Absolutely Love to
COMMISSIONER ROGERS Hows that I appreciate
you coming here This is a good thing And hopefully well
be able to talk soon
MAYOR SCARPELLI Mr Cohen thank you We
appreciate your passion
MR CO HEN Thank you very much
MAYOR SCARPELLI I want to take a five minute
break and just have Commissioners offer their condolences to
the Reid family
(Pause)
MAYOR SCARPELLI All right Commissioners --
COMMISSIONER ROGERS Listen Mayor thank you for
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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244
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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276 premise 442023
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4716 prevailing 3918 prevent 420 913 prevented 74 previous 2121 primarily 622 probably 83 247 problem 20116
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247 36520 percent 2622 period 2510 periodically 1012
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problems 192025 proceed 1122 proceedings 16
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2612 project 4523 463 property 324
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128 211 provision 3810 public 15 2245
1016 11161718 1119 124 1323 2122 2711 322 3233419 3312 34111517 375 38412 4820
publicly 211 3919
published 26 134 pulled 182 3411
4217 pup 715 puppies 720 916
1921 209 2227 228 2714
puppy 422 523 624 7120 919 925 1821 1916 2710
purchase 821 917 1923 207
purchased 71 222
pursuant 24 45 132 3810 4017
put 923 1422 4323
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reaction 96 read 516 96
1323 251 3919 4215
reading 813 real 174 really 1616 1814
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recognition 1624 recognize 4020 record 3224 479
5014 514 red 154 redacted 218 reduce 619 reducing 621 91 referred 1821 refine 288 refund 44 41922
4125 437 refunds 59 regard 7622 81
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4711 remember 1324
1521 report 21513
221523 232310 reports 2020 211
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reputable 266 request 1011 216
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requesting 3015 require 611 requirements 24
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rescue 25716 262
residence 362 residents 66 711 resolution 520
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quite 816
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r 21 159 511 raffle 112 3015
44182123 4519 raffles 1018 raider 3014 4422 raise 147 range 231 rationale 912
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risk 2118 robert 1511 rogers 114 211
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scheduled 1022 school 2117 4425 scout 1415 sealed 1013 3913 second 32324 86
1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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sunday 112 3016 4423
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513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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years 1421 1622 1924 287 345 4021
york 1410 young 1324
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1 the time that we took I appreciate that
2 MAYOR SCARPELLI No problem Commissioner
3 Thats what were here for
4 Madam Clerk minutes
MADAM CLERK Yes Mayor We have regular minutes
6 for June 20th 2017 July 5th 2017 and July 18th 2017
7 COMMISSIONER TUCCI Move it
8 COMMISSIONER PETRACCO Second
9 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
11 MADAM CLERK Commissioner Tucci
12 COMMISSIONER TUCCI Aye
13 MADAM CLERK Commissioner Evans
14 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
16 COMMISSIONER PETRACCO Aye
17 MADAM CLERK Mayor Scarpelli
18 MAYOR SCARPELLI Aye
19 MADAM CLERK We have executive session minutes
for May 16th 2017 June 8th 2017 June 20th 2017 July
21 5th 2017 July 18th 2017 and August 1st 2017
22 COMMISSIONER TUCCI Move it
23 COMMISSIONER PETRACCO Second
24 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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r 21 159 511 raffle 112 3015
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responsible 2617 2619 2725
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section 517 1116 2424 256 3519
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
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society 425 212 statement 2525 2113 2317 statements 2621
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
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sunday 112 3016 4423
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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yard 4325 yeah 31318 721
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york 1410 young 1324
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1 MADAM CLERK Commissioner Tucci
2 COMMISSIONER TUCCI Yes on all but August 1st
3 MADAM CLERK Commissioner Evans
4 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
6 COMMISSIONER PETRACCO I think I was out August
7 1st as well so aye on all the rest
8 MADAM CLERK Mayor Scarpelli
9 MAYOR SCARPELLI Aye
MADAM CLERK And thats it for minutes Mayor
11 MAYOR SCARPELLI Correspondence
12 MADAM CLERK Did you say communications Mayor
13 MAYOR SCARPELLI Communications yes
14 MADAM CLERK We have the Nutley Junior Raider
Booster Club is requesting permission to hold raffle during
16 their breakfast event on Sunday October 22nd at Park
17 Avenue I need a motion please
18 COMMISSIONER TUCCI Move it
19 COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
21 COMMISSIONER ROGERS Aye
22 MADAM CLERK Commissioner Tucci
23 COMMISSIONER TUCCI Aye
24 MADAM CLERK Commissioner Evans Commissioner
Evans
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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4 a true and accurate record of the proceedings
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society 425 212 statement 2525 2113 2317 statements 2621
societys 2215 statewide 4218 solve 3524 station 1325 somebody 611 2124
1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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1 COMMISSIONER TUCCI Thats you again
2 COMMISSIONER EVANS Aye
3 MADAM CLERK Commissioner Petracco
4 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
6 MAYOR SCARPELLI Aye
7 MADAM CLERK St Marys Church has submitted an
8 application for a Social Affair Permit for their Oktoberfest
9 event to be held on Friday September 29th 2017 from 600
pm until 1100 pm on 17 Monsignor Owens in Nutley I
11 need a motion
12 COMMISSIONER TUCCI Move it
13 COMMISSIONER PETRACCO Second
14 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
16 MADAM CLERK Commissioner Tucci
17 COMMISSIONER TUCCI Aye
18 MADAM CLERK Commissioner Evans
19 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
21 COMMISSIONER PETRACCO Aye
22 MADAM CLERK Mayor Scarpelli
23 MAYOR SCARPELLI Aye
24 MADAM CLERK And thats it for communications
MAYOR SCARPELLI Bills
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
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society 425 212 statement 2525 2113 2317 statements 2621
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
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3813 2081718 21314 spoke 4812 211619 222 spoken 245 231624 256 spot 3815 261223 2713 sr 1021 149 152 stranger 1411
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1 MADAM CLERK Bill list for Tuesday August 15th
2 2017 Public Affairs $9569617 Revenue amp Finance
3 $229010258 Public Safety $3874663 Public Works
4 $6259936 Parks and Public Property $16268423 Total
payroll $81294780 For a grand total of $346277677
6 COMMISSIONER EVANS Move the bills
7 COMMISSIONER TUCCI Second
8 MADAM CLERK Commissioner Rogers
9 COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
11 COMMISSIONER TUCCI Aye
12 MADAM CLERK Commissioner Evans
13 COMMISSIONER EVANS Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK And thats it for bills Mayor
19 MAYOR SCARPELLI Public comment on agenda items
only Madam Clerk
21 MADAM CLERK Yes Mayor
22 All persons addressing the Board of Commissioners
23 regarding community concerns should approach the microphone
24 and provide their name and address for the record Unless
further time is granted by the Board each person shall
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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limit their address to three minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the Board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners on agenda items only Seeing
none could I have a motion to close the public portion
COMMISSIONER TUCCI Move it
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Board of Commissioner announcements Any
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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4 a true and accurate record of the proceedings
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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announcements Commissioners
COMMISSIONER TUCCI Nothing this evening
COMMISSIONER PETRACCO I would just like to
officially wish my 10 year old son a happy birthday on the
mic Hopefully hell be watching one of these years to
come But I wish him a happy birthday
MAYOR SCARPELLI Happy birthday Salvatore
COMMISSIONER TUCCI Yes happy birthday Sal
COMMISSIONER PETRACCO Thank you
MAYOR SCARPELLI Ordinance introduction thats
been pulled Public hearings We have the historic
preservation ordinance ordinance number 3361 An ordinance
to amend an ordinance codified in the Code of the Township
of Nutley Chapter 410 entitled Historic Preservation
I open the public hearing Would anybody like to
be heard on ordinance number 3361 Seeing none Can I have
a motion to close the public hearing
COMMISSIONER PETRACCO Move it
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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1 MADAM CLERK Commissioner Petracco
2 COMMISSIONER PETRACCO Aye
3 MADAM CLERK Mayor Scarpelli
4 MAYOR SCARPELLI Aye Move the ordinance
COMMISSIONER TUCCI Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 Commissioner Petracco ordinance number 3363
17 COMMISSIONER PETRACCO This is an ordinance to
18 amend an ordinance codified in the Code of the Township of
19 Nutley Section 11 of the Chapter 228 entitled Parking
time limited to add to the location set forth thereon
21 This ordinance is for Highfield Lane to Washington
22 Avenue and also includes Conduit Place to Highfield Lane to
23 White Terrace
24 This is what were going to try to solve this
problem with the commuter parking It is going to be
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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ltSignaturegt
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[adjusters - bids] Page 2
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[big - close] Page 3
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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[contributions - evans] Page 5
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2417 opras 481 orange 1419 438 order 1020 2413
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ordinances 32 420
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2510 276 owners 73 84
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3225 4710 personnel 512
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section 517 1116 2424 256 3519
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s 21 saddest 2310 safety 323 sal 348 salary 317 sale 2425 254 sally 1514 salvatore 4812
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
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yard 4325 yeah 31318 721
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york 1410 young 1324
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enacted from 600 am to 1000 am so it gives the
residence a chance to park in front of their own homes as
well and hopefully dilutes a little bit the commuter
parking And Im hoping that this works and that we could
institute it on streets like Edison Avenue people came
before us before and all other areas where were having
parking issues So I move the ordinance
MAYOR SCARPELLI Ordinance number 3 -- does
anybody want to be heard on ordinance number 3363
MR MOORE Rory Moore 462 Chestnut Street I
just have one question Does that include handicapped
placards Are they included in this or not
COMMISSIONER PETRACCO I believe handicapped
placards are excluded from getting any tickets
MR MOORE I cant hear
COMMISSIONER PETRACCO Im speaking into the
mic can you hear
MR MOORE Yeah
COMMISSIONER PETRACCO I believe that handicapped
stickers handicapped people are excluded from any of these
parking prohibitions
MR MOORE Thats all I wanted to know Thank
you
MAYOR SCARPELLI Anybody else like to be heard on
the ordinance Seeing none
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
22
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24
Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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responsible 2617 2619 2725
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1 COMMISSIONER PETRACCO I move the ordinance
2 COMMISSIONER ROGERS Second
3 MADAM CLERK Commissioner Rogers
4 COMMISSIONER PETRACCO Im sorry I move to close
the public portion of the meeting
6 COMMISSIONER ROGERS Second
7 MADAM CLERK Commissioner Rogers
8 COMMISSIONER ROGERS Aye
9 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
11 MADAM CLERK Commissioner Evans
12 COMMISSIONER EVANS Aye
13 MADAM CLERK Commissioner Petracco
14 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
16 MAYOR SCARPELLI Aye
17 COMMISSIONER PETRACCO I move the ordinance
18 COMMISSIONER ROGERS Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK Commissioner Tucci
22 COMMISSIONER TUCCI Aye
23 MADAM CLERK Commissioner Evans
24 COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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1 C E R T I F I C A T I O N
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3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
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[society - tonight] Page 13
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
All right The other public hearings have been
deferred -- tabled -- deferred So well move to
resolutions Commissioner Tucci
COMMISSIONER TUCCI Yes Thank you Mayor
Whereas the Township of Nutley has a need to
acquire specialized professional services as a fair and open
contract pursuant to the provision of NJSA 1944 A-205
and
Whereas the Department of Parks and Public
Property has a need to acquire specialized professional
services for a New Jersey Licensed Certified Tree Expert for
forestry services throughout the Township of Nutley and
Whereas the Municipal Clerk is hereby authorized
and directed to advertise for a Request for Qualifications
for Township Forester
Now therefore be it resolved that the Request
for Qualifications shall be due on Thursday
September 7th 2017 at 300 PM addressed to Municipal Clerk
Nutley Township Hall One Kennedy Drive Nutley New Jersey
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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section 517 1116 2424 256 3519
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
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2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
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vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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91120 1012 162223 171119 172324 184 27516 28820 369
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Be it resolved by the Board
of Commissioners of the Township of Nutley County of Essex
State of New Jersey that the Township Clerk is hereby
authorized to advertise for sealed bids for the Park Avenue
Cellular Antenna Installation in the Township of Nutley to
be received on behalf of the Board of Commissioners in
Commission Chambers Township Hall 1 Kennedy Drive Nutley
New Jersey on Thursday October 26th 2017 at 300 P M
prevailing time at which time they will be opened and
publicly read
I move the resolution
COMMISSIONER PETRACCO Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
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COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[closed - contractual] Page 4
closed 112224 121112131415 4222232425 conan 424 1833 4725 488914 1216 1391011 431411121314 18812 241921
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ordinances 32 420
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2314 3522 please 1810 3017 pledge 1221 pledged 1425 point 219 2320 police 3711 454 population 817 portion 3312 375
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section 517 1116 2424 256 3519
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set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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society 425 212 statement 2525 2113 2317 statements 2621
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
16910 2017 stickers 3620 374 stop 235
source 1824 193 store 611 7319 sourcing 228 725 84 141
2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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153722 161 streamlining 94 st 317 street 1019 3610 standards 2211 4110 4522 462
2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
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theater 1410 thereon 3520 thing 2815 things 615 103
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thinking 312 third 86 thomas 118 thorough 2113 thousands 418
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1011 112124 462122 494514 126 15202123 491718 50812 3413 3518 388 5013 38151822 3911 tuesday 23 321 39121416 4356 451 456 46121516 two 59 111 191
trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
467 unfortunatelytreasurer 437 1712 1823 2212 treatment 77 united 1415
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214 3524 vtucci 116 21314
48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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197 221018 2319
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1527922 161 wiped 213 2221 wish 3446 woman 2224
2410 wondering 525
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MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER TUCCI Thats all I have Mayor
MAYOR SCARPELLI Commissioner Evans
COMMISSIONER EVANS Thank you Mayor Before I
begin just a question for Alan Id like to summarize my
three resolutions by their title and reintroduce them in
that fashion Would that be acceptable
MR GENITEMPO Thats not a problem
Commissioner Go ahead
COMMISSIONER EVANS Thank you Resolution number
170-17 Mr Michael Walsh has met the requirements for full
tax exemption for a disable war veteran pursuant to NJSA
544-330
I move that we adopt -- we pass this resolution
which would recognize his tax exemption as of July 30th
2017 and all subsequent years
So moved
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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1 C E R T I F I C A T I O N
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4 a true and accurate record of the proceedings
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
problems 192025 proceed 1122 proceedings 16
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
society 425 212 statement 2525 2113 2317 statements 2621
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[tooth - young] Page 14
tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
vendor 1413 veney 1512 veteran 4017 veterinary 914
2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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w 153 wagon 1325 wait 1223 waiting 1224 walnut 4110 walsh 57 4016 want 513 815
91120 1012 162223 171119 172324 184 27516 28820 369
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
welcome 1110 welfare 423 522
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went 525 208 white 3523 whitehouse 2124 wife 1420 1538 wilbert 1448
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MADAM CLERK Commissioner Tucci
Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 171-17
authorizing the refund of overpayment of tax charges for 112
Walnut Street in the amount of $131093 I move this
resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Resolution number 172-17 my
last resolution authorizes a permit application fee refund
for Applied Services Corp located at 145 Franklin Avenue in
the amount of $330 It met all of the requirements of --
that would allow for that refund
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
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3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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section 517 1116 2424 256 3519
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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181718 1918 successful 1420 2081213 223 suddenly 410 2714 3912 436 summarize 4010 457 4613 sun 26 135
sunday 112 3016 4423
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513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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48 9111624 valid 67 102689 11814 variance 61213 121112 131112 various 1018 164111221 vehicle 46 29111222 3012 vehicles 45 443 30182223 311
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2224 232 vfw 4420 view 285 violating 221112 violation 209 violations 22316 virginia 1513 voice 411 vote 1617 voting 1711
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I move this resolution
MAYOR SCARPELLI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER EVANS Thank you Mayor
MAYOR SCARPELLI Thank you Commissioner
Commissioner Petracco
COMMISSIONER PETRACCO Yes In order to save a
little time because were running so late Ill just read
these by title This is resolution number 173-17
supporting the Drive Sober or Get Pulled Over campaign over
the statewide 2017
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[adjusters - bids] Page 2
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[big - close] Page 3
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[closed - contractual] Page 4
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[evans - guys] Page 6
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responsible 2617 2619 2725
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section 517 1116 2424 256 3519
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set 3520 5020 severe 223 share 179 sharing 175 shelters 262 shephard 2722 shine 1412 shoe 1412 shop 64 shops 41720 620 shot 243 shots 922 siblings 1512 side 2214 sign 4616 signature 518 signed 2320 significant 819 silver 151517 sincerest 1525 singer 149 single 218 sisters 1513 situation 1815 situations 2213 six 33 207 239 skip 1320 slaves 1917 sober 43 4217 soccer 4425 social 318 socialization 1911
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2613 211024 226 south 438 2320 2444 253 space 263 251023 267 speak 246 2811 speaking 3616 stores 525 62425 special 124 71722 814 specialized 389 1823 1923 201
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2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
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thank 4113 810 812 107 1111 1758141922 28171925 349 3622 387 409 4015 421112 4417 4816
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trainer 2624 2524 2721 trainers 2423 types 723 transcript 15 u
513 us 1417transfer 255 ultimately 2519 transparency 202 understand 524transportation 911 4814
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO Be it resolved by the
Board of Commissioners of the Township of Nutley in the
Essex County State of New Jersey that the Township
Treasurer be and she is hereby authorized to refund $500 to
Elliott Rogoff 60 Crest Drive South Orange New Jersey
07079 for reimbursement of overpayment made on a HazMat job
I move the resolution
COMMISSIONER ROGERS Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
COMMISSIONER PETRACCO My next resolution 178-
17 is a resolution that is allowing us to put out for
auction cars that have been abandoned and are at the towing
companys yard It will be on -- the auction will be held
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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big 522 2721 biggest 2524 bill 321 billion 2522 bills 3125 32618 birthday 47811
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4722 chief 469 chihuahua 2722 children 158 choir 156 church 1424 151
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1 at 757-1000 Page Avenue in Lyndhurst New Jersey on
2 Thursday September 14th 2017 at 1000 am
3 If anybody is interest theres a list of vehicles
4 that will be auctioned off I move the resolution
COMMISSIONER ROGERS Second
6 MADAM CLERK Commissioner Rogers
7 COMMISSIONER ROGERS Aye
8 MADAM CLERK Commissioner Tucci
9 COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
11 COMMISSIONER EVANS Aye
12 MADAM CLERK Commissioner Petracco
13 COMMISSIONER PETRACCO Aye
14 MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
16 COMMISSIONER PETRACCO Thats all I have
17 MAYOR SCARPELLI Thank you Commissioner
18 Whereas raffle applications have been received
19 from the following organizations
VFW Post 493 License No 39-17 On-Premise
21 Merchandise Raffle to be held Friday September 22nd 2017
22 Nutley Junior Raider Booster Club License No 40-
23 17 Off-Premise 5050 Cash Raffle to be held Sunday October
24 22nd 2017
Nutley High School Soccer Booster Club License
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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responsible 2617 2619 2725
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No 41-17 Off-Premise 5050 Cash Raffle to be held Tuesday
November 21st 2017
Whereas the applications have been reviewed and
approved by the Municipal Clerk and the Police Department
Now therefore be it resolved by the Board of
Commissioners of the Township of Nutley County of Essex
State of New Jersey that the aforementioned licenses are
approved and the Municipal Clerk is authorized to issue the
raffle licenses
I move the resolution
COMMISSIONER TUCCI Second
MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
Whereas bids for the Harrison Street Improvement
Project (Franklin Avenue - Bloomfield Avenue) were received
and opened on Wednesday July 12th 2017 and
Whereas DampL Paving Contractors 675 Franklin
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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section 517 1116 2424 256 3519
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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1 Avenue Nutley New Jersey was the low bidder and
2 Whereas the Base Bid for the Harrison Street
3 Improvement Project is in the amount of $27317399 for a
4 total bid amount of $27317399 and
Whereas funds are available from Ordinance 3362
6 in the amount of $252504 from monies received via a grant
7 from New Jersey Department of Transportation Ordinance
8 3321A in the amount of $2066999 and subject to this
9 caveat have been certified by the Chief Financial Officer
said certification being attached to this resolution
11 Now therefore be it resolved by the Board of
12 Commissioners of the Township of Nutley County of Essex
13 State of New Jersey that a contract be awarded to DampL
14 Paving Contractors not to exceed $27317399 and that the
Mayor and Township Clerk are hereby authorized to enter into
16 and sign said contract for the Township of Nutley
17 I move the resolution
18 COMMISSIONER TUCCI Second
19 MADAM CLERK Commissioner Rogers
COMMISSIONER ROGERS Aye
21 MADAM CLERK
22 COMMISSIONER
23 MADAM CLERK
24 COMMISSIONER
MADAM CLERK
800-227-8440
Commissioner Evans
EVANS Aye
Commissioner Tucci
TUCCI Aye
Commissioner Petracco
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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1717 184 3224 33110 4791120 4819
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3219 3311 ago 1924 2113 agree 521 710
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believing 241 berlene 1514 bestowing 1625
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
MAYOR SCARPELLI Aye
That concludes the business portion of our
meeting Madam Clerk
MADAM CLERK Yes Mayor
All persons addressing the Board of Commissioners
regarding community concerns should approach the microphone
and provide their name and address for the record Unless
further time is granted by the Board each person shall
limit their address to five minutes All remarks to the
Board and its individual members must be addressed to the
Mayor The Mayor may defer citizens comments to the
appropriate member of the board Dialogue between citizens
and others addressing the Board shall be allowed unless the
Mayor or presiding officer or the majority of the
membership of the Board shall determine that the interest
of decorum andor the expeditious conduct of municipal
business are being adversely affected by such dialogue
MAYOR SCARPELLI Would anybody like to address
the Board of Commissioners this evening
MR MOORE Rory Moore 462 Chestnut Street
Mr Scarpelli this evening I received an OPRA
request from the Essex County Prosecutors Office The
accident investigation is closed now Moving forward are
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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1115 164 298 2923 3019 3113 327 3314 3419 355 372618 3824 3921 4023 4112 42220 4311 445 4511 4618 4823 509
section 517 1116 2424 256 3519
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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2219 2319 4722 stands 1413 streets 365 star 28 136 subject 468 start 2118 submit 211619 started 2324 submitted 317 state 1121 1521 subsequent 4021
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we going to be able to have the OPRAs for the investigation
now answered by the Town
MAYOR SCARPELLI Mr Genitempo
MR GENITEMPO That is the only -- I saw the
document this afternoon Mr Moore Thats the only
document that we have So theres nothing else to provide to
you I will double check that but now that we know that its
been closed --
MR MOORE Its closed
MR GENITEMPO Let me check and make sure theres
nothing else If there is youll get it
MR MOORE I spoke to the attorney --
MR GENITEMPO No I hear you Im saying if --
I understand its closed If theres anything else that we
have we will send it to you
MR MOORE Okay Great Thank you
MR GENITEMPO No problem
MAYOR SCARPELLI Would anybody else like to
address the Board of Commissioners this evening Seeing
none could we have a motion to close the public portion of
the meeting
COMMISSIONER PETRACCO Move it
COMMISSIONER ROGERS Second
MADAM CLERK Are we going into executive
MAYOR SCARPELLI Lets close this portion first
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[closed - contractual] Page 4
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ones 2312 oozing 2314 open 24 611
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problems 192025 proceed 1122 proceedings 16
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responsible 2617 2619 2725
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society 425 212 statement 2525 2113 2317 statements 2621
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1 MADAM CLERK Sure
2 Commissioner Rogers
3 COMMISSIONER ROGERS Aye
4 MADAM CLERK Commissioner Tucci
COMMISSIONER TUCCI Aye
6 MADAM CLERK Commissioner Evans
7 COMMISSIONER EVANS Aye
8 MADAM CLERK Commissioner Petracco
9 COMMISSIONER PETRACCO Aye
MADAM CLERK Mayor Scarpelli
11 MAYOR SCARPELLI Aye
12 Can I have a motion to go back into executive
13 session
14 COMMISSIONER TUCCI Move it
MADAM CLERK Commissioner Rogers
16 COMMISSIONER ROGERS Aye
17 MADAM CLERK Commissioner Tucci
18 COMMISSIONER TUCCI Aye
19 MADAM CLERK Commissioner Evans
COMMISSIONER EVANS Aye
21 MADAM CLERK Commissioner Petracco
22 COMMISSIONER PETRACCO Aye
23 MADAM CLERK Mayor Scarpelli
24 MAYOR SCARPELLI Aye
We will going back into executive We will come
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
22
23
24
Were all set
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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8
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14 Date August 31 2017
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
contributions 1523
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1 back and go back on the record No action will be taken
2 (End of audio)
3 MAYOR SCARPELLI All right Madam Clerk We are
4 back on the record The time is
MADAM CLERK The time is now 1044
6 MAYOR SCARPELLI Commissioners I need a motion
7 to continue this meeting to August 22nd at 1000 am
8 COMMISSIONER TUCCI So moved
9 COMMISSIONER ROGERS Second
MADAM CLERK Okay Commissioner Rogers
11 COMMISSIONER ROGERS Aye
12 MADAM CLERK Commissioner Tucci
13 COMMISSIONER TUCCI Aye
14 MADAM CLERK Commissioner Petracco
COMMISSIONER PETRACCO Aye
16 MADAM CLERK Mayor Scarpelli
17 MAYOR SCARPELLI Aye
18 MADAM CLERK Okay Thats it
19 (Meeting was adjourned at 1044 PM)
21
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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14 Date August 31 2017
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[joseph - mayor] Page 8
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1 C E R T I F I C A T I O N
2
3 I Jamie Gallagher certify that the foregoing transcript is
4 a true and accurate record of the proceedings
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[adjusters - bids] Page 2
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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[society - tonight] Page 13
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[adjusters - bids] Page 2
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
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[society - tonight] Page 13
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[tooth - young] Page 14
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[adjusters - bids] Page 2
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
joseph 115 1448 14172223 1513 157922 161
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[mayor - once] Page 9
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[ones - problem] Page 10
ones 2312 oozing 2314 open 24 611
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
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[society - tonight] Page 13
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[tooth - young] Page 14
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[big - close] Page 3
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
joseph 115 1448 14172223 1513 157922 161
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
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[society - tonight] Page 13
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[closed - contractual] Page 4
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
joseph 115 1448 14172223 1513 157922 161
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[mayor - once] Page 9
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[ones - problem] Page 10
ones 2312 oozing 2314 open 24 611
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
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[contributions - evans] Page 5
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[evans - guys] Page 6
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[hall - jones] Page 7
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[joseph - mayor] Page 8
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[mayor - once] Page 9
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[ones - problem] Page 10
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[problems - resounding] Page 11
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[responsible - socialization] Page 12
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[evans - guys] Page 6
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[joseph - mayor] Page 8
joseph 115 1448 14172223 1513 157922 161
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met 57 4016 3018 3112 326 4124 3313 3418 354
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244
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problems 192025 proceed 1122 proceedings 16
514 professional 389
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[responsible - socialization] Page 12
responsible 2617 2619 2725
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society 425 212 statement 2525 2113 2317 statements 2621
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1921 2725 status 57 someones 2519 statute 128 someplace 919 step 1817 son 46 1511 344 steve 54 79 soon 2816 steves 1010 sorry 3524 143 steven 114
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tooth 205 31121617 327 total 3245 464 321011 331317 totally 521 3318 34281922 touch 2811 3423 3589 379 towing 4324 37102122 3867 town 29 712 137 3923102425
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219 2225 weve 1017 188 website 214 wednesday 4524 week 2812
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[hall - jones] Page 7
h henceforth 1825 herald 27 135 hester 1512 high 4425 highfield 352122 historic 1016
341114 history 2019 hobby 194 2617 hold 3015 holding 316 hollister 155 home 1425 1922 homes 362 honor 132124
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193 2467 265 361517 4813
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2113 2214 2317 hundreds 1914 hurt 251819
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[joseph - mayor] Page 8
joseph 115 1448 14172223 1513 157922 161
jr 159 july 29662021
4020 4524 june 2962020 junior 3014 4422 jw 1021 1321
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losing 2118 loss 1322 143 lot 84 1617 189
2215 247 love 713 14522
28213 lover 2720 lovers 819 low 461 lyndhurst 441
4824 491468 491015171921 4923 50351012 5014161820
mae 1514 magnolia 1513 mail 2468 majority 336
4716 malissie 146 158
158 1621 1718 man 142 172 mandate 1910 manpower 2014 mark 1516 married 145 marys 317 massachusetts
1818 matter 2111 226 matters 1277
1616 mauro 116 maximize 195 mayor 115 219
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[mayor - once] Page 9
3989 4056789 1821 2710 municipal 210 november 452 4023 41671219 milton 1517 138 338 3816 number 186 4120 42291011 minimal 913 3821 4548 341216 3516 4212 43232021 2218 4718 3689 4015 418 44141517 4520 minute 2820 4521 4615 472 minutes 102525 473613131620 294519 3010 4831825 4910 331 4711 49112324 5036 misinterpretation 501819 252
mean 2312 misread 716 meet 275 2812 mission 2525 meeting 15 234 mistake 2411
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mute 169
n
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4121 4216 nutley 11 269
418 525 66 711 719 814 917 112124 126 1357 1471424 152023 227 3014 3110 3414 3519 3881522 3822 39111416 435 442225 456 4611216
4821 50721 months 923 207 meetings 2325 216 239 melinda 159 moore 36101015 member 1415 361822 472222
156 1813 334 48591216 4714 motion 1112
members 154 3017 3111 3312 1719 332 4712 3417 4820 4912
membership 819 506 337 4717 motor 46
merchandise move 111424 4421 162 29722
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theater 1410 thereon 3520 thing 2815 things 615 103
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2423 supporter 522 supporting 4217 supposed 201622 sure 6523 711
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theater 1410 thereon 3520 thing 2815 things 615 103
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